01/29/2010 74 MOTION to Suppress Defendant's SEC Deposition by Darryl Horton. (Waldrop, Thomas) Modified on 1/29/2010 to update text re title of pleading (alc). (Entered: 01/29/2010)
Doc 74 PDF file
viewer.zoho.com
PRELIMINARY MOTION TO SUPPRESS DEFENDANT’S SEC DEPOSITION
COMES NOW, DARRYL HORTON, through undersigned counsel, and
moves the Court to enter an Order to suppress statements he made
during his SEC deposition and in support thereof shows as follows:
1.
Defendant has been indicted with two others in a multi-count
indictment alleging that he and two codefendants conspired with
each other to commit securities fraud. The indictment also alleges
that the men also committed a substantive scheme to commit
securities fraud and also engaged in wire fraud to advance the
scheme.
2.
Like Mr. Harris, Mr. Horton was the subject of an SEC
investigation and was deposed pursuant to a subpoena issued by the
SEC. It does not appear based on current information that Mr.
Horton was warned by Government counsel of his right not to
incriminate himself.
3.
It is believed that admissions made by Mr. Horton will be
introduced into evidence by the Government at Mr. Horton’s trial.
Since the SEC is a law enforcement agency which began the
investigation which led to the instant federal prosecution, Mr.
Horton’s statements should not be admitted against him since he did
not waive his privilege against self incrimination in a knowing and
intelligent manner. In short, the introduction of his statements
would violate the Fifth Amendment.
WHEREFORE, Darryl Horton respectfully requests that this Court
conduct an evidentiary hearing on this issue and that it grant him
leave to supplement this pleading with further facts and authority
in support of his position.
Respectfully submitted, this 29th day of January, 2010.
Respectfully submitted,
s/ Jake Waldrop
JAKE WALDROP
GEORGIA STATE BAR NO. 731117
ATTORNEY FOR DARRYL HORTON
Federal Defender Program, Inc.
Suite 1700, The Equitable Building
100 Peachtree Street, N.W.
Atlanta, Georgia 30303
(404) 688-7530
Jake_Waldrop@fd.org |
