Brass, just gotta be brass.
As more fully set forth herein, defendant respectfully requests that the court reconsider its order denying the defendant’s motion to recuse, forthwith hold an evidentiary hearing, and issue more specific findings of fact and conclusions of law in order to properly comply with Fed.R.Crim.P. 12(d).
Proposed Memorandum in Support of Motion for Reconsideration and Renewed Request for Evidentiary Hearing here
Undersigned counsel had no notice that the status conference scheduled for June 6, 2008 would be anything other than a status conference preparatory to the evidentiary hearing scheduled for June 19, 2008. Without any notice to defense counsel, the court turned the status conference into a formal court hearing wherein the court ruled on the motion to recuse and request for evidentiary hearing.
Subsequently, the court issued its Order and Reasons entered on July 9, 2008 denying the defendant’s motion to recuse and request for evidentiary hearing (hereinafter the “Order and Reasons”). See R. Doc. 117. The defendant respectfully suggests that the Order and Reasons are inadequate and deficient in that Fed.R.Crim.P. 12(d) requires that the court state its essential findings on the record. As more fully set forth below, the court failed to review and summarize the evidence, identify and address the hotly contested factual issues, and resolve them on the record as required by law.
Dear Mr. Griffin:
As per our recent conversation, it is my understanding that your client, James Perdigao, is interested in speaking with the appropriate investigative agency regarding further allegations against law enforcement officials in the Eastern District of Louisiana. Mr. Perdigao’s initial allegations, all supporting documentation, and your most recent letter have all been forwarded to that agency for its review. I have also requested that someone contact you to discuss the matter in detail. However, any information you have regarding threats to Mr. Perdigao’s safety should be directed to the local authorities in your area.
Very truly yours,
Public Integrity Section