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United States v. Sanwal

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 20, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RISHI SANWAL, DEFENDANT
VICKI ZITO, VICTIM REPRESENTATIVE

The opinion of the court was delivered by: Edward J. Garcia, Judge United States District Court

ORDER RE: DISCLOSURE OF SUBPOENAED RECORDS

Following an in camera session between the court and Kelli Luther, counsel for the victim representative, the court issues the following order.*fn1 After reviewing the confidential juvenile records of the victim received pursuant to subpoenas duces tecum from El Dorado County Superior Court and El Dorado County Probation Office, as well as the law, the court has determined that certain information from the records will be disclosed in a summary form; however, no documents themselves will be disclosed.

Case law allows disclosure of the "fact of adjudication" and the "fact of probationary status", but prohibits disclosure of details of the circumstances of the adjudications. See Camitsch v. Risley, 705 F.2d 351, 354 (9th Cir. 1983). See also, Guam v. Viloria, 1995 WL 309200 * 2 (9th Cir., filed May 19, 1995) (unpublished opinion). Thus, it is the court's intent to provide, in summary form, the title and date of adjudication of any impeaching priors of the victim, as well as the fact of any probationary status of the victim.

The summary will be sealed and will be subject to the terms of a protective order to be prepared by the attorneys for the parties and the victim. Pursuant to appellate direction, this "turnover" order is stayed for ten days from the date of filing to allow counsel for the victim an opportunity to seek relief from the Ninth Circuit. All documents received pursuant to the subpoenas will be maintained by the court and will remain sealed.

IT IS SO ORDERED.


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