UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CRIMINAL DIVISION
October 6, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
JOSE ALFARO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: The Honorable Manuel Real United States District Judge
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION TO FOR DISCLOSURE OF MINISTERIAL GRAND JURY RECORDS AND FINDINGS THERETO
Having heard from plaintiff, the United States of America, by and through its counsel of record, the United States Attorney for the Central District of California, and defendant DAVID RIVERA, by and through the authorized representative of his counsel of record, Jeff Price, at a hearing held before this Court on September 16, 2010, and good cause appearing, the Court hereby FINDS AS FOLLOWS
1. The Court read and considered David Rivera's Motion to for Disclosure of Ministerial Grand Jury Records filed on August 2, 2010, and the government's opposition thereto.
2. On September 16, 2010, the Court held a hearing on the motion. Defendant appeared in person with his counsel of record. After hearing argument from the parties, the Court denied in part, and granted in part, defendant's Motion for Disclosure.
3. "Ministerial" grand jury records are those that generally relate to the procedural aspects of the impaneling and operation of the grand jury, as opposed to records which relate to the substance of the grand jury's investigation. In re Special Grand Jury, 674 F.2d 778, 779 n.1. (9th Cir. 1982). Defendant may not obtain non-ministerial material unless defendant demonstrates with particularity the existence of a compelling need that is sufficient to outweigh the policy of grand jury secrecy. United States v. DeTar, 832 F.2d 1110, 1113 (9th Cir. 1987).
4. Of the nine requests, requests 2-3, 5-8, and 9 are denied. Defendant has not demonstrated any need for the information he requests. Requests 2-3 and 5-8 are for nonministerial records. Non-ministerial records are protected under Fed. R. Crim. Pro. 6(e), and implicate grand jury privacy considerations. Defendant has demonstrated no particularized need for any of the information, and thus his requests are denied. Request 9 is for non-secret material, but defendant has made no showing of any need for the information, and thus his request is denied.
5. Requests 1 and 4 are requests for ministerial records. The Court orders these two items disclosed to defendant, but no identifying information may be disclosed.
THEREFORE, FOR GOOD CAUSE SHOWN:
IT IS HEREBY ORDERED that defendant David Rivera's Motion to for Disclosure of Ministerial Grand Jury Records is granted as to requested items 1 and 4, with the provision that no identifying information may be disclosed.
IT IS FURTHER ORDERED that defendant David Rivera's Motion to for Disclosure of Ministerial Grand Jury Records is otherwise denied.
IT IS SO ORDERED.
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