Opinion
2:11-CR-340-PMP-CWH
05-06-2013
ORDER
Having read and considered Defendant Middleton's Request for Court Order Allowing Defendant's Forensic Expert, Leon Mare, to Take Possession and Custody of Two Cell Phones in Evidence (Doc. #134) and the Government's Response thereto (Doc. #136) and good cause appearing,
IT IS ORDERED that Defendant Middleton's Motion/Request (Doc. #134) is GRANTED to the extent that Defendant's Forensic Expert, Leon Mare, shall be permitted to conduct a forensic examination of the two cell phones at issue in the presence of a Government forensic expert who shall produce the cell phones in question for Mare's examination at a laboratory jointly agreed to by counsel for Defendant and the Government, and shall thereafter return the same to Government custody for preservation until the re-trial in this case.
IT IS FURTHER ORDERED that the cell phone examination provided for herein shall be accomplished withing thirty (30) days of the date of this order.
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PHILIP M. PRO
United States District Judge