USA v. Thomas et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 UNITED STATES OF AMERICA, 5 5 Plaintiff, 5 2008-CR-0020-03 v. 5 5 OKIMO MILLIGAN, 5 5 Defendant. 5 __________________________________________5 TO: Alphonso G. Andrews, Jr., Esq., AUSA Eric S. Chancellor, Esq. ORDER REGARDING MOTION TO SEVER THIS MATTER came before the Court upon Defendant Okimo Milligan’s Motion to Sever Defendants [sic] (Docket No. 72). A hearing was held January 26, 2009. The government was represented by Alphonso G. Andrews, Jr., Esq., AUSA. Jeffrey B.C. Moorhead, Esq., appeared on behalf of Defendant Amon Thomas; Michael A. Joseph, Esq., appeared on behalf of Defendant Nathaniel Thomas; Eric S. Chancellor, Esq., appeared on behalf of Defendant Okimo Milligan; and, Thurston McKelvin, Esq., FPD, appeared on behalf of Andrea Soto. Defendant Okimo Milligan seeks to sever his trial from the trial of his three co- defendants in this matter. Said Defendant bases his motion upon the fact that certain Case: 1:08-cr-00020-RLF-GWC Document #: 79 Filed: 01/26/09 Page 1 of 2 United States v. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://www.govinfo.gov/content/pkg/USCOURTS-vid-1_08-cr-00020/pdf/USCOURTS-vid-1_08-cr-00020-2.pdf
SHA-256 52c7ae3faffc8575a8823b2976c5b8abf00e58c08855a726c4d1cf390563450d
Re-using this document
two independent grounds: a work of the United States Government under 17 USC 105, AND a judicial opinion, which is an edict of government and uncopyrightable by anyone including the court that wrote it
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-52c7ae3faffc
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 UNITED STATES OF AMERICA, 5 5 Plaintiff, 5 2008-CR-0020-03 v. 5 5 OKIMO MILLIGAN, 5 5 Defendant. 5 __________________________________________5 TO: Alphonso G. Andrews, Jr., Esq., AUSA Eric S. Chancellor, Esq. ORDER REGARDING MOTION TO SEVER THIS MATTER came before the Court upon Defendant Okimo Milligan’s Motion to Sever Defendants [sic] (Docket No. 72). A hearing was held January 26, 2009. The government was represented by Alphonso G. Andrews, Jr., Esq., AUSA. Jeffrey B.C. Moorhead, Esq., appeared on behalf of Defendant Amon Thomas; Michael A. Joseph, Esq., appeared on behalf of Defendant Nathaniel Thomas; Eric S. Chancellor, Esq., appeared on behalf of Defendant Okimo Milligan; and, Thurston McKelvin, Esq., FPD, appeared on behalf of Andrea Soto. Defendant Okimo Milligan seeks to sever his trial from the trial of his three co- defendants in this matter. Said Defendant bases his motion upon the fact that certain Case: 1:08-cr-00020-RLF-GWC Document #: 79 Filed: 01/26/09 Page 1 of 2 United States v. Milligan 2008-CR-0020-03 Order Regarding Motion to Sever allegedly inculpatory statements were made by two (2) of the said co-defendants and that at a joint trial where said co-defendants do not testify, said Defendant would be unable to cross-examine them, thus violating his constitutional right to confront a witness. Having heard the arguments of the parties and considering all the evidence before it, the Court finds that said Defendant’s motion is premature. There has been no showing that the statements at issue will be offered into evidence at trial. In addition, said Defendant has not revealed the nature of his defense to the charges against him nor has he demonstrated how the particular statements are inculpatory. Consequently, the Court will deny said Defendant’s motion at this juncture and allow the trial judge to make any necessary evidentiary or other rulings at the appropriate time. Now therefore, it is hereby ORDERED that Defendant Okimo Milligan’s Motion to Sever Defendants [sic] (Docket No. 72) is DENIED WITHOUT PREJUDICE. ENTER: Dated: January 26, 2009 /s/ George W. Cannon, Jr. GEORGE W. CANNON, JR. U.S. MAGISTRATE JUDGE Case: 1:08-cr-00020-RLF-GWC Document #: 79 Filed: 01/26/09 Page 2 of 2