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STIPULATION AND [PROPOSED] ORDER RE PROCEDURES FOR DISCLOSURE

CR 08-0887 MHP

JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

WILLIAM FRENTZEN (LABN 24221)

CYNTHIA M. FREY (CABN 150571)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-7200

Fax: (415) 436-7234

E-Mail: william.frentzen@usdoj.gov 

 cynthia.frey@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA,

Plaintiff,

v.

WICKETT MORRIS and CYNTHIA

JONES,

Defendants.

 

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No. CR 08-0887 MHP

STIPULATION AND [PROPOSED]

ORDER REGARDING PROCEDURES

FOR DISCLOSURE OF PERSONNEL

FILES REGARDING SAN FRANCISCO

POLICE DEPARTMENT OFFICERS

The parties submit this stipulation to employ the following protective procedures for

making disclosures of any personnel files of officers of the San Francisco Police Department

(“SFPD”) produced in this case. 

1. The parties agree that it is appropriate to restrict disclosure of the personnel files

of officers of the SFPD solely to defendants’ counsel and any other member of defendants’ trial

teams, including the investigative firm or any expert witnesses assisting in the preparation of the

defense, in the above captioned matter and solely for use in preparing for and conducting the trial

of the above-captioned matter. The parties agree that the persons described in the previous

Case 3:08-cr-00887-EMC Document 171 Filed 01/08/10 Page 1 of 4
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STIPULATION AND [PROPOSED] ORDER RE PROCEDURES FOR DISCLOSURE

CR 08-0887 MHP 2

sentence should be barred from distributing personnel files of officers of the SFPD to any other

person or entity. 

 2. The above referenced materials produced in this case may not be distributed to

either defendant in this case. However, those persons authorized in paragraph 1 may discuss the

information contained in those materials with the defendants, as long as no personal contact

information (addresses, dates of birth, Social Security numbers, phone numbers, etc.) of the

police officers and/or the complainants are provided to the defendants. Should any materials be

shown to the defendants, the personal contact information of the police officers or the

complainants must be redacted. Such materials produced in this case may not be retained by the

defendants. 

3. Disclosure of the personnel files of officers of the SFPD to the above authorized

individuals is limited to use in the above captioned matter and solely for use in preparing for and

conducting the trial of the above-captioned matter, as well as, if applicable, appeal or habeas

proceedings relating to the above-captioned matter. 

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STIPULATION AND [PROPOSED] ORDER RE PROCEDURES FOR DISCLOSURE

CR 08-0887 MHP 3

4. On final disposition of this case, including through any appeal or habeas corpus

proceedings, counsel shall promptly, without request or further court order, return all produced

personnel files of the officer of the SFPD to Assistant United States Attorneys William Frentzen

and/or Cynthia Frey, or certify the destruction of the files to Assistant United States Attorneys

William Frentzen and/or Cynthia Frey, or to the responsible Assistant United States Attorney of

record on this matter. The parties agree that this Stipulation and Order also extends to successor

counsel for the defendants and the undersigned counsel for the defendants are required to alert

any successor of the obligations of this Stipulation and Order. 

IT IS SO STIPULATED:

DATED: January 6, 2010 JOSEPH P. RUSSONIELLO

United States Attorney

 /s/ 

WILLIAM FRENTZEN

CYNTHIA M. FREY

Assistant United States Attorneys

DATED: January 6, 2010 /s/ 

LYNN M. KESLAR

Attorney for Wickett Morris

DATED: January 6, 2010 /s/ 

PAUL D. WOLF

Attorney for Wickett Morris

DATED: January 6, 2010 /s/ 

ETHAN A. BALOGH

Attorney for Cynthia Jones

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STIPULATION AND [PROPOSED] ORDER RE PROCEDURES FOR DISCLOSURE

CR 08-0887 MHP 4

IT IS THE ORDER OF THE COURT, that the above described protections shall

apply to the records produced to the defendants pursuant to this Order:

DATED: ___________________ ___________________________

MARILYN HALL PATEL

United States District Judge

1/6/2010

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

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