UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES,

     Versus                        CRIMINAL NO. 87-60
                                   Chief Judge Richey
SCOTT GALINDEZ, defendant

RESPONSE OF DEFENDANT SCOTT GALINDEZ
TO THE MOTION OF THE UNITED STATES
TO CONSOLIDATE CASES FOR TRIAL

By and through Linda S. Chapman, Assistant United States Attorney (AUSA) in the District of Columbia, on March 3, 1987, the United States filed a Motion (hereinafter, Mot. Con.) which requested that the Information filed in this case (Feruary 18, 1987, U.S. Mag. No. 87-0123M-01), be consolidated for trial with separate Informations, theoretically pursuant to Fed. R. Cr. P. 13 and Local Rules 405 and 406.

As grounds for the proposed consolidation the United States surmises the postulate that:

1. "(D)efendants participated in the same act, that is, sleeping in Lafayette Park in the early morning hours of December 22, 1986, that constitutes the offense in each case." Mot Con., page 2.

2. "The joint trial of persons charged together with committing the same offense is the rule rather than the exception. United States v. Bruner, 212 U.S. App. D.C. 36, 47, 48, 657 F.2d 1278 1289-90;" Ibid.

ARGUMENT

Since October, 1986 defendant Galindez has, been involved in an individual demonstration, within the provisions of 36 CFR50.19(b)(1), the Small Group Permit Exemption (SEE ALSO; First Amendment to the Constitutioin of the United States of America).

This defendant denies having been "sleeping" with any other defendants 1/. Specifically defendant Galindez was not "demonstrating'" with a number of individuals but solely with and by himself. At all times, Mr. Galindez's demonstration activities were entirely spontaneous, and without agreement or pre-arrangement. Defendant Galindez did, from time to time, attend the same signs which were attended, at other times, by defendants Andrew Hammerman, and Robin White.

Defendant Galindez notes that the name of "Robin White" has been stricken, by the unexplained flick of a pen, from the caption of the United States Motion for Consolidation.

Defendant Galindez adopts the proceedural stance that a) he did not "participate" with others in the "offence" of "sleeping," and b) that his case should be Consolidated with the case of Robin White, at least to the same extent as being deleted fro the title of this matter.

Respectfully submitted,

SCOTT GALINDEZ
270 Central Avenue
Albany, New York 12206
_______________________

1/ For the Record this defendant makes no omissions, and reserves all defennses available to him.

NOTICE

Address all legal correspondence to LOCAL MAIL ADDRESS:

Scott Galindez
P.O. Box 27217
Washington D.C. 20038


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES,

     Versus                        CRIMINAL NO. 87-60
                                   Chief Judge Richey
SCOTT GALINDEZ, defendant

CERTIFICATE OF SERVICE

I, Scott Galindez, certify that a copy of the foregoing RESPONSE OF DEFENDANT SCOTT GALINDE TO THE MOTION OF THE UNITED STATES TO CONSOLIDATE CASES FOR TRIAL, was served byb U.S. Mail, first class, postage pre-paid upon Linda S. Chapman, Assistant United States Attorney 555 5th Street, N.W., Room 5915 Washington D.C. 20001, (202) 272-9078 on this 13th day of March, 1987,

SCOTT GALINDEZ


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES,

     Versus                        CRIMINAL NO. 87-60
                                   Chief Judge Richey
SCOTT GALINDEZ, defendant

ORDER

Upon consideration of the Motion to Consolidate Cases for Trial, filed by the United States, March 3, 1987, and the Response of Defendant Scott Galindez filed thereto, March 13, 1987, it is, this __th day of March, 1987,

ORDERED that the Motion of the United States to Consolidate Cases for Trial be and hereby is granted to the extent the that this caae be consolidated with the information filed in the matter of USA v. ROBIN WHITE; USDC Cr. 87-0120M, to the extent that the name of this defendant should be scratched from the title of this action.

Chief Judge,
U.S. District Court,
District of Columbia