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United States v. Barreto

United States District Court, S.D. New York

January 6, 2020

United States of America
v.
Michael Barreto, Defendant.

          PROTECTIVE ORDER

          THE HONORABLE KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE

         Upon the application of the United States of America, and the defendant Michael Barreto, having requested discovery under Fed. R. Crim. P. 16(a)(1)(E), the Court hereby finds and orders as follows:

         1. Disclosure Material.

         The Government will make disclosure to the defendant of documents, objects and information, including electronically stored information (“ESI”), pursuant to Federal Rule of Criminal Procedure 16, 18 U.S.C. § 3500, and the Government's general obligation to produce exculpatory and impeachment material in criminal cases, all of which will be referred to herein as “disclosure material.” The Government's disclosure material may include, as detailed below material that affects the privacy of individuals, and material that affects the safety of certain victims of the charged offenses.

         2. Sensitive Disclosure Material.

         The Government's disclosure material may include material that (i) affects the privacy of individuals; and (ii) is not authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense of this criminal case. Among other things, the Government's disclosure material contains personal identifying information of certain minor children, which implicates these individuals' privacy rights and could impact the ongoing investigation. Disclosure materials which contain and/or reflect identifying information produced by the Government in this action pursuant to its discovery obligations are deemed “sensitive disclosure material, ” and will be labeled as such in the index produced with the discovery materials.

         3. Confidential Disclosure Material.

         The Government has identified certain discovery materials pursuant to Federal Rule of Criminal Procedure 16 which contain and/or reflect images or video of the minor victims of the charged offenses, the disclosure of which would place the victims of the charged offenses in significant danger or impact the ongoing investigation, and which cannot feasibly be redacted. Any such materials will be labeled as “confidential” and/or “attorney's eyes only” in the index and discovery materials.

         4. Facilitation of Discovery.

         The entry of a protective order in this case will permit the Government to produce expeditiously the sensitive and confidential disclosure material. It will also afford the defense prompt access to those materials, which will facilitate the preparation of the defense.

         5. Good Cause.

         There is good cause for entry of the protective order set forth herein.

         Accordingly it is hereby Ordered:

         6. Sensitive disclosure material shall not be disclosed by defense counsel, including any successor counsel (“Defense Counsel”) other than as set forth herein, and ...


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