Order Regarding Computer Forensic Review Procedures for Child Pornography Contraband — No. 1:26-cr-02034 (Dkt. 37, E.D. Wash.)

Summary

A stipulated protective order in United States v. Angel Abilio Padilla, Case No. 1:26-cr-02034-RLP, in the U.S. District Court for the Eastern District of Washington, filed June 3, 2026 as ECF No. 37 (4 pages) and signed by Judge Rebecca L. Pennell. It grants the parties' stipulation (ECF No. 35) on computer forensic review procedures for alleged child pornography contraband, and states that 18 U.S.C. § 3509(m) applies. The government is to make a forensic image available for the defense team to examine at a government facility in Spokane, Washington, in a room monitored by closed-circuit television without audio, and the defense may not copy contraband or remove it. For trial, the case agent keeps digital copies of exhibits containing contraband and assists in publishing them.

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     Case 1:26-cr-02034-RLP     ECF No. 37     filed 06/03/26   PageID.111          Page 1 of 4




 1                                                                                   FILED IN THE
                                                                                 U.S. DISTRICT COURT
                                                                           EASTERN DISTRICT OF WASHINGTON


 2                                                                          Jun 03, 2026
 3
                                                                                SEAN F. MCAVOY, CLERK




 4

 5                        UNITED STATES DISTRICT COURT
                   FOR THE EASTERN DISTRICT OF WASHINGTON
 6

 7   UNITED STATES OF AMERICA,
                                                   Case No.: 1:26-cr-02034-RLP
 8                            Plaintiff,
                                                   STIPULATED PROTECTIVE
 9                 v.                              ORDER REGARDING
                                                   COMPUTER FORENSIC
10   ANGEL ABILIO PADILLA,                         REVIEW PROCEDURES FOR
                                                   CHILD PORNOGRAPHY
11                            Defendant.           CONTRABAND

12
           Before the Court is the Stipulation Regarding Computer Forensic Review
13
     Procedures For Child Pornography Contraband filed by the parties in the above-
14
     captioned matter, ECF No. 35. The Court has reviewed the stipulation and the file
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     and finds good cause exists to grant the proposed protective order.
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           Accordingly, IT IS ORDERED:
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           1.    The parties’ Stipulation Regarding Computer Forensic Review
18
     Procedures For Child Pornography Contraband, ECF No. 35, is GRANTED.
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           2.    IT IS FURTHER ORDERED that 18 U.S.C. § 3509(m) applies to this
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     case, and the Court is required to deny defense requests to copy, photograph,
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     ORDER REGARDING CHILD PORNOGRAPHY FORENSIC REVIEW - 1
     Case 1:26-cr-02034-RLP     ECF No. 37     filed 06/03/26   PageID.112     Page 2 of 4




 1 duplicate, or otherwise reproduce material constituting child pornography if the

 2 government makes the material reasonably available to Defendant and provides an

 3 ample opportunity for the defense to examine it at a government facility. See 18

 4 U.S.C. § 3509(m).

 5         3.     IT IS FURTHER ORDERED that, in order to comply with 18 U.S.C.

 6 § 3509(m), and to allow Defendant the greatest opportunity to prepare an effective

 7 defense in preparation for trial in this matter, the government will make a true

 8 forensic image, and/or extraction of devices, media, and /or third party record

 9 returns containing alleged child pornography contraband at issue in the above-

10 referenced case. The government will make that forensic image reasonably

11 available to Defendant and provide ample opportunity for the defense team to

12 examine it at a government facility in Spokane, Washington. The parties may

13 readdress the Court if there is a need for additional or after-hours access during the

14 course of litigation in the event trial or motion hearings require additional forensic

15 review.

16         4.     IT IS FURTHER ORDERED that the defense forensic examination

17 will be conducted in an interview room monitored by closed-circuit television

18 (“CC-TV”), without audio feed. While the TV with non-audio feed will ensure the

19 integrity of Federal Bureau of Investigation (FBI) space and security of its

20 occupants, the video feed is not of sufficient detail or at an angle that would reveal

21 defense strategy. The government and its agents expressly agree that no attempt

     ORDER REGARDING CHILD PORNOGRAPHY FORENSIC REVIEW - 2
     Case 1:26-cr-02034-RLP       ECF No. 37     filed 06/03/26   PageID.113    Page 3 of 4




 1 will be made to record any audio from the workstation and that no attempt will be

 2 made to observe the defense team’s work product or computer monitor screen at

 3 any time. The defense expert may review the feed to ensure that defense strategy

 4 is not being compromised at any time while conducting the forensic review.

 5         5.       IT IS FURTHER ORDERED that the defense team 1 shall not make,

 6 nor permit to be made, any copies of the alleged child pornography contraband

 7 pursuant to this Protective Order and shall not remove any contraband images from

 8 the government facility. The defense expert will be allowed to copy any file that is

 9 not contraband and compile a report (without contraband images/videos)

10 documenting the examination on removable media at the discretion of the defense

11 expert.

12         6.       IT IS FURTHER ORDERED that the designated defense expert will

13 leave at the government facility any equipment, including hard drives, which

14 contain child pornography contraband that is identified during forensic evaluation.

15 The parties may readdress this matter with the Court upon notice that the defense

16 intends to retain a different defense expert.

17

18         1
               For purposes of this Protective Order, the term “defense team” refers solely
19 to Defendant’s counsel of record (“defense counsel”), Defendant’s designated

20 expert (“defense expert”), and a defense investigator.

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     ORDER REGARDING CHILD PORNOGRAPHY FORENSIC REVIEW - 3
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 1         7.     IT IS FURTHER ORDERED that for the purpose of trial, the

 2 government agrees to make available a digital copy of any government trial exhibit

 3 that contains contraband, which will be kept in the custody and control of the case

 4 agent. Upon reasonable notice by the defense, the case agent will also maintain for

 5 trial digital copies of any proposed defense exhibit that contains contraband. If the

 6 defense team intends to offer, publish, or otherwise utilize any government or

 7 defense exhibit contained on the digital copy maintained by the case agent during

 8 trial, the case agent shall assist the defense team in publishing or utilizing the

 9 exhibit that contains contraband upon notification by the defense team.

10         IT IS SO ORDERED. The Clerk shall enter this Order and furnish copies to

11 counsel.

12         DATED June 3, 2026.

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14                                              REBECCA L. PENNELL
                                               United States District Judge
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     ORDER REGARDING CHILD PORNOGRAPHY FORENSIC REVIEW - 4


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