Free Stipulation and Order - District Court of California - California

Case 3:07-cr-00336-WHA

Document 35 37

Filed 07/27/2007 07/30/2007

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SCOTT N. SCHOOLS (SC 9990) United States Attorney W. DOUGLAS SPRAGUE (CSBN 202121) Acting Chief, Criminal Division WILLIAM FRENTZEN (LABN 24421) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6959 FAX: (415) 436-6753 Email: [email protected] Attorneys for Plaintiff

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STIPULATED ORDER RE: DNA SAMPLES No. CR 07-00336 W HA 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA, Plaintiff, v. MAURICE BIBBS, and DEANDRE WATSON,

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No. CR 07-0336 WHA UNITED STATES' STIPULATED [PROPOSED] ORDER RE: COLLECTION OF DNA SAMPLES

On July 23, 2007, the government announced its intention to obtain DNA samples from defendants pursuant to Schmerber v. California, 384 U.S. 757 (1966). The Court requested that defendants determine whether or not they oppose the government's request by close of business on July 23, 2007, and to inform the government of their decisions. Both defendants have stated that they do not oppose the government obtaining their DNA under the following conditions: (1) the DNA samples will be obtained by swab, rather than by taking blood; (2) defense counsel may

Case 3:07-cr-00336-WHA

Document 35 37

Filed 07/27/2007 07/30/2007

Page 2 of 2

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be present when the samples are obtained1; and (3) the defendants will be provided with the DNA reports of conclusions shortly after they are received by the government. Each of these conditions is agreeable to the government.

UPON CONSIDERATION OF THE FOREGOING, IT IS HEREBY ORDERED THAT comparison DNA samples from defendants Bibbs and Watson are necessary in order to ascertain whether either one or both of their DNA profile matches the DNA profile that likely will be obtained on the handgun recovered from the vehicle in this case. Oral swab samples taken from Bibbs and Watson will yield usable DNA samples that will enable this comparison. The oral swabs will be collected from the inside cheek portion of the mouth to sufficiently collect buccal cells. Defense counsel shall be permitted an opportunity to be present during the sample collections.

IT IS FURTHER ORDERED, that the FBI is authorized to collect DNA samples from Maurice Bibbs and Deandre Watson by collecting oral swab samples from them using the standard procedures developed by the FBI crime laboratory described above and that defense counsel may be present during the collection. Any results from the comparison shall be promptly forwarded by the United States Attorney's Office to defense counsel. 30th July SO ORDERED, this ________________ day of _________________, 2007.
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____________________________________ HON. WILLIAM H. ALSUP UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA
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Because Mr. Sugarman will be out of the state for the next two weeks, he has agreed to make an associate available to be present at the sample collection so as to not slow the process.
STIPULATED ORDER RE: DNA SAMPLES No. CR 07-00336 W HA 2

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