Opinion
Criminal Action No.: 11-cr-00038-JLK
08-09-2011
UNITED STATES OF AMERICA, Plaintiff, v. GARY DOUGLAS WATLAND, Defendant.
Senior Judge John L. Kane
Michael P. Carey
Kurt J. Bohn
Patrick J. Burke (via video conference)
Nathan D. Chambers
Gail K. Johnson
COURTROOM MINUTES
Motions Hearing
10:08 a.m. Court in session.
Court calls case. Appearances of counsel. Also present, via video conference, Patrick J. Burke. Defendant present in custody via video conference.
Preliminary remarks by the Court.
ORDERED: Request by Mr. Burke to allow the Defendant's right hand to be uncuffed for today's hearing is GRANTED, as specified.
Carmen Roberts, paralegal at the Bureau of Prisons, states that the Defendant cannot be uncuffed without approval from the warden.
The Court admonishes Ms. Roberts, regarding noncompliance with its ruling.
ORDERED: The Bureau of Prisons staff shall comply the Court's ruling to allow the Defendant to appear with his right hand uncuffed during today's hearing.
Discussion regarding the status of discovery.
10:16 a.m. Argument by Mr. Carey. Questions by the Court.
Comments by the Court.
10:21 a.m. Argument by Ms. Johnson. Questions by the Court.
11:20 a.m. Further argument by Mr. Carey.
11:32 a.m. Argument by Ms. Johnson.
11:40 a.m. Comments and rulings by the Court.
ORDERED: Motion For Specific Discovery And Brady Material And Information (Filed 6/1/11; Doc. No. 101) is GRANTED, as specified.
Argument on Documents 99, 100, and 112.
11:54 a.m. Argument by Mr. Chambers.
11:58 a.m. Argument by Mr. Carey.
11:59 a.m. Argument by Mr. Chambers.
Comments and rulings by the Court regarding the following:
Motion For Release Of Grand Jury Materials (Filed 6/1/11; Doc. No. 99). Motion For Disclosure Of Grand Jury Materials That Are Ministerial (Filed 6/1/11; doc. No. 100). Motion By Government To Disclose Grand Jury Matter (Filed 6/21/11; Doc No. 112).
ORDERED: The motions are GRANTED IN PART, and DENIED IN PART. Specifically as follows:
1. GRANTED regarding transcripts, exhibits, instructions and minutes of the grand jury. DENIED as to colloquy.
2. Disclosure is limited to defendant, defense counsel, defense criminal investigators and paralegals. Shall not be disclosed to experts, putative witnesses or others.
ORDERED: Motion Regarding Timing of Rule 12.2 Notice (Filed 6/15/11; Doc. No. 104) is GRANTED, as specified. Disclosure is due by September 9, 2011.
Argument on Doc. No. 105.
ORDERED: Mr. Watland's Motion To Modify Protective Order Requested by The Government And Issued By The Court (Doc. 12) [Filed 6/15/11; Doc. No. 105] is GRANTED.
12:00 p.m. Further argument by Mr. Carey.
Argument on cross-motions to seal
12:13 p.m. Argument by Mr. Chambers.
ORDERED: Government's Motion To Seal Document 123 (Filed 7/6/11; Doc. No. 127) is GRANTED.
ORDERED: Mr. Watland's Motion To Seal Paragraph 4 Of document 123 As Well As The Three Attachments To Document 123 (Filed 7/7/11; Doc. No. 129) is GRANTED.
Comments by Ms. Johnson regarding medical care need for Defendant.
Counsel is advised by the Court to file a motion regarding the Defendant's continued need for medical care.
Defendant's counsel shall meet in Chambers immediately following today's hearing for an ex parte discussion.
12:20 p.m. Court in recess.
Hearing concluded.
Time in court - 02:12