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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA,

Plaintiff,

V.

ROBERTO GARIDO-GONZALEZ

Defendant (s)

Criminal No. 13-444-JLL

ORDER FOR DISCOVERY

& INSPECTION

In order to eliminate unnecessary motions for discovery in

this case,
and the examination of witnesses, and to expedite the trial
pursuant to the provisions of the Speedy Trial Act of 1974,

to eliminate delays in the presentation of evidence

IT IS ORDERED:

1. Conference. Within ten (10) days from the date hereof
the attorneys representing the United States and the defendant
shall meet or confer to seek to resolve any discovery issues
prior to the filing of motions, and the United States shall
permit
photograph or copy, or shall furnish a photograph or copy of:

to inspect, and shall permit defendant to

the defendant

(a) All statements of the defendant required to be

produced under Rule 16(a) (1) (A), (B) or
Crim. P.

(C), Fed. R.

(b) Defendant’s prior criminal record as required by

Rule 16(a) (1) (D), Fed. R. Crim. P.

(c) All documents and tangible objects required to be
produced under Rule 16(a) (1) (B), Fed. R. Crim. P.

(d) All reports of examinations and tests required to be

produced under Rule 16(a) (1) (F), Fed. R. Crim. P.

(e) All summaries of expert witnesses’

testimony,

required to be produced under Rule 16(a) (1) (G), Fed.
R. Crim. P. The summaries provided shall describe the
witnesses’ opinions,
and the witnesses’ qualifications.

the bases and reasons therefor,

(f) Any material evidence favorable to the defense related
to issues of guilt,
lack of guilt or punishment which
is known or that by the exercise of due diligence may
become known to the attorney for the United States,
within the purview of dy y. Maryland and its
progeny.

(g)

If there is more than one defendant named in the
indictment, and if the United States intends to
introduce into evidence in its case—in—chief a
confession made to law enforcement authorities by one
defendant which names or makes mention of a co
defendant,
then the United States must make a copy of
that statement or confession available to counsel for
the non—declarant defendant, along with a proposal for
its redaction to conform with the requirem5 of

the confession may not be received at a joint

If the government makes no
such disclosure and turnover within the time period
allowed,
trial of the declarant and non—declarant defendants.
If, within ten (10) days after receipt of the
confession and its redacted version, counsel for the
non—declarant defendant makes no objection to the
redacted statement,
have acceded to the receipt of the redacted statement
into evidence.

the defendant will be deemed to

(h) A defendant who receives discovery pursuant
Order shall be deemed to have requested such
disclosure for the purpose of
reciprocal discovery obligations under Rule 16(b),
Fed. R. Crim. P.
The defendant shall have ten (10)
days from its receipt of discovery from the United
States to produce its reciprocal discovery.

triggering defendant’s

to this

(i) Any defendant

intending to offer a defense of alibi or

insanity or mental condition shall comply with the
requireme5 of Rules 12.1 and 12.2, Fed. R. Crim. P.

2.

scJosure Declined

If,

in the judgment of the

United States Attorney,
in order to protect
confidential
informant or undercover agent,
interference with an ongoing investigation,
integrity of the criminal Proceeding, or to otherwise serve the
interests of justice, any disclosure set forth in paragraph 1
hereof Should not be made, disclosure may be declined, and
defense counsel advised in writing of the declination within five
(5) days of the conference.

the identity of a
to prevent
to protect

the

A defendant who seeks to challenge the declination may

move the Court for relief in the following manner:

(a)

(b)

(c)

(d)

No later than ten (10) days from the time that
the government declines,
motion for discovery or inspection.

the defendant shall file a

The motion shall conform to the schedule set forth
in paragraph 12 of this Order, unless otherwise
ordered by the Court.

(1)

The motion shall set forth:
the prescribed conference was held;
the conference;
United States with whom the conference was held;
the matters which were agreed upon; and (5)
the
matters which are in dispute and which require the
determination of the Court.

the name of the attorney for the
(4)

the statement that
the date of

(2)

(3)

In responding to any such motion,
must show good cause for the declination of
discovery, and in doing so may invoke the provisions
of Fed. R. Crim. P.

the United States

l6(d)(l).

