United States District Court, E.D. New York
the Government: Bridget M Rohde Acting United States Attorney
By: Artie McConnell, A.U.S.A. Saritha Komatireddy, AUSA.
Elvis Redzepagic: Federal Defenders of New York, Inc. By:
LaKeytria W. Felder, AFD Mildred M. Whalen, AFD.
MEMORANDUM & ORDER
R. Hurley United States District Judge.
purpose of this memorandum is to address defendant's
motion to quash a grand jury subpoena addressed to Sabina
Redzepagic, defendant's mother.
following background is taken from defendant's
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.
Redzepagic has now been granted immunity from prosecution for
her grand jury testimony and has been subpoenaed to
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.]