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INTHE UNITED STATES DISTRICT COURT

FORTHEWESTERN DISTRICT OFTEXAS

EL PASO DIVISION

UNITED STATES OF AMERICA, §

§ Plaintiff, g

§ CRIMINAL NO.EP-20-CR-0389-DCG

§ PATRICK WOOD CRUSIUS, §

§ Defendant. §

PROTECTIVE ORDER GOVERNING DISCOVERY

Upon the motion ofthe Government, and for good cause shown, pursuant to Fed. R. Grim.

P. 16(d) and 18 U.S.C. §3771(a)(1) and (8), it is hereby ORDERED:

1. This Protective Order governs all discovery material in any format (written or

electronic) that is produced by the Government in discovery in the above captioned case.

2. Discovery in this case is voluminous and many of these materials and documents

include personally identifiable information (PII) such as Social Security numbers, dates of birth,

addresses, financial account numbers, and other personal identifiers. Included in the discovery are

crime scene photos, as well as law enforcement sensitive materials.

3. Disclosure of discovery material will be restricted to the state prosecution team, the

federal defense team and the state defense team ("authorized persons") with the limited exceptions

discussed below. "State prosecution team" shall be limited to employees of the 34^'' Judicial

District, District Attorney's Office and any experts retained by same. "Defense team" shall be

limited to criminal attorneys ofrecord for the Defendant and any ofthe following people working

on this matter under the supervision ofthe criminal attorneys ofrecord: attorneys, investigators,

paralegals, law clerks, testifying and consulting experts, and legal assistants. For purposes ofthis

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Order, "defense team" does not include the Defendant. Members ofthe defense team shall not

disclose discovery materials or their contents, directly or indirectly, to any persons outside ofthe

defense team, except as specifically set forth below.

4. The state prosecution team shall inform any one ofthe state criminal defense attorneys

ofrecord to whom disclosure of discovery material obtained from the United States Attorney's

Office - El Paso Division is made ofthe existence and terms ofthis Protective Order and obtain a

signed acknowledgement.

5. Defendant's attorneys shall inform any member of the defense team to whom

disclosure of discovery material is made ofthe existence and terms ofthis Protective Order and

obtain a signed acknowledgment by the defense team member.

6. Defendant's attorneys shall not disclose the state discovery to athird party unless this

court, having considered the privacy and security interests of victims and witnesses, determines

that there is good cause for the disclosure. Ifthis court grants disclosure ofthe state discovery, the

defense team shall redact personally identifiable information (PII) before sharing the state

discoverywith the Defendant or a witness.

7. Members of the defense team shall retain custody of all copies of the discovery

material, except as discussed below with regard to Defendant review. Members ofthe defense

team shall use discovery material only for the purpose ofpreparing adefense to the charges in this

action. Members ofthe defense team may review the discovery material with Defendant and

witnesses for purposes oftrial preparation, provided that witnesses may review the material only

in the presence ofamember ofthe defense team and may not take notes regarding the content of

the discovery material. These restrictions, however, do not apply to expert witnesses who may

need to independently review and retain some discovery in order to do theirjobs. In the event that

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an expert witness needs to retain discovery documents as part ofhis or her preparation, said expert

must sign aconfidentiality agreement making them subject to the authority ofthis Court ifthey

violate it. At the conciusion oftheir expert role in the case, all such material must be returned to

defense counsel.

8. Defense counsel may provide discovery to Defendant, subject to the following

conditions:

a) Defendant shall use discovery material only for the purpose of assisting the defense

team with preparing adefense to the charges in this action;

b) DefendMt may not provide copies ofthe discovery material to any third parties and

may only review the discovery material either alone or in the presence ofthe defense

team;

c) Defendant shall only be pemitted to review his copy ofthe discovery material in the

courthouse itself, or facilities approved by the detention center detained at for this

purpose, on detention center-approved computers, or in hard copies maintained by the

detention center staffwhile not in use by the Defendant; and

d) Defendant shall not be permitted to maintain acopy ofthe discovery material, or any

notes made while reviewing that material, inhis cell.

9. To the extent any material is produced by the Government to Defendant or Defendant's

counsel by mistake, the Government shall have the right to request the return ofthe material and

shall do so mwriting. Within five days ofthe receipt ofsuch arequest, the defense team shall

return all such material if in hard copy, and in the case of electronic materials, shall certify in

writing that all copies ofthe specified material have been deleted from any location in which the

material was stored.

10. Any discovery material that the defense team files with the Court in connection with

pre-trial motions, trial, or other matters before the Court, shall be filed under seal and shall remain

sealed until otherwise ordered bythe Court.

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11.This Protective Order may be modified, as necessary, by filing with the Court a

Stipulated Order Modifying the. Protective Order or by order of the Court after service of the

defense motion uponthe Government and hearing withthe court.Afterobtaininga modified order

from the Court, any discovery material the defense team files with any Court or tribunal in

connection with post-conviction matters, or anymatters before any Courtortribunal, shall be filed

under seal and shall remain sealed until otherwise ordered by the Court.

Signed this

/A'^ I y day ofFebruary, 2020.

HOND^BLE DAVIDSGUADERRAMA

UNITED STATES DISTRICT COURT JUDGE

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