Case 1:22-cr-00522-GHW Document 89 Filed 02/08/23 Page 1 of 2
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`UNITED STATES OF AMERICA,
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`-against-
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`EDWARD RODRIGUEZ,
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`Defendant.
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`-------------------------------------------------------- -----x
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`Ona T. Wang, United States Magistrate Judge:
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`22-CR-522 (GHW)
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`ORDER
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`This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm
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`the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its
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`progeny, and to summarize the possible consequences of violating those obligations.
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`The Government must disclose to the defense all information "favorable to an accused"
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`that is "material either to guilt or to punishment" and that is known to the Government. Id. at
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`87. This obligation applies regardless of whether the information would itself constitute
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`admissible evidence. The Government shall disclose such information to the defense promptly
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`after its existence becomes known to the Government so that the defense may make effective
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`use of the information in the preparation of its case.
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`As part of these obligations, the Government must disclose any information that can be
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`used to impeach the trial testimony of a Government witness within the meaning of Giglio v.
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`United States, 405 U.S. 150 (1972), and its progeny. Such information must be disclosed
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`sufficiently in advance of trial in order for the defendant to make effective use of it at trial or at
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`such other time as the Court may order.
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`The foregoing obligations are continuing ones and apply to materials that become
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`known to the Government in the future. Additionally, if information is otherwise subject to
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`disclosure, it must be disclosed regardless of whether the Government credits it.
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`Case 1:22-cr-00522-GHW Document 89 Filed 02/08/23 Page 2 of 2
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`In the event the Government believes that a disclosure under this Order would
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`compromise witness safety, victim rights, national security, a sensitive law-enforcement
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`technique, or any other substantial government interest, it may apply to the Court for a
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`modification of its obligations, which may include in camera review or withholding or subjecting
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`to a protective order all or part of the information otherwise subject to disclosure.
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`For purposes of this Order, the Government includes all current or former federal, state,
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`and local prosecutors, law-enforcement officers, and other officers who have participated in
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`the prosecution, or investigation that led to the prosecution of the offense or offenses with
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`which the defendant is charged . The Government has an affirmative obligation to seek from
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`such sources all information subject to disclosure under this Order.
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`If the Government fails to comply with this Order, the Court, in add ition to ordering
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`production of the information, may:
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`(1) specify the terms and conditions of such production;
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`(2) grant a continuance;
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`(3) impose evidentiary sanctions;
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`(4) impose sanctions on any responsible lawyer for the Government;
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`(5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or
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`(6) enter any other order that is just under the circumstances.
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`SO ORDERED.
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`s/ Ona T. Wang
`Ona T. Wang
`United States Magistrate Judge
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`Dated : February 8, 2023.
`New York, New York
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