BARRY J. PORTMAN

Federal Public Defender

REBECCA SILBERT

Assistant Federal Public Defender

450 Golden Gate Avenue

San Francisco, CA  94102

Telephone:  (415) 436-7700

 

Counsel for Defendant XXXXXX

 

 

 

 

 

IN THE UNITED STATES DISTRICT COURT

 

FOR THE NORTHERN DISTRICT OF CALIFORNIA

 

 

UNITED STATES OF AMERICA,

                                   Plaintiff,

vs.

KEITH XXXXXX,

 

                               Defendant.

 

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No. CR 00-0000 XXX

 

EX PARTE APPLICATION AND DECLARATION IN SUPPORT OF ORDER AUTHORIZING INDIGENT SUBPOENA UNDER RULE 17 (b) AND (c), FEDERAL RULES OF CRIMINAL PROCEDURE

 

FILE UNDER SEAL

 

 

 

 

 

 

I, REBECCA SILBERT,make the following declarations under penalty of perjury:

1)       I am an Assistant Federal Public Defender and am representing defendant XXXX XXXXXX in the above captioned case.

2)       I am informed by defendant and believe, and on the basis of said information and belief allege that Mr. XXXXXX is unable to pay for expenses in connection with the duplication of the materials listed in the attached subpoena.

3)       I am familiar with the materials to be produced by the custodian of records and it is my professional judgment and opinion that the production of said materials is necessary to a full and fair trial for the above-named defendant and is also necessary for adequate preparation of the defense.

WHEREFORE, defendant prays that an order issue:

1)       authorizing the issuance of the subpoena for copies of San Francisco Police Department personnel records specified in the subpoena;

2)       authorizing the costs of fees and expenses associated with production of the materials so subpoenaed to be paid as if subpoenaed by the government;

3)       ordering the production of the documents to the Honorable Vaughn Walker for in camara review  on or before July 29, 2002;

4)       ordering that this application and order be filed under seal.

 

Dated: July 18, 2002

 

Respectfully submitted,

 

BARRY J. PORTMAN

Federal Public Defender

 

 

 

REBECCA SILBERT

Assistant Federal Public Defender

 

IN THE UNITED STATES DISTRICT COURT

 

FOR THE NORTHERN DISTRICT OF CALIFORNIA

 

 

UNITED STATES OF AMERICA,

                                   Plaintiff,

vs.

XXX XXXXXX ,

                               Defendant.

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No. CR 00-0000 XXX

 

ORDER

 

FILE UNDER SEAL

 

 

 

 

 

 

On the motion of the defendant Keith XXXXXX pursuant to rule 17(b) and (c) of the Federal Rules of Criminal Procedure, and good cause appearing therefore,

IT IS HEREBY ORDERED that the following subpoena issue for the specified San Francisco Police Department personnel records, and that the fees and expenses associated with production of the materials so subpoenaed shall be paid as if subpoenaed by the government.

IT IS FURTHER ORDERED that the subpoena command the production of the material to the Honorable Vaughn Walker for in camera review  on or before July 29, 2002.

IT IS FURTHER ORDERED that this application and order be filed under seal.

DATED:    

 

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VAUGHN WALKER

United States District Judge