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United States v. Redzepagic

United States District Court, E.D. New York

June 30, 2017

UNITED STATES OF AMERICA
v.
ELVIS REDZEPAGIC, Defendant.

          For the Government: Bridget M Rohde Acting United States Attorney By: Artie McConnell, A.U.S.A. Saritha Komatireddy, AUSA.

          For Elvis Redzepagic: Federal Defenders of New York, Inc. By: LaKeytria W. Felder, AFD Mildred M. Whalen, AFD.

          MEMORANDUM & ORDER

          Denis R. Hurley United States District Judge.

         The purpose of this memorandum is to address defendant's motion to quash a grand jury subpoena addressed to Sabina Redzepagic, defendant's mother.

         Background

         The following background is taken from defendant's application.

         During the course of questioning by the government in early February 2017, defendant gave the government permission to access and search his Facebook account, cellular phones and laptop. Several days later, Sabina Redzepagic met with government agents and gave them permission to access and search her email and Skype addresses. Defendant was arrested on March 3, 2017. On or about March 6, 2017, Sabina Redzepagic was served with a grand jury subpoena for testimony and documents; she supplied the documents but asserted her Fifth Amendment privilege not to testify. Defendant was indicted on April 26, 2017 on two counts of Attempt to Provide Material Support to a Foreign Terrorist organization.

         Sabina Redzepagic has now been granted immunity from prosecution for her grand jury testimony and has been subpoenaed to appear.[1]

         Defendant's Position

         Relying upon the proposition that “it is improper for the government to ‘utilize a Grand Jury for the sole or dominating purpose of preparing an already pending indictment for trial'” Defendant requests that “the Court order the government to provide an ex parte submission to the court outlining the nature and breadth of the Government's continued grand jury investigation into this case . . . .” [DE 31 at p.2.] As explained by the defense, the reason for this request is as follows:

The government, through discovery, has provided defense counsel with the contents of the devices and social media accounts [defendant] and his mother voluntarily provided to the government. These devices and accounts memorialize numerous conversations between [defendant] and his mother, or [defendant] and others concerning his conversation and dealings with his mother.
We believe that the purpose of the government in calling Sabina Redzepagic to the grand jury is to have her explain, under oath, the nature, circumstances, and scheduling of trips in 2015 and 2016, as detailed in the records she previously provided in response to a grand jury subpoena. We further believe that she is being called to explain, under oath, the nature and circumstances of the conversations memorialized on social media detailed in the devices and accounts previously provided to the government. If this is the government's purpose in calling Sabina Redzepagic to the grand jury, it is clearly trial preparation and outside the scope of the grand jury proceedings.

[Id. at pp. 2-3.]

         The ...


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