to determine "with the benefit of trial evidence whether there
was a sufficient nexus between the immunized testimony and the
federal prosecution to warrant a hearing").
The court will conduct a Kastigar hearing, if necessary,
after the trial.
Bellomo's motion for a pretrial evidentiary hearing will be
V. Motions for Discovery
Defendants Volpe, Schwarz, Bruder, and Bellomo seek an order
compelling the production of various items of discovery.
(i) Volpe's Motion
Volpe makes various requests for discovery pursuant to Rule 16
of the Federal Rules of Criminal Procedure. In the absence of
specific refutation, the court accepts the government's
representations that it has already complied with the
requirements of Rule 16, and that in the event expert witnesses
are to be called at trial, the government will provide in a
timely fashion all relevant information as required by Rule 16.
In addition, Volpe requests identifying information on
witnesses whom the government does not intend to call for trial.
The government is not required to identify individuals it will
not call as trial witnesses. See United States v. Canty,
971 F. Supp. 687, 692 (N.D.N.Y. 1997).
Volpe's other discovery requests are addressed below under
(ii) Schwarz and Bruder's Motions
The court accepts the government's representations that it has
already provided to defendants Schwarz and Bruder the material
they request in connection with Count 13 of the superseding
Defendants' request unredacted telephone records for the time
periods referred to in the indictment. The government asserts
that none were provided in redacted form. There are thus no
records for the court to rule on.
(iii) Bellomo's Motion
Bellomo seeks the tape recording of his interview on August 13,
1997 with the Internal Affairs Bureau, an interview that was the
subject of his motion for a Kastigar hearing. He makes his
request under The Federal Rules of Criminal Procedure
16(a)(1)(A), relating to defendant's statements, which provides
in pertinent part:
Upon request of a defendant the government must
disclose to the defendant and make available for
inspection, copying, or photographing: any relevant
written or recorded statements made by the defendant,
or copies thereof, within the possession, custody, or
control of the government, the existence of which is
known, or by the exercise of due diligence may be
come known, to the attorney for the government; [and]
that portion of any written record containing the
substance of any relevant oral statement made by the
defendant whether before or after arrest in response
to interrogation by any person then known to the
defendant to be a government agent. . . .