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United States of America v. Gabriel Johnson

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


May 10, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GABRIEL JOHNSON,
DEFENDANT.

ORDER RE IN CAMERA REVIEW OF DOCUMENTS PURSUANT TO FED.R.CRIM.P. 17(C) SUBPOENA

On May 5, 2011, a hearing was held before the undersigned on the motion by Real Party in Interest City of Sacramento for in camera review of police personnel records being produced pursuant to a court-authorized subpoena issued under Federal Rule of Criminal Procedure 17(c) and for protective order with respect to any such records ordered produced to the defense in this criminal prosecution. (Doc. No. 53.) Assistant Federal Defenders Douglas Beevers and Matthew Scoble appeared on behalf of defendant Gabriel Johnson, who was present. Assistant U.S. Attorney Daniel McConkie appeared on behalf of the United States. Deputy City Attorney Michael A. Fry appeared on behalf of the moving party, the City of Sacramento.

After hearing from the parties at the hearing, the court granted the motion for in camera review.*fn1 The personnel records were produced to the undersigned for that purpose. Having completed the in camera review, the court concludes that the personnel records produced pursuant to the Rule 17(c) subpoena do not include any information material to witness credibility or sufficiently useful for impeachment purposes that their production to the defense in this case is warranted. Having so found, the request for a protective order is rendered moot. The personnel file will be returned by the court to the Real Party in Interest, City of Sacramento.

IT IS SO ORDERED.


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