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United States v. Ermoian

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


July 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GARY ERMOIAN, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Oliver W. Wanger

ORDER RE: DEFENDANT GARY ERMOIAN'S MOTION FOR DISCOVERY OF BRADY MATERIAL REGARDING THE SO-CALLED OFFICER SAFETY BULLETIN

At a hearing on July 12, 2010, the Court heard, among other motions, defendant Gary Ermoian's motion for discovery of Brady material regarding the so-called officer safety bulletin and other Brady material (document 505), which was filed July 3, 2010. Assistant U.S. Attorneys Mark E. Cullers and Laurel J. Montoya appeared for the government and attorney John Balazs appeared for Mr. Ermoian. Attorney Carl Faller appeared for defendant Steven J. Johnson and attorney Robert Forkner appeared for defendant Dave A. Swanson.

After hearing argument of counsel, IT IS HEREBY ORDERED that defendant's motion is granted, in part. The government agreed to conduct a diligent search of the relevant investigating agencies' files to determine whether the government possesses any information showing that the Officer Safety Bulletin had not been produced and maintained confidentially by law enforcement officers. In doing so, the questions set forth in Ermoian's motion for discovery may provide guidance for the government's review. If any information existed to show that the Bulletin was not maintained in a confidential manner, the government shall promptly disclose the information to defense counsel.

Hon. Oliver W. Wanger United States District Judge

20100722

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