Opinion
15 Cr. 854 (SHS)
05-31-2022
UNITED STATES OF AMERICA v. JEAN BAPTISTE, Defendant.
DAMIAN WILLIAMS United States Attorney Courtney Heavey Mathew Andrews Assistant United States Attorneys Thomas Nooter, Esq. Counsel for JEAN BAPTISTE
DAMIAN WILLIAMS United States Attorney
Courtney Heavey Mathew Andrews Assistant United States Attorneys
Thomas Nooter, Esq. Counsel for JEAN BAPTISTE
THE HONORABLE SIDNEY H. STEIN UNITED STATES DISTRICT JUDGE
Upon the application of the United States of America, Damian Williams, United States Attorney for the Southern District of New York, by and through Assistant United States Attorneys Courtney Heavey and Mathew Andrews, of counsel, for an order precluding the dissemination of material produced pursuant to 18 U.S.C. § 3500 (“3500 material”), for the reasons stated in the Government's motion, with the consent of defense counsel, and based on the Court's independent review, it is hereby
ORDERED that (1) defense counsel and the defendant must destroy or return to the Government all 3500 material (including all copies), at the conclusion of the trial of this matter or when any appeal has become final; (2) defense counsel and the defendant are precluded from disseminating any 3500 material (and any copies) to anyone beyond the defendant, defense counsel, and any paralegal or staff employed by the defense; (3) for materials labeled “SENSITIVE, ” which includes materials related to the Government's cooperating witnesses, the defendant himself is precluded from taking hard copies of the 3500 material into any jail facility, or possessing hard copies of any such materials in any jail facility, either before, during, or after trial; except that the defendant may review hard copies of materials marked “SENSITIVE, ” in the possession of defense counsel, when in the presence of defense counsel or any paralegal or staff employed by the defense; and (4) for certain highly sensitive disclosure material labeled “ATTORNEY'S EYES ONLY” or “AEO, ” the materials may only be disclosed to defense counsel and any paralegal or staff employed by the defense, and may not be disclosed to the defendant, absent consent of the Government or order of the Court.
SO ORDERED: