MELINDA HAAG, United States Attorney, MIRANDA KANE, Chief, Criminal Division, SUZANNE B. MILES, Assistant United States Attorney, San Francisco, California, Attorneys for the United States of America.
STEVEN KALAR, Attorney for Defendant's.
STIPULATION AND [PROPOSED] INTERIM PROTECTIVE ORDER
WILLIAM ALSUP, District Judge.
Plaintiff, United States of America, by and through MELINDA HAAG, United States Attorney for the Northern District of California, and Suzanne B. Miles, Assistant United States Attorney for the Northern District of California, and the defendant, Cesar Agustin Chavez-Orozco, and his attorney Steven Kalar, hereby stipulate and agree as follows:
WHEREAS the defendant is charged in a one count Information charging violations of Title 18, United States Code, section 2252(a)(4)(B). In connection with this Information, the United States is in possession of computer media, materials, and property that it alleges constitute and/or contain images and/or videos of child pornography.
WHEREAS pursuant to Title 18, United States Code, section 3509(m), notwithstanding Fed. R. Crim. P. 16, courts are required to deny defense requests to copy, photograph, duplicate, or otherwise reproduce any property or material constituting child pornography if the United States makes the property or material reasonably available to the defendant and provides ample opportunity for the defense to examine it at a government facility. 18 U.S.C. § 3509(m).
WHEREAS in order to comply with Title 18, United States Code, section 3509(m), and to allow the defendant the greatest opportunity to prepare an effective defense in preparation for trial in this matter, the United States and defendant agree that disclosure of the alleged contraband materials on the seized computer media are subject to the following restrictions:
IT IS HEREBY STIPULATED AND AGREED:
1. The provisions of this Interim Protective Order apply to computer media, materials, and property that the United States alleges constitute and/or contain images and/or videos of child pornography ("alleged contraband materials"). Without conceding that each image and/or video within the alleged contraband materials constitutes child pornography, the defendant agrees that the provisions of this Interim Protective Order apply to the alleged contraband materials. In the event of a dispute as to whether a specific image and/or video constitutes child pornography, the defendant agrees that the provisions of this Interim Protective Order apply unless and until the counsel for the United States agrees in writing that a specific image and/or video is not child pornography or the Court enters an Order to that effect.
2. The following individuals (the "defense team") may obtain and examine the alleged contraband materials under the conditions set forth herein for the sole purpose of preparing the defense and for no other purpose:
a. Counsel for defendant;
b. Persons employed by defense counsel who are assisting with the preparation of the defense;
c. Defendant, but only in the presence of his/her attorney;
d. Any expert retained on behalf of the defendant to assist in the ...