Opinion
Case No. 3:09-cr-049-1 Civil Case No. 3:13-cv-223
08-12-2013
UNITED STATES OF AMERICA, Plaintiff, v. GREGORY CHEW, Defendant.
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
DECISION AND ORDER REGARDING DISCOVERY
This § 2255 case came on for hearing on August 12, 2013, on the Government's Motion to Interview former defense counsel Jill R. Flagg (Doc. No. 184). Dwight Keller represented the United States and Sasha Alexa M. VanDeGrift represented the Defendant.
Upon consideration, the Court declines to impose on any interview of Ms. Flagg the restrictions requested by the Defendant, to wit, that Mr. Chew's counsel be present and that the interview be recorded. However, the Court grants Defendant's oral motion to depose Ms. Flagg, pursuant to Rule 6 of the Rules Governing § 2255 Cases. No time limit is placed on this deposition and the Court has offered the facilities of the federal courthouse for conducting it so that the Court is available to rule promptly on any objections. The Court has no intention to interfere with the processing of this matter in the usual manner, so that the Government will file an answer and Defendant will file a reply on the schedule embodied in the Order for Answer (Doc. No. 182) before the Court decides finally that an evidentiary hearing will be held and the scope of that hearing. The Court observed to counsel, however, that there are very likely to be credibility issues in this case which will require an evidentiary hearing eventually.
Michael R. Merz
United States Magistrate Judge