IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 9, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
ROBERT HOLLOWAY, ET. AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Oliver W. Wanger
ORDER RE: DEFENDANT GARY ERMOIAN'S MOTION FOR EXCULPATORY AND IMPEACHMENT MATERIALS IN THE PERSONNEL FILES OF GOVERNMENT AGENTS
At a hearing on October 5, 2009, the Court heard, among other motions, defendant Gary Ermoian's motion for exculpatory and impeachment material in the personnel files of government agents, which was filed May 20, 2009. Assistant U.S. Attorneys Mark E. Cullers and Laurel J. Montoya appeared for the government and John Balazs, Esq., appeared for Mr. Ermoian. Other defense counsel joined in the motion.
After hearing argument of counsel, IT IS HEREBY ORDERED that defendant's motion is granted as follows:
1. Within 20 days of the hearing of this motion unless the government has already done so, the government shall conduct a review of the personnel files of all government agents whom it has called as witnesses at any evidentiary hearing in this case or whom it intends to call as witnesses at any future evidentiary hearing or trial in this case. This would include the following witnesses who have already testified at various hearings in this case: (1) FBI agent Nathan Elias Terry Seese and Stanislaus County District Attorney investigator Kirk Bunch (bail hearing witnesses); and (2) ATF agent Dennis Downs, ATF agent Michael Gleysteen, ATF agent Christopher Bort, Modesto Police Department Detective Terry Seese, and Stanislaus District Attorney Investigator Mark Smith ("Cefalu" motion hearing witnesses). The government's review shall include agents' federal personnel file and, where applicable, their local agency personnel files.
2. By November 1, 2009, the government shall provide to defense counsel or make available to the Court for further review, any exculpatory or impeachment material in its government agent witnesses' personnel files pursuant to its obligations under United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991).
IT IS SO ORDERED.
Oliver W. Wanger UNITED STATES DISTRICT JUDGE
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