Motion for Protective Order for Discovery Disclosure — United States v. Leslie Bethea, No. 2:18-cr-00025 (Document 9)

Summary

A Motion for Protective Order for Discovery Disclosure in United States v. Leslie Bethea, No. 2:18-CR-25, in the U.S. District Court for the Eastern District of Tennessee, filed 02/27/18 as Document 9. The United States applies under Federal Rule of Criminal Procedure 16(d) for an order limiting further disclosure of discovery containing confidential information covered by Rule 49.1, and states that counsel for the defendant is not willing to sign a discovery disclosure agreement. It asks that defense counsel redact that information before disclosing materials, and that the defendant not be given copies of materials with sensitive information or Jencks material, though the defendant may review them with the defense team. The motion is signed /s Robert M. Reeves, Assistant U.S. Attorney.

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                                 UNITED STATES DISTRICT COURT
                              EASTERN DISTRICT OF TENNESSEE
                                  GREENEVILLE DIVISION

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


                 GOVERNMENT=S MOTION FOR PROTECTIVE ORDER
                        FOR DISCOVERY DISCLOSURE

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

District of Tennessee, pursuant to Federal Rule of Criminal Procedure 16(d), applies for a

protective order to limit the further disclosure of discovery materials containing confidential

information provided to defense counsel in this case. In support of this Motion, the United States

would show that:

       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.

       2. Counsel for the defendant is not willing to sign a discovery disclosure agreement, thus

United States seeks an appropriate protective order from the court relating to the discovery

containing confidential information protected by Rule 49.1 of the Federal Rules of Criminal


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Procedure including dates of birth, home addresses, social security numbers, financial records, and

document containing other personal identifying information.

       3. The United States requests that a protective order be issued to guard against

dissemination of the confidential information and other sensitive personal data contained in

materials which will be provided to defense counsel as discovery pursuant to Rule 16 or for use at

trial. In particular, the United States requests an order directing that before defense counsel

disseminates or otherwise discloses to any person, including the attorney’s client, discovery

materials or materials provided in preparation for trial which contain confidential information which

is referenced in F.R.Crim.P. 49.1, defense counsel shall redact that information from any copies and

shall not otherwise disclose that confidential or personal identifying information.

       4. The United States further requests that the defendant may not be given copies of any

materials which contain "sensitive@ information, to include dates of birth, social security numbers,

home addresses, or other personal identifying information. The defendant may also not be given

copies of Jencks material, to include reports of interviews, Grand Jury Testimony transcripts, and

recorded or written statements or reports of statements taken by law enforcement officers of

potential witnesses. The defendant may review the materials while in the presence of the defense

team, but the defense team must maintain custody and control of the materials.

       5. The United States recognizes that the attorney may provide un-redacted copies or

otherwise disclose such information to investigators or experts retained by the attorney. The

United States would request the Court’s order instruct the attorney upon any dissemination of the

materials and information containing confidential information to inform the recipient as to the

existence of the Protective Order and the requirement to maintain the confidentiality of the

information conveyed.


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       6. The United States further requests that, should the attorney believe it necessary to

furnish un-redacted copies of discovery to anyone else or to otherwise disclose confidential

information or personal identifying information as described in Rule 49.1 to any other person, the

attorney be required to file a motion with the Court requesting permission to do so, only after giving

the person to whom that information applies notice of the motion and the date the motion will be

presented to the judge.

       7. A copy of this Court=s Protective Order will be provided as part of the disclosure of the

discovery material to the defendant’s counsel. The other defendants in this case, by and through

counsel, have already signed or will be signing a Discovery Disclosure Agreement as to these and

other issues. Therefore, this motion is filed only as to the defendant.

       WHEREFORE, the United States respectfully requests that the Court issue the Protective

Order submitted herewith.

       Respectfully submitted this the 27th day of February, 2018.

                                               J. DOUGLAS OVERBEY
                                               UNITED STATES ATTORNEY


                                         By:    /s Robert M. Reeves
                                               ROBERT M. REEVES
                                               Assistant U.S. Attorney
                                               220 West Depot Street, Suite 423
                                               Greeneville, Tennessee 37743
                                               423/639-6759


                                   CERTIFICATE OF SERVICE

        I hereby certify that the foregoing pleading was filed electronically on February 27, 2018,
and notice of this filing will be sent by operation of the Court’s electronic filing system to all parties
of record as indicated on the electronic filing receipt. All other interested parties will be served by
regular U.S. Mail. Parties may access this filing through the Court’s electronic filing system.

                                               By:        s/ Robert M. Reeves
                                                         Assistant U.S. Attorney
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