Opinion
No. 02 CR 366
July 8, 2002
MEMORANDUM ORDER
At the last status hearing in this case on June 25, 2002, it turned out that the government had not yet filed its response to the motions that had earlier been timely filed on behalf of defendant Ramona Jamaleddin ("Jamaleddin"). This Court then granted Jamaleddin's unopposed motion for the early return of trial subpoenas, and it asked government counsel to file a brief response to the other pending motions. That brief response was filed on the same day, so that the motions are ripe for disposition.
Jamaleddin's "Motion for Immediate Disclosure of Favorable Evidence" and her "Motion for Disclosure of Evidence Which May Lead to the Impeachment of Any Government Witness" have been met with the government's standard response based on the United States Attorney's "open file" policy. As is pointed out correctly by government counsel, those requests are overbroad to the extent that they go beyond the requirements of Fed.R.Crim.P. ("Rule") 16. This Court therefore simply orders the United States to comply with its obligations under Rule 16 and its Brady and Giglio obligations, but not more. It should be noted that this ruling together with the government's acknowledgment of its obligations do not render Jamaleddin's motion moot (something that the government always urges by reason of its having acknowledged its obligations in those respects).
Next, to the extent that Jamaleddin's motions call for the disclosure of Jencks Act materials ( 18 U.S.C. § 3500), this Court cannot of course override the statutory provision that specifies the timing of the government's required disclosures. Instead this Court welcomes the government's commitment to provide such Jencks Act materials to defense counsel not later than three weeks before the date of commencement of trial or, as to any witness not yet known to government counsel, as soon as such witness is identified.
Finally, as to Jamaleddin's "Motion for Notice of Intention To Use Evidence of Other Crimes, Acts and Wrongs of Defendant," this Court also orders all such Fed.R.Evid. 404(b) material to be produced three weeks before the commencement of trial. If the government were to claim that any such material has not been available early enough to provide that much lead time, it must file a motion asking leave for later production.