Discovery Conference Memorandum And Order

1 (Rev. 1/17/2019) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. ) ) JUDGE ASSIGNED: UNITED STATES OF AMERICA, ) Plaintiff, ) ) ESTIMATED TRIAL TIME: ) v. ) ) NUMBER OF DEFENDANTS: ) ) DOCUMENT DISCLOSURE EXTENSIVE Defendant. ) ) ) (Please select one) DISCOVERY CONFERENCE MEMORANDUM AND ORDER INTRODUCTION Rule 16, Federal Rules of Criminal Procedure, is entitled Discovery and Inspection and provides for discovery by both defendant and the government. D.C.COLO.LCrR 17.1.1 requires a discovery conference memorandum and order be entered by a magistrate judge. A defendant may discover certain material as a matter of right without any obligation to permit discovery by the government. However, if the defendant requests certain materials by discovery, namely, documents and tangible objects, as well as reports of examinations and tests, then the defendant is obligated to permit similar discovery by the government. In addition to discovery we will take up the matter of notice, as required by Rules 12.1 and 12.2, Fed.R.Crim.P. if the defense of alibi or mental capacity is contemplated. Further, a date will be set for the filing of all motions. American LegalNet, Inc. www.FormsWorkFlow.com 2 (Rev. 1/17/2019) At the conclusion of this hearing the report will be signed by defendant and/or his counsel, and government counsel, as well as the magistrate judge. The discovery hearing proceedings will be recorded. I. DEFENDANT'S REQUEST FOR DISCOVERY AND NOTICE (A) Request for Rule 16 Material 1. The defendant requests disclosure of the substance of any relevant oral statements made by the defendant, before or after arrest, in response to interrogation by any person the defendant knew to be a government agent if the government intends to use that statement at trial. Rule 16(a)(1)(A). The government states that it will disclose to the defendant and make available for inspection, copying, or photographing such statements in accordance with Rule 16(a)(1)(A). 2. The defendant requests disclosure of any relevant written or recorded statement made by the defendant within the government222s possession, custody, or control, which the attorney for the government knows 226 or through due diligence could know 226 that the statement exists; the portion of any written record containing the substance of any relevant oral statement made before or after arrest if the defendant made the statement in response to interrogation by any person the defendant knew to be a government agent. Rule 16(a)(1)(B)(i) and (ii). 3. The defendant requests disclosure of any recorded testimony of the defendant before a grand jury which relates to the offense charged pursuant to Rule 16(a)(1)(B)(iii). The government states it will permit the defendant to inspect and copy such statements. 4. If government counsel knows of such statements he will so indicate by initialing here. American LegalNet, Inc. www.FormsWorkFlow.com 3 (Rev. 1/17/2019) 5. The defendant requests, if the defendant is an organization, the government222s disclosure to the defendant of any statement described in Rule 16(a)(1)(A) and (B), if the government contends that the person making the statement; (i) was legally able to bind the defendant regarding the subject of the statement because of that person222s position as the defendant222s director, officer, employee, or agent; or (ii) was personally involved in the alleged conduct constituting the offense and was legally able to bind the defendant regarding that conduct because of that person222s position as the defendant222s director, officer, employee or agent. Rule 16(a)(1)(C). 6. The defendant requests a copy of his prior criminal record. The government states it will furnish to the defendant a copy of his prior criminal record, if any, in accordance with Rule 16(a)(1)(D). 7. The defendant, understanding his burden of reciprocal discovery as set forth in Rule 16(b)(1)(A), (requests) (does not request) disclosure of books, papers, documents, data, photographs, tangible objects, buildings or places, and copies or portions thereof, which are within the possession, custody, or control of the government, and which are material to the preparation of his defense, or are intended for use by the government as evidence in chief at the trial, or were obtained from or belong to the defendant. 8. The defendant, understanding his burden of reciprocal discovery as set forth in Rule 16(b)(1)(B), (requests) (does not request) disclosure of any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the American LegalNet, Inc. www.FormsWorkFlow.com 4 (Rev. 1/17/2019) government, and which are material to the preparation of the defense or are intended for use by the government as evidence in chief at the trial. 9. The defendant, understanding his burden of reciprocal discovery as set forth in Rule 16(b)(1)(C), (requests) (does not request) disclosure of a written summary of testimony the government intends to use under Rule 702, 703, or 705 of the Federal Rules of Evidence, relating to expert testimony and opinions of experts, during its case in chief at trial, as set forth in Rule 16(a)(1)(G). 10. The government acknowledges its continuing duty to disclose under Rule 16(c). (B) Request for Exculpatory Evidence The defendant requests disclosure of evidence favorable to the defendant on the issue of guilt and/or sentencing. The government states it will disclose material evidence which is favorable to the defendant as required by Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972); and United States v. Bagley, 473 U.S. 667 (1985). The government acknowledges its continuing duty to make these disclosures. This request does not foreclose the defendant from filing a more specific motion requesting exculpatory evidence. (C) Request for Evidence of Other Crimes, Wrongs, or Acts The defendant requests notice of other crimes, wrongs or acts under Rule 404(b) of the Federal Rules of Evidence. The government states that if it intends to introduce such evidence at trial it will provide written notice to the defendant no later than 21 days before trial unless, for good cause shown, the court permits less notice in accordance with Rule 404(b). American LegalNet, Inc. www.FormsWorkFlow.com 5 (Rev. 1/17/2019) (D) Request for Disclosure of the Identity of Confidential Informants 1. The government states there (was) (was not) a confidential informant who was a participant in or a witness to the crime charged and that the informant (may) (will) (will not) be called as a witness at trial. The government further states it (has supplied) (will claim privilege of non-disclosure of) the identity of the confidential informant. Rovario v. United States, 353 U.S. 53 (1957). (E) The Government States There Have Been in this Case: (Circle those which are applicable) 1. Telephone tape recordings; 2. Electronic surveillance of the defendant or his premises; 3. Leads obtained by electronic surveillance of defendant's person or premises; and 4. Photographic surveillance. The government (may) (will) (will not) permit discovery of the foregoing items. II. GOVERNMENT'S REQUEST FOR DISCLOSURE AND NOTICE (A) Request for Rule 16 Material 1. The government requests disclosure of books, papers, documents, data, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody or control of the defendant and which the defendant intends to introduce as evidence in chief at the trial. If the defendant made a similar request under Rule 16(a)(1)(E), the defendant states that upon compliance by the government with the defendant's request he will permit the government to inspect and copy or photograph such items in accordance with Rule 16(b)(1)(A). American LegalNet, Inc. www.FormsWorkFlow.com 6 (Rev. 1/17/2019) 2. The government requests disclosure of any results or reports of physical or mental exa