UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

EL PASO DIVISION

UNITED STATES OF AMERICA

Plaintiff

VS

(1) Patrick Wood Crusius

Defendant

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No: EP:20-CR-00389(1)-DCG

STANDING DISCOVERY, PRETRIAL AND TRIAL ORDER

On this day, the Court considered the above-captioned cause. In an effort to

efficiently manage the Court’s crowded docket, and in order to expedite discovery

and bring about full readiness for trial within the meaning of the Speedy Trial Act,

18 U.S.C. §§ 3161, et seq., the following orders are entered:

IT IS HEREBY ORDERED that the parties confer and accomplish the following

WITHIN the time periods set out below in Paragraphs I–IX.

I. NO LATER THAN FOURTEEN DAYS FROM THE ENTRY OF THIS ORDER

A. The United States of America (the Government) shall permit the Defendant to

inspect and copy the following items or copies thereof, or supply copies

thereof which are within the possession, custody or control of the Government,

the existence of which is known, or by the exercise of diligence may become

known to the Government:

(1) The substance of any oral statement made by the Defendant before or

after his or her arrest in response to interrogation by a person then

known to be a Government agent which the Government intends to

offer into evidence at trial. See Fed. R. Crim. P. 16(a)(1)(A).

(2) Any written or recorded statements made by the Defendant. See Fed. R.

Crim. P. 16(a)(1)(B).

(3) The Defendant’s Federal Bureau of Investigation arrest record to

include all prior felony convictions and misdemeanor convictions

involving moral turpitude which the Government intends to use for

impeachment of the Defendant at trial. See Fed. R. Crim. P. 16(a)(1)(D).

(4) The Federal Bureau of Investigation arrest record of any Government

witness, which shall include all prior felony convictions and

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misdemeanor convictions of moral turpitude, and all arrests and

charging instruments of a Government witness which were in existence

or occurred at or after the time of the alleged offense in this case or any

other part of the criminal record of a Government witness which may

show bias of the witness or motive as to why the witness would testify

in the manner testified to at trial. See Davis v. Alaska, 415 U.S. 308

(1974).

(5) Books, papers, documents, photographs, tangible objects, buildings or

places which the Government intends to use as evidence at trial in its

case-in-chief, or which were obtained from or belong to the Defendant.

See Fed. R. Crim. P. 16(a)(1)(E).

(6) Results of reports of physical or mental examination and of scientific

tests or experiments made in connection with this case. See Fed. R.

Crim. P. 16(a)(1)(F).

(7) A written summary, describing the witness’s opinions, the bases and

reasons for those opinions, and the witness’s qualifications, of the

testimony of any expert witness that the Government intends to use at

trial in its case-in-chief and any facts or data upon which any such

expert’s opinion testimony is based. See Fed. R. Crim. P. 16(a)(1)(G);

Fed. R. Evid. 705.

B. The Defendant shall permit the Government to inspect and copy the following

items or copies thereof, or supply copies thereof which are within the

possession, custody or control of the Defendant the existence of which is

known or by the exercise of diligence may become known to the Defendant:

(1) Books, papers, documents, photographs, or tangible objects which the

Defendant intends to use as evidence in its case-in-chief at trial. See

Fed. R. Crim. P. 16(b)(1)(A).

(2) Results of reports of physical or mental examinations, and of scientific

tests or experiments, made in connection with this case, which the

Defendant intends to use as evidence in its case-in-chief at trial or

which were prepared by a defense witness who will testify concerning

the contents thereof. See Fed. R. Crim. P. 16(b)(1)(B).

(3) A written summary (describing the witness’s opinions, the bases and

reasons for those opinions, and the witness’s qualifications) of the

testimony of any expert witness that the Defendant intends to use at

trial and any facts or data upon which any such expert’s opinion

testimony is based. See Fed. R. Crim. P. 16(b)(1)(C); Fed. R. Evid. 705.

C. If the Defendant intends to rely upon the defense of insanity at the time of the

alleged crime or intends to introduce expert testimony relating to a mental

disease, defect or other condition bearing on the issue of whether he or she

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had the mental state required for the offense charged, he or she shall give

written notice to the Government. See Fed. R. Crim. P. 12.2(a).

