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E-FILED
Wednesday, 03 December, 2014 04:11:39 AM
Clerk, U.S. District Court, ILCD
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3:12-cr-30098-RM-TSH # 108
2.
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Government highlights two meetings between Dr. Dingle and Dr. Whitaker.
Both of the highlighted meetings related to the same $40,000 grant from
which a $25,000 sponsorship was made to the National Medical Fellowship to
fund multiple medical scholarships to minority students.
5.
3:12-cr-30098-RM-TSH # 108
6.
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has not established, either through the evidence presented at trial or the
declarations contained in its motion, that Dr. Whitaker is a witness
identified with an adverse party.
8.
Committee on the Judiciary noted that the deletion of the reference to civil
cases from Rule 611(c) was made to reflect the possibility that in criminal
cases a defendant may be entitled to call witnesses identified with the
government, in which event ... the defendant should be permitted to inquire
with leading questions. H.R.Rep. No. 650, 93d Cong., 2d Sess., reprinted in
1974 U.S.Code Cong. & Admin.News 7051, 7075, 7086. In criminal matters,
witnesses identified with an adverse party applies in the event that the
defense requests to use leading questions in direct examination of a law
enforcement official or other investigating agent in an action brought by the
government against criminal defendants. United States v. Bryant, 461 F.2d
912, 917 (6th Cir. 1972).
3:12-cr-30098-RM-TSH # 108
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merely because he was the Director of the department that awarded grants
and, on occasion, met with Dr. Dingle in relation to the grant programs.
There has been no evidence or suggestion that Dr. Dingle and Dr. Whitaker
had any resemblance of a relationship outside that involving grant programs
from 2005-2007. There has certainly been no evidence of any close and
personal friendship between Dr. Dingle and Dr. Whitaker from 2008 to the
present.
11.
having some version of a relationship with Dr. Dingle while working with
him on the grant programs. The Government did not similarly seek to use
leading questions during the direct examination of any other witness based
simply on the fact that the witness had a relationship with Dr. Dingle at
some point in time.
12.
does not establish that a witness is identified with a party adverse to the
Government to the extent permitted and intended under Rule 611(c).
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3:12-cr-30098-RM-TSH # 108
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courtesy, defense counsel presented the Affidavit to the Court and made it
available to the Government on October 1, 2014. A courtesy between
attorneys does not establish any sort of alignment between the respective
parties, and certainly does not establish that Dr. Whitaker should now be
considered a witness hostile to the Government.
16.
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his client will appear to testify, if called, and that he will answer all questions
the Government may ask. The existence of a cooperation agreement between
the Government and its witnesses, or any claim that a witness has failed to
cooperate as the Government requested, does not compel any Court to find
that a witness is hostile. That sort of premise would permit prosecutors and
law enforcement to threaten cooperating witnesses with similar arguments,
should the witness not provide the answers or information requested. That is
precisely the reason why it is within the Courts discretion to observe the
witness and make an independent determination of hostility or lack thereof.
WHEREFORE, the defendant, Leon Dingle Jr., respectfully requests
that this Honorable Court deny the Governments motion to use leading
questions on direct examination of Dr. Whitaker, premature of Dr.
Whitakers testimony and this Courts independent determination of the
same.
Respectfully submitted,
/s Blaire C. Dalton
An Attorney for Leon Dingle, Jr.
3:12-cr-30098-RM-TSH # 108
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Edward M. Genson
Blaire C. Dalton
LAW OFFICES OF EDWARD M. GENSON
53 West Jackson Boulevard, Ste. 1420
Chicago, IL 60604
(312) 726-9015
3:12-cr-30098-RM-TSH # 108
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CERTIFICATE OF SERVICE
I, Blaire C. Dalton, an attorney for Defendant, hereby certify that on
this, the 3rd day of December, 2014, I filed the above-described document on
the CM-ECF system of the United States District Court for the Central
District of Illinois, which constitutes service of the same.
Respectfully submitted,
/s
Blaire C. Dalton