USA v. Ramsey et al
| Arizona District Court | |
| Case #: | 4:23-cr-00651 |
| Case Filed: | May 10, 2023 |
| Last checked: Friday Jun 09, 2023 12:19 AM MST |
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Defendant
Mishila Mercy Mulenga (2)
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Represented By
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Defendant
William Earl Ramsey (1)
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Represented By
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Plaintiff
USA
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Represented By
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| TERMINATED PARTIES | |
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Material Witness
Material Witnesses
Terminated: 05/26/2023
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Represented By
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| Docket last updated: 06/09/2023 4:08 AM MST |
| Thursday, April 13, 2023 | ||
| Arrest of William Earl Ramsey and Mishila Merey Mulenga on 4/13/2023. (SGG) [4:23-mj-07268-N/A-BGM] | ||
| Friday, April 14, 2023 | ||
| 1 | 1
COMPLAINT as to William Earl Ramsey and Mishila Merey Mulenga. (SGG) [4:23-mj-07268-N/A-BGM]
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| Monday, April 17, 2023 | ||
| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESSES by USA as to William Earl Ramsey and Mishila Merey Mulenga signed by Magistrate Judge Jacqueline M Rateau. (SGG) [4:23-mj-07268-N/A-BGM]
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| 4 | 4 MINUTE ENTRY for proceedings held before Magistrate Judge D Thomas Ferraro: Initial Appearance as to William Earl Ramsey held on 4/17/2023. FINANCIAL AFFIDAVIT TAKEN. Appointing Louis M Spivack for the defendant with Appointment Type: CJA. Defendant(s) state true name to be the same. Detention Hearing as to the defendant held on 4/17/2023. Defendant ordered/continued detained pending trial. Preliminary Hearing as to the defendant waived on 4/17/2023. Finding: Defendant held to answer before District Court. Interpreter required for the defendant (1) N/A-English. Defense counsel submits as to the issue of detention with leave to re-urge the issue by written motion. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Josh Ackerman, attorney on duty for the Government, CJA Attorney Louis Spivack for defendant. Defendant is present and in custody. Hearing held 2:13 PM to 3:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) [4:23-mj-07268-N/A-BGM] | |
| 5 | 5 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 D Thomas Ferraro.(CXE)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:23-mj-07268-N/A-BGM] | |
| 7 | 7 MINUTE ENTRY for proceedings held before Magistrate Judge D Thomas Ferraro: Initial Appearance, Detention hearing and Preliminary Hearing as to Mishila Merey Mulenga held on 4/17/2023. FINANCIAL AFFIDAVIT TAKEN. The Court appoints CJA attorney, Jill Thorpe as counsel for Defendant. Defendant states true name to be the same. In the presence of Government and Defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Pretrial Services recommends release; Government does not object. Defense counsel argues for release. There being no objection, the Court follows the recommendation by Pretrial Services and Defendant is ordered released on her own recognizance with conditions. Defendant is advised on the record. To facilitate transportation, Defendant shall be transported bag and baggage to the Sandra Day O'Conner Federal Courthouse on 4/18/2023 and released from the USMS cell block. No hearing is required. The Preliminary Hearing is waived. Finding: Defendant held to answer before District Court. Interpreter required for Mishila Merey Mulenga (2) N/A-English. Appearances : AUSA, Josh Ackerman for the Government; CJA Attorney, Jill Thorpe for Defendant. Defendant is present and in custody. Interpreter N/A. Hearing held 2:13 PM to 3:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) [4:23-mj-07268-N/A-BGM] | |
| 8 | 8 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 D Thomas Ferraro.(CXE)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:23-mj-07268-N/A-BGM] | |
| 9 | 9
SEALED CJA 23 Financial Affidavit by Mishila Merey Mulenga. (CXE) [4:23-mj-07268-N/A-BGM]
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| 12 | 12
SEALED CJA 23 Financial Affidavit by William Earl Ramsey. (CXE) [4:23-mj-07268-N/A-BGM]
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| 13 | 13 MINUTE ENTRY for proceedings held before Magistrate Judge D Thomas Ferraro: Initial Appearance for Material Witness in case as to William Earl Ramsey, Mishila Merey Mulenga held on 4/17/2023. Material Witness(es) are present and in custody. Myrla Garcia appointed as counsel for the material witnesses with appointment type CJA. The Court orders the Material Witnesses temporarily detained in the custody of the United States Marshal pursuant to 18§3144. IT IS ORDERED the United States Attorney shall schedule a date and time for the video deposition of the material witness(es) within 30 days of appearance. (a juvenile material witness within 24 hours) IT IS FURTHER ORDERED that counsel shall preserve video deposition testimony pending resolution of this matter. Video Depositions are set for 5/12/2023 at 8:30 a.m.Material Witness(es) present and state true name to be the SAME: Faustino Quiej-Tzoy, Sindy Abigail Ramos-Moran, Rosa Maria Xiap-Chenol. Appearances : AUSA Josh Ackerman, attorney on duty for the Government, CJA Attorney Myrla Garcia for material witness(es). Material Witness(es) are present and in custody. Spanish Interpreter David Miller, appears telephonically, and assists material witness(es). Hearing held 1:16 PM to 1:23 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) [4:23-mj-07268-N/A-BGM] | |