D. If the Defendant intends to assert a Public Authority Defense, he or she must

give notice to the Government. See Fed. R. Crim. P. 12.3.

II. NO LATER THAN TWENTY-ONE DAYS PRIOR TO TRIAL

A. If the Government intends to offer evidence that the Defendant, in a sexual

assault case, committed any extraneous sexual assault it must disclose its

intent to the Defendant and include a summary of the expected testimony. See

Fed. R. Evid. 413(a)-(b).

B. If the Government intends to offer evidence that the Defendant, in a child

molestation case, committed any extraneous child molestation it must disclose

its intent to the Defendant and include a summary of the expected testimony.

See Fed. R. Evid. 414(a)-(b).

C. The Government shall reveal to the Defendant and permit inspection and

copying of all information and materials known to the Government which may

be favorable to the Defendant on the issues of guilt or punishment within the

scope of Brady v. Maryland, 373 U.S. 83 (1963), or which tends to impeach the

Government witnesses.

D. The Government shall state whether the Defendant was the subject of any

electronic surveillance and if so, shall furnish to the Defendant for inspection

and copying any recordings or videotapes thereof which may be offered into

evidence at trial. (18 USC § 2518(9))

E. The Government shall disclose to the Defendant the existence and substance

of any payments or promises of immunity, leniency, or preferential treatment

made to prospective Government witnesses within the scope of Giglio v. United

States, 405 U.S. 150 (1972) and Napue v. Illinois, 360 U.S. 264 (1959).

F. The Government shall provide written notice of its intent to use at trial

evidence of any crimes, wrongs, or other acts to include the general nature of

any such evidence, the date and location of the occurrence, the name of the

alleged victim and the court and cause number if any. See Fed. R. Evid. 404(b).

G. The proponent of any prior conviction used for impeachment, where more than

10 years have passed from the date of conviction or release from confinement

for such conviction, must give written notice to the adverse party of its

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intention to use such conviction. See Fed. R. Evid. 609(b)(2).

H. The proponent of any “Residual Hearsay” must give the adverse party notice of

its intention to offer hearsay that is not covered by any other exception and

meets the requirements of the Residual Hearsay Exception. See Fed. R. Evid.

807(b).

I. A party, by Motion, shall give notice of its intent to offer evidence of the

victim’s sexual behavior. See Fed. R. Evid. 412.

III. NO LATER THAN 15 DAYS PRIOR TO TRIAL-NOTICE OF PLEA

Defense counsel must notify the Court’s deputy clerk of the Defendant’s

intention to plead guilty. At that time, defense attorneys must also secure a

setting for a plea hearing. Upon securing a plea hearing, remaining obligations

under this order will be suspended. Defendants who fail to comply with this

requirement may not receive adjustments to their sentencing guidelines based on

acceptance of responsibility or be granted a continuance. Moreover, the Court may

not recognize any plea agreements into which the parties enter after the deadline.

Instead, Defendants may be required to plead guilty to all counts of the indictment

or proceed to trial. See United States v. Ellis, 547 F.2d 863 (5th Cir. 1977). The

failure to prepare for trial because counsel believed the case would plea will not be

adequate grounds for a continuance.

IV. NO LATER THAN 14 DAYS PRIOR TO TRIAL

A. Joint Proposed Jury Charge

Parties shall meet and confer and file a joint proposed jury charge and verdict

forms consistent with the guidelines in this section. Upon filing, the parties

shall promptly email the Microsoft Word file, containing the joint proposed jury

charge as filed, to David_Guaderrama@txwd.uscourts.gov. (the email’s subject

line must include the case number and the text “Joint Proposed Jury Charge”).

The parties shall submit the full text and cite to specific sections of the Fifth

Circuit Pattern Jury Charge (meaning the corresponding section number, e.g.,

1.04) as well as the full text and citation to any non-Fifth Circuit Pattern Jury

Charge section that the parties propose that the Court consider. If the parties

disagree on a specific charge, each party shall provide the full text of their

respective proposed charge, denoting the parties’ name and highlighting those

portions of the charge about which the parties disagree. If a specific charge is

proposed by only one party, that party shall provide the full text of the

proposed charge, denoting its name, and the other party shall include the

nature of its objection, if any, to the proposed charge.

