Agreed Motion for Discovery Protective Order — No. 2:15-cr-20741 (Dkt. 26, E.D. Mich.)

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An agreed motion for a discovery protective order in United States v. Colin Matthew Boyle and Anngela Boyle, Criminal No. 15-20741, in the U.S. District Court for the Eastern District of Michigan, Southern Division, filed December 14, 2015 as ECF No. 26, with the order signed by Judge Gershwin A. Drain. The defendants are charged with offenses relating to the production, receipt, distribution and possession of child pornography. The government states that users of Website A remain under active investigation and asks that the defendants not disseminate discovery materials to anyone other than those named in the order, and the court enters the protective order.

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Case 2:15-cr-20741-GAD-DRG ECF No. 26, PageID.74 Filed 12/14/15 Page 1 of 8




                    UNITED STATES DISTRICT COURT
                    EASTERN DISTRICT OF MICHIGAN
                         SOUTHERN DIVISION


UNITED STATES OF AMERICA,

           Plaintiff,                       CRIMINAL NO. 15-20741

v.                                          HON. GERSHWIN A. DRAIN

D-1 COLIN MATTHEW BOYLE,
D-2 ANNGELA BOYLE,

           Defendants.
                                        /

     AGREED MOTION FOR DISCOVERY PROTECTIVE ORDER

      The Court, The United States of America, by and through Barbara L.

McQuade, United States Attorney for the Eastern District of Michigan, Margaret

M. Smith, Assistant United States Attorney for said District, Defendants, Colin

Matthew Boyle, and Anngela Boyle, and Defendants’ attorneys, Kimberly Stout

and Natasha Webster, file this motion for entry of a Discovery Protective Order.

      Defendants are charged in an indictment with various charges related to the

production, receipt, distribution, and possession of child pornography, in

violation of 18 U.S.C. §§ 2251; 2252A. The investigation of the Defendants

involved the use of a particular website, referenced herein as “Website A,” that

was dedicated to child pornography.

Case 2:15-cr-20741-GAD-DRG ECF No. 26, PageID.75 Filed 12/14/15 Page 2 of 8




      Discovery materials the government intends to produce pursuant to its

discovery obligations under Federal Rule of Criminal Procedure 16 include law

enforcement sensitive items related to an ongoing investigation of the users of

“Website A.” The investigation continues into users of “Website A,” which

operated for the purpose of advertising and distributing child pornography.

Thousands of users of “Website A,” in the United States and abroad, remain

under active investigation. The dissemination of the government’s investigative

materials, including search warrant affidavits, reports of investigation, witness

statements, court orders, and seized electronic data, could seriously jeopardize

those continuing investigations.

      The government requests that the Discovery Protective Order require that

the Defendant may not disseminate discovery items to anyone other than counsel

and members of the Defendant’s litigation and investigative team. As proposed

in the Protective Order, defense counsel and the Defendant’s litigation team may

show and display materials produced in discovery to the Defendant, but may not

provide a copy of materials produced in discovery to the Defendant or third

parties to keep and maintain in their possession. Further, defense counsel and the

Defendant’s litigation team shall return materials produced in discovery to the

United States Attorney’s Office within 10 days upon conclusion of the case

before this Court, or, if an appeal is taken, upon completion of such an appeal.


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Case 2:15-cr-20741-GAD-DRG ECF No. 26, PageID.76 Filed 12/14/15 Page 3 of 8




      Any materials produced in discovery that are filed with the Court in

connection with pre-trial motions, trial, sentencing, or other matter before this

Court, shall be filed under seal and shall remain sealed until otherwise ordered by

this Court. This does not entitle either party to seal their filings as a matter of

course. The parties are required to comply in all respects to the relevant local and

federal rules of criminal procedure pertaining to the sealing of court documents.

      Any violation of any term or condition of the Proposed Order by the

Defendant, the Defendant’s attorney(s) of record, any member of the defense

team, or any attorney for the United States Attorney’s Office for the Eastern

District of Michigan, may be sanctioned by contempt of court, and/or may be

subject to monetary or other sanctions as deemed appropriate by this Court.

      This Motion and the proposed Protective Order is submitted for the

purpose of insuring that law enforcement sensitive information contained in

discovery     materials     are    not       disseminated   to     third    parties.




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Case 2:15-cr-20741-GAD-DRG ECF No. 26, PageID.77 Filed 12/14/15 Page 4 of 8




         For these reasons, the United States and Defendants request this Court to

authorize the proposed Discovery Protective Order.



IT IS SO STIPULATED.



