Case 1:19-cr-00099-DKW-KJM Document 345 Filed 08/31/21 Page 1 of 4 PageID #:

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JUDITH A. PHILIPS
Acting United States Attorney
District of Hawaii

MICHAEL NAMMAR
MICAH SMITH
MARK A. INCIONG CA BAR #163443
Assistant U.S. Attorneys
Room 6100, PJKK Federal Building
300 Ala Moana Boulevard
Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958
Email: Michael.nammar@usdoj.gov
Micah.Smith@usdoj.gov
Mark.Inciong@usdog.gov

Attorneys for Plaintiff

UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA, ) CR. NO. 19-00099-13 DKW

)
Plaintiff, ) GOVERNMENT’S RESPONSE TO
) DEFENDANT’S MOTION FOR
vs. ) DISCOVERY IN AID OF BAIL
) HEARING; CERTIFICATE OF
JASON K. YOKOYAMA, (13) ) SERVICE
)
Defendant. )
_______________________________)

GOVERNMENT’S RESPONSE TO DEFENDANT’S MOTION

FOR DISCOVERY IN AID OF BAIL HEARING
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COMES NOW, the plaintiff, United States of America, by and through its

counsel, Judith A. Philips, Acting United States Attorney, and Michael Nammar,

Micah Smith and Mark A. Inciong, Assistant United States Attorneys and,

pursuant to 18 U.S.C. §3145 (a)(1), hereby requests this Court to deny Defendant’s

motion for Jencks discovery in aid of bail hearing. Said request is supported by

the attached memorandum of points and authorities.

POINTS AND AUTHORITIES

Defendant Yokoyama requests Jencks material prior to the September 10,

2021 hearing scheduled for Defendant’s motion for reconsideration of the

Magistrate Court’s August 6, 2021 detention order. The defense has provided no

legal authority for such a disclosure and the United States is unaware of any in

existence.

In fact, the Federal Rules of Criminal Procedure do not require disclosure of

any witness statements until after the witness has testified on direct examination.

Fed. R. Crim. Proc. 26.2. Title 18 U.S.C. §3500 is even more specific, stating

that such statements shall not be subject to discovery “until said witness has

testified on direct examination in the trial of the case.”

The District Courts for the District of Hawaii have adopted those same

deadlines as part of their Local Rules. See CrimLR16(f). The longstanding

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local “custom” has been for the Government to agree to provide Jencks material

the Friday before trial. The United States will continue to follow that custom in

this case and, given the complex nature, will likely agree to provide Jencks

material significantly sooner than that. However, the Government will not agree

to provide such material prior to any bail hearing. Furthermore, the Government

has no plans to call any witnesses at the September 10, 2021 bail hearing. No

direct statements or quotes have been attributed to any witness in the

Government’s previous bail pleadings pertaining to Defendant Yokoyama nor does

the Government intend to do so in the future.

For all those reasons, Defendant’s motion should be denied.

DATED: August 31, 2021, at Honolulu, Hawaii.

JUDITH A. PHILIPS
Acting United States Attorney
District of Hawaii

/s/ Mark A. Inciong

By
MARK A. INCIONG
Assistant U.S. Attorney

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CERTIFICATE OF SERVICE

I hereby certify that, on the dates and by the methods of service noted below,

a true and correct copy of the foregoing was served on the following at their last

known addresses:

Served Electronically through CM/ECF:

William Harrison, Esq.

DATED: August 31, 2021, at Honolulu, Hawaii.

/s/ Dawn Aihara