Free Motion to Disclose Grand Jury Material to Defendant - District Court of Colorado - Colorado

Case 1:04-cr-00430-WDM

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Filed 01/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00430-WDM-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. CARL E. SCHUMANN, Defendant.

GOVERNMENT'S MOTION FOR AN ORDER PERMITTING DISCLOSURE OF GRAND JURY MATERIAL TO THE DEFENSE

COMES NOW the United States of America, by and through the undersigned Assistant United States Attorney, and files the Government's Motion for an Order Permitting the Disclosure of Grand Jury Material to the Defense to comply with discovery obligations in the above-captioned case. While Grand Jury material is subject to a general rule of secrecy, the disclosure of Grand Jury materials in this case will provide for the early disclosure of materials which are likely discoverable pursuant to Title 18, United States Code, Section 3500 and Rule 16, Federal Rules of Criminal Procedure. As grounds therefor, the Government states: 1. The Government has obtained records through Grand Jury subpoenas or

testimony heard before the Grand Jury which should be disclosed to the defendants in order for the Government to properly comply with its discovery obligations under the Federal Rules of Criminal Procedure. Early disclosure of this material may assist the

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defendant in preparing for trial. 2. Disclosure of pertinent portions of the Grand Jury transcripts and records

obtained by Grand Jury subpoenas is in the best interests of justice. In the course of preparation for trial and during certain pretrial matters it may be appropriate to disclose to the defense portions of Grand Jury transcripts and records obtained through Grand Jury subpoenas pertaining to certain witnesses for the limited purpose of preparing for and conducting trial and pretrial hearings involving these witnesses. 3. Pursuant to the Federal Rules of Criminal Procedure, Rules 6 and Rule 16

and Title 18, United States Code, Section 3500, the Government requests an order be issued permitting disclosure of Grand Jury material and containing requirements upon defense counsel to whom the material is released to maintain control over the material, keeping it in their confidential files and under the control of their law firm employees. Based upon the general rule of secrecy concerning Grand Jury material, the Government requests that the Grand Jury material so disclosed be strictly limited to use in the defense of the above-captioned case, including any appeals taken, and for no other purpose until further order of Court.

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Respectfully submitted this

13th

day of January, 2006.

WILLIAM J. LEONE United States Attorney

By: s/David M. Conner DAVID M. CONNER Assistant U.S. Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected] Attorney for the Government

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CERTIFICATE OF SERVICE I hereby certify that on this 13th day of January, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION FOR AN ORDER PERMITTING DISCLOSURE OF GRAND JURY MATERIAL TO THE DEFENSE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Susan Fisch, Esq. [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand deliver, etc.) indicated by the nonparticipant's name:

s/Barbara Gardalen BARBARA GARDALEN Legal Assistant to David M. Conner U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 [email protected]