Free Order on Motion for Discovery - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1661

Filed 01/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 00-CR-531-WYD UNITED STATES OF AMERICA, Plaintiff, v. RUDY CABRERA SABLAN, et al., Defendant.

ORDER

THIS MATTER came before the Court to resolve certain discovery requests contained in Defendant Rudy Sablan' Special Motion for Discovery (R-42), filed June s 28, 2004, relating to inmate placements near inmates Arthur Peck, Jay Vought, and Mark Farmer in the custody of the Federal Bureau of Prisons (BOP). In accordance with the agreement reached by the parties at the hearing at which the Defendants were present on December 7, 2005, the Court grants those parts of R-42 insofar as relief is detailed in this order. Therefore it is ORDERED pursuant to the Defendant' request, that the BOP will utilize the s discovery documents produced to the Court in camera on December 7, 2005, to provide a listing of all inmates, to the extent it can be determined, whom those documents reflect appear to have been: 1) housed in the same cell as Arthur Peck, Mark Farmer, and Jay Vought, and 2) housed in the cells on either side of these named inmates; for the ten dates included in Rudy Sablan' submission filed with this Court on s

Case 1:00-cr-00531-WYD

Document 1661

Filed 01/18/2006

Page 2 of 3

June 14, 2005. This listing will include the names of all inmates who were not participants in the Federal Witness Security program (WITSEC) as of the dates mentioned in the June 14, 2005 submission and the documents submitted to the Court in camera on December 7, 2005. This listing will be produced to Rudy Sablan' s attorneys on or before March 17, 2006. The Court further ORDERS that if any inmate so listed is now a participant in WITSEC, the BOP will arrange for counsel for Rudy Sablan to meet and confer with this (these) inmate(s), either in person or by telephone, in a manner to be agreed upon by the parties. It is understood that a mechanism will be determined and utilized by the parties to be sure that inmates who do not wish to consult with Mr. Sablan' attorneys s or investigators are at least supplied the opportunity to read a letter from Mr. Sablan or Mr. Sablan' attorneys, and indicate in some meaningful way, the desire not to have s any contact with Mr. Sablan' attorneys or investigators. s The BOP further agrees to inform these inmates that they are free to talk to Mr. Sablan' counsel and his authorized, accredited investigators, if any, without fear of s any retaliation from the BOP or WITSEC administrators for providing names or other truthful information that they may give the Sablan defense team. Furthermore, the Court makes the following ORDER with regard to the inmates who were housed either with or next to one of the named inmates on any of the dates provided in the June 14, 2005 submission, while said inmate was actually in the WITSEC program: (1) The government will make available to defense counsel any such inmate as to whom counsel has a particularized good faith basis to believe may -2-

Case 1:00-cr-00531-WYD

Document 1661

Filed 01/18/2006

Page 3 of 3

possibly have information relevant to this case. These inmates will then be made available to counsel for Mr. Sablan, either in person or by telephone, unless such inmate indicates that he does not wish to do so, in the same manner to be agreed upon by the parties as is stated above. (2) The granting of this order in this regard does not foreclose either party from objecting if somehow there is a later dispute. While the individual entries contained in any document provided pursuant to this ORDER may be utilized as necessary by defense counsel and their authorized, accredited investigators, the actual documents provided shall not be copied; shall not be shown to any other persons; the contents shall not be completely related or recounted in whole, other than by specific entry, to others; shall be protected at all times from inadvertent disclosure to any person not heretofore mentioned; and shall be returned to the government by hand at the conclusion of the case. Finally, these documents shall be covered by the terms of the Court' previously issued Protective s Order. Dated: January 18, 2006 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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