3. Rule 404(b) Evidence. The United States shall provide

notice to the defense of all evidence it intends to offer of
other crimes, wrongs or acts within the meaning of Rule 404(b) of
the Federal Rules of Evidence, not
days prior to the date of trial, except that for good cause
shown,

the Court may excuse such pretrial notice.

less than ten (10) calendar

4. Jencks and Gicrlio Material.

The United States agrees to

§ 3500, and impeachment evidence within the meaning of

produce all statements within the meaning of the Jencks Act,
18 U.S.C.
Gilio v. United States, 405 U.S. 150 (1972), sufficiently in
advance of the witness’s testimony to avoid delay in the trial.
Similarly,
the defense shall produce “reverse Jencks” statements
sufficiently in advance of the witness’s testimony to avoid delay
in the trial.

5. Continuing Duty. Any duty of disclosure and discovery
set forth herein is a continuing one and the attorneys for all
parties shall produce any additional discoverable information.

6. Exhibits.

The United States shall pre-mark all exhibits

that it intends to introduce as part of its case-in—chief and
shall permit defense counsel
to inspect and copy such exhibits
thirty (30) days prior to trial. A set of such pre-marked
exhibits with an exhibit list shall be given to the trial judge’s
deputy clerk no later than the first day of trial. The
defendant’s exhibits shall also be pre-marked and, unless
otherwise ordered by the Court upon the defendant’s application,
shall be disclosed to the United States within seven (7) days
after the United States’ disclosure. Defense counsel,
in an
appropriate case, may apply to the Court for an order requiring
the United States to pre—mark exhibits more than thirty (30) days

in advance of trial.
also pre—mark all Jencks Act materials and “reverse Jencks”
pursuant to Rule 26.2, Fed. R. Crim. P.,
is encountered.

The United States and the defense shall

so that no trial delay

7. Authenticity of Exhibits.

The authenticity of all

exhibits disclosed to and examined by counsel pursuant
provisions of paragraph 6 of this Order shall be deemed to have
been accepted by either the defendant or the United States unless
counsel files with the Court,
date of trial,
exhibits will be contested at trial,
delineating why the authenticity of the exhibit is being
challenged together with a certification that the challenge to
authenticity is being made in good faith.

fourteen (14) days prior to the
a notice that the authenticity of one or more

together with a statement

to the

8. Chain of Possession. When counsel has examined an

the chain of possession of the exhibit

exhibit disclosed prior to trial pursuant to the provisions of
paragraph 6 of this Order,
will be deemed to have been accepted by either the defendant or
the United States unless counsel files with the Court fourteen
(14) days prior to the date of trial,
possession of the exhibit will be contested at trial together
with a statement delineating that the chain of possession of the
exhibit is being challenged and a certification that the
challenge to the chain of possession is being made in good faith.

a notice that the chain of

9. Scientific Analysis. When any party has disclosed the
scientific analysis of an exhibit proposed to be introduced at
trial by that party, which analysis has been determined by an
expert
then the scientific
analysis of the exhibit will be deemed admitted unless
counsel for a party receiving the disclosure files with the
Court,
a notice that the
scientific analysis of the exhibit will be contested.

fourteen (14) days prior to trial,

in the field of science involved,

10. Other Motions by Defendant. Motions regarding defenses

or objections permitted pursuant
Crim. P.,
evidence, shall be made within thirty (30) days from the date
hereof unless good cause for delay is shown.

inter alia, motions for suppression of

to Rules 12 and 41(g), Fed. R.

including,

11. Translations.

In the event that the United States

The correctness of any such translation or transcript

intends to utilize translations of any conversations, copies or
transcripts of such translations shall be produced for defense
counsel no later than thirty (30) days prior to the date of
trial.
will be deemed admitted, unless defense counsel serves and files
with the Court,
fourteen (14) days prior to the date of trial,
a
notice that counsel objects to the translation or transcript,
specifying the portions thereof to which objection is made and
counsel’s contentions as to the correct translation.

12.

The United States Attorney is to ensure that the
requirement of the Crime Victims Rights Act as codified at
18 U.S.C.
complied with.

§ 3771 and specifically 18 U.S.C.

§ 3771(b) (1) are

13. Motions.

In multi defendant cases, each defendant
A letter asking the court to

shall file his/her own motions.
join in co-defendants motions will not be addressed. All
pretrial motions not otherwise specifically provided for in this
or other Orders of the Court
in this case will be deemed waived
unless they are filed and served not later than:

Motions due:

Opposition due:

August 12, 2013

August 26, 2013

Motions hearing date:

September 4, 2013

Trial date:

September 10, 2013

13. Instructions and Voir Dire. Counsel shall furnish to
ten (10) days prior to the date of trial, an agreed

the Court,
upon statement summarizing the case,
proposed voir dire questions.

requests to charge and

JOSE L. LINARES,
kJNITED STATES DISTRICT JUDGE

Dated: July 30, 2013

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