Furrow

ORDER DENYING DEFENDANT’S MOTION TO COMPEL PRODUCTION OF DEATH PENALTY EVALUATION FORM AND PROSECUTION MEMORANDUM

I.

Introduction

Defendant Buford O’Neal Furrow, Jr. has been charged in a sixteen-count superseding indictment with, inter alia, violations of 18 U.S.C. § 245 (Interference with Federally Protected Activities Resulting in Death), 18 U.S.C. § 1114 (Murder of a Federal Employee), and 18 U.S.C. § 924 (c)(j) (Use of a Firearm During a Crime of Violence Resulting in Death), stemming from defendant’s alleged murder of U.S. Postal Worker, Joseph Ileto, and other hate crimes stemming from the alleged shooting of five persons at the North Valley Jewish Community Center on August 10, 1999. Three of the offenses with which defendant has been charged carry a potential sentence of death.

Pending before the Court is defendant’s Motion to Compel Production of the “Death Penalty Evaluation Form” and supporting prosecution memorandum, submitted by the United States Attorney for the Central District of California to the Attorney General’s Death Penalty Committee setting forth his recommendation that the Attorney General authorize the United States Attorney to seek the death penalty…