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.
STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING DISCOVERY MATERIALS
LUCY H. KOH, District Judge.
Upon government motion, after argument, and by stipulation of the parties as to form, the Court enters the following Order pursuant to Federal Rule of Criminal Procedure 16(d)(1):
Defendant is charged with violations of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii) and 841(b)(1)(B)(viii), Possession with Intent to Distribute, and Distribution of, Methamphetamine. Per defendant's request, the United States will produce certain materials, including documents and audio and video recordings, pertaining to the defendant and the charged drug transactions (hereinafter, the "DISCOVERY MATERIALS") to defense counsel, in lieu of making those DISCOVERY MATERIALS available for review only. All such materials, with the exception of the defendant's criminal history report and accompanying criminal records, lab testing results for drugs recovered, certain phone records, and documents pertaining to a search of 1090 Lakebird Drive, Sunnyvale, CA, shall be designated "PROTECTED MATERIALS" by the government and are deemed produced pursuant to the following restrictions:
1. Except when actively being examined for the purpose of the preparation of the defense of defendants, the DISCOVERY MATERIALS shall be maintained by defense counsel in a secure location. 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;
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); and
d) investigators, experts, or other third-party consultants retained by defendant to assist in the defense of this matter (not including prospective witnesses or interviewees).
If defense counsel determines that additional persons are needed to review the
DISCOVERY MATERIALS, he or she must obtain either the United States' consent or a further order of the Court before allowing any other individual to review the materials, provided, however, that nothing in this Order shall: (i) prevent the defendant or the defense from disclosing information known to it independently of the DISCOVERY MATERIALS, including disclosure of the identity of the confidential informant if necessary to prepare the defense case; (ii) prevent the defense from interviewing prospective witnesses regarding the information contained in the DISCOVERY MATERIALS without prior consent from the United States or a prior Court order, so long as (1) the identity of the confidential informant is not disclosed except as provided for in ¶ 2(d)(i), and (2) any DISCOVERY MATERIALS are redacted before being shown to any third-party (but in no event shall any third-party other than those identified in ¶ 2(a)-(b), (d) be permitted to retain a copy of the DISCOVERY MATERIALS); or (iii) prevent the defense from attempting to contact or interview the confidential informant.
3. A copy of this Order shall be maintained with the DISCOVERY MATERIALS at all times.
4. All individuals other than defense counsel and defendant who receive access to the DISCOVERY MATERIALS, prior to receiving access to the materials, shall ...