Pretrial discovery order and notice as to Caleb Walsh Jury Trial set — USA v. Walsh (Dkt. 21, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 8:26-cr-00083-KKM-LSG · Doc. 21 · 2026-03-20 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
TAMPA DIVISION 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
Case No. 8:26-cr-83-KKM-LSG 
CALEB WALSH, 
Defendant. 
  /   
PRETRIAL DISCOVERY ORDER AND 
NOTICE OF TRIAL AND STATUS CONFERENCE 
To facilitate a self-executing procedure to regulate discovery in this action and 
to eliminate or to minimize the number of discovery motions, the parties shall abide 
the requirements of this order. 
I.
Discovery and disclosure requirements of the United States
On request by a defendant, at arraignment or in writing thereafter, counsel for 
the United States shall comply with the following discovery and disclosure 
requirements no later than fourteen days after the day of the request, unless 
otherwise specified. 
A.
The United States shall provide the following information and
documents or supply copies thereof, which are within the possession, custody, or 
control of the United States the existence of which is known to the United States. 
i.
All written, recorded, or oral statements made by the defendant, including
grand jury testimony, as defined in Rule 16(a)(1)(A). 
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ii.  The defendant's prior criminal record as defined in Rule 16(a)(1)(B). 
 
iii.  Documents and tangible objects which are material to the preparation of 
the defense or were obtained from or belong to the defendant or are intended for use 
by the United States in its case-in-chief, as defined in Rule 16(a)(1)8. In addition, the 
United States shall notify the defendant of all tape-recordings or video-recordings 
obtained during the investigation regardless of whether the recordings will be used in 
the United States’ case-in-chief or contain statements of the defendant. 
 
iv.  Results or reports of physical or mental examination, and of scientific 
tests or experiments, which are material to the preparation of the defense, or are 
intended for use by the United States, as defined in Rule 16(a)(1)(D). 
 
v.  At the defendant’s request, the United States shall disclose to the 
defendant a written summary of testimony the United States intends to use under 
Rules 702, 703, or 705, Federal Rules of Evidence during its case-in-chief at trial. 
This summary must describe the witnesses’ opinions, the bases, and the reasons 
therefor, and the witnesses’ qualifications. Rule 16(a)(1)(E)(1993 amendment). 
 
B. 
The United States shall advise its agents and officers involved in this 
case to preserve all rough notes. 
 
C. 
The United States shall state whether defendant was identified in any 
lineup, showup, photo spread or similar identification proceeding, and produce any 
pictures utilized or resulting therefrom. 
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D. 
The United States shall state whether any evidence to be introduced at 
trial, or leads therefrom, was obtained as a result of a search warrant issued under 
Rule 41, Fed. R. Crim. P.  
 
E. 
The United States shall state whether the defendant was the subject of 
electronic surveillance as defined in Title 18, United States Code, Section 2510(11), 
and if so, shall set forth in detail the circumstances thereof, including copies of the 
application(s), affidavit(s) and order(s). 
 
F. 
The United States shall reveal to the defendant and permit inspection 
and copying of all information and material known to the United States which may 
be favorable to the defendant on the issue of guilt or punishment within the scope of 
Brady v. Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97 (1976). 
Pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, the United States 
has a continuing obligation to produce all evidence required by the law and the 
Federal Rules of Criminal Procedure. See id. at 87 (holding that due process requires 
disclosure of "evidence [that] is material either to guilt or to punishment" upon 
request); Kyles v. Whitley, 514 U.S. 419, 437-38 (1995) (holding that the obligation to 
disclose includes evidence “known only to police investigators and not to the 
prosecutor,” and that “the individual prosecutor has a duty to learn of any favorable 
evidence known to others acting on the government’s behalf..., including the 
police”); United States v. Agurs, 427 U.S. 97, 107 (1976) (holding that the duty to 
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disclose exculpatory evidence applies even when there has been no request by the 
accused); Giglio v. United States, 405 U.S. 150, 153-54 (1972) (holding that Brady 
encompasses impeachment evidence); see also Fed. R. Crim. P. 16(a) (outlining 
information subject to government disclosure). The United States’ obligation to 
provide exculpatory evidence pursuant to Brady in a timely manner is not diminished 
either by the fact that such evidence also constitutes evidence that must be produced 
later pursuant to Jencks Act, 18 U.S.C. § 3500, or by the fact that such evidence need 
not be produced according to Rule 16. Where doubt exists as to the usefulness of the 
evidence to the defendant, the United States must resolve all such doubts in favor of 
full disclosure.  
 
