IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 1:11-cr-402-1 UNITED STATES OF AMERICA

v. JORGE PETER CORNELL, et al. ) ) ) ) ) MOTION TO ALLOW DEFENDANTS ADDITIONAL PEREMPTORY CHALLENGES

NOW COME DEFENDANTS JORGE CORNELL, RUSSELL KILFOIL, WESLEY WILLIAMS, SAMUEL VELASQUEZ, AND RANDOLPH KILFOIL1, by and through their attorneys, and respectfully request that this court grant the defendants additional peremptory challenges due to the number of defendants joined in this case. In support of this motion, Defendant sates the following: 1. That Federal Rule of Criminal Procedure 24(b) states that for offenses punishable

by imprisonment, for more than one year, the government is allowed six (6) and the defendant is allowed ten (10) peremptory challenges; 2. That Federal Rule of Criminal Procedure 24(b) further states [i]f there is more

than one defendant, the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly; 3. There are 14 defendants, three of whom have entered guilty pleas. There may be

six or more defendants who will be tried together in this case; 4. There has been pre-trial publicity generated, both newspapers and television

coverage of this case. A great deal of the more recent publicity has been generated by the press releases from the U.S. Attorneys Office or the Greensboro Police Department.

Counsel for each of the listed Defendants have advised undersigned counsel for Jorge Cornell that their clients join in this motion.
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5.

That the Defendant Jorge Cornell respectfully requests additional peremptory

challenges, and that the number of extra challenges should be decided closer to the trial date, when the Court and the parties know exactly how many defendants will be going to trial. Defendant requests that if the number of challenges is increased, the Court maintain the 10/6 ratio of challenges provided in Rule 24. WHEREFORE DEFENDANTS JORGE CORNELL, RUSSELL KILFOIL, WESLEY WILLIAMS, SAMUEL VELASQUEZ, AND RANDOLPH KILFOIL, by and through their attorneys, respectfully request that the Court grant additional peremptory challenges be afforded to the defense due to the number of defendants joined in this cause and because of the pretrial publicity generated by this case. Respectfully submitted this the 27th day of July, 2012. Law Office of Michael W. Patrick By: /s/ Michael W. Patrick Michael W. Patrick NC Bar #7956 312 West Franklin Street P.O. Box 16848 Chapel Hill, NC 27516 (919) 960-5848 (telephone) (919) 869-1348 (facsimile) Email: mpatrick@ncproductslaw.com Attorney for Defendant Jorge Cornell

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CERTIFICATE OF SERVICE I hereby certify that on the 27th day of July, 2012 I electronically filed the foregoing with the clerk of the court using the CM/ECF system which will provide a copy of the motion to counsel of record. /s/ Michael W. Patrick Attorney for Defendant Jorge Cornell

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