MELINDA HAAG (CABN 132612), United States Attorney, J. DOUGLAS WILSON (DCBN 412811), Chief, Criminal Division, CASEY O'NEILL (NYBN 4715363), Special Assistant United States Attorney, San Jose, CA, Attorneys for the United States of America.
AGREEMENT AND [PROPOSED] PROTECTIVE ORDER REGARDING DISCOVERY MATERIALS
LUCY H. KOH, District Judge.
With the agreement of the parties who have thus far appeared in this action and with the consent of defendant Maria Esperanza Salinas ("defendant"), the Court enters the following Order.
Defendant is charged with a violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(viii), Possession with Intent to Distribute, and Distribution of, Methamphetamine. Per defendant's Rule 16 request, the United States will produce to defense counsel documents and audio and video recordings pertaining to the defendant and the charged drug transaction (the "DISCOVERY MATERIALS"), in lieu of making further DISCOVERY MATERIALS available for review only. The DISCOVERY MATERIALS are deemed produced pursuant to the following restrictions:
1. Except when actively being examined for the purpose of the preparation of the defense of defendant, the DISCOVERY MATERIALS shall be maintained in a locked or otherwise secure drawer, cabinet, safe or password-protected electronic device (e.g., computer, memory stick), which is accessible only to defense counsel, members of his or her law firm who are working with him or her to prepare defendant's defense, and his or her investigator(s). Defense counsel, members of his or her law firm, defendant, and the investigator(s) shall not permit any person access of any kind to the DISCOVERY MATERIALS except as set forth below.
2. The following individuals may examine the DISCOVERY MATERIALS for the sole purpose of preparing the defense of defendant and for no other purpose:
a) counsel for defendant;
b) members of defense counsel's law office or other individuals working with defense counsel who are assisting with the preparation of defendant's defense, including experts retained or consulted by defense counsel;
c) defendant, but only in the presence of defense counsel or another authorized person listed in this paragraph (defendant may not take or maintain the DISCOVERY MATERIALS or copies thereof, except this restriction shall not apply to the materials at Bates Nos. USA_SAL000044 - USA_SAL000048, and defense counsel reserves the right to propose that additional materials be exempted from this restriction, which materials shall be exempted only if the Government consents or the Court so orders);
d) investigators retained by defendant to assist in the defense of this matter; and
e) any other attorney, support staff or prospective witness, but only insofar as defense counsel reasonably deems it necessary to review or discuss the materials with such a person to afford the defendant effective assistance of counsel.
If defense counsel determines that additional persons are needed to review the DISCOVERY MATERIALS, he or she must obtain a further order of the Court before allowing any other individual to review the materials.
3. A copy of this Order shall be maintained with the DISCOVERY MATERIALS at all times.
4. All individuals other than defendant and defense counsel and employees of defense counsel who receive access to the DISCOVERY MATERIALS, prior to receiving access to the materials, ...