UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

EL PASO DIVISION

UNITED STATES OF AMERICA, §

§

Plaintiff, §

i V. § EP-20-CR-00389-DCG

§

PATRICK WOOD CRUSIUS, §

§

Defendant, §

ORDER

On this day, the Court sua sponte considered the above-captioned case. On February 28,

2020, the Court set this case for a status hearing on Monday, March 2,2020, at 3:00 p.m. for the

purposes of addressing the parties' concerns on the Court's January 6, 2020 protective order,

attached at the end ofthis order, covering Defendant Patrick Crusius's pre-trial jail visitor logs

and correspondence. ECF No. 54. In communications with the Court, the parties have advised

the Court that they have agreed to a revised protective order that would best serve the interests of

the parties. Upon the motion ofthe parties, and for good cause shown, the Court issues the

following orders:

IT IS ORDERED that the status hearing initially set for Monday, March 2,2020, at 3:00 /

p.m., see "Order Setting Status Hearing" (ECF No. 54), is HEREBY VACATED.

IT IS FURTHER ORDERED that the seal imposed by this Court on the "Order

Granting Defendant's Motion for Protective Order" is REMOVED.

IT IS FURTHER ORDERED that the Court's "Order Granting Defendant's Motion for

Protective Order" issued on January 6, 2020, is VACATED.

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IT IS FURTHER ORDERED that, pursuant to the parties' agreement:

1. Any logs or documents maintained at the El Paso County Jail regardingvisitation

with Defendant Patrick Crusius and his defense team must be maintained by jail

personnel in a private place and may not be accessed, collected,discussed with or

viewed by any members of the public includingany law enforcement officers or

prosecutorsfrom either the State of Texas or the United States, absent further Order

ofthis Court.

2. "Defense Team" is defined as any persons working under the supervision and

guidance of any court-appointed counsel by either this Court or any State Court, to

represent Patrick Crusius. This includes but is not limited to attorneys, investigators,

and professionals in different fields of expertise such as psychologists, doctors, social

workers and other professionals who would likely be deemed "experts" in court.

"Defense Team" does not include 'civilian' lay people who are friends or family

members ofPatrick Crusius or other non-professional persons who are seeking to

visit or correspond with Mr. Crusius without supervision or authorization of either

defense team.

3. Neither the Sheriff nor the United States Marshall shall permit any person to visit

Patrick Crusius without first obtaining permission from court appointed counsel either

from the State or Federal Defense Team. A list of approved visitors will be

maintained at the jail.

4. Any such 'civilians' who are necessary as witnesses in the judgment of either defense

team and who need to visit Mr. Crusius in a non-monitored, confidential setting, must

first be approved by either the State or Federal court in an ex parte sealed Motion for

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ConfidentialVisit, outlining for the Court who the person is, and why this person's

visit is necessary and should be confidential. If the Courtgrantsthe motion, an ex

parte sealedOrderto sealthose particular visits will be issuedby eitherthe State or

Federal court.

5. Logsregarding visitation between the Defendant and his defense team may be viewed

by members ofthe state and federal defense teams representing the Defendant.

6. Logs or documents maintainedat the El Paso County Jail regarding visitation

between the Defendant and individuals other than his defense team may be

maintained in the normal fashion as determined by officials from the United States

Marshals Service and the El Paso County Sheriffs Office.

7. Both the United States and the 34th Judicial District Attorney's Office may access,

collect, discuss, and otherwise view the contents oflogs regarding visitation between

the Defendant and individuals other than his defense team.

8. The United States and the 34th Judicial District Attorney's Office as well as any other

persons not affiliated with the defense teams, are prohibited from copying or

reviewing, either directly or indirectly, the Defendant's written correspondence to

either his State or Federal Defense teams while he is incarcerated during the

pendency ofthis case.

9. The United States and the 34th Judicial District Attorney's Office may monitor, copy,

and otherwise review, either directly or indirectly, the Defendant's communications,

both telephonic and written, that are non-privileged and made to parties other than his

State and Federal Defense teams.

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10. Nothing shall prohibit SheriffWiles orthe Sheriffs Office from consulting with their

legal counsel in theEl Paso County Attorney's Office regarding matters pertaining to

thisOrder or the January 6,2020 Protective Order. SheriffWiles andthe Sheriffs

Office shallnot be prohibited from disclosing information or documents covered by

the Protective Order to their legal counsel when seeking legal advice as to how to

properly comply with the ProtectiveOrder.

11. SheriffWiles and the Sheriffs Office shall be prohibited from divulging or

discussing information or documents coveredby the Protective Order when sought in

accordance with Texas, or any other, laws. If a request for records covered by the

January 6, 2020 order would normally require a submission ofresponsive documents

to the Texas Attorney General under Texas Government Code, section 552.301(e),

Sheriff Wiles, the Sheriffs Office and their legal counsel, are prohibited from

sending the responsive documents to the Texas Attorney General, but must instead

send a copy ofthis order and the January 6,2020 order to the Texas Attorney

General.

IT IS FURTHER ORDERED that the contents ofthis Order may be shared with any

relevant member ofthe United States Marshals Service; El Paso, Texas, County official; member

ofthe United States Attorney's Office for the Westem District ofTexas; and member ofthe 34th

Judicial District Attorney's office whose cooperation is necessary to implement the Court's

orders as provided herein.

IT IS FINALLY ORDERED that today's Order shall remain in effect until further order

ofthe Court.

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So ORDERED and SIGNED this day ofMarch 2020.

DAVID C. GUADERRAMA

UNITED STATES DISTRICT JUDGE

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