USA v. Havier et al
| Arizona District Court | |
| Case #: | 4:22-mj-06496 |
| Case Filed: | Dec 12, 2022 |
| Last checked: Wednesday Dec 14, 2022 12:24 AM MST |
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Defendant
Sheridan Elizabeth Campillo (2)
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Represented By
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Defendant
Kandice Havier (1)
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Represented By
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Material Witness
Material Witnesses
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 12/14/2022 12:46 AM MST |
| Friday, December 09, 2022 | ||
| Arrest of Kandice Havier (1) and Sheridan Elizabeth Campillo (2), on 12/9/2022. (LML) | ||
| Monday, December 12, 2022 | ||
| 1 | 1
COMPLAINT as to Kandice Havier (1) and Sheridan Elizabeth Campillo (2). (LML)
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| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESSES as to Kandice Havier (1) and Sheridan Elizabeth Campillo (2), signed by Magistrate Judge Lynnette C Kimmins. (LML)
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| 3 | 3 ORDER: Under federal law, including Rule 5(f) of the Federal Rules of Criminal Procedure, Brady v. Maryland , 373 U.S. 83 (1963), and all applicable decisions from the Supreme Court and the Ninth Circuit interpreting Brady , the government has a continuing obligation to produce all information or evidence known to the government relating to guilt or punishment that might reasonably be considered favorable to the defendant's case, even if the evidence is not admissible so long as it is reasonably likely to lead to admissible evidence. See United States v. Price , 566 F.3d 900,913 n.14 (9th Cir. 2009). Accordingly, the court orders the government to produce to the defendant in a timely manner all such information or evidence. Information or evidence may be favorable to a defendant's case if it either may help bolster the defendant's case or impeach a prosecutor's witness or other government evidence. If doubt exists, it should be resolved in favor of the defendant with full disclosure being made. If the government believes that a required disclosure would compromise witness safety, victim rights, national security, a sensitive law-enforcement technique, or any other substantial government interest, the government may apply to the Court for a modification of the requirements of this Disclosure Order, which may include in camera review and/or withholding or subjecting to a protective order all or part of the information. This Disclosure Order is entered under Rule 5(f) and does not relieve any party in this matter of any other discovery obligation. The consequences for violating either this Disclosure Order or the government's obligations under Brady include, but are not limited to, the following: contempt, sanction, referral to a disciplinary authority, adverse jury instruction, exclusion of evidence, and dismissal of charges. Nothing in this Disclosure Order enlarges or diminishes the government's obligation to disclose information and evidence to a defendant under Brady , as interpreted and applied under Supreme Court and Ninth Circuit precedent. As the Supreme Court noted, "the government violates the Constitution's Due Process Clause 'if it withholds evidence that is favorable to the defense and material to the defendant's guilt or punishment." ' Turner v. United States , 137 S. Ct. 1885, 1888 (2017), quoting Smith v. Cain , 565 U.S. 73, 75 (2012). Ordered by Magistrate Judge Lynnette C Kimmins. (LML)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) | |
| 5 | 5
MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance for Material Witness in case as to Kandice Havier, Sheridan Elizabeth Campillo held on 12/12/2022. Material Witness(es) are present and in custody. Matthew McGuire appointed as counsel for the material witnesses with appointment type CJA. Hearing held 1:24 pm to 1:33 pm.(CKS)
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| 6 | 6
NOTICE OF VIDEO DEPOSITION HEARING as to Kandice Havier, Sheridan Elizabeth Campillo. (CKS)
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| 7 | 7 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance as to Sheridan Elizabeth Campillo held on 12/12/2022. FINANCIAL AFFIDAVIT TAKEN. The Court appoints Henry L Jacobs for defendant with Appointment Type: CJA. Defendant states true name to be the same. Preliminary Hearing waived on 12/12/2022. Finding: Defendant held to answer before District Court. Interpreter N/A English. Upon recommendation by Pretrial Services, with no objection by the parties, the Court requests Pretrial Services screen the defendant for residential treatment and sets a detention hearing. Material Witness Video Deposition is scheduled for 1/6/2023 at 1:00 p.m. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Chris Curran (duty) for the Government, CJA Attorney Henry Jacobs for defendant. Defendant is present and in custody. Detention Hearing set for 12/29/2022 at 10:30 AM in Special Proceedings Courtroom, 2nd Floor, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Bruce G Macdonald. Hearing held 2:40 pm to 3:42 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) | |
| 9 | 9 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance as to Kandice Havier held on 12/12/2022. FINANCIAL AFFIDAVIT TAKEN. Appointing Kristian Harrison Salter for the defendant with Appointment Type: CJA. Defendant(s) state true name to be the same., Detention Hearing as to the defendant held on 12/12/2022. Defendant ordered/continued detained pending trial. Preliminary Hearing as to the defendant waived on 12/12/2022. Finding: Defendant held to answer before District Court. Interpreter required for the defendant (1) English. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Material Witness Video Depositions are scheduled for 1/6/2023 at 1:00 p.m. Magistrate Case Referral is Judge Kimmins, all filings shall reflect 4:22-mj-06496-1 (LCK). Appearances : AUSA Chris Curran (duty) for the Government, CJA Attorney Kristian Salter for defendant. Defendant is present and in custody. Hearing held 2:40 pm to 3:42 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) | |
| 10 | 10
ORDER OF DETENTION as to Kandice Havier. Signed by Magistrate Judge Lynnette C Kimmins on 12/12/2022.(CKS)
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| 11 | 11
SEALED CJA 23 Financial Affidavit by Kandice Havier. (DLC)
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| 12 | 12
SEALED CJA 23 Financial Affidavit by Sheridan Elizabeth Campillo. (DLC)
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