Case 3:18-cr-00089-MMH-JRK Document 167 Filed 08/02/19 Page 1 of 3 PageID 652

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

UNITED STATES OF AMERICA

vs. CASE NO.: 3:18-cr-89-J-34JRK

REGINALD BROWN
________________________________/

DEFENDANT REGINALD BROWN’S MOTION

FOR ADDITIONAL PEREMPTORY CHALLENGES AND MEMORANDUM OF LAW

The Defendant, Reginald Brown, by and through the undersigned attorney, pursuant

to Rules 12(b) and 24 of the Federal Rules of Criminal Procedure and the Sixth

Amendment of the U.S. Constitution, respectfully moves this Honorable Court to allow Mr.

Brown additional peremptory challenges in the upcoming jury selection and further to

permit those challenges to be exercised separately from those permitted for the co-

defendant. As grounds for this motion, Defendant states as follows:

1. Reginald Brown and Katrina Brown are charged in a multi-count Indictment

returned May 23, 2018. Count One charges each with conspiracy to commit wire fraud in

violation of Section 18 U.S.C. §1349. Counts Two through Fourteen charge each with

substantive counts of mail fraud in violation of U.S.C. §1341 and 2. Counts Fifteen through

Twenty-seven charge each with substantive counts of wire fraud in violation of 18 U.S.C.

§1343 and §2. Counts Twenty-eight through Thirty-three charge each with substantive

counts of money laundering in violation of 18 U.S.C. §1957 and §2. Mr. Brown alone is

charged with a failure to file a 1040 tax form in Count Thirty-eight.

2. The essence of the wire fraud, mail fraud, and money laundering allegations
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is that Reginald Brown and Katrina Brown concocted a scheme to defraud certain lenders

of funds intended to finance a separate business venture of Katrina Brown and her

parents. The business venture was the production and distribution of a highly regarded

barbeque sauce, perfected by Katrina’s Brown’s father.

3. Both Mr. Brown and Ms. Brown are public figures. There has been extensive

pre-trial publicity of this case. Jury selection is scheduled to begin on August 14, 2019. Mr.

Brown has been and continues to be concerned that the largely negative pre-trial publicity

will make it difficult, if not impossible, to select a fair and impartial jury. This Court held a

hearing related to jury selection issues on June 24, 2019. Shortly after that hearing it

formally denied Mr. Brown’s motion for a written juror questionnaire. (Doc.129). It also set

July 26, 2019 as the date to file any motions for additional peremptory challenges.

4. On August 1, 2019, this Court granted co-defendant Katrina Brown’s motion

to represent herself. She is not a lawyer. She has not participated in selecting a jury in a

complex criminal case.

5. Under the changed circumstances, Mr. Brown moves the Court to permit him

10 peremptory challenges to be exercised separately and distinctly from Ms. Brown’s

challenges. He does not oppose the Court’s granting the United States additional

peremptory challenges.

MEMORANDUM OF LAW

The 6th Amendment of the United States Constitution provides in relevant part “the

accused shall enjoy the right to a speedy and public trial, by an impartial jury …”. Rule 24

of the Rules of Criminal Procedure provides guidance for selecting a fair and impartial jury.
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Ordinarily for a case of this nature, the defendant, or defendants jointly, would have

10 peremptory challenges. Rule 24(b)(2). However, Rule 24 also provides “the court may

allow additional peremptory challenges to multiple defendants, and allow those challenges

to be exercised separately or jointly.”

Mr. Brown’s position is the Court should have allowed additional peremptory

challenges in this case given its publicity even where the co-defendant is represented by

highly skilled and trained professionals. Now the codefendant has chosen to represent

herself. Mr. Brown should be not penalized for that decision.

WHEREFORE, the Defendant, Reginald Brown, for the above-mentioned reasons

respectfully moves this Honorable Court to grant this motion.

Respectfully submitted,

S:// Thomas M. Bell

THOMAS M. BELL, #0615692
301 West Bay Street, Suite 1460
Jacksonville, Florida 32202
Telephone (904) 354-0062
Telecopier (904) 353-1315
tbellesq@bellsouth.net
Attorney for Reginald Brown

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 2, 2019, I electronically filed the foregoing with
the clerk of the Court by using CM/ECF system which will send a notice of electronic filing
to A. Tysen Duva, AUSA, Michael Coolican, AUSA, John P. Leombruno, Esq., and Richard
Landes, Esq

S:// Thomas M. Bell

THOMAS M. BELL