Motion to Suppress Tammy Parker's Calendar Notes

8/22/2019 Motion to Suppress Tammy Parker's Calendar Notes

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UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

JACK W. PARKER,

Defendant.

CRIMINAL ACTION NO.

3:13-CR-133

MOTION TO SUPPRESS TAMMY PARKER’S CALENDAR NOTES

Defendant Jack Parker, through his undersigned attorneys, respectfully moves to

suppress Tammy Parker’s calendar notes as inadmissible hearsay.1

FACTS

The Government has indicted Jack Parker, Brett Parker, and Doug Taylor on

federal gambling charges. 18 U.S.C. §1955 requires, among other elements, that at least

five people conduct, finance, manage, supervise, direct, or own all or part of an illegal

gambling business that has been in substantially continuous operation for a period

longer than 30 days or has a gross revenue of $2000.00 on any single day.

For the purposes of this motion, and without waiving any future defenses,

counsel assumes the following facts: Jack Parker and Doug Taylor were in the

bookmaking business together and Brett Parker and Bryan Capnerhurst were in the

bookmaking business together.

Neither Brett Parker nor Jack Parker ran a bookmaking operation of sufficient

size to trigger federal jurisdiction. The Government alleges there were times the two

operations worked together. The Government has produced no discovery to support the

operations working together in conjunction in a continuous manner up to February of

2012. The Government has produced evidence suggesting the two operations may have

been joined for a 56-day period during the 2012 NCAA basketball season. There does not

appear to be any other 30-day period where the two operations were joined and operated

in a substantially continuous manner. Defendant is unaware of which days, if any, the

Government alleges there was gross revenue of $2000.00.

1 The notes that are the subject of this motion are attached as exhibits.

3:13-cr-00133-CMC Date Filed 08/01/13 Entry Number 83 of 3



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LEGAL ARGUMENT

The Government might be able to make a case for a four-person gambling

operation on some occasions, but an operation of that size would not be illegal under

federal law. In order to successfully convict the Defendants, the Government must prove

the existence of a fifth person in the gambling operation. §1955 only prohibits “those

gambling operations that involve at all times during some thirty day period at least five

persons who ‘conduct, finance, manage, supervise, direct, or own’ the business.” United

States v. Gresko, 632 F.3d 1128, 1132 (4th Cir. 1980). In the event the Government

intends to proceed under the “$2000.00 gross on one day” portion of the statute, the

same rule applies; there must be five people on that specific day.

In the search for the fifth person necessary for this prosecution, it appears the

Government has settled on Tammy Parker as a potential fifth person in the gambling

operation. The only evidence to support her involvement in the gambling operation arethe attached calendar notes.2

It is unlikely the attached notes are enough to call Tammy Parker a person who

“conducted, financed, managed, supervised, directed, or owned” the gambling business.

She was simply adding a line on an informal budget for money that may or may not have

materialized from Brett Parker’s booking business. In any event, the calendar notes are

inadmissible hearsay.

Hearsay is a statement the declarant made not while testifying at the current trial

or hearing and offered by a party to prove the truth of the matter asserted in thestatement. FRE, Rule 801(c)(1)-(2). The attached documents are statements made by

Tammy Parker which the Government alleges contain evidence of her involvement in the

gambling operation. The documents are being offered to prove Tammy was involved in

the gambling operation; the matter asserted in the documents.

These documents are inadmissible hearsay, meet no exception to the hearsay

rule, and should be deemed inadmissible.

2 A Secret Service report reflects that a witness told the agents he delivered gamblingproceeds to Tammy one day and she remarked that she had collected from severalpeople. However, the written statement by that same witness reflects no such event. Noother witness has ever claimed Tammy collected gambling debts or had any involvementin the gambling operation.




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Respectfully submitted,

/s/ Joshua Snow Kendrick Joshua Snow Kendrick (Fed ID 9037)Christopher S. Leonard (Fed ID10998)1916 Barnwell Street

Columbia, SC 29201(803) [email protected]

August 1, 2013Columbia, South Carolina


mailto:[email protected]





3:13-cr-00133-CMC Date Filed 08/01/13 Entry Number 83-1 Page 1 of 9

Motion to Suppress Tammy Parker's Calendar Notes

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