These purposes are satisfied by the detailed indictment herein.
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The purpose of a bill of particulars is to inform a defendant of the nature of the charges against him so that he will have a sufficient opportunity to prepare for trial and avoid surprise, and also to enable him to plead double jeopardy if a subsequent prosecution for the same offense should eventuate. Defendant Amidzich's motion seeks information unknown at the time the indictment was returned but which may have been subsequently discovered by the Government.Ī motion for a bill of particulars is addressed to the discretion of the court. Additionally, defendant Waltress has moved for disclosure of exculpatory evidence, reports or results of scientific tests, statements attributed to codefendants which the Government intends to introduce at trial, and any evidence of similar offenses which the Government intends to rely on.ĭefendant Waltress' motion for a bill of particulars inquires as to the theory the Government will rely on to show that he was an aider and abettor as to Counts I through V. § 841(a) (1).ĭefendants Amidzich and Waltress have both filed motions seeking a bill of particulars. Counts VI and VII charge defendant Amidzich alone with, on April 3, 1975, possessing cocaine (Count VI) and tablets containing d-amphetamine sulfate (Count VII) with intent to distribute, in violation of 21 U.S.C. In each of Counts III, IV, and V, all three defendants are charged with possessing cocaine with intent to distribute and distributing it on February 9, February 12, and April 3, 1975, in violation of 21 U.S.C.
Count II alleges that on February 4, 1975, Waltress and Bastian, possessed, with intent to distribute and did distribute, approximately 9,382 tablets containing d-amphetamine sulphate, in violation of 21 U.S.C. Defendants Amidzich and Waltress have filed a number of motions, most of which are denied.Ĭount I of the indictment charges all three defendants with engaging in a conspiracy, beginning in January 1975 and continuing to April 3, 1975, to distribute and possess with intent to distribute cocaine and tablets containing d-amphetamine sulfate, in violation of 21 U.S.C. This is a criminal case in which the three defendants, Michael Amidzich, Pamela Sue Bastian, and Bruce Clark Waltress, were charged in a seven count indictment with a variety of violations of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U. Peck, Milwaukee, Wis., for defendant Waltress. Jeffrey Hirschberg, Milwaukee, Wis., for defendant Bastian. Shellow, Milwaukee, Wis., for defendant Amidzich.ĭ.
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