Case 3:12-cr-00017-AWT Document 44

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. JOHN MILLER, et al.

: : : : :

CRIM NO. 3:12-CR-00017(AWT)

FEBRUARY 2, 2012

UNITED STATES MOTION FOR A PROTECTIVE ORDER Pursuant to the Courts Standing Order, the Government intends to provide discovery materials to the defendant that should not be disseminated to any person not working on the defense of this matter. For example, as part of its initial production, the Government would like to provide counsel for defendants an opportunity to review audio and video recordings and numerous other materials, including documents obtained by the Civil Rights division as part of its civil investigation. At this time the Government is not producing Jencks Act material but is willing to discuss a mutually agreeable date prior to trial at which time the Government and defense counsel can exchange Jencks Act materials. Many of the materials that the Government is willing to disclose, however, are relevant to other, ongoing investigations related to uncharged individuals, as well as other offenses. Moreover, a civil law suit has been filed which has some overlap with the criminal case. In order to protect the integrity of another grand jury investigation, the reputations of uncharged persons, as well as materials that may not be otherwise available the civil discovery process, the Government respectfully requests pursuant to Fed. R. Crim. P. 16(d)(1) and Paragraph F of the Standing Order, that the Court enter the attached proposed Protective Order.

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Moreover, at this time, the Government will provide a list of witnesses and reserves its right to amend that list as necessary. The Government, requests, however that the Government be permitted to defer providing a list of which, if any, members of the East Haven police department will testify at trial. As set forth in the Governments indictment, members of the police department were harassed or intimidated by other members associated with the East Haven Police department who believed that they may be cooperating with outside investigators. Respectfully submitted,

DAVID B. FEIN UNITED STATES ATTORNEY /S/ KRISHNA R. PATEL ASSISTANT UNITED STATES ATTORNEY Federal Bar No. CT24433 1000 Lafayette Boulevard, 10TH Floor Bridgeport, CT 06604 (203) 696-3000 /S/ DEIRDRE M. DALY FIRST ASSISTANT UNITED STATES ATTORNEY Federal Bar No: CT23128 1000 Lafayette Boulevard, 10th Floor Bridgeport, CT 06604 (203) 696-3000

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CERTIFICATION I hereby certify that on February 2, 2012, a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the courts electronic filing system or by mail to anyone unable to accept electronic filing, as indicated on the Notice of Electronic Filing. Parties may access this filing through the courts CM/ECF System.

/S/______________________________________ KRISHNA R. PATEL ASSISTANT UNITED STATES ATTORNEY

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. JOHN MILLER, et al.

: : : : :

CRIM NO. 3:12-CR-00017(AWT)

PROTECTIVE ORDER The Government has represented to the Court that discovery in the above captioned will include recorded conversations and a variety of other materials that are relevant to an ongoing investigation related in part to uncharged individuals and also relevant to civil suits that have been filed. Moreover, the Government will also be providing access to the documents obtained by the Civil Rights Division as part of its civil investigation which is on-going. IT IS ORDERED THAT, except as permitted by Federal Rule of Criminal Procedure 6(e), this Order, or other court order, defense counsel shall not disclose any recordings, taped statements, transcripts, law enforcement memoranda of interview or other documents (hereinafter Disclosed Materials), or the contents thereof, except that, for the sole purpose of preparing for trial: a. b. defense counsel may show the Disclosed Materials to the defendant; defense counsel can show any prospective witness his/her own taped statement, transcript or document but may not show these materials to any other witness (except as provided in paragraphs (a) and (d); c. defense counsel may provide any prospective witness with a copy of his or her 1

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own testimony, statements, or recordings; d. defense counsel may permit secretaries, clerical workers, paralegals, investigators hired by defense counsel, and experts retained to assist in the preparation of this case for trial to view the Disclosed Materials solely for the purpose of assisting counsel to prepare for the trial of this case. IT IS FURTHER ORDERED THAT defense counsel shall take appropriate measures to ensure that each person to whom the defense discloses material covered by this Order, including counsels representatives and employees, is provided with a copy of this protective order and understands the limited purpose for which the material is being disclosed and the prohibition against further dissemination; IT IS FURTHER ORDERED THAT any notes or recorded notations of any kind that defense counsel, their secretaries, clerical workers, paralegals, investigators, or experts may make relating to the contents of the taped statements, transcripts or documents shall not be shown to anyone except their own client, and then only for the sole purpose of the defense of the indictment in this case, and all members of the defense team shall maintain the confidentiality of these materials pursuant to the terms of this Order after this case is disposed of by trial, appeal, if any, or other resolution of the charges against the defendant; IT IS FURTHER ORDERED THAT all Disclosed Materials disclosed pursuant to this Order and all copies thereof shall either be promptly destroyed or returned to the government after this case is disposed of by final, non-appealable judgment or other resolution of the charges against the defendant; IT IS FURTHER ORDERED THAT, in the event the terms of this Order are violated, 2

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defense counsel shall advise opposing counsel immediately of the nature and circumstances of such violation; IT IS FURTHER ORDERED THAT nothing contained in this Order shall restrict or prevent any party from using any materials at trial to the extent otherwise permitted by law or restrict or prevent any party from citing any materials in court papers filed in this case, provided such filings are made under seal where appropriate; IT IS FURTHER ORDERED THAT nothing in this Order shall preclude the government or the defendant from seeking a further protective order pursuant to Rule 16(d) as to particular items of discovery material; and FINALLY, IT IS ORDERED THAT this Order is entered without prejudice to either partys right to seek a revision of the Order by appropriate motion to the Court.

SO ORDERED this _____ day of _____________, 2012. _____________________________________ THE HON. ALVIN W. THOMPSON CHIEF UNITED STATES DISTRICT JUDGE