USA v. Marshall
| Connecticut District Court | |
| Case #: | 3:22-cr-00228 |
| Case Filed: | Nov 15, 2022 |
| Last checked: Thursday Nov 17, 2022 2:27 AM EST |
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Defendant
David Marshall (1)
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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: 06/14/2023 6:00 PM EDT |
| Tuesday, October 25, 2022 | ||
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COMPLAINT Signed by Judge Robert M. Spector as to David Marshall (1). (Langello, Nicholas) [3:22-mj-00948-RMS]
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Att: 1
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Affidavit
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ELECTRONIC FILING ORDER FOR COUNSEL as to David Marshall - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER
Signed by Judge Robert M. Spector on 10/25/2022. (Langello, Nicholas) [3:22-mj-00948-RMS]
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| Wednesday, October 26, 2022 | ||
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ATTORNEY APPEARANCE Amanda S. Oakes appearing for USA (Oakes, Amanda) [3:22-mj-00948-RMS]
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| Monday, October 31, 2022 | ||
| Arrest of David Marshall in the District of Maine. (Langello, Nicholas) [3:22-mj-00948-RMS] | ||
| Tuesday, November 01, 2022 | ||
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USM Return of Service on Arrest Warrant executed as to David Marshall on 10/31/2022 (Krull, Angel) [3:22-mj-00948-RMS]
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Rule 5 Documents Received as to David Marshall (Langello, Nicholas) [3:22-mj-00948-RMS]
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SEALED CJA 23 Financial Affidavit by David Marshall (Langello, Nicholas) [3:22-mj-00948-RMS]
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| Thursday, November 03, 2022 | ||
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ATTORNEY APPEARANCE: Allison Kahl appearing for David Marshall (Kahl, Allison) [3:22-mj-00948-RMS]
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| Friday, November 04, 2022 | ||
| 9 | 9 NOTICE OF E-FILED CALENDAR as to David Marshall: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Probable Cause Hearing set for 11/9/2022 02:30 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Robert M. Spector (Langello, Nicholas) [3:22-mj-00948-RMS] | |
| Tuesday, November 08, 2022 | ||
| 10 | 10 NOTICE OF E-FILED CALENDAR as to David Marshall: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM Courtroom 4 . Probable Cause Hearing set for 11/9/2022 02:30 PM in Courtroom One, 141 Church St., New Haven, CT before Judge Robert M. Spector (Langello, Nicholas) [3:22-mj-00948-RMS] | |
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MOTION to Seal Probable Cause Hearing Exhibit 3 and Exhibit 4 by USA as to David Marshall. (Krull, Angel) [3:22-mj-00948-RMS]
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Sealed Document: Probable Cause Hearing Exhibit 3 by USA as to David Marshall re11 MOTION to Seal Probable Cause Hearing Exhibit 3 and Exhibit 4 - (Krull, Angel) [3:22-mj-00948-RMS]
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Sealed Document: Probable Cause Hearing Exhibit 4 by USA as to David Marshall re11 MOTION to Seal Probable Cause Hearing Exhibit 3 and Exhibit 4 - (Krull, Angel) [3:22-mj-00948-RMS]
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| Wednesday, November 09, 2022 | ||
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MOTION for Pretrial Detention by USA as to David Marshall. (Oakes, Amanda) [3:22-mj-00948-RMS]
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ORDER granting14 Motion for Pretrial Detention as to David Marshall (1). Signed by Judge Robert M. Spector on 11/09/2022. (Spector, Robert) [3:22-mj-00948-RMS]
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| 16 | 16 ORDER granting11 Motion to Seal as to David Marshall (1). For the compelling reasons articulated by the government in its motion to seal (Doc. No.11 ), the Clerk of the Court is directed to maintain Document Nos. 12 and 13 under seal until further Order of the Court. This sealing order complies with Loc. R. Crim. P. 57(b) in that it is based on a compelling need, which is to protect the identity of a victim and the extent of her medical condition, and is narrowly tailored, in that these injuries are detailed in the unsealed Complaint Affidavit in this case and will be the subject of testimony at the Probable Cause hearing scheduled for November 9, 2022 and November 15, 2022. Signed by Judge Robert M. Spector on 11/09/2022. (Spector, Robert) [3:22-mj-00948-RMS] | |
