Opinion
CASE NUMBER: 10-20123
01-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. DAVID BRIAN STONE, ET. AL., Defendant.
HONORABLE VICTORIA A. ROBERTS
ORDER DENYING AS MOOT DEFENDANTS' MOTION TO COMPEL
DISCLOSURE OF BRADY AND GIGLIO MATERIAL
Defendant David Brian Stone, Jr. moves to compel the Government to disclose certain information (outlined on pages 3-6 of his Motion) if it is favorable to the defense, pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 105 (1972). (Doc. # 480). Defendants Michael Meeks, Thomas Piatek, Tina Mae Stone, Jacob Ward, David Brian Stone, and Joshua Stone join.
The Government says it already provided - or will provide - all Brady and Giglio materials to Defendants. It addresses Defendants' specific requests on pages 4-6 of its Brief in Response. (Doc. # 504).
The Brady doctrine obligates the government to disclose to the defense evidence that is favorable to the accused and material to guilt or punishment. United States v. Presser, 844 F.2d 1275, 1281 (6th Cir. 1988). And, under Giglio, the government must disclose evidence affecting the credibility of a witness whose reliability may be determinative of guilt or innocence. United States v. Blood, 435 F.3d 612, 627 (6th Cir. 2006).
The Government is the sole judge of what information is both favorable to the accused and material to guilt or punishment, and what in its possession is subject to disclosure. Presser, 844 F.2d at 1281. The Government says it already disclosed all known Brady material; therefore, Defendants' Brady request is moot. Likewise, the Government says it agreed to turn over additional Giglio material on January 16, 2012. The Court instructed the Government not to provide that information until it decides the pending motion for protective order. (See Doc. # 557). The Court will rule on that motion shortly, and the Government will be obligated to disclose any known impeaching information. Thus, Defendants' Giglio request is moot as well.
Defendants' Motion to Compel Disclosure of Brady and Giglio material is DENIED AS MOOT.
IT IS ORDERED.
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Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on January 17, 2012.
Linda Vertriest
Deputy Clerk