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USA v. CORNELL et al, Docket No. 1:11-cr-00402 (M.D.N.C. Nov 29, 2011), Court Docket Eric Fink Monday, July 30, 2012 - 4:41 PM

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THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA

UNITED STATES OF AMERICA V. SAMUEL ISAAC VELASQUEZ

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1:11CR402-9

MOTION TO SEVER Samuel Isaac Velasquez, through counsel, pursuant to Federal Rule of Criminal Procedure 14 hereby moves that this Honorable Court sever his trial from the trial of his co-defendants. As grounds for this motion, Mr. Velasquez alleges as follows: 1. The Government has charged Mr. Velasquez, along with 13 co-defendants with violating the RICO statute through their involvement in the Almighty Latin King and Queen Nation [hereinafter Latin Kings] in violation of 18 U.S.C. 1959(a)(3) and 2 and 1962(d) The indictment alleges 40 overt acts that support the Governments position that the defendants were involved in an enterprise engaged in criminal racketeering. 2. Among the acts alleged in the indictment included armed robberies, shootings, extortion, illegally obtaining firearms, planning fire bombings, retaliatory acts of violence against former Latin Kings members and members of other gangs, arson of a dwelling and fraud. 3. Mr. Velasquezs name is only mentioned in four of the separate overt acts. There are no allegations that he participated in any of the seven separate robberies alleged in the indictment. There are no allegations that he ever assaulted any person.

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Finally, there are no allegations that he engaged in fraudulent conduct. 4. If Mr. Velasquez is tried with his co-defendants there is serious risk that his right to trial by an impartial jury or by a trial by a jury that is able to make a reliable judgment about his guilt or innocence will be compromised. Zafiro v. United States, 506 U.S. 534 (1993). WHEREFORE, Mr. Velasquez respectfully requests that this Honorable Court exercise its discretion and grant this Motion and sever his case from his co-defendants cases. Respectfully submitted, this the 27th day of July 2012.

/s/ Mark E. Edwards Attorney for Mr. Velasquez P.O. Box 77 Durham, N.C. 27702 (919) 688-9555; Fax 683-5650 E-mail:medwardslaw@hotmail.com N.C. Bar No. 16995

CERTIFICATE OF SERVICE I HEREBY certify that I filed a copy of the foregoing document with the Clerk of the Court using the CM/ECF system which will provide a copy of the motion to all counsel of record. /s/ Mark E. Edwards

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