USA v. Cunningham

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF KANSAS
UNITED STATES OF AMERICA
Plaintiff,
-vs- 	Case No. 	2:25-CR-20043-BP-JAM
MONTRESSA CUNNINGHAM,
Defendant.
_____________________________________
MEMORANDUM OF MATTERS DISCUSSED AND
ACTION TAKEN AT PRETRIAL CONFERENCE
The following matters were discussed and action taken during the pretrial conference:
PENDING CHARGES: 	Count One 	Obstruction of Justice, in violation of 18 U.S.C. §§
1503 and 2
Count Two 	Contempt, in violation of 18 U.S.C. § 401(3)
Count Three 	Anonymous Interstate Harassing Telephone Call, in
violation of 47 U.S.C. §§ 223(a)(1)(C)
TRIAL COUNSEL:
Government: Jacob Strain & Sachiko Jepson
Case Agent: Deputy USM Chris Wallace
Defense: Lesley Smith & Angie Williams
Investigator Kendra Jackson and Paralegal Melissa McDaniel will assist
OUTSTANDING MOTIONS: 	None
ANTICIPATED MOTIONS: Defendant plans to file motions in limine
TRIAL WITNESSES:
Government: 16 with or without stipulations
Defense: no more than 3 additional witnesses; Defendant may testify
TRIAL EXHIBITS:
Government: 40 exhibits
Defense: 10 exhibits
DEFENSES:
( x ) 	defense of general denial
( 	) 	defenses of general denial and _________________________________________
Case 2:25-cr-20043-BP-JAM Document 45 Filed 03/26/26 Page 1 of 3

2
POSSIBLE DISPOSITION:
The Government identified the case as definitely for trial.
Defense counsel indicated a plea would likely be worked out.
TRIAL TIME: 5 ½ days
Government’s case including jury selection: 1 day for jury selection (due to requested size
of jury panel) and 4 days for presentation of evidence.
Defense case: ½ day
STIPULATIONS:
A summary of stipulations proposed by the Government is as follows:
(1) Defendant being charged by Indictment in Case No. 5:21cr40105 on December 8,
2021;
(2) Defendant being found guilty on October 12, 2023, following a jury trial;
(3) Defendant being sentenced by United States District Court Judge Toby Crouse on April
23, 2024, and being allowed to self-surrender; and
(4) At the April 23, 2024, sentencing hearing, Judge Crouse continuing Defendant on bond
- including the condition for location monitoring.
Defendant is likely to agree with proposed stipulations (1)-(3).
UNUSUAL QUESTIONS OF LAW:
The Government identified five topics to be addressed prior to trial:
(1) The Government will request that the Protective Order shielding Judge Crouse’s family
members’ names be extended through trial. 	Defense counsel did not announce a position with
regard to this topic.
(2) The Government will request time limits on cross examination of Judge Crouse’s family
members regarding the substance of DCF allegations. 	Defense counsel stated she needs to be
able to question family members about their injuries, and stated this topic could be addressed by
objection at trial.
(3) The Government will request a witness not be questioned about his criminal history at trial.
Defense counsel agreed. 	Similarly, the Government will request that an expert not be cross-
examined about a 1993 incident that does not appear in his criminal history. 	Defense counsel
stated that the Rules already address appropriate treatment, and that she would request cross
examination only if it became relevant.
(4) The Government will request permission to ask leading questions to minor witnesses. Defense
counsel does not object.
Case 2:25-cr-20043-BP-JAM Document 45 Filed 03/26/26 Page 2 of 3

3
(5) The Government will request Judge Crouse’s wife be permitted to remain in the courtroom
after testifying to provide emotional support for the family. 	Defense counsel does not object to
her presence.
The Court directed the parties to file written motions on any unresolved topics.
FILING DEADLINES:
Witness and Exhibit Lists:
Government: March 30, 2026
Defense: March 30, 2026
Counsel are requested to list witnesses in alphabetical order on their witness list.
Exhibit Index, Voir Dire, Jury Instructions: March 30, 2026
Jury instructions must comply with Local Rule 51.1
Motions in Limine: March 30, 2026
TRIAL SETTING: Jury Trial commencing April 13, 2026
Please note: 	The Government does not have any conflicts. 	Defense counsel has a
hearing in the Western District of Missouri the afternoon of April 15, 2026, for which she
will obtain coverage.
OTHER:
( 	) 	A _____________________-speaking interpreter is required.
( 	) 	Other assistive devices:
IT IS SO ORDERED.
/s/ Jill A. Morris
JILL A. MORRIS
United States Magistrate Judge
Case 2:25-cr-20043-BP-JAM Document 45 Filed 03/26/26 Page 3 of 3