USA v. Presnell
| Arizona District Court | |
| Case #: | 4:24-cr-03099 |
| Case Filed: | May 29, 2024 |
| Last checked: Saturday Jun 01, 2024 12:42 AM MST |
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Defendant
Jeffrey Presnell, II (1)
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Represented By
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Material Witness
Material Witness
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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: 06/01/2024 2:17 AM MST |
| Saturday, May 04, 2024 | ||
| Arrest of Jeffrey Presnell, II on 5/4/2024. (CAB) [4:24-mj-03193-N/A-JR] | ||
| Monday, May 06, 2024 | ||
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COMPLAINT as to Jeffrey Presnell, II. (CAB) [4:24-mj-03193-N/A-JR]
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| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Jeffrey Presnell, II signed by Magistrate Judge Angela M Martinez. (CAB) [4:24-mj-03193-N/A-JR]
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| 3 | 3 *MINUTE ENTRY for proceedings held before Magistrate Judge Angela M Martinez: Initial Appearance for Material Witness in case as to Jeffrey Presnell, II held on 5/6/2024. Material Witness(es) are present and in custody. CJA appointed as counsel for the material witnesses with appointment type Natalie Haywood. 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. Material Witness video deposition set for 5/31/2024 at 8:30 a.m.Material Witness(es) present and state true name to be the following: Nahum Bernal-Madrigal Appearances : AUSA Matthew Eltringham, duty AUSA for the Government, CJA Attorney Natalie Haywood for defendant. Material Witness(es) are present and in custody. Spanish Interpreter David Miller, appears telephonically, and assists material witness(es). Hearing held 1:44 PM to 2:08 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SIB) *NEF regenerated on 5/7/2024 (CEI). [4:24-mj-03193-N/A-JR] | |
| 4 | 4
*Notice of Video Deposition Hearing as to Jeffrey Presnell, II. (SIB) *NEF regenerated on 5/7/2024 (CEI). [4:24-mj-03193-N/A-JR]
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| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Angela M Martinez: Initial Appearance as to Jeffrey Presnell, II held on 5/6/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Glaucia B Brannock for defendant, II with Appointment Type: FPD. Defendant(s) state true name to be the same. Government's motion for detention and Defendant's request for continuance of the Detention Hearing is granted. Defendant(s) temporarily detained in the custody of the U.S. Marshal. Preliminary Hearing, II waived on 5/6/2024. Finding: Defendant held to answer before District Court. Interpreter required for Jeffrey Presnell II (1) English. Pretrial Service to screen defendant for residential treatment. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Matt Eltringham, attorney on duty for the Government, AFPD Angeles Ellis for Glaucia Brannock for defendant. Defendant is present and in custody. Interpreter N/A. Detention Hearing set for 5/20/2024 at 10:30 AM before Magistrate Judge Bruce G Macdonald. Hearing held 3:09 PM to 6:09 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SIB) [4:24-mj-03193-N/A-JR] | |
| 7 | 7 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 Angela M Martinez.(SIB)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-03193-N/A-JR] | |
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SEALED CJA 23 Financial Affidavit by Jeffrey Presnell, II. (SIB) [4:24-mj-03193-N/A-JR]
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| Wednesday, May 08, 2024 | ||
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MOTION for Hearing re: Status Conference by USA as to Jeffrey Presnell, II. (Chery, Desiree) [4:24-mj-03193-N/A-JR]
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ORDER GRANTING9 Motion for Hearing as to Jeffrey Presnell II (1). IT IS ORDERED, the Status Conference is set for 5/29/24 at 10:30 am before Magistrate Judge Jacqueline M Rateau. (See attached PDF for complete information). Signed by Magistrate Judge Jacqueline M Rateau on 5/8/24. (BAC) [4:24-mj-03193-N/A-JR]
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| Monday, May 20, 2024 | ||
| 12 | 12 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Detention Hearing as to Jeffrey Presnell, II held on 5/20/2024. Pretrial Services recommends release per the Addendum to the Report dated 05/16/2024. Government requests detention. Defense counsel argues for release. Defendant is ordered released on own recognizance. Defendant advised of conditions of release. Defendant shall be transported bag and baggage to the Evo. A. DeConcini Courthouse U.S Marshal cell block for release to a treatment facility on May 21, 2024. Depositions scheduled 05/31/2024 at 8:30 AM. Appearances : AUSA Sandra Hansen (duty) for the Government, AFPD Glaucia Brannock for defendant. Defendant is present and in custody. Interpreter N/A English. Hearing held 10:29 AM to 10:54 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REC) [4:24-mj-03193-N/A-JR] | |
| Tuesday, May 21, 2024 | ||
| 13 | 13
ORDER Setting Conditions of Release as to Jeffrey Presnell, II. Signed by Magistrate Judge Bruce G Macdonald on 5/21/2024.(REC) [4:24-mj-03193-N/A-JR]
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| Tuesday, May 28, 2024 | ||
| 14 | 14
First MOTION to Continue Video Depositions by Jeffrey Presnell, II. (Brannock, Glaucia) [4:24-mj-03193-N/A-JR]
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| Wednesday, May 29, 2024 | ||
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NOTICE OF VIDEO DEPOSITION HEARING AS TO DATE, TIME AND LOCATION FIRST AMENDED by USA as to Jeffrey Presnell, II. (Chery, Desiree) [4:24-mj-03193-N/A-JR]
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| 16 | 16 MINUTE ENTRY for proceedings held before Magistrate Judge Jacqueline M Rateau: Status Conference as to Jeffrey Presnell, II held on 5/29/2024. AFPD Brannock raises her motion seeking continuance of the depositions, and further explains she has not received complete disclosure, additional evidence has been requested and disclosure received has not been reviewed. AUSA Chery responds, the complete disclosure has been given, including videos and reports. Discussion held. The Court grants14 Motion to Continue. The Court vacates the depositions currently scheduled 5/31/24. The Court orders the depositions be completed by noon on 6/7/2024. Appearances : AUSA Desiree Chery for the Government, AFPD Glaucia Brannock for defendant, CJA Attorney Natalie Haywood for material witness. Defendant is present and released. Hearing held 10:42 a.m. to 10:49 a.m.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARS) [4:24-mj-03193-N/A-JR] | |
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INDICTMENT as to Jeffrey Presnell, II (1) count(s) 1, 2. Arraignment set for 6/21/2024 at 11:00 AM before Magistrate Judge Maria S Aguilera. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 7/30/2024; Plea Deadline: 7/12/2024.
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. (MCO)
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SEALED UNREDACTED INDICTMENT as to Jeffrey Presnell, II. (DLC)
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