Day At The Track

Superseding Indictments could be coming

07:00 PM 02 Jul 2020 NZST
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Since the indictment of more than two dozen thoroughbred and harness racing trainers, assistants, veterinarians, and pharmacists in connection with a horse doping ring this March, rumors have swirled that more names could be forthcoming in connection with the federal investigation. Speaking at a status conference for the case on Tuesday morning, Assistant U.S. Attorney Andrew Adams told U.S. District Judge Judge Mary Kay Vyskocil that a superseding indictment could be around the corner, but did not provide details as to the timing.

“We are looking seriously at superseding indictments,” said Adams. “For the moment, and I made this point at least to some defense counsel previously, the nature of what we're looking at is largely in the same kind of criminal conduct as what is in the current indictment. We're looking at expanding timeframes for certain of the conspiracies. We're looking at potentially adding different statutory charges with respect to certain of the defendants. What I do not anticipate for the moment is that those superseding indictments, if and when they come, would require the production of some substantial large set of materials not already produced to date or already in the queue of things we expect to produce.”

A superseding indictment is one which replaces an existing indictment, and could add charges against already-named defendants and/or could name new defendants.

Vyskocil reminded Adams that the court would not hold things up while the government finishes its investigation. Adams said he understood and that he would not ask to hold up the proceedings for that reason.

The charges on the current indictments, which names former top trainers Jorge Navarro and Jason Servis, among others, focus on drug adulteration, misbranding, and conspiracy. The indictments claim a network of horsemen, veterinarians and pharmacy reps sold, distributed and used drugs in racehorses for the purpose of performance enhancement.

Other than a potential superseding indictment, there are not likely to be many updates in the case until late fall. Currently, attorneys are going through the discovery process, meaning each side is requesting and providing requested evidence in the case. Adams said he believes his office will be able to provide the last of the discovery material requested by defendants by the end of September.

Already, the office has provided some 90 gigabytes' worth of data to all defendants in three different volumes, and has fielded 20 additional individual requests. That data includes the results of 30 different search warrants, intercepted phone calls and text messages, geolocation information for various devices, email accounts, file transfer accounts, inventory lists, shipping records, veterinary records, drug promotional and marketing material, and much more. The Federal Bureau of Investigation is still extracting data from devices like cell phones and tablets seized from defendants at the time of their arrests.

Adams mentioned that labs inside and outside the United States had been asked to conduct testing on samples related to the case, although it was not immediately clear whether that referred to samples of substances seized in searches of pharmacies or biological samples from horses, or both. Those results were not all known to the federal government as of yet, and some defense attorneys expressed a desire to work out some sort of split sampling process where possible, acknowledging there was a finite amount of some samples available to test.

After the government produces requested evidence, it is sent to a coordinating discovery attorney for organization and distribution. One defense attorney pointed out that it generally takes the coordinating discovery attorney roughly a month to process large document releases before they are given over to defense counsel, so a late September target for discovery completion means they will get a look at the last of the evidence in early November.

Vyskocil scheduled a status conference for Nov. 19. Most participants on the call agreed it would be impractical to set a trial date or motion schedule until the defense has seen all the government's evidence against their clients.

Read more about the federal indictments in this March 9 piece from the Paulick Report.

By Natalia Ross

Reprinted with permission of The Paulick Report

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