Case 1:14-cr-00165-AWI-BAM Document 30 Filed 05/01/15 Page 1 of 3
1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN P. ROONEY
MELANIE L. ALSWORTH
3 Assistant United States Attorneys
2500 Tulare Street, Suite 4401
4 Fresno, CA 93721
Telephone: (559) 497-4000
5 Facsimile: (559) 497-4099
6
Attorneys for Plaintiff
7 United States of America
8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
UNITED STATES OF AMERICA,
Plaintiff,
12
MOTION TO DISMISS INDICTMENT
(Fed.R.Crim.P. 48(a))
v.
13
14
CASE NO. 1:14 CR 165
KEITH MATTHEW EMERALD,
Defendant.
15
16
17
The United States of America, by and through Benjamin B. Wagner, United States Attorney, and
18 Kevin P. Rooney and Melanie L. Alsworth, Assistant United States Attorneys, hereby moves to dismiss
19 the Indictment as to KEITH MATTHEW EMERALD in the interest of justice. The United States seeks
20 leave of the Court to dismiss this case pursuant to Rule 48(a) for the following reasons.
21
The Indictment in this case was returned on August 7, 2014. Since that time, two witnesses
22 whom the Government deemed necessary for the trial in this case have unexpectedly passed away. Their
23 previous statements are now inadmissible hearsay which cannot be used as evidence in trial.
24
In February 2015, a person whom the Government believed was a critical witness died as a result
25 of a workplace accident. The Government had expected that witness to provide trial testimony
26 concerning his interactions with the defendant shortly after the defendant was rescued from the vicinity
27 of the origin of the Rim Fire.
28
30
In March 2015, a second person whom the Government considered a material witness died as a
MOTION TO DISMISS
1
Case 1:14-cr-00165-AWI-BAM Document 30 Filed 05/01/15 Page 2 of 3
1 result of cardiac arrest. That person was the helicopter pilot who first responded to the origin of the Rim
2 Fire, and the Government had expected him to provide trial testimony about communications concerning
3 the initial discovery of the fire, and the rescue of the defendant from very near the origin of the fire.
4
The Government has assessed the remaining evidence in the case, and has determined that,
5 without the testimony of the now deceased witnesses, it is unlikely that it would be able to prove beyond
6 a reasonable doubt to the unanimous satisfaction of a trial jury that the defendant committed the federal
7 offenses charged in the indictment. Accordingly, it is in the best interests of justice that this case be
8 dismissed.
9
10 Dated: April 30, 2015
BENJAMIN B. WAGNER
United States Attorney
11
12
By: /s/ KEVIN P. ROONEY
KEVIN P. ROONEY
Assistant United States Attorney
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
MOTION TO DISMISS
2
Case 1:14-cr-00165-AWI-BAM Document 30 Filed 05/01/15 Page 3 of 3
1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN P. ROONEY
MELANIE L. ALSWORTH
3 Assistant United States Attorneys
2500 Tulare Street, Suite 4401
4 Fresno, CA 93721
Telephone: (559) 497-4000
5 Facsimile: (559) 497-4099
6
Attorneys for Plaintiff
7 United States of America
8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
UNITED STATES OF AMERICA,
Plaintiff,
12
v.
13
14
CASE NO. 1:14 cr 165 AWI[PROPOSED] ORDER
ON GOVERNMENT’S MOTION TO DISMISS
INDICTMENT
KEITH MATTHEW EMERALD,
Defendant.
15
16
17
Pursuant to the motion by the United States, IT IS HEREBY ORDERED that the Indictment
18 against KEITH MATTHEW EMERALD be dismissed in the interest of justice.
19
20 DATED:
HON. ANTHONY W. ISHII
UNITED STATES DISTRICT JUDGE
21
22
23
24
25
26
27
28
30
MOTION TO DISMISS
3