United States v. Hayes

4:20-cr-02219 | D. Ariz. | Sep 7, 2021

Case 4:20-cr-02219-RM-DTF Document 129 Filed 09/07/21 Page 1 of 2 WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, No. CR-20-02219-003-TUC-RM (DTF) Plaintiff, ORDER v. John Tibor Vigh,

Defendant. Defendant John Tibor Vigh—who is charged by indictment with transportation of undocumented aliens and conspiracy to transport undocumented aliens in violation of 8 U.S.C. § 1324 (Doc. 8)—has moved to sever his trial from that of his co-defendant Jacarah Gonzalez. (Doc. 92.) Defendant argues in the Motion to Sever that the indictment’s allegations against him rest largely on Jacarah Gonzalez’s out-of-court confession, which is inadmissible against Vigh. ( Id. at 1-3.)

The Government filed a Response, stating that it does not oppose a severance in the event it elects to introduce Jacarah Gonzalez’s complete, unredacted out-of-court statements at trial against her. (Doc. 106 at 2.) However, the Government reserves the right to object to a severance if it decides not to introduce Gonazalez’s statements or if it redacts them to comply with Bruton v. United States , 391 U.S. 123" date_filed="1968-06-17" court="SCOTUS" case_name="Bruton v. United States">391 U.S. 123 (1968). ( Id. at 2-3.) . . . . . . . . . . . . Case 4:20-cr-02219-RM-DTF Document 129 Filed 09/07/21 Page 2 of 2

To assist the Court in resolving Defendant’s Motion to Sever, the Court will order the Government to file proposed redactions of any out-of-court statements by Jacarah Gonzalez that the Government may elect to introduce at trial.
IT IS ORDERED that Defendant’s Motion to Sever (Doc. 92) is taken under advisement . IT IS FURTHER ORDERED that, within fourteen (14) days of the date this Order is filed, the Government shall file proposed redactions of any out-of-court statements by Jacarah Gonzalez that the Government may elect to introduce at trial.
IT IS FURTHER ORDERED that, within seven (7) days of service of the Government’s proposed redactions, Defendant shall file a Response stating whether the proposed redactions resolve the concerns raised in his Motion for Severance.
Dated this 3rd day of September, 2021. - 2 -