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United States of America v. Kaboni Savage Robert Merritt Steven Northington

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


May 10, 2013

UNITED STATES OF AMERICA
v.
KABONI SAVAGE ROBERT MERRITT STEVEN NORTHINGTON

The opinion of the court was delivered by: R. Barclay Surrick, J.

ORDER

AND NOW, this 10th day of May, 2013, upon consideration of Defendant Kaboni Savage's Motion to Strike the Revised Notice of Intent to Seek the Death Penalty (ECF No. 373), Defendant Robert Merritt's Motion to Strike or Modify the Notice of Intent to Seek the Death Penalty (ECF No. 368), and Defendant Steven Northington's Motion to Strike Aggravating Circumstances or in the Alternative to Compel Discovery (ECF No. 364), it is ORDERED as follows:

1. Robert Merritt's Motion (ECF No. 368) is GRANTED in part and DENIED in part as follows:

A. Defendant's request for an evidentiary outline concerning the vulnerable victim aggravating factor is GRANTED. The Government shall provide this information on or before Wednesday, May 15, 2013.

B. Defendant's request for additional information concerning the victim impact aggravating factor is GRANTED. The Government shall provide all victim impact statements, or in the alternative, an outline of the evidence it intends to present with respect to each victim witness, on or before Wednesday, May 15, 2013. Upon receipt of this information, Merritt may renew objections to the proposed victim impact evidence.

C. All other relief sought by Merritt is DENIED.

2. Kaboni Savage's Motion (ECF no. 373) is GRANTED in part and DENIED in part as follows:

A. Defendant's request for an evidentiary outline concerning the vulnerable victim aggravating factor is GRANTED. The Government shall provide this information on or before Wednesday, May 15, 2013.

B. Defendant's request for additional information concerning the victim impact aggravating factor is GRANTED. The Government shall provide all victim impact statements, or in the alternative, an outline of the evidence it intends to present with respect to each victim witness, on or before Wednesday, May 15, 2013. Upon receipt of this information, Savage may renew objections to the proposed victim impact evidence.

C. Defendant's request for an evidentiary outline concerning the grave risk of death to additional persons aggravating factor is GRANTED. The Government shall provide this information on or before Wednesday, May 15, 2013.

D. All other relief sought by Savage is DENIED.

3. Steven Northington's Motion (ECF No. 364) is GRANTED in part and DENIED in part as follows:

A. Defendant's request for an evidentiary outline concerning the grave risk of death to additional persons aggravating factor is GRANTED. The Government shall provide this information on or before Wednesday, May 15, 2013.

B. Defendant's request for additional information concerning the victim impact aggravating factor is GRANTED. The Government shall provide all victim impact statements, or in the alternative, an outline of the evidence it intends to present with respect to each victim witness, on or before Wednesday, May 15, 2013. Upon receipt of this information, Northington may renew objections to the proposed victim impact evidence.

C. Defendant's request for an evidentiary outline concerning the future dangerousness aggravating factor is GRANTED. The Government shall provide this information on or before Wednesday, May 15, 2013.

D. All other relief sought by Northington is DENIED.

IT IS SO ORDERED.

BY THE COURT:

20130510

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