Agreed Discovery Order as to Craig David Davis — USA v. Davis (Dkt. 17, E.D. Va.)

Record facts

U.S. District Court for the Eastern District of Virginia · No. 1:24-cr-00040-PTG · Doc. 17 · 2024-03-07 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT FOR WE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
IN OPEN COURT
m T L24
CLERK. U.S. DISTRICT COURT
ALEXANDRIA. VIRGINIA
UNITED STATES OF AMERICA
V.
CRAIG DAVID DAVIS,
Defendant.
Case No. l:24-CR-40 (PTG)
ORDER
The parties, having conferred regarding a timetable and procedures for pretrial
disclosures in accordance with Fed. R. Crim. P. 16.1 and Local Criminal Rule 12, have agreed
and upon their joint motion, it is hereby ORDERED as follows:
I. Discovery and Inspection
ORDERED that, pursuant to Fed. R. Crim. P. 16(a), no later than 5 business days before
the deadline for pretrial motions, the government shall provide to the defense or make available
for inspection and copying materials listed below that are in the possession of the U.S.
Attorney's Office for the Eastern District of Virginia.' Material subject to disclosure acquired
after the deadline shall be disclosed promptly, and all disclosures must be made no later than 5
business days before trial, unless the government establishes good cause. Later-discovered
evidence or material shall also be promptly disclosed pursuant to Fed R. Crim. P. 16(c).
' 
For cases where an early pretrial motion deadline or other circumstances make this timeline
infeasible, the parties will discuss altematives for disclosure and, if appropriate, request an
extension of the pretrial motion deadline as needed to satisfy the disclosure obligations under this
provision and facilitate preparation for trial.
Case 1:24-cr-00040-PTG     Document 17     Filed 03/07/24     Page 1 of 7 PageID# 75

1. The government shall disclose to the defendant and make available for inspection,
copying, or photographing: any relevant written or recorded statements made by the defendant,
or copies thereof, 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 attomey for the
government; that portion of any written record containing the substance of any relevant oral
statement made by the defendant whether before or after arrest in response to interrogation by
any person then known to the defendant to be a government agent; recorded testimony of the
defendant before a grand jury which relates to the offense charged; and the substance of any
other relevant oral statement made by the defendant whether before or after arrest in response to
interrogation by any person then known by the defendant to be a government agent if the
government intends to use that statement at trial.
2. The government shall furnish to the defendant such copy of his prior criminal record,
if any, as is 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 attomey for the
government.
3. The govemment shall permit the defendant to inspect and copy or photograph books,
papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions
thereof, which are within the possession, custody or control of the govemment, and which are
material to the preparation of his defense or are intended for use by the govemment as evidence
in chief at the trial, or were obtained from or belong to the defendant.
4. The government shall permit the defendant to inspect and copy or photograph any
results or reports of physical or mental examinations, and of scientific tests or experiments, or
Case 1:24-cr-00040-PTG     Document 17     Filed 03/07/24     Page 2 of 7 PageID# 76

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 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.
It is further ORDERED that:
5. The government shall disclose to the defendant no later than 15 business days before
trial:
•
 a complete statement of all opinions that the government will elicit from
the witness;
•
 the bases and reasons for the opinions;
•
 the witness's qualifications, including a list of all publications authored in
the previous 10 years; and
•
 a list of all other cases in which, during the previous 4 years, the witness
has testified as an expert at trial or by deposition;
for all testimony the government intends to use at trial under Fed. R. Evid. 702, 703, or 705,
unless the expert testimony is to be offered in response to a previously noticed expert of a
defendant, in which case the disclosure pursuant to this paragraph must be provided not later
than 5 business days prior to trial. Such a disclosure shall include the same information listed
above for initial expert disclosures (including any opinions the government intends to elicit from
the witness in response to the defendant's designated expert witness(es)). In an appropriate case,
and for good cause shown, either party may move the Court for an Order requesting earlier or
later disclosure of expert witness notice and summaries.
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It is further ORDERED that, pursuant to Fed. R. Crim. P. 16(b), upon government
compliance with the foregoing, the defense shall provide the materials listed below in a prompt
manner, and all disclosures must be made no later than 5 business days before trial, unless the
defense establishes good cause. Later-discovered evidence or material shall be produced
pursuant to Fed R. Crim. P. 16(c).
6. The defendant shall permit the government to inspect and copy or photograph books,
papers, documents, data, photographs, tangible objects, or copies or portions thereof, which the
defendant intends to use in the defendant's case-in-chief at trial.
7. The defendant shall permit the government to inspect and copy or photograph any
results or reports of physical or mental examination and of scientific test or experiments made in
connection with the particular case, or copies thereof, within the possession or control of the
defendant, which the defendant intends to use in the defendant's case-in-chief at trial or which
were prepared by a witness whom the defendant intends to call at the trial when the results or
reports relate to his testimony.
It is further ORDERED that:
8. The deifendant shall disclose to the government no later than 15 business days before
trial:
•
 a complete statement of all opinions that the defense will elicit from the
witness;
•
 the bases and reasons for the opinions;
•
 the witness's qualifications, including a list of all publications authored in
the previous 10 years; and
Case 1:24-cr-00040-PTG     Document 17     Filed 03/07/24     Page 4 of 7 PageID# 78

