United States District Court, S.D. New York
HONORABLE KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE
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:
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.
Sensitive Disclosure Material.
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
Confidential Disclosure Material.
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.
Facilitation of Discovery.
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.
is good cause for entry of the protective order set forth
it is hereby Ordered:
Sensitive disclosure material shall not be
disclosed by defense counsel, including any successor counsel
(“Defense Counsel”) other than as set forth
herein, and ...