Opinion
22Cr.117
03-16-2022
United States of America v. Jacques Jean, Lourdes Ivette Pazo, Defendants.
DAMIAN WILLIAMS UNITED STATES ATTORNEY STEVEN J. KOCHEVAR ASSISTANT UNITED STATES ATTORNEY BEN GOLD COUNSEL FOR JACQUES JEAN LARRY SHEEHAN COUNSEL FOR LOURDES IVETTE PAZO
DAMIAN WILLIAMS UNITED STATES ATTORNEY
STEVEN J. KOCHEVAR ASSISTANT UNITED STATES ATTORNEY
BEN GOLD
COUNSEL FOR JACQUES JEAN
LARRY SHEEHAN
COUNSEL FOR LOURDES IVETTE PAZO
AMENDED PROTECTIVE ORDER
HONORABLE CATHY SEIBEL UNITED STATES DISTRICT JUDGE
Upon the application of the United States of America, with the consent of the undersigned Counsel, the Court hereby finds and orders as follows:
1. Disclosure Material The Government has made and will make disclosure to the defendants of documents, objects and information, including electronically stored information ("ESI"), pursuant to Federal Rule of Criminal Procedure 16, 18 U.S-C §3500, and the Government's general obligation to produce exculpatory and impeachment material in criminal cases, all of which will be referred to herein as "disclosure material." The Government's disclosure material may include material that (i) affects the privacy and confidentiality of individuals; (ii) would impede, if prematurely disclosed, the Government's ongoing investigation of uncharged individuals; (iii) would risk prejudicial pretrial publicity if publicly disseminated; and (iv) that is not authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense of this criminal case.
2. Sensitive Disclosure Material. Certain of the Government's disclosure material, referred to herein as "sensitive disclosure material," Contains information that identifies, or could lead to the identification of, witnesses who may be subject to intimidation or obstruction, and whose lives, persons, and property, as well as the lives, persons, and property, of loved ones, will be subject to risk of harm absent the protective considerations set forth herein. The Government's designation of material as sensitive disclosure material will be controlling absent contrary order of the Court.
3. Attorney's Eyes Only Material. Certain of the Government's disclosure material, referred to herein as "attorneys' eyes only disclosure material," contains information that identifies, or could lead to the identification of, witnesses who may be subject to intimidation or obstruction and whose lives, persons, and property, as well as the lives, persons and property of loved ones, will be subject to risk of harm absent the protective considerations set forth herein. The Government's designation of material as attorneys' eyes only disclosure material will be controlling absent contrary order of the Court.
NOW, THEREFORE, FOR GOOD CAUSE SHOWN, FT IS HEREBY ORDERED:
1. Disclosure material shall not be disclosed by the defendant or defense counsel, including any successor counsel ("the defense'*) other than as set forth herein, and shall be used by the defense solely for purposes of defending this action. The defense shall not post any disclosure material on any Internet site or network site to which persons other than the parties hereto have access, and shall not disclose any disclosure material to the media of any third party except as set forth below.
2. Disclosure material that is not sensitive disclosure material may be disclosed by counsel to:
(a) Personnel for whose conduct counsel is responsible, i.e., personnel employed by or retained by counsel, as needed for purposes of defending this action;
(b) Prospective witnesses for purposes of defending this action.
3. Sensitive disclosure material shall be disclosed only as follows:
(a) No copies of sensitive disclosure material may be provided to or maintained by the defendant or any prospective witnesses, and may be reviewed by the defendant or prospective witnesses only in defense counsel's presence.
(b) Sensitive disclosure material may be disclosed to personnel for whose conduct Counsel is responsible, Le., personnel employed by or retained by counsel, as needed for purposes of defending this action.
4. Attorneys' eyes Only disclosure material shall be disclosed only to the attorneys for the defendants and may not be disclosed be provided to Or reviewed by defendants.
5. The Government may authorize, in writing, disclosure of disclosure material beyond that Otherwise permitted by this Order without further Order of this Court. In the event of any dispute regarding the terms of this order, or regarding the designation of particular material as sensitive disclosure material of attorneys' eyes only disclosure material, the parties shall meet and attempt to resolve the dispute. If the parties are unable to resolve the dispute, defense counsel retains the ability to seek modification by the Court. Absent a contrary order of the Court, the Government's designation of material as sensitive disclosure material or attorneys' eyes only disclosure material shall be controlling.
6. This Order does not prevent the disclosure of any disclosure material in any hearing or trial held in this action, or to any judge or magistrate judge, for purposes of this action. However, sensitive disclosure material or attorneys' eyes only material pertinent to any motion before the Court should initially be filed under seal, absent consent of the Government or Order of the Court. All filing? should comply with the privacy protection provisions of Fed. R. Crim. P. 49.1.
7. The Government has advised that information that may be subject to disclosure in this case may be contained within ESI that the Government has seized, pursuant to warrants issued during the course of the investigation, from various computers, cell phones, and other devices and storagemedia. This ESI was seized from Jacques Jean and Lourdes Ivette Pazo: Upon consent of all counsel, the Government is authorized to disclose to counsel for the defendants, for use solely as permitted herein, the entirety of such seized ESI as the Government believes may contain disclosure material ("the seized ESI disclosure material")- Jacques Jean, Lourdes Ivette Pazo, defense counsel, and personnel for whose conduct counsel is responsible, i.e, personnel employed by or retained by counsel, may review the seized ESI disclosure material to identify items pertinent to the defense. They shall hot further disseminate or disclose any portion of the seized ESI disclosure material except as otherwise set forth under tins Order.
8. Except for disclosure material that has been made part of the record of this case, the defense shall return to me Government or securely destroy or delete all disclosure material, including the seized ESI disclosure material within 30 days of the expiration of the period for direct appeal from any verdict in the above-captioned case; the period of direct appeal from any order dismissing any of the charges in the above-captioned case; or the granting of any motion made on behalf of the Government dismissing any charges in the above-captioned case, whichever date is later, subject to defense counsel's obligation to retain client files under the Rules of Professional Conduct. If disclosure material is provided to any prospective witnesses, counsel shall make reasonable efforts to seek the return or destruction of such materials.
9. the defense shall provide a copy of this Order to prospective witnesses and persons retained by counsel to whom the defense has disclosed disclosure material or the Government's ESI production, All such persons shall be subject to the terms of this Order. Defense counsel shall maintain a record of what information has been disclosed to which such persons.
10. This Order places no restriction on a defendant's use or disclosure of ESI mat originally belonged to the defendant.
11. This Order replaces and supersedes the Protective Order in this matter dated March 10, 2022.
Retention of Jurisdiction
12. The provisions of this order shall not terminate at the conclusion of mis criminal prosecution and the Court will retain jurisdiction to enforce mis Order following termination of the case, SO ORDERED.