•
 a list of all other cases in which, during the previous 4 years, the witness
has testified as an expert at trial or by deposition;
for all testimony the defendant intends to use at trial under Fed. R. Evid. 702, 703, or 705, unless
the expert testimony is to be offered in response to a previously-noticed expert of a government,
in which case the disclosure pursuant to this paragraph must be provided not later than 5 business
days prior to trial. Such a disclosure shall include the same information listed above for initial
expert disclosures (including any opinions the defendant intends to elicit from the witness in
response to the government's designated expert witness(es)). In an appropriate case, and for
good cause shown, either party may move the Court for an Order requesting earlier or later
disclosure of expert witness notice and summaries.
II. Federal Rule of Evidence 404(b')
It is further ORDERED that, no later than 10 business days before trial, the government
shall provide written notice to the defendant, in accordance with Fed. R. Evid. 404(b)(3), of the
permitted purpose and reasoning supporting the purpose for admissibility of any evidence of
other crimes, wrongs, or acts of defendant which it intends to introduce at trial, except that, upon
motion of the government and for good cause shown, the Court may excuse such pretrial notice.
III. Brady Material
It is further ORDERED that, in accordance with the Due Process Protection Act and Fed.
R. Crim. P. 5(f), the government shall comply with its obligations to produce promptly material
favorable to the defense as required by Brady v. Maryland^ 373 U.S. 83 (1963), and its progeny.
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IV. Jencks/Gislio Materials
It is further ORDERED that, no later than 5 business days before trial, the government
shall produce to the defendant the Jencks Act and Giglio materials known to the government at
that time for the witnesses who will testify in the government's case in chief.
Counsel for the defendant may disclose the contents of said Jencks Act and Giglio
materials to his or her client, but may not provide the client with said documents or
reproductions thereof.
At the request of the government and consistent with the ethical responsibilities of
defense counsel, all Jencks Act, Giglio materials and reproductions thereof shall be returned to
the United States Attorney's Office forthwith at the conclusion of the litigation of the case.
It is further ORDERED pursuant to Fed. R. Grim. P. 26.2, that no later than 5 business
days prior to trial, the defendant, by and through his counsel, shall produce to the government the
statements of any witness, other than the defendant, who will testify on behalf of the defendant.
V. Notice of Alibi or Insanitv
It is further ORDERED that, pursuant to Fed. R. Grim. P. 12.1, no later than 15 business
days before trial, the defendant, by and through counsel, shall comply with Rule 12.1(a) if the
defendant intends to offer a defense of alibi, and further that the defendant and the government
shall, following notice of alibi, comply with Rules 12.1(b) and (c) within the time period set out
in those rules, except upon motion of the parties and for good cause shown.
It is further ORDERED that, pursuant to Fed. R. Grim. P. 12.2, no later than 30 business
days before trial, the defendant, by and through counsel, shall comply with Rule 12.2(a) and
12.2(b) if the defendant intends to offer an insanity defense or expert evidence of a mental
Case 1:24-cr-00040-PTG     Document 17     Filed 03/07/24     Page 6 of 7 PageID# 80

condition, and further that the Court may grant additional trial-preparation time, or make other
appropriate orders for good cause shown.
VI. Stipulations
It is further ORDERED that the parties shall file proposed stipulations with the Court no
later than 3 business days before trial. Additional stipulations may be submitted thereafter by the
parties upon approval by the Court.
VII. Modification of Discovery Order
The parties may seek to modify the provisions of this Order depending upon the
particular circumstances of a case and may seek modification of the terms of this Order after its
entry for good cause.
SO ORDERED:
Date: 
^
Alexandria, Virgirwa
/
Patricia Tolliver Giles
United States District Judge
We ask for this:
oi3ence A. Mertz
Assistant Federal Pu^c Defender
Counsel for DefendanTSraig Davis
Jessica D. Aber
United States Attorney
Katlfleen E. Robesoi
Assistant United States Attorney
David A. Peters
Trial Attorney, Fraud Section
Counsel for the United States
Case 1:24-cr-00040-PTG     Document 17     Filed 03/07/24     Page 7 of 7 PageID# 81

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