IT IS STIPULATED by the parties, through counsel, Kyle Reardon, Assistant United States Attorney, and Kresta Daly and Kendall Dawson Wasley, attorneys for Mr. Bauer, that the Court should approve the proposed protective order governing the defense expert's forensic examination of the computer data in this case.
In order to effectively represent Mr. Bauer the defense has retained the services of Global CompuSearch. The defense of this case requires a forensic evaluation by a knowledgeable expert of a computer hard drive and compact disc which the government alleges contain images of child pornography. The forensic exam will be scheduled by the parties. The parties have agreed that the attached proposed order should govern the defense examination of the computer media and request that the Court approve the attached proposed order.
DATED: May 10, 2011 Respectfully submitted, KRESTA DALY Attorney for Robert Curtis Bauer DATED: May 10, 2011 KYLE REARDON Assistant United States Attorney
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT CURTIS BAUER, Defendants.
Case No.: S:11-CR-00047-LKK
PROTECTIVE ORDER REGARDING
DEFENSE FORENSIC COMPUTER EXAMINATION
IT IS HEREBY ORDERED AS FOLLOWS:
1. The Sacramento County Sheriff's Department and/or Federal Bureau of Investigation shall make a duplicate copy of the hard drive and any other storage media available for defense analysis.
2. The duplicate copies of the hard drive and storage media shall be made available for defense counsel, Kresta Daly and Kendall Dawson Wasley, and defendant's proposed expert, Marcus Lawson, Global CompuSearch Computer Forensics, or a colleague at the same employer, to review at the High Tech Task Force offices in Sacramento, California for the purpose of preparing for the defense of the above-entitled action. The images on the hard drive and storage media shall not be viewed by any other person unless one of the aforementioned members of the defense team is present and the viewing is necessary to prepare for Mr. Bauer's defense.
3. A private room will be provided for the defense examination. No Government agents will be inside the room during the examination;
4. The expert will be permitted to bring whatever equipment, books, or records he or she believes may be necessary to conduct the examination. The government will provide three computers in the private room for the defense team use as follows: 2 Dell Precision T7400 Dual XEON Quad CPUs (8 cores total) with at least 8GB Ram and Windows XP x64; and,1 HP d530 PC with unmonitored internet access. With advance notice and approval of the Sacramento County Sheriff's Department and/or the FBI, the defense team may install its own software on any of the three computers. At no time will any law enforcement or government agent review or monitor any activity of the three stand alone computers in the private room.
5. Neither the defense expert nor defense attorneys shall remove the hard drive or other storage media from the ...