Protective Order for Discovery Disclosure — United States v. Leslie Bethea (Eastern District of Tennessee)

Summary

A Protective Order for Discovery Disclosure, Document 16, filed February 28, 2018 in United States of America v. Leslie Bethea, Case 2:18-cr-00025-JRG-CRW, in the United States District Court Eastern District of Tennessee. It grants the United States' motion for protective order [Doc. 9] under Federal Rule of Criminal Procedure 16(d), concerning discovery materials containing confidential information protected by Rule 49.1, including dates of birth, home addresses, social security numbers and financial records. It orders defense counsel to redact that information before disclosing discovery to any person, and allows un-redacted copies for retained investigators or experts who are instructed that the order binds them. Further disclosure requires Court permission after a hearing.

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Full text

                              UNITED STATES DISTRICT COURT
                              EASTERN DISTRICT OF TENNESSEE
                                  GREENEVILLE DIVISION

  UNITED STATES OF AMERICA,                       )
                                                  )
             v.                                   )              2:18-CR-25
                                                  )              JUDGE REEVES
  LESLIE BETHEA                                   )

                     PROTECTIVE ORDER FOR DISCOVERY DISCLOSURE

         The United States of America, by and through the United States Attorney for the

  Eastern District of Tennessee, has filed a motion for protective order [Doc. 9] pursuant to

  Federal Rule of Criminal Procedure 16(d), to limit the further disclosure of discovery

  materials containing confidential information provided to defense counsel in this case. The

  motion [Doc. 9] is GRANTED as it appears to the Court as follows:

        1.        The documents to be provided as discovery and in preparation for trial in this case

 include electronic copies of documents which contain confidential information protected by court

 rule, Rule 49.1 of the Federal Rules of Criminal Procedure, including dates of birth, home

 addresses, social security numbers, financial records, and documents containing other personal

 identifying information. The documents may also Jencks Act material, and future disclosures of

 discovery in this case may contain grand jury material and/or Brady/Giglio material. Pursuant to

 the Court’s order in United States v. Gerald Horner, Case No. 2:12-CR-105, Document 108, the

 United States will provide the discovery materials un-redacted.

        THEREFORE, IT IS HEREBY ORDERED, pursuant to Federal Rule of Criminal

 Procedure 16(d) that:

        1. Before defense counsel disseminates or otherwise discloses to any person, including the

 attorney’s client, any discovery material or other information that contains confidential




Case 2:18-cr-00025-JRG-CRW               Document 16       Filed 02/28/18     Page 1 of 2     PageID
                                               #: 52
 information (such as that which is referenced in Rule 49.1 of the Federal Rules of Criminal

 Procedure) and/or early Jenck’s Act materials made available to the defense buy not yet required

 to be disclosed under Rule 16, the attorney shall redact that information from copies, and shall not

 otherwise disclose that confidential or personal identifying information, and shall not disseminate

 un-redacted physical copies of early Jenck’s Act material. Notwithstanding the foregoing, the

 attorney may provide un-redacted copies or otherwise disclose such information to investigators

 or experts retained by the attorney, although the attorney shall unequivocally instruct those

 individuals that they are no less subject to this protective order than is the attorney.

         2.   If the attorney believes it necessary to furnish un-redacted copies of discovery to

 anyone else, or to otherwise disclose confidential or personal identifying information as described

 in Rule 49.1 of the Federal Rule of Criminal Procedure to any other person, the attorney must

 prior to such disclosure request Court permission to do so and only after a hearing to which the

 United States shall be a party.

          SO ORDERED:

                                                 s/Clifton L. Corker
                                                 United States Magistrate Judge




Case 2:18-cr-00025-JRG-CRW              Document 16         Filed 02/28/18      Page 2 of 2   PageID
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