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U.S. v. Orsini

Dismissal Motion Impermissibly Sought Summary Judgment on Issue of Mens Rea

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OPINION & ORDER Jamie Orsini and Nicholas Orsini (“Defendants”) stand charged in a two-count indictment for (i) committing a carjacking resulting in death in violation of 18 U.S.C. §§2119(3) and 2; and (ii) participating in a conspiracy to commit a carjacking in violation of 18 U.S.C. §371. (Doc. 38, “Indictment”). Before the Court is Defendant Jamie Orsini’s motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(3)(B)(v) of the Federal Rules of Criminal Procedure. (Doc. 31).¹ Defendant Jamie Orsini filed, pursuant to the Court’s briefing schedule, a motion to dismiss on October 31, 2023. (Doc. 31; Doc. 32; Doc. 33, “Def. Br.”). The Government filed its opposition on November 5, 2023 (Doc. 34), and the motion was fully briefed with the filing of Defendant’s reply on November 22, 2023 (Doc. 37). The Court heard oral argument on Defendants’ motion to dismiss on January 17, 2024.² (See Jan. 17, 2024 Minute Entry). BACKGROUND The Complaint alleges that in the days before April 28, 2020, Defendants prepared to murder Jamie Orsini’s ex-husband, Steven Kraft, including buying a so-called “burner phone” and tools necessary for the murder and cover-up. (Doc. 1, “Compl.”

6(a), 7(a) & (c)). Defendants planned to take and move Kraft’s car as part of the murder, so they also drove a preparatory “dry run” from Beacon, New York (where Defendants lived and would eventually kill Kraft) to Newburgh, New York (where Defendants would dispose of Kraft’s car). (Id.

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