DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. AUBREY FRETT Defendant. ) ) ) ) ) Criminal No. 2018-37 ) ) ) ) ) ATTORNEYS: Gretchen Shappert, United States Attorney Everard E. Potter, AUSA Nathan Brooks, AUSA United States Attorney’s Office St. Thomas, VI For the United States of America, Richard Coughlin, Federal Public Defender Kia Sears, AFPD Federal Public Defender Office St. Thomas, VI For Aubrey Frett. ORDER GÓMEZ, J. On June 17, 2019, the Court held a status conference with the parties. At that conference, the parties discussed the Government’s failure to disclose DNA-related evidence to Aubrey Frett (“Frett”) within the May 16, 2019, discovery deadline. As a consequence of the Government’s failure, Frett has moved to exclude all DNA-related evidence. Case: 3:18-cr-00037-RAM-RM Document #: 41 Filed: 06/17/19 Page 1 of 2 United States v. Frett Criminal No. 2018-37 Order Page 2 At Frett’s May 9, 2019, arraignment, the Magistrate Judge ordered discovery to be complete by May 16, 2019. Despite that order, the DNA laboratory report--dated November 16, 2018--was first disclosed to Frett’s counsel on June 7, 2019. Trial in this matter is currently set to commence June 24, 2019. The premises considered; it is hereby ORDERED that, no later than 9:00 a.m. on June 18, 2019, the parties shall each file a brief addressing the following issues: 1) Whether Frett has suffered prejudice because of the Government’s failure to disclose DNA-related evidence; and 2) Any appropriate remedies the Court should order in these circumstances. S\ Curtis V. Gómez District Judge Case: 3:18-cr-00037-RAM-RM Document #: 41 Filed: 06/17/19 Page 2 of 2