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United States

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Jun 20, 2014
13-0169 CRB (N.D. Cal. Jun. 20, 2014)

Opinion

          MELINDA HAAG, United States Attorney, J. DOUGLAS WILSON Chief, Criminal Division, TIMOTHY J. LUCEY, PHILIP A. GUENTERT, Assistant United States Attorneys, San Jose, CA, Attorneys for the Untied States of America.

          BRUCE C. FUNK, Attorney for defendant ALFRED J. VILLALOBOS.

          WILLIAM J. PORTANOVA, Attorney for defendant, FEDERICO BUENROSTRO, aka Fred Buenrostro.


          STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING DEFENSE RE-TESTING OF CERTAIN EXHIBIT

          CHARLES R. BREYER, District Judge.

         By stipulation of the parties, and pursuant to Federal Rule of Criminal Procedure 16(a)(1)(E), the Court ORDERS as follows:

         The government shall allow the defense to have access to the below-listed exhibits:

         as reported in the United States Postal Inspection Service (USPIS) Report, USPIS Case Number 1827924-MF, dated August 24, 2010 (Bates Nos. USPIS-00006 to USPIS-00008) and October 10, 2010 (Bates Nos. USPIS-00001 to USPIS-00005), in order conduct a forensic examination of those exhibits at the offices of the experts designated by the defense;

The government reserves the right to challenge the admissibility of any evidence either or both defendants may seek to introduce at trial through, or pertaining to, either or both of these putative expert.

         IT IS FURTHER ORDERED that within five calendar days of the entry of this Order or as soon as practicable thereafter a USPIS Postal Inspector shall hand deliver the exhibits to David S. Moore (the "defense expert designed by Mr. Buenrostro, " whom defense counsel for Mr. Buenrostro represents has been retained by Mr. Buenrostro for this litigation);

         IT IS FURTHER ORDERED that upon delivery of the materials to Mr. Moore, the defense expert for Mr. Buenrostro, a USPIS Postal Inspector will remain present in the immediate area while the defense expert conducts his forensic examination of the exhibits. Upon completion of the forensic examination of the exhibits, the defense expert shall return the exhibits to the USPIS Postal Inspector in attendance;

         IT IS FURTHER ORDERED that within five calendar days of the return of the exhibits from Mr. Moore to the USPIS, or as soon as practicable thereafter, a USPIS Postal Inspector shall hand deliver the exhibits to Patricia Fisher (the "defense expert designed by Mr. Villalobos, " whom defense counsel for Mr. Villalobos represents has been retained by Mr. Villalobos for this litigation);

         IT IS FURTHER ORDERED that upon delivery of the materials to Patricia Fisher, the defense expert for Mr. Villalobos, a USPIS Postal Inspector will remain present in the immediate area while the defense expert conducts her forensic examination of the exhibits. Upon completion of the forensic examination of the exhibits, the defense expert shall return the exhibits to the USPIS Postal Inspector in attendance;

         IT IS FURTHER ORDERED, pursuant to Federal Rule of Criminal Procedure 16(b)(1)(B), that within ten calendar days of completing their respective analyses of the exhibits, each defense counsel will provide the government a copy of the results or report resulting from that analysis, if that defendant intends to use in his case-in-chief at trial or at sentencing the results, report, or any other evidence pertaining to the analysis of his designated expert; and,

         IT IS FURTHER ORDERED that the defense experts are to safeguard the exhibits, preserving the chain of custody and authenticity of the documents in a manner faithfully to protect the integrity of the exhibits;

         IT IS FURTHER ORDERED that the defendants hereby expressly stipulate and agree that any failure by their respective designated defense experts to follow the aforementioned procedures will render any form of evidence pertaining to the defense analysis of the exhibits and samples scientifically unreliable and inadmissible;

         IT IS FURTHER ORDERED that the defendants expressly stipulate and agree that both defendants waive any issue as to chain of custody and/or authenticity relating to the underlying exhibits as result of the testing contemplated by this stipulation and order and to be performed by either one of the designated defense experts, including any failure, willful or not, by either designated defense expert to maintain the proper chain-of-custody or damage or otherwise alter the exhibits. Both defendants expressly agree that neither defendant will make any objection to the admission of the exhibits themselves, or government evidence pertaining to or derived from those exhibits, based on the failure, willful or not, by either defendant or either designated defense expert, to maintain the proper chain-of-custody or damage or otherwise alter the exhibits.

         IT IS SO ORDERED that disclosure of the above-described materials shall be restricted as set forth above.


Summaries of

United States

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Jun 20, 2014
13-0169 CRB (N.D. Cal. Jun. 20, 2014)
Case details for

United States

Case Details

Full title:UNITED STATES OF AMERICA v. ALFRED J. VILLALOBOS, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Jun 20, 2014

Citations

13-0169 CRB (N.D. Cal. Jun. 20, 2014)