I shall shorten this up a bit.
Tuesday, August 10th:
*Final Report Hearing for both (@ 2:30pm ET) – TN – Sergio (2) (Dec. 14, 2020, abandoned at Goodwill store in Southaven, MS) - *Jeremy Fitzgerald (34) arrested (12/14/20), charged (12/17/20) & arraigned (5/28/21) with federal kidnapping. Plead not guilty. In jail.
12/15/20 Update: Assigned to Judge Mark S. Norris.
only for *Turliscea Turner (29) arrested (12/14/20), charged (12/17/20) & arraigned (5/25/21) with federal kidnapping. Plead not guilty. $5K bond. Posted bond & out on 4/22/21.
Fitzgerald, Turner & an unknown subject drove & transported the child across state boundary from Memphis, TN to Southaven, MS. U.S. attorney Michael Dunavant’s office said the case would be presented to a grand jury, which could add more charges. If convicted, the defendants each face a possible sentence of 20 years & up to life in federal prison, 5 years to life of supervised release & a $250K fine. There is no parole in the federal system.
Trial set to begin on 9/13/21 (est. 5 days).
12/16/20 Update: Minute Entry for proceedings held before Magistrate Judge Charmiane G. Claxton: Initial Appearance as to Turner held on 12/16/2020. The Court read the charges to the defendant & advised her of her rights. Rule 5(f) addressed. Defendant's request for court appointed counsel is granted. Financial Affidavit entered by the defendant. The court declared the defendant indigent & appointed counsel from the CJA Panel. (Dewun R. Settle) Government seeks detention. Probable Cause/Detention Hearing set for Friday, Dec. 18, 2020 at 3:00 PM via Skype Magistrate Judge Annie T. Christoff. Order of Temporary Detention entered. Defendant remanded to the custody of the USM.
12/18/20 Update: Minute Entry for proceedings held before Magistrate Judge Annie T. Christoff: Probable Cause/Detention Hearing as to Turner was to be held on 12/18/20. Defense Counsel oral motion for continuance-Granted. Probable Cause/Detention Hearing RESET for Monday, 12/21/20 at 2:30 PM via Skype before Magistrate Judge Charmiane G. Claxton. Defendant remanded to USM custody.
12/21/20 Update: Minute Entry for proceedings held before Tennessee Magistrate Judge Charmiane G. Claxton: Probable Cause/Detention Hearing as to Turner held on 12/21/20. Defendant in custody & consents to video hearing. Government proof/witness sworn: Charles Irvine, FBI. Defense proof/witness sworn: Karen Kelly. At the conclusion of the hearing, the court found probable cause & ordered the defendant detained. This matter is held to the action of the Grand Jury. Order of detention entered. Defendant remanded to USM custody. Assigned to Judge Mark S. Norris.
5/13/21: #52: Superseding indictment as to Jeremy Fitzgerald (1) count(s) 1s, Turliscea Turner (2) count(s) 1s. (cas); 5/13/21: #53: Superseding indictment (Penalty copy) as to Jeremy Fitzgerald, Turliscea Turner. (Attachments: # 1 Notice of Penalties) (cas). 5/25/21: #54: Minute Entry for proceedings held before Chief Magistrate Judge Tu M. Pham: Initial Appearance on Superseding Indictment as to Fitzgerald (1) was to be held on 5/25/21. Defendant not present - currently in quarantine. Initial Appearance on Superseding Indictment is RESET for Friday, 5/28/21 at 2:00 PM via Teams before Magistrate Judge Charmiane G. Claxton. 5/25/21: #55: Minute Entry for proceedings held before Chief Magistrate Judge Tu M. Pham: Initial Appearance on Superseding Indictment as to Turner (2) held on 5/25/21. Defendant on bond & consents to video hearing. The Court read the charges to the defendant & advised her of her rights. Rule 5(f) addressed. Defendant is represented by Dewun Settle, CJA. Defendant to remain on present bond. Defense to file a motion to modify bond conditions. Defendant consents to video arraignment. Defendant was arraigned. Defendant waived formal reading of the charges & entered a Plea of not guilty on all counts. Trial Date & Report Date to be Set & Noticed by the District Judge. 5/25/21: #56: ORDER RE: CRIMINAL RULE 5(f) as to Turner. Pursuant to the Due Process Protections Act, the Court confirms the obligation of the United States to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and orders it to do so. Failing to do so in a timely manner may result in consequences, including, but not limited to, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, or sanctions by the Court. Signed by Chief Magistrate Judge Tu M. Pham on 5/25/21.
5/28/21: #59: Minute Entry for proceedings held before Magistrate Judge Charmiane G. Claxton: Initial Appearance on Superseding Indictment as to Fitzgerald held on 5/28/2021. The Court read the charges to the defendant and advised him of his rights. Defendant previously appointed counsel. Defendant previously detained. Arraignment as to Jeremy Fitzgerald (1) Count 1,1s held on 5/28/21. Defendant waived the formal reading of the Superseding Indictment & not guilty plea entered on all counts. Trial Date & Report Date to be set & noticed by the District Court. Defendant remanded to the custody of the USM.
6/9/21: #60: First motion to Amend/Correct /Alter Bond Conditions, Proposed Order Submitted by Turliscea Turner. 6/10/21: #61: Text setting letter as to Turner: Re: Motion Hearing set for 6/11/21 01:00 PM before Magistrate Judge Annie T. Christoff. 60 First MOTION to Amend/Correct /Alter Bond Conditions, Proposed Order Submitted. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding. Defendants in custody will appear via video. Defendants on bond may participate by video or call into the conference. A call-in number will be provided in the email invitation. Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding. Defense counsel is responsible for sharing access information with the defendant's family. The Government is responsible for notifying any known victims of their right to access the proceeding. Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account.
6/11/21: #62: Minute Entry for proceedings held before Magistrate Judge Annie T. Christoff: Motion Hearing as to Turner held on 6/11/21 re #60: First MOTION to Amend/Correct /Alter Bond Conditions, Proposed Order Submitted filed by Turner. Lauren Delery appeared for the Government. Dewun Settle appeared for the Defense. Defendant on Bond & consented to appeared via video. Defendants Motion Granted. Order Modifying Conditions of Release entered. 6/11/21: #63: Order modifying existing conditions of release as to Turner. Signed by Magistrate Judge Annie T. Christoff on 06/11/2021. Discovery due by 6/28/21, pretrial motions due by 6/28/21 & plea change deadline is 8/10/21. Final report date 8/10/21 @ 2:30pm. Trial set to begin on 9/13/21 @ 9:30am in Memphis, estimated 5 days.