| 17 | 17 ORDER as to David Marshall re 10 Calendar Entry. The Court scheduled and attempted to hold a probable cause hearing in this case for today, November 9, 2022. At the start of the hearing, the Court asked the government to recite the charges in the complaint and the elements of those charges. The government did so, and the defendant did not object. The Court then asked the government to set forth the identity of the witnesses it intended to call and the exhibits it intended to offer at the hearing. The government did so, and the defendant set forth objections to the five offered exhibits. After the Court heard argument regarding three of the exhibits, it concluded that it needed more information and supporting memoranda to understand and resolve the objections. Prior to the start of the hearing, neither party submitted a memorandum detailing the appropriate legal standard the Court should apply, the elements of the offenses under consideration, and, most importantly, any objections that would be levied against the documentary exhibits being submitted. The Court simply does not have enough information or sufficient briefing to resolve the objections raised by the defendant. As a result, the Court continues the hearing to Tuesday, November 15, 2022, at 2:30pm. The Court directs the parties to submit a Joint Hearing Memorandum on or before November 14, 2022, at 2:00pm. That memorandum should detail the legal standard that the Court must apply at the probable cause hearing, the elements of each of the charged offenses, a witness and exhibit list, and the basis for any objections to the exhibits being offered as full exhibits. As the Court stated at today's hearing, since the defendant first appeared in Court on this case on November 1, 2022, he is entitled to a probable cause hearing to occur within 14 days of this initial appearance, as he is currently detained pending trial. Under Fed. R. Crim. P. 5.1(c), this time period starts to run from the date of the defendant's initial presentment. Thus, in the Court's view, a continuance of this hearing until November 15, 2022 at 2:30pm is still within the requisite 14 days. If defense counsel believes this 14-day time period expires on an earlier date, as she indicated at today's hearing, she should file a motion to hold the hearing on November 14, 2022 and set forth why the Court has not correctly calculated the time period. Signed by Judge Robert M. Spector on 11/09/2022. (Spector, Robert) [3:22-mj-00948-RMS] | |
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Minute Entry for proceedings held before Judge Robert M. Spector: Probable Cause Hearing as to David Marshall continued on 11/9/2022, Added attorney Lillian Odongo for David Marshall. 29 minutes (Court Reporter CourtSmart.)(Langello, Nicholas)[3:22-mj-00948-RMS]
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| 19 | 19 NOTICE OF E-FILED CALENDAR as to David Marshall: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Probable Cause Hearing set for 11/15/2022 02:30 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Robert M. Spector (Langello, Nicholas) [3:22-mj-00948-RMS] | |
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ORDER as to David Marshall pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No.116-182, 134 Stat. 894 (Oct. 21, 2020).
Signed by Judge Robert M. Spector on 11/9/2022. (Langello, Nicholas) [3:22-mj-00948-RMS]
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| Thursday, November 10, 2022 | ||
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ATTORNEY APPEARANCE: Lillian Odongo appearing for David Marshall (Odongo, Lillian) [3:22-mj-00948-RMS]
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| Monday, November 14, 2022 | ||
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NOTICE Preliminary Hearing Memorandum by USA as to David Marshall re 17 Order,,,,,,,,,, (Oakes, Amanda) [3:22-mj-00948-RMS]
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NOTICE of Preliminary Hearing Memorandum by David Marshall re 17 Order,,,,,,,,,, (Kahl, Allison) [3:22-mj-00948-RMS]
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| Tuesday, November 15, 2022 | ||
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INDICTMENT returned before Judge Robert M. Spector with the signature of the foreperson redacted. Grand jury number N-21-1 as to David Marshall (1) count(s) 1, 2, 3. (Langello, Nicholas)
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Unredacted document with FOREPERSON'S SIGNATURE regarding Indictment24 as to defendant(s) David Marshall. Access to the pdf document is restricted pursuant to Federal Rule of Criminal Procedure 49.1(e). (Langello, Nicholas)
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ELECTRONIC FILING ORDER FOR COUNSEL as to David Marshall - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER
Signed by Judge Sarala V. Nagala on 11/15/2022. (Langello, Nicholas)
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| 27 | 27 NOTICE OF E-FILED CALENDAR as to David Marshall: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Arraignment set for 11/15/2022 02:30 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Robert M. Spector (Langello, Nicholas) | |
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Minute Entry for proceedings held before Judge Robert M. Spector: Arraignment as to David Marshall (1) Count 1,2,3 held on 11/15/2022, Plea entered by David Marshall (1) Count 1,2,3. by David Marshall Not Guilty on counts 1 - 3, (Jury Selection set for 1/24/2023 09:30 AM in Courtroom One, 450 Main St., Hartford, CT before Judge Sarala V. Nagala) 13 minutes (Court Reporter CourtSmart.)(Langello, Nicholas)
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