Accordingly, the Court sua sponte, directs the United States to produce to 
defendant in a timely manner—including during plea negotiation—any evidence in 
its possession that is favorable to defendant and material either to defendant's guilt or 
punishment. The United States is further directed to produce all discoverable 
evidence in a readily usable form. For example, the United States must produce 
documents as they are kept in the usual course of business or must organize and label 
them clearly. The United States must also produce electronically stored information 
in a form in which it is ordinarily maintained unless the form is not readily usable, in 
which case the United States is directed to produce it in a readily usable form. If the 
information already exists or was memorialized in a tangible format, such as a 
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document or recording, the information shall be produced in that format. If the 
information does not exist in such a format and, as a result, the United States is 
providing the information in a summary format, the summary must include sufficient 
detail and specificity to enable the defense to assess its relevance and potential 
usefulness. 
 
Finally, if the United States has identified any information which is favorable 
to the defendant but which the United States believes not to be material, the United 
States shall submit such information to the Court for in camera review. 
 
G. 
The United States shall disclose to the defendant the existence and 
substance of any payments, promises of immunity, leniency, preferential treatment, 
or other inducements made to prospective United States witnesses, within the scope 
of United States v. Giglio, 405 U.S. 150 (1972) and Napue v. Illinois, 360 U.S. 264 
(1959). The United States shall supply the defendant with a record of prior 
convictions of any witness who will testify for the United States at trial. 
 
II. 
Reciprocal discovery 
 
Any defendant requesting discovery of those items specified in Rule 
16(a)(1)(C) and (D) shall promptly disclose to the United States all documents and 
tangible items and reports of examinations and tests to be introduced at trial as 
defined in Rule 16(b)(1), Fed. R. Crim. P. (reciprocal discovery). 
 
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III. 
Rule 404(b) Evidence 
 
No later than thirty (30) days after the date of this order, the United States 
shall advise the defendant of the general nature of any evidence which it intends to 
introduce at trial pursuant to Rule 404(b), Fed. R. Evid., including any extrinsic act 
evidence which may be used during its case-in-chief, for impeachment, or for 
possible rebuttal purposes. See United States v. Carrasco, 381 F.3d 1237, 1240-1241 
(11th Cir. 2004) and Fed. R. Evid. 404 advisory committee's note (1991 
amendment). 
 
IV. 
Continuing duty to disclose 
 
It shall be the continuing duty of counsel for both sides to immediately reveal 
to opposing counsel all newly discovered information or other material within the 
scope of this order. 
 
V. 
Discovery motions 
 
All motions and memoranda concerning matters not covered by this order 
must be filed within thirty (30) days after receipt of the United States’ Rule 16(a) 
discovery, and responses must be filed within ten (10) days thereafter subject to the 
following certification requirement. Specifically, the Court will not entertain any 
motion relating to discovery unless counsel for the moving party certifies to the 
Court, in writing (1) that counsel for the parties have been unable to resolve their 
differences or reach an agreement after holding a conference or that opposing 
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counsel has refused to confer without good cause and (2) that the motion concerns 
matters which are not covered by this order and that the relief requested is supported 
by a factual and legal showing as set forth in the motion and memorandum. 
VI. 
Trial and status conference schedule 
This case is set for TRIAL before the Honorable Kathryn Kimball Mizelle 
United States District Judge during the May 4, 2026, trial term.  
AFTER THE FIRST DAY OF THE TRIAL TERM, ALL COUNSEL 
SHALL BE AVAILABLE AND READY FOR THE TRIAL UPON 24 HOURS 
NOTICE. 
Motions to continue must be filed as soon as the need for a motion to 
continue is determined and no later than forty-eight (48) hours before the status 
conference. Any motion shall state a reason under 18 U.S.C. § 3161(h)(7)(B) why a 
continuance is requested and be filed as soon as it is known that a continuance is 
needed. Motions to continue must include the language that defense counsel has 
specifically advised his client that by requesting this continuance, or consenting 
thereto, the defendant has waived his rights to a speedy trial, as well as language 
that they have consulted with the Assistant U.S. Attorney assigned to the case, and 
the AUSA consents. 
 
 
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This case is set for a STATUS CONFERENCE on April 14, 2026, at 9:00 
a.m. 
ORDERED this 20th day of March, 2026. 
 
 
United States Magistrate Judge 
 
 
 
 
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