Motion to Disclose Grand Jury Material — United States v. Mathew John Barr (Document 55)

Summary

The Government's motion to disclose grand jury material, filed September 9, 2026 as Document 55 in United States v. Mathew John Barr, Criminal Case No. 24-cr-372-DDD-1, in the U.S. District Court for the District of Colorado. U.S. Attorney Peter McNeilly and Assistant U.S. Attorneys Taylor Glogiewicz and Craig Fansler seek an order under Fed. R. Crim. P. 6(e)(3)(E)(i) allowing them to give defense counsel, as discovery, the transcript and exhibits of a grand jury witness likely to testify at trial, material that may fall under the Jencks Act (18 U.S.C. § 3500). They ask that disclosure be limited to defense counsel, used only to defend the case, kept in the attorneys' custody, and not reproduced or disseminated.

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Case No. 1:24-cr-00372-DDD       Document 55      filed 09/09/26   USDC Colorado       pg 1
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                     IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF COLORADO


Criminal Case No. 24-cr-372-DDD-1

UNITED STATES OF AMERICA,

      Plaintiff,

v.

MATHEW JOHN BARR,

      Defendant.


                   MOTION TO DISCLOSE GRAND JURY MATERIAL


      The United States of America, by and through Peter McNeilly, United States

Attorney for the District of Colorado, and Taylor Glogiewicz and Craig Fansler, Assistant

United States Attorneys, hereby moves, pursuant to Fed. R. Crim. P. 6(e)(3)(E)(i), for an

order authorizing the Government to disclose grand jury testimony to the defendant’s

counsel, as part of discovery in this case, on the terms and conditions outlined below. As

grounds for this motion, the Government states as follows:

      1.      Fed. R. Crim. P. 6(e) prohibits the disclosure of “a matter occurring before

the grand jury,” with various exceptions.

      2.      The Government has determined that a witness in the grand jury is likely to

be called as a witness during any upcoming trial in this matter. The witness’s grand jury

testimony thus may constitute material that must be disclosed pursuant to the Jencks Act

(18 U.S.C. § 3500) and/or Fed. R. Crim. P. 26.2(f)(3). The Government seeks to provide

discovery to the defendant’s counsel that includes a transcript of the witness’s grand jury

testimony and any related exhibits.
Case No. 1:24-cr-00372-DDD         Document 55      filed 09/09/26    USDC Colorado      pg 2
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       3.        Fed. R. Crim. P. 6(e)(3)(E)(i) allows for Court-authorized disclosure of

matters occurring before a grand jury when such disclosure is “preliminarily to or in

connection with a judicial proceeding.”

       4.        The pending case against the defendant is a “judicial proceeding,” and the

requested disclosure is “in connection with” such proceeding. The Government wishes

to provide this discovery, but can do so only with the Court’s authorization. Fed. R. Crim.

P. 6(e)(3)(E).

       5.        Because the grand jury proceeding, including the transcript, remains secret,

see Fed. R. Crim. P. 6(e), the Government moves that disclosure be allowed only for the

purpose of defending this case; that such disclosure be made only to defendant’s counsel;

that such transcript be maintained in the defendant’s attorneys’ custody; and that such

materials not be reproduced or disseminated.

       WHEREFORE, the Government respectfully requests that the Court authorize

the disclosure of grand jury testimony to defendant’s counsel, as part of discovery in this

case, on the terms and conditions outlined above.

                                            Respectfully submitted,


                                            PETER MCNEILLY
                                            United States Attorney
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Case No. 1:24-cr-00372-DDD   Document 55    filed 09/09/26   USDC Colorado   pg 3
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                                    By: s/Taylor Glogiewicz
                                    Taylor Glogiewicz
                                    Craig Fansler
                                    Assistant United States Attorneys
                                    United States Attorney’s Office
                                    1801 California Street, Suite 1600
                                    Denver, CO 80202
                                    Telephone: (303) 454-0100
                                    Fax: (303) 454-0405
                                    E-mail: taylor.glogiewicz2@usdoj.gov
                                    E-mail: craig.fansler2@usdoj.gov
                                    Attorneys for the Government




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Case No. 1:24-cr-00372-DDD      Document 55     filed 09/09/26   USDC Colorado      pg 4
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                             CERTIFICATE OF SERVICE


      I hereby certify that on September 9, 2026, I electronically filed this MOTION TO
DISCLOSE GRAND JURY MATERIAL with the Clerk of the Court using the CM/ECF
system which will send notification of such filing to the parties on record.

                                        s/Ilmira Allazova
                                        Ilmira Allazova
                                        Legal Administrative Specialist


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