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U.S. v. Blinn

United States District Court, S.D. Indiana, Indianapolis Division
Apr 25, 2005
Cause No. IP 04-126-CR-03 H/F (S.D. Ind. Apr. 25, 2005)

Opinion

Cause No. IP 04-126-CR-03 H/F.

April 25, 2005


ENTRY ON MOTION FOR DISCLOSURE OF PRESENTENCE REPORTS


Defendant Edwin Blinn has moved for discovery of presentence investigation reports on four individuals who he expects will be government witnesses against him. (Docket No. 42) The government has filed three such reports under seal for in camera inspection. The fourth person apparently has not been the subject of a federal presentence investigation.

An accused's request for disclosure of a witness's presentence report requires the court to consider both the important privacy protections surrounding those reports and the accused's right to due process of law, which includes access to evidence favorable to him, including material useful in impeaching government witnesses. See United States v. Jackson, 978 F.2d 903, 909 (5th Cir. 1992), citing Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). In the Seventh Circuit, the court should allow limited disclosure of relevant portions of a witness's presentence report where the defense makes a compelling and particularized need for such disclosure. United States v. Corbitt, 879 F.2d 224, 239 (7th Cir. 1989) (recognizing that a party's need to impeach witness in litigation can satisfy that standard). Such disclosure should be under procedures designed to limit circulation to the minimum necessary. Id. at 239 n. 19.

The court has reviewed the three reports in question. They contain material that is highly relevant to potential impeachment of these three individuals if they testify at trial. The reports on both Joshuah Kemp and Mashawn Kemp include information about their criminal histories and their history of drug use. Richardson has no criminal history and no history of drug abuse, according to his report. At this time, the court cannot speculate as to which items might be cumulative to material already produced to the defendant, such as their plea agreements. Cf. United States v. Dweck, 913 F.2d 365, 371 (7th Cir. 1990) (affirming district court's finding during trial that presentence reports contained only cumulative material for impeaching government witness). The court will order disclosure of the relevant portions of Joshuah Kemp's and Mashawn Kemp's reports.

It is more difficult for the court, which is not privy to the defense strategy and theory, to determine whether the reports contain exculpatory material on the merits of the charges. Nevertheless, the portions of the reports describing the offense and the individual defendant's role in it are likely to be helpful and should be disclosed.

Accordingly, the government is hereby ordered to produce to counsel for defendant Blinn no later than noon on Wednesday, April 27, 2005, redacted copies of the presentence reports of Joshuah Kemp, Mashawn Kemp, and Don Richardson. Joshuah Kemp's report shall include the first two pages, plus Part A (The Offense), Part B (Defendant's Criminal History), and Paragraphs 78 and 79 of Part C (history of substance abuse). Mashawn Kemp's report shall also include the first two pages, plus Part A (The Offense), Part B (Defendant's Criminal History), and Paragraph 90 of Part C (history of substance abuse). Richardson's report shall include the first two pages, plus Part A (The Offense). Defense counsel shall keep these reports confidential, shall use them only for the purpose of trial in this action, and shall return the original and all copies to the government after the trial. The court recognizes that the cover pages include personal identifiers such as Social Security numbers. The court finds that these limits on defense counsel's use of the reports will suffice to protect the privacy interests of the witnesses.

So ordered.


Summaries of

U.S. v. Blinn

United States District Court, S.D. Indiana, Indianapolis Division
Apr 25, 2005
Cause No. IP 04-126-CR-03 H/F (S.D. Ind. Apr. 25, 2005)
Case details for

U.S. v. Blinn

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. EDWIN W. BLINN, JR., Defendant

Court:United States District Court, S.D. Indiana, Indianapolis Division

Date published: Apr 25, 2005

Citations

Cause No. IP 04-126-CR-03 H/F (S.D. Ind. Apr. 25, 2005)