Respectfully submitted,

BARBARA L. McQUADE
United States Attorney

s/Margaret M. Smith                          s/Kimberly W. Stout (with consent)
Margaret M. Smith                            Kimberly W. Stout, P.C.
Assistant United States Attorney             Counsel for Colin Matthew Boyle
211 W. Fort Street, Suite 2001               370 East Maple Rd., 3rd Floor
Detroit, Michigan 48226                      Birmingham, MI 48009
Phone: (313) 226-9135                        (248) 258-3181
e-mail:margaret.smith@usdoj.gov              email:kstoutdefense@gmail.com


                                             s/Natasha D. Webster
                                             Natasha D. Webster
                                             Attorney for Anngela Boyle
                                             613 Abbott Street, 5th floor
                                             Detroit, Michigan 48226
                                             Phone: (313) 967-5847
                                             e-mail:natasha_webster@fd.org

Dated:        December 9, 2015

Case 2:15-cr-20741-GAD-DRG ECF No. 26, PageID.78 Filed 12/14/15 Page 5 of 8




                     UNITED STATES DISTRICT COURT
                     EASTERN DISTRICT OF MICHIGAN
                          SOUTHERN DIVISION


UNITED STATES OF AMERICA,

            Plaintiff,                      CRIMINAL NO. 15-20741

v.                                          HON. GERSHWIN A. DRAIN

D-1 COLIN MATTHEW BOYLE,
D-2 ANNGELA BOYLE,

            Defendants.
                                        /

                           PROTECTIVE ORDER

      This matter, having come to the Court’s attention on the Stipulation for

Entry of a Discovery Protective Order submitted by the United States of America

and Defendants Colin Matthew Boyle and Anngela Boyle, and the Court, having

considered the motion, and being fully advised in this matter, hereby enters the

following PROTECTIVE ORDER:

      1.    This Protective Order governs all discovery material in any format

(written or electronic) that is produced by the government in discovery in the

above captioned case.

      2.    The United States will make available copies of discovery materials,

including those filed under seal, to defense counsel to comply with the

Case 2:15-cr-20741-GAD-DRG ECF No. 26, PageID.79 Filed 12/14/15 Page 6 of 8




government’s discovery obligations.        Possession of copies of the discovery

materials is limited to the attorneys of record, and investigators, paralegals, law

clerks, experts and assistants for the attorneys of record (hereinafter collectively

referred to as members of the defense team).

      3.     The attorneys of record and members of the defense team may display

and review the discovery materials with the Defendant. The attorneys of record

and members of the defense team acknowledge that providing copies of the

discovery materials to the Defendant and other persons is prohibited, and agree not

to duplicate or provide copies of discovery materials to the Defendant and other

persons.

      4.     The United States Attorney’s Office for the Eastern District of

Michigan is similarly allowed to display and review the discovery materials to lay

witnesses, but is otherwise prohibited from providing copies of the discovery

materials to lay witnesses, i.e. non-law enforcement witnesses.

      5.     Nothing in this order should be construed as imposing any discovery

obligations on the government or the defendant that are different from those

imposed by case law and/or Rule 16 of the Federal Rules of Criminal Procedure,

and the Local Criminal Rules.

      6.     Any discovery material that is filed with the Court in connection with

pre-trial motions, trial, sentencing, or other matter before this Court, shall be filed


                                          2

Case 2:15-cr-20741-GAD-DRG ECF No. 26, PageID.80 Filed 12/14/15 Page 7 of 8




under seal and shall remain sealed until otherwise ordered by this Court. This does

not entitle either party to seal their filings as a matter of course. The parties are

required to comply in all respects to the relevant local and federal rules of criminal

procedure pertaining to the sealing of court documents.

      7.     The provisions of this Order shall not terminate at the conclusion of

this prosecution.

      8.     Any violation of any term or condition of this Order by the Defendant,

the Defendant’s attorney of record, any member of the defense team, or any

attorney for the United States Attorney’s Office for the Eastern District of

Michigan, may be held in contempt of court, and/or may be subject to monetary or

other sanctions as deemed appropriate by this Court.

      9.     Any discovery materials provided pursuant to this Order shall be

returned to the United States Attorney’s Office, including all copies, within ten

days of the completion of the case before the Court or, if an appeal is taken, within

ten days of the completion of the case in the United States Court of Appeals for the

Sixth Circuit or Supreme Court of the United States.




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Case 2:15-cr-20741-GAD-DRG ECF No. 26, PageID.81 Filed 12/14/15 Page 8 of 8




      If the Defendant violates any term or condition of this Order, the United

States reserves its right to seek a sentencing enhancement for obstruction of justice,

or to file any criminal charges relating to the Defendant’s violation.

             DATED this 14th day of December, 2015.



                                 IT IS SO ORDERED.


                                 /s/Gershwin A Drain
                                 HONORABLE GERSHWIN A. DRAIN
                                 UNITED STATES DISTRICT JUDGE




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