USA v. Martinez
| Arizona District Court | |
| Case #: | 4:24-cr-08593 |
| Case Filed: | Dec 04, 2024 |
| Last checked: Friday Dec 06, 2024 12:20 AM MST |
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Defendant
Alexis Martinez (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: 12/04/2024
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Represented By
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| Docket last updated: 12/06/2024 1:08 AM MST |
| Tuesday, November 05, 2024 | ||
| Arrest of Alexis Martinez on 11/5/2024. (SGG) [4:24-mj-11840-N/A-MAA] | ||
| Wednesday, November 06, 2024 | ||
| 1 | 1
COMPLAINT as to Alexis Martinez. (SGG) [4:24-mj-11840-N/A-MAA]
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| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Alexis Martinez signed by Magistrate Judge Lynnette C Kimmins. (SGG) [4:24-mj-11840-N/A-MAA]
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| Thursday, November 07, 2024 | ||
| 4 | 4 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance for Material Witness in case as to Alexis Martinez held on 11/7/2024. Material Witness(es) are present and in custody. Anthony Payson 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 following: Delia Baez-Benitez and Lorenzo Cardenas-Medina. Appearances : AUSA Jared Kreamer Hope (duty) for the Government, CJA Attorney Anthony Payson for material witness(es). Material Witness(es) are present and in custody. Spanish Interpreter Arturo Garcia, appears telephonically, and assists material witness(es). Hearing held 1:23 PM to 1:35 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:24-mj-11840-N/A-MAA] | |
| 5 | 5
Notice of Video Deposition Hearing as to Alexis Martinez. (JAM) [4:24-mj-11840-N/A-MAA]
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| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance as to Alexis Martinez held on 11/7/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Philip Kimble for defendant with Appointment Type: CJA. Mr. Kimble advises the Court that, although he was effectively able to communicate with the defendant regarding these proceedings, the defendant prefers to proceed in Spanish, and moves to withdraw as counsel upon the conclusion of this hearing. Defendant is informally questioned by the Court regarding his understanding of this proceeding, to which he confirms. Defendant(s) state true name to be the same. Government's motion for detention and request for continuance of the Detention Hearing is granted. Defendant(s) temporarily detained in the custody of the U.S. Marshal. Spanish Interpreter required. Mr. Kimble's oral motion to withdraw is GRANTED. Mr. Kimble is relieved of further responsibility for the representation of the defendant. Thereafter, IT IS ORDERED appointing Alejandro Munoz (CJA) to represent the defendant in all further proceedings. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Jared Kreamer Hope (duty) for the Government, CJA Attorney Philip Kimble for defendant. Defendant is present and in custody. Spanish Interpreter Ignacio Barrientos assists defendant. Detention Hearing set for 11/12/2024 at 10:30 AM before Magistrate Judge D Thomas Ferraro. Preliminary Hearing set for 11/12/2024 at 10:30 AM before Magistrate Judge D Thomas Ferraro. Hearing held 3:03 PM to 4:06 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:24-mj-11840-N/A-MAA] | |
| 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 Lynnette C Kimmins.(JAM)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-11840-N/A-MAA] | |
| 8 | 8
SEALED CJA 23 Financial Affidavit by Alexis Martinez. (JAM) [4:24-mj-11840-N/A-MAA]
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| Tuesday, November 12, 2024 | ||
| 9 | 9 MINUTE ENTRY for proceedings held before Magistrate Judge D Thomas Ferraro: Detention Hearing as to Alexis Martinez held on 11/12/2024. Pretrial Services recommends release. Government requests detention. Defense counsel argues for release. Defendant is ordered detained with leave to refile at a later date. Preliminary Hearing as to Alexis Martinez waived on 11/12/2024. Finding: Defendant held to answer before District Court. Depositions scheduled 12/02/2024 at 8:30 AM. Appearances : AUSA Fred Cocio (duty) for the Government, CJA Attorney Alejandro Munoz for defendant. Defendant is present and in custody. Spanish Interpreter Hortensia Studer assists defendant. Hearing held 10:42 AM to 11:24 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REC) [4:24-mj-11840-N/A-MAA] | |
| Wednesday, November 13, 2024 | ||
| 10 | 10
ORDER OF DETENTION as to Alexis Martinez. Signed by Magistrate Judge D Thomas Ferraro on 11/12/24. (REC) [4:24-mj-11840-N/A-MAA]
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| 11 | 11
MOTION for Hearing re: Status Conference by USA as to Alexis Martinez. (Sabori, Pete) [4:24-mj-11840-N/A-MAA]
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| Friday, November 15, 2024 | ||
| 12 | 12
ORDER as to Alexis Martinez (1): IT IS HEREBY ORDERED that the Status Conference, as to Defendant, Alexis Martinez, is set for November 27, 2024, at 3:10 p.m. before this court. Signed by Magistrate Judge Michael A Ambri on 11/15/2024. (See attached Order for complete information.)(SCA) [4:24-mj-11840-N/A-MAA]
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| Wednesday, November 27, 2024 | ||
| 13 | 13 MINUTE ENTRY for proceedings held before Magistrate Judge Michael A. Ambri: Status Conference re material witness depositions as to Alexis Martinez held on 11/27/2024. The Court has reviewed the signed Stipulation and Joint Motion for Release of Material Witnesses. The Court signs the Order which will be filed and electronically distributed to the U.S. Marshal's Service on this date. The Material Witnesses' Video Depositions scheduled December 2, 2024, at 8:30 a.m. is VACATED. Appearances : AUSA Pete Sabori for the Government, CJA Attorney Alejandro Munoz for defendant, CJA Attorney Anthony Payson, II for material witnesses. Defendant is present and in custody. Spanish Interpreter Liliana Nido-Zawacki assists defendant. Hearing held 3:11 pm to 3:13 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC) [4:24-mj-11840-N/A-MAA] | |
| 14 | 14
STIPULATION and Joint Motion for Release of Material Witnesses Without Taking Video Deposition by Alexis Martinez, USA as to Alexis Martinez. (SVC) [4:24-mj-11840-N/A-MAA]
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| 15 | 15
ORDER granting Stipulation for Release of Material Witnesses14 as to Alexis Martinez. Signed by Magistrate Judge Michael A. Ambri on 11/27/2024. (SVC) [4:24-mj-11840-N/A-MAA]
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| Wednesday, December 04, 2024 | ||
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INDICTMENT as to Alexis Martinez (1) count(s) 1, 2-3, 4-5. Arraignment set for 12/27/2024 at 11:00 AM before Magistrate Judge Bruce G Macdonald.. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 2/4/2025; Plea Deadline: 1/17/2025.
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. (SCA)
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| 18 | 18
SEALED UNREDACTED INDICTMENT as to Alexis Martinez. (DLC)
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