Opinion
3:20-CR-269
08-01-2022
UNITED STATES OF AMERICA v. THOMAS HARTLEY, Defendant.
ORDER
Robert D. Mariani United States District Judge
AND NOW, THIS 1st DAY OF AUGUST 2022, for the reasons set forth in this Court's accompanying Memorandum Opinion, upon consideration of Defendant Thomas Hartley's Motion for Early Disclosure of Jencks Act Material and Grand Jury Transcripts (Doc. 122) and Defendant's Motion for the Disclosure of the U.S. Army Declination and Brady Material Pursuant to Fed. R. Crim. P. (5)(f)(1) and Brady v. Maryland, 373 U.S. 83 (1963) (Doc. 84), IT IS HEREBY ORDERED THAT:
1. Defendant's Motion for Early Disclosure of Jencks Act Material and Grand Jury Transcripts (Doc. 122) is DENIED IN PART AND GRANTED IN PART:
a. Defendant's request for early disclosure of Jencks Act material is DENIED.
b. Defendant's request for the disclosure of grand jury transcripts is DENIED.
c. Defendant's request for the production of “any documents [in the Government's possession] which contradict their theory of how BAH is calculated” (Doc. 123 at 4-5) as Brady material is GRANTED, to wit, the Government shall produce, within 14 days of the date of this Order, any documents in its possession which contradict the Government's assertion as to how BAH is calculated and fall under the requirement of Brady v. Maryland, 373 U.S. 83 (1963) that evidence that is “material either to guilt or punishment" be turned over to the defendant.
2. Defendant's Motion for the Disclosure of the U.S. Army Declination and Brady Material Pursuant to Fed. R. Crim. P. 5(f)(1) and Brady v. Maryland, 373 U.S. 83 (1963) (Doc. 84) is DENIED.
3. Notwithstanding the Court's denial of Defendant's Motion for the Disclosure of the U.S. Army Declination and Brady Material Pursuant to Fed. R. Crim. P. 5(f)(1) and Brady v. Maryland, 373 U.S. 83 (1963) (Doc. 84), to the extent that the Government has any other documents in its possession, that fall within its obligation under Brady v. Maryland, 373 U.S. 83 (1963) to turn over material that is “material either to guilt or punishment,” the Government shall provide such documents to Defendant in accordance with Brady and shall do so within 14 days of the date of this Order.