Order — No. 1:23-cr-00032 (Dkt. 11, S.D.N.Y.)

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An order in United States v. Russell Dwayne Lewis, Case 1:23-cr-00032-LTS, in the U.S. District Court for the Southern District of New York, filed January 23, 2023 as Document 11 (3 pages), from Magistrate Judge Sarah L. Cave. Entered under the Due Process Protections Act, it confirms the Government's obligation to disclose information favorable to the accused under Brady v. Maryland and impeachment information under Giglio v. United States. It lists the steps the Court may take if the Government fails to comply, from a continuance to dismissal of charges.

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              Case 1:23-cr-00032-LTS Document 11 Filed 01/23/23 Page 1 of 3
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    UNITED STATES DISTRICT COURT
    SOUTHERN DISTRICT OF NEW YORK

     UNITED STATES OF AMERICA,

                           -v-                                              22CR32{LTS)

     RUSSELL DWAYNE LEWIS,                                                       ORDER
                                          Defendant.




    Sarah L. Cave, United States Magistrate Judge:

           This Order is entered, pursuant to Federal Rule of Criminal Procedure S{f) and the Due

    Process Protections Act, Pub . L. No 116-182, 134 Stat. 894 {Oct . 21, 2020), 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 defendant requests this information or 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
             Case 1:23-cr-00032-LTS Document 11 Filed 01/23/23 Page 2 of 3



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. 1

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

the Government in the future. These obligations also apply to information that is otherwise subject

to disclosure regardless of whether the Government credits it.

        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.2

        For purposes of this Order, the Government has an affirmative obligation to seek all

information subject to disclosure under this Order from 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.

        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 contempt or other sanctions on any lawyer responsible for violations of the

1
 This Order does not purport to set forth an exhaustive list of the Government' s disclosure obligations.
2
 The Classified Information Procedures Act sets forth separate procedures to be followed in the event that the
Government believes matters relating to classified information may arise in co nnection with the prosecution . See 18
U.S.C. app. 3 §§ 1 et seq .
                                                          2
          Case 1:23-cr-00032-LTS Document 11 Filed 01/23/23 Page 3 of 3



         Government's disclosure obligations, or refer the matter to disciplinary authorities;

      (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.




                                                          SO ORDERED .

Dated: January 23, 2023
       New York, New York




                                                        United States Magistrate Judge




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