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RULING ON DEFENSE MOTIONS TO ENFORCE BRADY AND CASE MANAGEMENT ORDER RE TIMETABLE FOR BRADY DISCLOSURES AND REQUEST FOR COMMENT

INTRODUCTION

In this federal prosecution arising out of a joint federal-state investigation, the im mediate question concerns the government’s unilateral attempt to limit the universe in which it must search for Brady materials. Another question is how to balance timely access to Brady information against the need to protect civilian witnesses. Accepting fully the Ninth Circuit’s ruling in United States v. Fort, 472 F.3d 1106 (9th Cir.2007), which limited Rule 16 defense discovery, this order addresses the separate issue of Brady disclosures. The essence of this order rejects the government’s artificial limitation on its Brady duty and holds further that district courts, under their case management powers, may require the government to reveal Brady materials in advance of trial — -with the exception of Brady materials also constituting Jencks Act “statements,” the latter being producible only after direct examination.

STATEMENT

This is a prosecution of 31 defendants in a RICO gang case. The indictment alleges 53 counts arising from alleged actions of…