United States District Court, D. Arizona
Honorable Cindy K. Jorgenson, United States District Judge.
before the Court is the Government's January 29, 2019
memorandum requesting an in-camera review of
information received regarding a potential witness. See
Giglio v. United States, 405 U.S. 150 (1972); United
States v. Henthorn, 931 F.2d 29 (9th Cir. 1991); see
also United States v. Price, 566 F.3d 900 (9th Cir.
2009) (evidence that would impeach a central prosecution
witness is indisputably favorable to the accused). Under
United States v. Brady the Government is obligated,
upon request, to disclose information to the defense
regarding government witnesses that could be used to impeach
them. See United States v. Bagley, 473 U.S. 667,
675-77 (1985). The Government's obligation to review
personnel files includes those of all federal law enforcement
officers who are called to testify at trial or in connection
with any pretrial motion.
information disclosed is to include all information favorable
to the defense in attempting to impeach the witness,
including either disclosure or in-camera submission of
documents reflecting any complaint, investigation or internal
administrative or disciplinary proceeding “regardless
of whether the complaint or allegation was found to be
credible by the agency.” United States v.
Jack, 2009 WL 425982, at *2 (E.D. Cal. Feb. 29, 2009)
citing United States v. Kiszewski, 877 F.2d 210,
215-16 (2nd Cir. 1989) (case remanded due to district
court's refusal to compel production of FBI agent's
personnel file for in-camera inspection based upon the
government's representation that the file contained
complaints and allegations that were deemed unfounded or upon
which the agent was exonerated and thus contained no Brady
Court has conducted an in-camera review of the documents.
See generally United States v. Santiago, 46 F.3d
885, 894 (9th Cir. 1995) (“information helpful to the
defense” is material); United States v.
Calise, 996 F.2d 1019, 1021 (9th Cir. 1993) (notation in
ATF agent's file that a magistrate judge had found the
agent's testimony “absolutely incredible” was
discoverable). The Court finds the information contained
within paragraphs 1 - 3 to be material. See United States
v. Santiago, 46 F.3d 885, 894 (9th Cir. 1995)
(“information helpful to the defense” is
IT IS ORDERED:
Government shall disclose the documents and information
relating to paragraphs 1 - 3 of its January 29, 2019
a. Absent leave of court, counsel for Jesus Manuel
Bernal-Melendez (“Mr. Bernal-Melendez”) may not
disseminate the documents discussed herein, or reveal the
contents thereof, to any other person for any reason, except
that counsel may show the documents to and discuss its
contents with Mr. Bernal-Melendez. Mr. Bernal-Melendez may
not further disseminate the documents, or reveal the contents
thereof, to any other person for any reason.
b. Absent leave of court, counsel and Mr. Bernal-Melendez may
not copy the documents discussed herein in whole or in part
for any reason.
c. Counsel and Mr. Bernal-Melendez may use the documents
discussed herein solely for purposes of this litigation. Any
other use is expressly prohibited. Additionally, absent
further order of the Court, neither counsel nor Mr.
Bernal-Melendez shall disclose the documents discussed herein
and/or reveal the contents thereof, either in whole or in
part, in any public filing or during any hearing or trial.
Should counsel and/or Mr. Bernal-Melendez believe that wider
dissemination of the documents discussed herein and/or their
contents is necessary for purposes of the litigation, the
parties shall meet and confer in good faith to reach a
d. Upon completion of the litigation, the Government shall
have the right to demand the immediate return of the
documents discussed herein for destruction.
e. Nothing in this Order shall prevent any party from seeking
modification of this Order.
f. This Order does not constitute a ruling on the question of
whether any particular material is properly discoverable or
admissible and does not constitute any ruling on any
potential objection to the discoverability of any material.
documents and information relating to paragraph 4 need not be
Clerk of Court shall file under seal the Government's
January 29, ...