United States v. Tarantino

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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Judge Joanna Seybert

A 2008 indictment charged Tarantino with the 1994 murders of Baumgardt and Dorval, conspiracy to commit the obstruction-of-justice murder of Gargiulo, and Gargiulo's murder in 2003. In May 2010 a jury convicted Tarantino of the Baumgardt and Dorval murders. After an April 2012 retrial, a jury convicted Tarantino on the indictment's remaining two counts. Tarantino is to be sentenced on April 24, 2013. His April 2 dismissal motion claimed the government withheld an FBI agent's testimony from the grand jury in 2005, and from the defense in 2006, in violation of the Jencks Act. The court denied dismissal, finding Tarantino's withholding claim wholly fabricated and without merit. Denying the government's motion that Tarantino return §3500 material, the court granted Tarantino's motion to amend its prior Dec. 13, 2010, order so as to allow retention of §3500 material until the appellate process is completed. Citing United States v. Basciano the court found it "not irregular for courts to provide access to sensitive discovery materials through appeals." To the extent Tarantino has any §3500 materials in his personal possession he was directed to provide them to defense counsel, who alone may retain such material.

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