055.pdf

Type: pdf
Source set: house-oversight-doj
Pages: 3
Text status: Searchable text available
OCR confidence: 0.9350551075704091

Extracted text

Case 1:19-cr-00830-AT Document55 Filed 05/25/21 Pagelof3 USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED UNITED STATES OF AMERICA DOC #: DATE FILED: 5/25/2021 -against- 19 Cr. 830 (AT) TOVA NOEL and MICHAEL THOMAS, ORDER Defendants. ANALISA TORRES, District Judge: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116-182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government’s disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. The Government must disclose to the defense all information “favorable to an accused” that is “material either to guilt or to punishment” and that is known to the Government. /d. at 87. This obligation applies regardless of whether the defendant requests this information or whether the information would itself constitute admissible evidence. The Government shall disclose such information to the defense promptly after its existence becomes known to the Government so that the defense may make effective use of the information in the preparation of its case. As part of these obligations, the Government must disclose any information that can be used to impeach the trial testimony of a Government witness within the meaning of Giglio v. United States, 405 U.S. 150 (1972), and its progeny. Such information must be disclosed sufficiently in advance of trial in order for the defendant to make effective use of it at trial or at such other time as the Court may order.' ' This Order does not purport to set forth an exhaustive list of the Government’s disclosure obligations. DOJ-OGR-00022125

Case 1:19-cr-00830-AT Document55 Filed 05/25/21 Page2of3 The foregoing obligations are continuing ones and apply to materials that become known to the Government in the future. These obligations also apply to information that is…

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