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United States v. Mumford

United States District Court, D. Oregon

February 16, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MARCUS MUMFORD, Defendant.

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on Defendant Marcus Mumford's motion for discovery (Dkt. No. 5). Having thoroughly considered the parties' briefing and the relevant record, and oral argument heard on February 15, 2017, the Court hereby GRANTS IN PART and DENIES IN PART the motion for the reasons explained herein.

         I. BACKGROUND

         This case involves alleged violations of 41 C.F.R. § 102-74.390(c) and 41 C.F.R. § 102-74.385. (Dkt. No. 1 at 1-2.) The events giving rise to the allegations occurred on October 27, 2016, in a courtroom in the Mark O. Hatfield Federal Courthouse, in Portland, Oregon. (Id.)

         II. DISCUSSION

         The Government provided early discovery in this case. (Dkt. No. 6 at 1.) On December 19, 2016, the Government provided all of the reports and witness statements it had in its possession at the time, as well as a copy of the transcript of the record and the courtroom security video. (Id.) Defendant now makes 38 specific discovery requests. (Dkt. No. 5.)

         A. Request Numbers 3, 8, 18, 20, 28, and 34.

         The government makes no objection to Request Numbers 3, 8, 18, 20, 28, and 34, (Dkt. No. 6 at 3, 6, 10, 11, 15, 19-20), and the requests are GRANTED.

         B. Request Numbers 1, 2, and 10.

         Request Number 1 asks for

[a]ll emails, texts, twitter messages, reports and other communications from, to, and among agents of the U.S. Marshal's Service, the Department of Homeland Security, and/or Federal Protective Service or contracted court security officers (collectively, for the purpose of this request, the “U.S. Marshal's Service”) relating to (1) events in Courtroom 9A on October 17, 2016, during a break in the Bundy trial, where U.S. Marshals confronted Mr. Mumford and accused him of “threatening” them, and (2) events in the courtroom of Judge Anna Brown on October 27, 2016.

(Dkt. No. 5 at 1-2.) Request Number 2 asks for the same materials “during the trial of Ammon Bundy that mention Marcus Mumford.” (Id. at 2.) Request Number 10 asks for the same materials “related to, and any record, video, and/or audio recording of, a hearing held October 7, 2016, in the courtroom of Judge Robert E. Jones, at approximately 1 p.m., including an ex parte meeting held in camera prior to the hearing.” (Id. at 4-5.)

         The Government objects to the requests as being “overly broad in scope and overly general in rationale” and that Defendant “has provided no explanation of how the requested materials are material to preparing the defense.” (Dkt. No. 6 at 2.) The Government also understands this request to cover only materials in its possession. (Id.) Finally, the Government points out that “to the extent that the requested materials constitute Brady evidence or Jencks statements, the government already has an obligation to produce them and no further order is necessary.” (Id. at 3.) The Court agrees. However, the Court finds that the Marshals' government issued cell phones are subject to discovery and should any texts reveal hostility towards Defendant or in any way casts doubt on their credibility, they must be produced. Because the Court expects the Government to fulfill its obligation, Defendant's Request Numbers 1, 2, and 10 are DENIED.

         C. Request Numbers 4, 5, 7, 9, 11-14, 19, 26, ...


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