Munson denies as moot reservist’s request to compel prosecution

Munson

The federal court yesterday denied as moot a reservist’s request to compel the U.S. government to produce, among other things, all evidence beyond what it had already provided to him.

U.S. District Court for the NMI Senior Judge Alex R. Munson said the court finds that the relief sought by defendant Jordan M. Jucutan’s motion has been achieved.

Munson said the parties in the case agree that the U.S. government has thus far complied with its obligations to produce all known exculpatory evidence as required under the law.

Munson said the U.S. government also acknowledges its ongoing duties to produce exculpatory evidence and that the parties have agreed to the timely production of other requested documents.

Jucutan, a teacher and a member of the U.S. Army Reserves, is facing charges that he stole referral bonuses from the U.S. Army Reserves totaling $9,000 by fraudulently claiming that he recruited five potential soldiers and claiming the cash incentives for himself.  He pleaded not guilty of the charges.

Jucutan, through court-appointed counsel Pamela Brown, recently filed a motion asking the court to compel the U.S. government to produce all exculpatory and impeachment evidence beyond what it had already provided to him.

Brown also moved to compel the prosecution to produce a list of expert and lay witnesses and to produce all documents, which the U.S. government intends to introduce at trial to prove Jucutan’s criminal culpability.

In the U.S. government’s response, the U.S. Attorney’s Office asserted that it had already produced all known exculpatory evidence and agreed to provide other exculpatory materials.

The prosecution also agreed to produce its witness list along with other materials two weeks prior to trial.

In denying defendant’s motion, Munson said at the hearing on Friday, Jucutan accepted the representations made by the prosecution that it had complied with its obligations to produce exculpatory evidence.

Munson said the defendant also agreed that it was reasonable for the U.S. government to produce its witness list two weeks prior to trial.

The judge said the defendant abandoned his request for the prosecution to produce all documents it intends to introduce at trial.

The jury trial will be on Feb. 16, 2016.

Jucutan is requesting to continue the trial based on the need for more time to investigate the case, consult with witnesses, and review documents in order to adequately prepare his defense.

An indictment charged Jucutan with theft of government property, five counts of aggravated identity theft, and nine counts of wire fraud.