The release of Meisy Zamora, who is charged with healthcare fraud along with her husband Dr. Jorge Zamora Quezada, was affirmed this morning by U.S. District Judge Ricardo H. Hinojosa.
Government said they would appeal and were granted a seven-day stay of her release.
As Meisy Zamora awaits the appeal of her release on bond, her attorney, Christopher Sully, is seeking to have the entire case against her dismissed, claiming a violation by the government prosecutors.
However, Sully — her defense attorney — argues in an Aug. 20 filing that the government prosecutors have not properly identified possibly exculpatory evidence in the millions of pages of documents the government turned over as part of the discovery process in the case.
Exculpatory evidence — or evidence that could be helpful to the defendant’s case — is required to be turned over to the defense. Not doing so would constitute what’s known as a Brady violation.
Sully argues that the “voluminous” amount of documents that the government has turned over would make it unreasonable for him, as the sole attorney for Zamora, to sort through and find any Brady material in a timely manner.
“Despite the defense’s requests, the government has not agreed to identify potentially exculpatory or mitigating evidence contained in this voluminous discovery, much of which contains seemingly irrelevant information, such as summaries of mundane household expenses at a home-improvement store,” Sully wrote in the motion.
He notes that he is her sole attorney with limited resources while the government has “formidable resources” and at least a half-dozen prosecutors.
“Despite the government’s duty to identify Brady and Giglio material in its file, it has not done so,” he wrote, referring to Giglio material which is information that could discredit a government witness, “or instead has buried that material in a haystack of millions of pages of documents, which have been produced in a piecemeal fashion over the year that this case has been pending.”
Zamora was arrested in late July 2018 and has been held without bond ever since. However, last month, U.S. Magistrate Judge Juan F. Alanis agreed to grant Sully’s motion to revoke the order to keep her detained.
Alanis set a $250,000 bond and ordered her to home detention at all times except to attend school activities for her 14-year-old daughter.
Her release, however, has been delayed as the government swiftly filed an appeal to Alanis’ order. Another hearing in her case is scheduled for Thursday morning.