Opinion
21 Cr. 580 (CS)
10-07-2021
United States of America v. Bernard Brown, Defendant.
AUDREY STRAUSS United States Attorney Derek Wikstrom Assistant United States Attorney Joseph P. Facciponti Counsel for Bernard Brown
AUDREY STRAUSS United States Attorney
Derek Wikstrom Assistant United States Attorney
Joseph P. Facciponti Counsel for Bernard Brown
PROTECTIVE ORDER
THE HONORABLE CATHY SEIBEL, UNITED STATES DISTRICT JUDGE
Upon the application of the United States of America, with the consent of the undersigned counsel, and the defendant having requested discovery under Fed. R. Crirn. P. 16(a), the Court hereby finds and orders as follows:
1. Disclosure Material. The Government has made and will make disclosure to the defendant of documents, objects and information, including electronically stored information ("ESI"), pursuant to Federal Rule of Criminal Procedure 16, 18 U.S.C. §3500, and the Government's general obligation to produce exculpatory and impeachment material in criminal cases, all of which will be referred to herein as "disclosure material." The Government's disclosure material may include material that (i) affects the privacy and confidentiality of individuals; (ii) would impede, if prematurely disclosed, the Government's ongoing investigation of uncharged individuals; (iii) would risk prejudicial pretrial publicity if publicly disseminated; and (iv) that is not authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense of this criminal case. Because certain documents that the Government anticipates producing in discovery will not fall into any of those categories, the Government may designate certain material produced in discovery as "Unrestricted Material," to which the protections of this order need not apply, by identifying documents as such in emails or communications to defense counsel.
2. Sensitive Disclosure Material. Certain of the Government's disclosure material, referred to herein as "sensitive disclosure material," contains information that identifies, or could lead to the identification of, witnesses who may be subject to intimidation or obstruction, and whose lives, persons, and property, as well as the lives, persons and property of loved ones, will be subject to risk of harm absent the protective considerations set forth herein. The Government's designation of material as sensitive disclosure material will be controlling absent contrary order of the Court.
NOW, THEREFORE, FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED:
1. Disclosure material, other than Unrestricted Material, shall not be disclosed by the defendant or defense counsel, including any successor counsel ("the defense") other than as set forth herein, and shall be used by the defense solely for purposes of defending this action. The defense shall not post any disclosure material on any Internet site or network site to which persons other than the parties hereto have access, and shall not disclose any disclosure material to the media or any third party except as set forth below.
2. Disclosure material (other than Unrestricted Material) that is not sensitive disclosure material may be disclosed by counsel to:
(a) The Defendant;
(b) Personnel for whose conduct counsel is responsible, i.e., personnel employed by or retained by counsel, as needed for purposes of defending this action; and
(c) Prospective witnesses for purposes of defending this action,
3. Sensitive disclosure material shall be disclosed only on an "attorney's eyes only" basis.
4. The Government may authorize, in writing, disclosure of disclosure material beyond that otherwise permitted by this Order without further Order of this Court.
5. This Order does not prevent the disclosure of any disclosure material, however designated, in any hearing or trial held in this action, or to any judge or magistrate judge, for purposes of this action, All filings should comply with the privacy protection provisions of Fed. R. Crim. P. 49.1.
6. This Order places no restriction on a defendant's use or disclosure of ESI that originally belonged to the defendant.
Retention of Jurisdiction
7. The provisions of this order shall not terminate at the conclusion of this criminal prosecution and the Court will retain jurisdiction to enforce this Order following termination of the case.
SO ORDERED.