USA v. Brodignon-Gutierrez
| Arizona District Court | |
| Case #: | 4:25-cr-01900 |
| Case Filed: | Apr 17, 2025 |
| Last checked: Sunday Apr 20, 2025 12:16 AM MST |
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Defendant
Kenal Darwin Brodignon-Gutierrez (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: 04/20/2025 1:23 AM MST |
| Wednesday, April 02, 2025 | ||
| Arrest of Kenal Darwin Brodignon-Gutierrez on 4/2/2025. (SGG) [4:25-mj-05887-N/A-JR] | ||
| Thursday, April 03, 2025 | ||
| 1 | 1
COMPLAINT as to Kenal Darwin Brodignon-Gutierrez. (SGG) [4:25-mj-05887-N/A-JR]
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| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Kenal Darwin Brodignon-Gutierrez signed by Magistrate Judge Lynnette C Kimmins. (SGG) [4:25-mj-05887-N/A-JR]
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| Friday, April 04, 2025 | ||
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance for Material Witness in case as to Kenal Darwin Brodignon-Gutierrez held on 4/4/2025. Material Witness(es) are present and in custody. Saul Huerta 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. Material Witness(es) present and state true name to be the following: Magdaleno Calyecatl-Gonzalez and Isaias Castro-Peralta. Appearances : AUSA Branden Kartchner (duty) for the Government, CJA Attorney Saul Huerta 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 1:26 PM to 1:35 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:25-mj-05887-N/A-JR] | |
| 4 | 4 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance as to Kenal Darwin Brodignon-Gutierrez held on 4/4/2025. 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. Interpreter required for Kenal Darwin Brodignon-Gutierrez (1) Spanish. An attorney is appointed to represent the defendant. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Branden Kartchner (duty) for the Government, AFPD Ryan Moore specially appearing for defendant. Defendant is present and in custody. Spanish Interpreter Tania Sadler assists defendant. Detention Hearing set for 4/8/2025 at 10:30 AM before Magistrate Judge Eric J Markovich. Preliminary Hearing set for 4/8/2025 at 10:30 AM before Magistrate Judge Eric J Markovich. Hearing held 2:16 PM to 3:01 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:25-mj-05887-N/A-JR] | |
| 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 Lynnette C Kimmins.(JAM)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:25-mj-05887-N/A-JR] | |
| 7 | 7 MINUTE ORDER: Added attorney Timothy Davis Rogers for Kenal Darwin Brodignon-Gutierrez. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (VSB) [4:25-mj-05887-N/A-JR] | |
| Tuesday, April 08, 2025 | ||
| 8 | 8 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Detention Hearing as to Kenal Darwin Brodignon-Gutierrez held on 4/8/2025. Defendant ordered detained pending trial. Preliminary Hearing as to defendant waived on 4/8/2025. Finding: Defendant held to answer before District Court. Appearances : AUSA David P Savel, attorney on duty for the Government, AFPD Guenevere Dawn Nelson-Melby for Timothy Davis Rogers for defendant. Defendant is present and in custody. Spanish Interpreter Lucinda Bush/Tania Sadler assists defendant. Hearing held 10:49 AM to 11:01 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) [4:25-mj-05887-N/A-JR] | |
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ORDER OF DETENTION as to Kenal Darwin Brodignon-Gutierrez. Signed by Magistrate Judge Eric J Markovich on 4/8/2025. (SCA) [4:25-mj-05887-N/A-JR]
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| Thursday, April 17, 2025 | ||
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INFORMATION - Felony as to Kenal Darwin Brodignon-Gutierrez (1) count(s) 1, 2. (DLV)
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| 11 | 11
WAIVER OF INDICTMENT by Kenal Darwin Brodignon-Gutierrez. (DLV)
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