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    U.S. v. Combs - Judge ROBYN F. TARNO SKY Order

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    U.S. v. Combs - Judge ROBYN F. TARNO SKY Order

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    Robert Gouveia
    36 views3 pages
    Full Analysis Available at RobertGouveia.com.

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    Full Analysis Available at RobertGouveia.com.

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    36 views3 pages

    U.S. v. Combs - Judge ROBYN F. TARNO SKY Order

    Uploaded by

    Robert Gouveia
    Full Analysis Available at RobertGouveia.com.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Case 1:24-cr-00542-ALC Document 14 Filed 09/18/24 Page 1 of 3

    UNITED STATES DI TRICT COURT


    SOUTHERN DISTR i' T OF NEW YORK

    ----------------------------------X
    UNITED STATES 0
    24 CR 542 (ALC) (RFT)
    -against-
    ORDER
    SEAN COMBS,

    Defendant(s).

    ------------------------ ----------------------------------X
    ROBYN F. TARNO SKY, United States Magistrate Judge:

    This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due

    Process Protectio s Act, Pub. L. No 116-182, 134 Stat. 894 (Oct. 21, 2020), to confirm the

    Government's dis losure obligations under Brady v. Maryland, 373 U.S. 83 {1963), and its

    progeny, and to s mmarize the possible consequences of violating those obligations.

    The Gover ment must disclose to the defense all information "favorable to an accused"

    that is "material ei her to guilt or to punishment" and that is known to the Government. Id. at

    87. This obligation applies regardless of whether the defendant requests this information or

    whether the infor ation would itself constitute admissible evidence. The Government shall

    disclose such infor ation to the defense promptly after its existence becomes known to the

    Government so th · t the defense may make effective use of the information in the preparation

    of its case.

    As part oft ese obligations, the Government must disclose any information that can be

    used to impeach t e 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
    Case 1:24-cr-00542-ALC Document 14 Filed 09/18/24 Page 2 of 3

    sufficiently in adv nee of trial in order for the defendant to make effective use of it at trial or at

    such other time a the Court may order. 1

    The forego ng obligations are continuing ones and apply to materials that become

    known to the Gov rnment in the future. These obligations also apply to information that is

    otherwise subject o disclosure regardless of whether the Government believes it.

    In the even the Government believes that a disclosure under this Order would

    compromise witne s safety, victim rights, national security, a sensitive law-enforcement

    technique, or any ther substantial government interest, it may apply to the Court for a

    modification of its bligations, which may include in camera review or withholding or subjecting

    to a protective ord r all or part of the information otherwise subject to disclosure. 2

    For purpose of this Order, the Government has an affirmative obligation to seek all

    information subjec to disclosure under this Order from all current or former federal, state, and

    local prosecutors, I w enforcement officers, and other officers who have participated in the

    prosecution, or inv stigation that led to the prosecution, of the offense or offenses with which

    the defendant is ch rged.

    If the Gover ment fails to comply with this Order, the Court, in addition to ordering

    production of the in ormation, may:

    (1) specify the t rms and conditions of such production;

    (2) grant a conti uance;

    1. This Order does not purport to set forth an exhaustive list of the Government's disclosure obligations.

    2. The Classified lnfor ation Procedures Act sets forth separate procedures to be followed in the event
    that the Gove nment believes matters relating to classified information may arise in connection
    with the pros cution. See 18 U.S.C. app. 3 §§ 1 et seq.
    Case 1:24-cr-00542-ALC Document 14 Filed 09/18/24 Page 3 of 3

    (3) impose evi entiary sanctions;

    (4) impose co tempt or other sanctions on any lawyers responsible for violations of the

    Govern me t's disclosure obligations, or refer the matter to disciplinary authorities;

    (5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or

    (6) enter any o her order that is just under the circumstances.

    DATED: Septembe 18, 2024


    New York, Y

    ROBYN F. TARNOFSKY
    United States Magistrate Judge

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