Case 1:24-cr-00154-ER Document 36 Filed 04/11/24 Page 1 of 3
`
`
`
`‘USDC SDNY
`f
`DOCUMENT
`ELECTRONICALLY FILED If.
`DOC #:
`we
`DATE FILED: aninou
`
`24-CR-00154 (ER-5)
`
`ORDER
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`eeeeeneeeneeexX
`
`UNITED STATES OF AMERICA,
`
`-against-
`
`KEMAR BONITTO,
`
`Defendant.
`
`perenneeennenenanenneneneneceneneneneenaneemernnnnens4
`
`SARAH NETBURN,United States Magistrate Judge:
`
`This Orderis 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 consequencesofviolating 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. Id.
`
`at 87. This obligation applies regardless of whether the defendant requests this information
`
`or whetherthe information would itself constitute admissible evidence, The Government
`
`shall disclose such information to the defense promptly after its existence becomes knownto
`
`the Governmentso that the defense may make effective use of the information in the
`
`preparation of its case.
`
`Aspart of these obligations, the Government must disclose any information that can be
`
`used to impeachthe 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-00154-ER Document 36 Filed 04/11/24 Page 2 of 3
`
`sufficiently in advanceoftrial in order for the defendant to make effective useofit at trial or
`
`at such other time as the Court may order.!
`
`The foregoing obligations are continuing ones and apply to materials that become
`
`known to the Governmentin the future. These obligations also apply to informationthatis
`
`otherwise subject to disclosure regardless of whether the Governmentcreditsit.
`
`In the event the Governmentbelieves that a disclosure under this Order would
`
`compromise witness safety, victim rights, national security, a sensitive law-enforcement
`
`technique, or any other substantial governmentinterest, it may apply to the Courtfor a
`
`modification of its obligations, which may include in camera review or withholding or
`
`subjecting to a protective orderali or part of the information otherwise subject to
`
`disclosure.”
`
`For purposesof this Order, the Governmenthas an affirmative obligation to seek all
`
`information subject to disclosure underthis Order from all current or former federal, state,
`
`and local prosecutors, law enforcementofficers, and other officers who have participated in
`
`the prosecution,or investigation that led to the prosecution, of the offense or offenses with
`
`which the defendant is charged.
`
`If the Governmentfails to comply with this Order, the Court, in addition to ordering
`
`production of the information, may:
`
`(1) specify the terms and conditions of such production;
`
`(2) grant a continuance;
`
`(3) impose evidentiary sanctions;
`
`' This Order does not purport to set forth an exhaustive list of the Government’s disclosure obligations.
`2 The Classified Information Procedures Act sets forth separate procedures to be followedin the event that the
`Governmentbelieves matters relating to classified information may arise in connection with the prosecution. See 18
`U.S.C. app. 3 §§ 1 ef seq.
`
`
`
`Case 1:24-cr-00154-ER Document 36 Filed 04/11/24 Page 3 of 3
`
`(4) impose contempt or other sanctions on any lawyer responsible for violations of the
`
`Government’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 other order that is just under the circumstances.
`
`SO ORDERED.
`
`DATED:
`
`April 11, 2024
`New York, New York
`
`SARAH NETBURN
`United States Magistrate Judge
`
`
`
`
`
`
