“Defendant has moved for an adjournment or dismissal based on claimed discovery violations, and also seeks to adjourn the start of trial by 90 days because of the production since March 4, 2024 of approximately 73,000 pages of records by the United States Attorney’s Office. These records were produced in response to defendant’s January 18, 2024 subpoena to that office. The People’s opposition to defendant’s motion is currently due tomorrow, March 15. The People’s opposition will set out in detail our full compliance with Article 245 throughout the discovery process in this case.”
“We submit this notice in advance of that opposition to advise the Court of additional developments yesterday, after defendant filed his motion and after the People submitted our one- page letter response. Specifically, yesterday the USAO produced approximately 31,000 pages of additional records and represented that there will be another production of documents by next week.”
“Based on our initial review of yesterday’s production, those records appear to contain materials related to the subject matter of this case, including materials that the People requested from the USAO more than a year ago and that the USAO previously declined to provide. These developments do not affect the People’s compliance with all obligations under Article 245 and certainly do not warrant dismissal, and the People are ready for trial on March 25. Nonetheless, in light of the distinctive circumstances described below, the People do not oppose a brief adjournment of up to 30 days to permit sufficient time for defendant to review the USAO productions,” writes Manhattan District Attorney Alvin Bragg in a Thursday filing to Judge Juan Merchan, before going on about 157 pages of relevant testimony that SDNY dragged their asses on producing to both sides.
Bragg notes that “the timing of the current production of additional materials from the USAO is a function of defendant’s own delay,” but of course this is going to be spun as a win by the fat defendant and his fanboys as “exonerating” and “the case has collapsed” and blah blah blah.