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United States v. Wells

November 24, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TYRELL M. WELLS, DEFENDANT.



The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER ON MOTIONS FOR DISCOVERY (Docs. 21, 22)

Before the Court is the motion filed by the Defendant for discovery and the responsive motion filed by the government. The Court heard argument on this motion on November 18, 2010 and, as set forth below GRANTS the Defendant's motion. As to the government's request for reciprocal discovery and the government's request for notice of an insanity defense under Federal Rules of Criminal Procedure 12.2, the requests are GRANTED. The government's request for alibi information under Federal Rules of Criminal Procedure 12.1 is DENIED WITHOUT PREJUDICE.

I. Categories of Discovery by Defense

A. Defendant's statements - The government had no opposition to this request but indicated that all such statements have been provided. To the extent that there are any statements not yet disclosed, the motion is GRANTED.

B. Relevant documents or tangible objects

1. All recordings of investigative interviews

The government had no opposition to this request but indicated that it had provided a copy of the investigative interviews conducted by the Kern County Sheriff's Office. However, parts of the tape provided by the KCSO, from which the defense's copy was made, were inaudible. Therefore, the Court ORDERS the government to arrange a time convenient to the defense and the KCSO for defense counsel to listen to the original tape held in the custody of the KCSO. To the extent that there are any other recorded interviews not yet disclosed, the motion is GRANTED.

2. Documents or tangible objects related to pretextual phone calls The government indicated that all documents related to the pretextual

phone calls have been produced and that there are no or tangible items documents related to the pretextual phone calls. To the extent that there are any documents or items not yet disclosed, the motion is GRANTED.

3. Phone and communication records

The government indicated it is unaware of any such records. To the extent that such records are obtained by the government, the motion is GRANTED.

4. Contemporaneous notes and reports

The government indicated that all such documents have been produced except for reports produced to the Court for an in camera review. The Court has conducted this review and GRANTS the motion and ORDERS that all documents produced for the in camera review to be produced to the defense.

5. Controlling policies and training documents regarding the preservation of notes and evidence The Court GRANTS the motion and ORDERS that all policies and training documents related to the preservation of notes and evidence governing the investigating military officers to be produced to the defense. To the extent that the government has the policies and training documents for the investigating officers ...


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