![]() Under the Federal Rules of Criminal Procedure, a proper indictment is “a plain, concise, and definite written statement of the essential facts constituting the offense charged.” Fed. In general, a bill of particulars is used to supplement an indictment. to attempt to corruptly persuade another person with the intent to influence and prevent the testimony of, and the acts by which such ‘other persons’ contributed to such conspiracy.” (Id. at 1, ¶¶ 4–5.) Additionally, with regard to Count Three, Defendant requests the “identity of ‘other persons whose identities are known’ to the Grand Jury, who are alleged to have conspired with defendants. at 1, ¶¶ 2– 3.) With respect to Count Three, Defendant requests that he be provided with the alleged “acts of each co -conspirator by which the same attempted to corruptly persuade another person with the intent to influence and prevent the testimony of” th e minor victim, and the “identity of person(s) who the alleged co -conspirator’s attempted to corruptly persuade with the intent to influence and prevent the testimony of” the minor victim. attempted to corruptly persuade with the intent to influence and prevent the testimony of. at 1, ¶ 1.) As to Count Two, Defendant requests that he be provided with the specific acts by which he allegedly “attempted to corruptly persuade another person with the intent to influence and prevent the testimony” of the minor victim, and he requests the “identity of the person(s) who. 63.) Specifically, with respect to Count One, Defendant requests to know what the specific acts are by which he allegedly “attem pted to obstruct and/or interfere with and prevent the enforcement of 18 U.S.C. DEFENDANT TERRY BLANKENSHIP’S MOTION FOR BILL OF PARTICULARSĭefendant Terry Blankenship filed a motion for a bill of particulars under Federal Rules of Criminal Procedure 7(f). 70.) At a pretrial motions hearing held on December 14, 2023, the Court heard arguments from the parties. 67.) The United States responded to all of Defendants’ motions on December 8, 2023. 63.) On December 4, 2023, Defendants filed the remaining motions. On December 1, 2023, Defendant Terry Blankenship filed the motion for bill of particulars. (Id.) This is the second superseding indictment brought against Defendant Terry Blankenship and the first brought against Defendant Laurel Blankenship. 45.) The indictment charged Defendant Laurel Blankenship with conspiracy to commit offenses against the United States in violation of 18 U.S.C. § 1512(b)(1) and, conspiracy to commit offenses against the United States in violation of 18 U.S.C. § 1591(d) attempt to corruptly persuade another person with the intent to influence and prevent the testimony of a minor victim in an official proceeding, in violation of 18 U.S.C. BACKGROUND On October 17, 2023, a federal grand jury returned a three-count indictment charging Defendant Terry Leon Blankenship with attempt to obstruct and, in any way, interfere with and prevent the enforcement of 18 US.C. Further, the Court DENIES AS MOOT the Amended Motion to Exclude Evidence of Defendant’s Prior Conviction, (ECF No. 63), and the Motion to Sever Defendant, (ECF No. For the reasons set forth below, the Court DENIES the Motion for Bill of Particulars, (ECF No. The Court held a pretrial motions hearing in this case on December 14, 2023. 66), and Motion to Sever Defendant as to Laurel Blankenship, (ECF No. 64), Motion in Limine as to Laurel Blankenship, (ECF No. 63), Amended Motion to Exclude Evidence of Defendant’s Prior Conviction as to Terry Leon Blankenship, (ECF No. MEMORANDUM OPINION AND ORDER Pending before the Court are the following pretrial motions, all filed by Defendants Terry Leon Blankenship and Laurel Blankenship (collectively “Defendants”) : Motion for Bill of Particulars as to Terry Leon Blankenship, (ECF No. 1:23-cr-00097 TERRY LEON BLANKENSHIP, and, LAUREL BLANKENSHIP, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION
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