United States District Court, E.D. Michigan, Southern Division
ORDER DENYING DEFENDANT'S MOTION FOR PRODUCTION
OF BRADY AND JENCKS MATERIALS AND WITNESS LISTS [ECF No.
Victoria A. Roberts United States District Judge.
Valentine asks the Court to compel the Government to produce
Brady materials and witness lists at least sixty
(60) days before trial, and Jencks materials at least thirty
(30) days before.
Valentine fails to give the Court compelling reasons to
deviate from its standard discovery practice, her Motion is
DENIED without prejudice.
Government charged Valentine and four co-defendants in a
twelve-count indictment, alleging Valentine was involved in a
scheme to unlawfully distribute controlled substances while
working as a medical doctor in a clinic. Valentine is charged
with: Count One - Conspiracy to Possess with Intent to
Distribute and to Distribute Controlled Substances in
violation of 21 U.S.C. §§ 841(a)(1), 846; and
Counts Seven, Eight, and Nine - Unlawful Distribution of
Controlled Substances in violation of 21 U.S.C. §
841(a)(1) and Aiding and Abetting in violation of 18 U.S.C.
trial is scheduled to begin on May 4, 2020.
Court entered its Trial Notice and Standing Order regarding,
in part, discovery and inspection of documents. The Court
ordered that, upon request of defense counsel, the
Government: provide all Fed. R. Crim. P. 16(a)(1) information
and permit defense counsel to inspect, copy, or photograph
any exculpatory/impeachment evidence as required by Brady
v. Maryland, 373 U.S. 83 (1963), United States v.
Agurs, 427 U.S. 97 (1976), and Giglio v. United
States, 405 U.S. 105 (1972). Nothing in the Order
required the disclosure of Jencks Act material prior to the
time its disclosure is required by law. The Court
specifically noted the duty to disclose is continuing, even
Discovery Notice, the Government summarized that government
agents obtained evidence from numerous sources. The
Government says it either affirmatively produced that
information, or, agreed to make that information available
for inspection upon defense counsel's request. The
Government also noted its obligation to provide materials as
required by Brady and its progeny in time for
effective use at trial.
most criminal prosecutions, there are three governing rules
that “exhaust the universe of discovery to which a
defendant is entitled.” U.S. v. Presser, 844
F.2d 1275, 1286, n.12 (6th Cir. 1988). Those are: the
Brady doctrine and its progeny, Fed. R. Crim. P. 16,
and the Jencks Act. Id.
Brady doctrine, derived from Brady v.
Maryland, 373 U.S. 83 (1962), requires the Government to
disclose evidence that is favorable to the accused and
material to guilt or punishment, as well as evidence that
could be used to impeach the credibility of a government
witness. Presser, 844 F.2d at 1281.
Crim. P. 16(a) requires the Government to disclose, upon
request, “any oral or written statements of the
defendant, the defendant's prior record, any documents or
tangible evidence within the government's possession,
custody or control [that are material to the defense or to be
used in the Government's case-in-chief], reports of
examinations or tests, and a summary of any expert witness
testimony.” U.S. v. Watson, 787 F.Supp.2d 667,
672 (E.D. Mich. 2011); see also Presser, 844 F.2d at
Jencks Act generally requires the Government, upon request
from the defendant, to produce the statements of witnesses
who will testify at trial. United States v. Short,
671 F.2d 178, 185 (6th Cir. 1982).