Court filing
Protective Order (discovery) — U.S. v. Martinez (S.D.N.Y. No. 1:22-cr-00251)
Filed June 9, 2022 in U.S. v. Martinez; one of 32 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2022-06-09 |
U.S. District Court for the Southern District of New York · No. 1:22-cr-00251-LJL · Doc. 22-1 · 2022-06-09 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America
v.
RAFAEL MARTINEZ,
Defendant.
Protective Order
22 Cr. 251 (LJL)
Upon the application of the United States of America, with the consent of the undersigned
counsel, the Court hereby finds and orders as follows:
Confidential Material. The Government will make disclosure to the defendants of
documents, objects, and information, including electronically stored information (“ESI”), pursuant
to Federal Rule of Criminal Procedure 16, 18 U.S.C. § 3500, and the Government’s general
obligation to produce exculpatory and impeachment material in a criminal case. Certain of that
discovery may include material that (i) affects the privacy and confidentiality of individuals; (ii)
would impede, if prematurely disclosed, the Government’s ongoing investigation of uncharged
individuals; (iii) would risk prejudicial pretrial publicity if publicly disseminated; and/or (iv) is not
authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense
of this criminal case. Discovery materials produced by the Government to the defendant or their
counsel that are either (1) designated in whole or in part as “Confidential” by the Government in
emails or communications to defense counsel, or (2) that include a Bates or other label stating
“Confidential,” shall be deemed “Confidential Material.”
Sensitive Material. Certain discovery materials in this case may raise a heightened risk
to the privacy and confidentiality of individuals or to an ongoing investigation of uncharged
individuals. Discovery materials produced by the Government to the defendant or their counsel
Case 1:22-cr-00251-LJL Document 22-1 Filed 06/08/22 Page 1 of 5
Case 1:22-cr-00251-LJL Document 23 Filed 06/09/22 Page 1 of 5
2
that are either (1) designated in whole or in part as “Sensitive” by the Government in emails or
communications to defense counsel, or (2) that include a Bates or other label stating “Sensitive,”
shall be deemed “Sensitive Material.”
NOW, THEREFORE, FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED:
1. Confidential Material shall not be disclosed by the defendant or defense counsel,
including any successor counsel (the “defense”) other than as set forth herein, and shall be used
by the defense solely for purposes of defending this action. The defense shall not post any
Confidential Material on any Internet site or network site to which persons other than the parties
hereto have access, and shall not disclose any Confidential Material to the media or any third party
except as set forth below.
2. Confidential Material may be disclosed by counsel to the following persons
(“Designated Persons”):
a) Personnel for whose conduct counsel is responsible, i.e., personnel employed by or
retained by counsel, as needed for purposes of defending this action;
b) Prospective witnesses for purposes of defending this action;
c) The defendant; and
d) Such other persons as hereafter may be authorized by the Court.
3. The restrictions on Sensitive Material are the same as Confidential Material, except
that Sensitive Material may only be disclosed to the defendant for review at the offices of defense
counsel, or in the presence of defense counsel or any member of the defense team (e.g., attorneys,
experts, consultants, paralegals, investigators, support personnel, and secretarial staff involved in
the representation of the defendant in this case), for purposes related to this case. The defendant
shall not maintain, retain, or keep copies of any records containing Sensitive Material outside of
Case 1:22-cr-00251-LJL Document 22-1 Filed 06/08/22 Page 2 of 5
Case 1:22-cr-00251-LJL Document 23 Filed 06/09/22 Page 2 of 5
3
the offices or presence of defense counsel. Sensitive Material may otherwise be disclosed to
Designated Persons consistent with the terms of Confidential Material.
4. The Government may authorize, in writing, disclosure of Confidential Material or
Sensitive Material beyond that otherwise permitted by this Order without further Order of this
Court.
5. This Order does not prevent the disclosure of any Confidential Material or Sensitive
Material in any hearing or trial held in this action, or to any judge or magistrate judge, for purposes
of this action. All filings should comply with the privacy protection provisions of Fed. R. Crim. P.
49.1.
6. This Order places no restriction on a defendant’s use or disclosure of ESI that originally
belonged to the defendant.
7. Except for such material that has been made part of the record of this case, the defense
shall return to the Government or securely destroy or delete all Confidential Material and Sensitive
Material within 30 days of the expiration of the period for direct appeal from any verdict in the
above-captioned case; the period of direct appeal from any order dismissing any of the charges in
the above-captioned case; or the granting of any motion made on behalf of the Government
dismissing any charges in the above-captioned case, whichever date is later. To the extent this
paragraph conflicts with the New York Code of Professional Responsibility or attorneys’
obligations to clients regarding file retention, however, the ethical rules govern.
8. The defense shall provide a copy of this Order to prospective witnesses and persons
retained by counsel to whom the defense has disclosed Confidential Material or Sensitive Material.
All such persons shall be subject to the terms of this Order. Defense counsel shall maintain a
Case 1:22-cr-00251-LJL Document 22-1 Filed 06/08/22 Page 3 of 5
Case 1:22-cr-00251-LJL Document 23 Filed 06/09/22 Page 3 of 5
4
record of what Confidential Material or Sensitive Material has been disclosed to which such
persons.
[Remainder of page intentionally left blank]
Case 1:22-cr-00251-LJL Document 22-1 Filed 06/08/22 Page 4 of 5
Case 1:22-cr-00251-LJL Document 23 Filed 06/09/22 Page 4 of 5
5
Retention of Jurisdiction
9. The provisions of this order shall not terminate at the conclusion of this criminal
prosecution and the Court will retain jurisdiction to enforce this Order following termination of
the case.
AGREED AND CONSENTED TO:
DAMIAN WILLIAMS
United States Attorney
by: /s/ Micah Fergenson
Date: June 8, 2022
Micah Fergenson
Assistant United States Attorney
/s/ Telemachus Kasulis____________
Date: June 8, 2022
Elkan Abramowitz, Esq.
Randall Jackson, Esq.
Telemachus Kasulis, Esq.
Michael Schachter, Esq.
Counsel for Rafael Martinez
SO ORDERED:
Dated: New York, New York
June ____, 2022
__________________________________________
HONORABLE LEWIS J. LIMAN
UNITED STATES DISTRICT JUDGE
Case 1:22-cr-00251-LJL Document 22-1 Filed 06/08/22 Page 5 of 5
9
Case 1:22-cr-00251-LJL Document 23 Filed 06/09/22 Page 5 of 5File and source
- File
- 005_ECF_23_gov.uscourts.nysd.579149.23.0.pdf
- Size
- 183,594 bytes
- SHA-256
- c2dfc0f36667a647bedab44cdf55203a4571c8dfee5ddf1c0b699908843753a9
- Original
- storage.courtlistener.com