| 14 | 14 MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Initial Appearance for Material Witness in case as to William Earl Ramsey, Mishila Merey Mulenga held on 4/17/2023. Material Witness(es) are present and in custody. Myrla Garcia appointed as counsel for the material witnesses with appointment type CJA. The Court orders the Material Witnesses temporarily detained in the custody of the United States Marshal pursuant to 18§3144. IT IS ORDERED the United States Attorney shall schedule a date and time for the video deposition of the material witness(es) within 30 days of appearance. (a juvenile material witness within 24 hours) IT IS FURTHER ORDERED that counsel shall preserve video deposition testimony pending resolution of this matter. Notice of hearing filed in Court. Material Witness(es) present and state true name to be the SAME: Faustino Quiej-Tzoy, Sindy Abigail Ramos-Moran and Rosa Maria Xiap-Chenol. Appearances : AUSA Josh Ackerman (duty) for the Government, CJA Attorney Myrla Garcia for material witness(es). Material Witness(es) are present and in custody. Spanish Interpreter David Miller, appears telephonically, and assists material witness(es). Hearing held 1:16 pm to 1:23 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) [4:23-mj-07268-N/A-BGM] | |
| 15 | 15
NOTICE OF HEARING as to William Earl Ramsey, Mishila Merey Mulenga. (CKS) [4:23-mj-07268-N/A-BGM]
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| Tuesday, April 18, 2023 | ||
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ORDER OF DETENTION as to William Earl Ramsey. Signed by Magistrate Judge D Thomas Ferraro on 4/17/2023.(CXE) [4:23-mj-07268-N/A-BGM]
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| 11 | 11
ORDER Setting Conditions of Release as to Mishila Merey Mulenga. Signed by Magistrate Judge D Thomas Ferraro on 4/17/2023.(CXE) [4:23-mj-07268-N/A-BGM]
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| 16 | 16
First MOTION for Hearing re: Status Conference by USA as to William Earl Ramsey, Mishila Merey Mulenga. (Ackerman, Josh) [4:23-mj-07268-N/A-BGM]
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| Thursday, April 20, 2023 | ||
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ORDER granting16 Motion for Hearing as to William Earl Ramsey (1) and Mishila Merey Mulenga (2). Status Conference set for 5/4/2023 at 01:40 PM in Courtroom 3C, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Bruce G Macdonald. Signed by Magistrate Judge Bruce G Macdonald on 04/20/2023. (See attached Order for complete information.)(SCA) [4:23-mj-07268-N/A-BGM]
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| Wednesday, May 03, 2023 | ||
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STIPULATION stipulation to release material witnesses by William Earl Ramsey. (Spivack, Louis) [4:23-mj-07268-N/A-BGM]
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| Thursday, May 04, 2023 | ||
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NOTICE of Video Deposition Hearing (First Amended) by USA as to William Earl Ramsey, Mishila Merey Mulenga. (Ackerman, Josh) [4:23-mj-07268-N/A-BGM]
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| 20 | 20 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Status Conference as to William Earl Ramsey held on 5/4/2023. Defendant has filed a stipulation for release of material witnesses,18 . Defendant will not be participating in the depositions, and as to this defendant only, the deposition date(s) are VACATED. The Government will be presenting this case to the Grand Jury. Appearances : AUSA Josh Ackerman for the Government, CJA Attorney Louis Spivack for defendant. Defendant is present and in custody. CJA Attorney Myrla Garcia present for material witnesses; presence waived. Hearing held 1:35 pm to 1:38 pm. MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Status Conference as to Mishila Merey Mulenga held on 5/4/2023. Defendant is requesting a 30-day continuance of the 5/9/2023 deposition date. Counsel for the material witnesses objects to the continuance. The Court confirms the material witnesses were taken into custody on 4/13/2023. Defense counsel states disclosure was just received and more time is needed to review and get interviews, etc. translated from Spanish to English. Argument heard. The Court finds good cause for continuance. The 5/9/2023 deposition date is vacated. The material witness depositions, as to this defendant only, are re-set to 5/26/2023 beginning at 8:30 am with location to be determined. The Government will be presenting this case to the Grand Jury. Appearances : AUSA Josh Ackerman for the Government, CJA Attorney Jill Thorpe for defendant. Defendant is present and released. CJA Attorney Myrla Garcia present for material witnesses; presence waived. Hearing held 1:52 pm to 1:58 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:23-mj-07268-N/A-BGM] | |
| Wednesday, May 10, 2023 | ||
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INDICTMENT as to William Earl Ramsey (1) count(s) 1, 2-4, Mishila Mercy Mulenga (2) count(s) 1, 2-4. Arraignment set for 6/2/2023 at 11:00 AM before Magistrate Judge Aguilera. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following dates: Trial: 7/11/2023; Plea Deadline: 6/23/2023.
NOTE: The process for waiving defendant's appearance at Arraignment has changed. There is no longer a need to file a Notice of Intent to File Waiver of Defendants Appearance. Instead, signed appearance waivers may be electronically filed using the Waiver of Defendants Presence at Arraignment and Acknowledgement of Trial Date event. The event is located under Criminal Event Categories: Other Filings/Waivers. The signed Waiver must be filed no later than 12:00 PM the business day prior to the scheduled arraignment.
Failure of defense counsel to file a timely waiver (or a timely motion to continue) may result in the reappointment of defense counsel. (ARC)
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SEALED UNREDACTED INDICTMENT as to William Earl Ramsey, Mishila Mercy Mulenga. (KAH)
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