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Order — United States v. Elijah McNair (Southern District of New York, Document 16, filed October 29, 2020)

Summary

In United States v. Elijah McNair, 20 CR 574 (Case 7:20-cr-00574-NSR), Magistrate Judge Judith C. McCarthy entered this order on October 29, 2020, filed as Document 16, in the Southern District of New York. It cites Federal Rule of Criminal Procedure 5(f) and states that the disclosure obligations are continuing and apply to materials that become known to the Government in the future. It states that the Government may apply to the Court for a modification if a disclosure would compromise witness safety, victim rights, national security or a sensitive law-enforcement technique. It defines the Government to include current or former federal, state, and local prosecutors and law-enforcement officers who participated in the prosecution or investigation.

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“Order — United States v. Elijah McNair (Southern District of New York, Document 16, filed October 29, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-7-20-cr-00574-dkt-16-s-d-n-y-161d7d9d4f/, SHA-256 5ecf752abae44793a83fe512f31618feda8bbb28b76a7b6c650bc5d7e4da9ebe.

Full text

           Case 7:20-cr-00574-NSR Document 16 Filed 10/29/20 Page 1 of 2




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
UNITED STATES OF AMERICA,

                                            Plaintiff,           ORDER
                 -against-
                                                                 20 CR 574

ELIJAH MCNAIR,

                                             Defendant.
-------------------------------------------------------------X

        This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the

Government’s disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its

progeny, and to summarize the possible consequences of violating those obligations.

        The Government must disclose to the defense all information “favorable to an accused”

that is “material either to guilt or to punishment” and that is known to the Government. Id. at 87.

This obligation applies regardless of whether the information would itself constitute admissible

evidence. The Government shall disclose such information to the defense promptly after its

existence becomes known to the Government so that the defense may make effective use of the

information in the preparation of its case.

        As part of these obligations, the Government must disclose any information that can be

used to impeach the trial testimony of a Government witness within the meaning of Giglio v.

United States, 405 U.S. 150 (1972), and its progeny. Such information must be disclosed

sufficiently in advance of trial in order for the defendant to make effective use of it at trial or at

such other time as the Court may order.

        The foregoing obligations are continuing ones and apply to materials that become known

to the Government in the future. Additionally, if information is otherwise subject to disclosure,

it must be disclosed regardless of whether the Government credits it.
          Case 7:20-cr-00574-NSR Document 16 Filed 10/29/20 Page 2 of 2




       In the event the Government believes that a disclosure under this Order would

compromise witness safety, victim rights, national security, a sensitive law-enforcement

technique, or any other substantial government interest, it may apply to the Court for a

modification of its obligations, which may include in camera review or withholding or subjecting

to a protective order all or part of the information otherwise subject to disclosure.

       For purposes of this Order, the Government includes all current or former federal, state,

and local prosecutors, law-enforcement officers, and other officers who have participated in the

prosecution, or investigation that led to the prosecution, of the offense or offenses with which the

defendant is charged. The Government has an affirmative obligation to seek from such sources

all information subject to disclosure under this Order.

       If the Government fails to comply with this Order, the Court, in addition to ordering

production of the information, may:

   (1) specify the terms and conditions of such production;

   (2) grant a continuance;

   (3) impose evidentiary sanctions;

   (4) impose sanctions on any responsible lawyer for the Government;

   (5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or

   (6) enter any other order that is just under the circumstances.

Dated: October 29, 2020
       White Plains, New York


                                                      SO ORDERED:

                                                      ___________________________________
                                                        ________________________
                                                      JUDITH C. McCARTHY
                                                      United States Magistrate Judge

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