You are on page 1of 1

UNITED STATES DISTRICT COURT

ftZL
UNITED STATES OF AMERICA,
ORDER
v.
14CR440(VB)
THOMAS LIBOUS,
Defendant.
x
Defendants motion for a bill of particulars is DENIED without prejudice.
The motion is premature. The purpose of a bill of particulars is to ensure the defendant is
sufficiently informed of the charges against him, thereby enabling him to prepare a defense,
avoid surprise, and interpose a plea of double jeopardy should he be prosecuted a second time for
the same offense. The government is expected in the near future to produce discovery in
accordance with Rule 16. In addition, as is the practice in this district, government counsel is
encouraged to make an informal proffer to defense counsel regarding the governments
contentions in this case. It may well be that through discovery and an informal proffer,
defendant will receive the information he seeks in the bill of particulars.
Although the Court does not presume to tell defense counsel how to defend this case, it
might be more efficient to review the discovery produced by the government and then make an
informal written discovery demand for the information to which counsel believes defendant is
entitled but has not yet received.
At the next pretrial conference on September 3, 2014, defense counsel will be expected to
advise the Court whether defendant intends to move for a bill of particulars or to make any other
pretrial motions. If defendant does intend to make motions, the Court will set dates for the filing
and briefing thereof.
The Clerk is instructed to terminate the motion. (Doc. #11).
Dated: July 16, 2014
White Plains, NY
SO ORDERED:
Vincent L. Briccetti
United States District Judge
Case 7:14-cr-00440-VB Document 16 Filed 07/16/14 Page 1 of 1

You might also like