Opinion
07-CR-47-BR.
February 25, 2010
DWIGHT C. HOLTON, United States Attorney, DAVID L. ATKINSON, Assistant United States Attorney, Portland, OR, Attorneys for Plaintiff.
STEVEN T. WAX, Federal Public Defender, CHRISTOPHER J. SCHATZ, Assistant Federal Defender, Portland, OR, Attorneys for Defendant.
ORDER
This matter comes before the Court on Defendant's Motion (#15) to Produce Federal Rule of Evidence 16(a)(1)(G) Statement(s) of Expert Witness(es) No Later than Thirty Days Prior to Trial, Defendant's Motion (#16) for Order Directing Government to Provide Rule 404(b) Notice Thirty Days in Advance of Trial, Defendant's Motion (#17) to Produce Brady Material and Cooperation Agreements and Satisfaction of Prosecutor's Duty of Inquiry and Henthorn Review, Defendant's Motion (#19) for Specification of Evidence Government Intends to Use at Trial, and the government's Motion (#50) for Psychiatric Exam/Treatment.
On February 19, 2010, the parties filed a Joint Statement (#72) Re Status of Pending Motions — Docket Nos. 15, 16, 17, 19, 50, and 66 in which they advised the Court in pertinent part:
1. As to Defendant's Motion for Production of Federal Rule of Evidence 16(a)(1)(g) Statement(s) of Expert Witness(es) No Later than Thirty Days Prior to Trial, the parties jointly agreed to produce Rule 16(a)(1)(g) expert-witness summary of testimony statements on or before May 10, 2010.
2. As to Defendant's Motion for Order Directing Government to Provide Rule 404(b) Notice Thirty Days in Advance of Trial, the government advised it intends to offer evidence pertaining to the activities of the Zvornik Brigade's involvement in genocide of Muslim men in and around the City of Zvornik, Bosnia-Herzegovina, in July of 1995. The government also advised this testimony will be offered through its expert witness, Richard Butler. The government agreed to provide notice of any additional Rule 404(b) evidence to Defendant no later than May 10, 2010.
3. As to Defendant's Motion for Production of Brady Material and Cooperation Agreements and Satisfaction of Prosecutor's Duty of Inquiry and Henthorn Review, the government agreed it would turn over all identified Brady material and respond to Defendant's Henthorn request no later May 10, 2010.
4. As to Defendant's Motion for Specification of Evidence Government Intends to Use at Trial, the government states it has turned over all reports and other written materials setting forth statements made by Defendant. In the event new evidence and/or information is developed by the government in the course of trial preparation, including additional statements made by Defendant, the government will make that evidence and/or information available to defense counsel forthwith.
5. As to the government's Motion for Mental Examination of Defendant, Defendant agrees to cooperate with the government to schedule such an examination. The government has not yet identified an examiner nor have the parties resolved the question whether an interpreter must be used. Nevertheless, the parties will strive to resolve these issues and others as they arise. In the event a resolution by way of conferral cannot be reached, those issue(s) shall be submitted to the Court for resolution.
Based on the parties' Joint Statement, the Court
1. GRANTS Defendant's Motion (#15) to Produce Federal Rule of Evidence 16(a)(1)(G) Statement(s) of Expert Witness(es) No Later than Thirty Days Prior to Trial and DIRECTS the parties to produce Rule 16(a)(1)(g) expert-witness summary of testimony statements on or before May 10, 2010.
2. GRANTS Defendant's Motion (#16) for Order Directing Government to Provide Rule 404(b) Notice Thirty Days in Advance of Trial and DIRECTS the government to provide notice to Defendant of any additional Rule 404(b) evidence no later than May 10, 2010.
3. GRANTS Defendant's Motion (#17) to Produce Brady Material and Cooperation Agreements and Satisfaction of Prosecutor's Duty of Inquiry and Henthorn Review and DIRECTS the government to produce all identified Brady material and to respond to Defendant's Henthorn request no later than May 10, 2010.
4. DENIES as moot Defendant's Motion (#19) for Specification of Evidence Government Intends to Use at Trial.
5. GRANTS the government's Motion (#50) for Psychiatric Exam/Treatment of Defendant.
IT IS SO ORDERED.