DOJ-OGR-00002920.pdf

--- Page 1 --- **Document Header** * Case 1:20-cr-00330-PAE * Document 199 * Filed 04/09/21 * Page 8 of 8 **Page Content** Page 8 it." Id. (internal quotation marks omitted). Accordingly, in this Circuit, District Courts regularly accept the Government's proffer regarding its evidence when considering a bail application. And here, of course, the Court has not only the Government's proffer but also the grand jury's determination that probable cause exists as to each of the charged offenses. Defense counsel's request to deviate from that ordinary practice appears to be a thinly veiled attempt at a fishing expedition through which the defense hopes to obtain early Jencks Act material and a pretrial opportunity to cross-examine the Government's witnesses, including victims of sexual abuse. It is to avoid such a fishing expedition, among other reasons, that courts thin v. Circuit proceed by proffer when considering bail motions. See United States v. Martir, 782 F.2d 1141, 1145 (2d Cir. 1986) ("a detention hearing is not to serve as a mini-trial . . . or as a discovery tool for the defendant"). The S2 Indictment offers no reason to deviate from that practice. For the reasons above, the Government respectfully submits that trial can and should proceed as scheduled on July 12, 2021. Accordingly, the Government respectfully requests that the in-person arraignment on the S2 Indictment also serve as a conference at which to finalize a schedule for supplemental pretrial motion briefing as well as a schedule for trial-related submissions. **Respectfully submitted** AUDREY STRAUSS United States Attorney By: Maurene Comey / Alison Moe Lara Pomerantz / Andrew Rohrbach Assistant United States Attorneys Southern District of New York Tel: (212) 637-2324 **Cc: All Counsel of Record (By ECF)** **Footer** DOJ-OGR-00002920