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B. Proposed Voir Dire Questions and Case Summary

The parties shall submit a list of questions each party desires the Court to ask

the prospective jurors during voir dire. In addition, the parties shall jointly

submit a short summary of the case to be read by the Court to the panel to

determine if anyone has heard anything about the case. After the Court

concludes questioning the prospective jurors, each party will be allotted ten

(10) minutes to ask any additional questions.

C. Joint Admissibility of Exhibits

A joint exhibit list shall be filed. The Court orders that the parties confer and

discuss the admissibility of their exhibits. The joint exhibit list shall identify

any objections to the exhibits designated by the other party as well as identify

the exhibits that the parties agree upon. Any exhibits that are not jointly

agreed upon by the parties will be addressed at the pretrial conference.

D. Joint Motion in Limine

The parties will submit a joint motion in limine but only after the parties confer

and discuss the parties’ individual motion(s), if any. The joint motion in limine

shall identify the items that are jointly agreed upon by the parties and the

items that are objected to or not agreed upon by the parties, along with any

corresponding objections. Any items therein that are not jointly agreed upon

by the parties will be addressed at the pretrial conference.

E. Asset Forfeiture

If the Government’s indictment or information contains notice to the

Defendant that the government will seek the forfeiture of property as part of

any sentence, each party must notify the Court if that party wishes that the

jury be retained to determine the forfeitability of specific property. In the event

either party elects to submit the issue of forfeitability to the jury, the parties

must submit a joint proposed jury charge on forfeiture that is compliant with

the instructions set forth in Paragraph A of this section and a joint proposed

special verdict form. If neither party requests that the jury be retained to

determine the issue of forfeitability, the parties must indicate to the Court if

the forfeiture action is contested and a hearing is desired. If a hearing on the

issue of forfeitability is desired, the Court will set the matter for a hearing to be

held immediately after a verdict or finding of guilt.

F. Other Filings

Parties shall file any matters of evidentiary concern and identify and brief any

unusual evidentiary or non-evidentiary issues that may arise in the trial of this

case. Parties shall confer before filing any of these matters. The Government

and Defense counsel shall submit for the Court’s in-camera review any

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designated documents or materials.

V. NO LATER THAN 10 DAYS PRIOR TO TRIAL

This case is set for a Final Judge’s Conference where any pending matters or

issues, including Lafler-Frye plea disclosures, will be addressed by the Court on the

record.

VI. NO LATER THAN THREE DAYS PRIOR TO TRIAL

 Any need for an interpreter, for a defendant or a witness for the defense,

should be communicated to Courtroom Deputy Greg Dueñas, (915) 834-0509, no

later than three (3) days prior to the court setting wherein the interpreter will be

required.

VII. ON THE DAY OF TRIAL

A. Photographs of Witnesses

Parties shall prepare digital photographs of the witnesses who are involved in

the trial. When the Court introduces counsel to the jury panel, counsel will

then display the photographs to the jury panel. The purpose of the

photographs is “to put a face to the name.” In other words, it provides an

opportunity to inquire as to whether any of the jurors know or recognize any of

the witnesses who are involved in the present case. The photographs do not

need to be electronically submitted, but they must be accessible to counsel at

the time of jury selection. If either side wishes to avoid presenting the

photograph of a witness to the jury panel, counsel must have the witness in

the courtroom at the time the Court calls for the introduction of witnesses,

otherwise the introduction will be by photograph.

B. Examination of Witnesses

The Court reminds counsel that witnesses are to be addressed only with

questions. Counsel should refrain from engaging in any prefatory discussions

introducing themselves to the witness, instructing the witness how to respond

to questions the witness does not understand, or explaining how the

examination will proceed. Should a witness become uncooperative or refuse to

appropriately answer a question, the Court will, upon request of counsel,

admonish the witness. Any such admonishment, however, should come

exclusively from the Court and not from counsel. 

C. Witness’s Grand Jury Testimony

If the Government intends to call a witness, who testified before a Grand Jury

in this or a related case, the Government shall have prepared a transcript of

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such witness’s Grand Jury testimony and provide it to defense counsel at the

conclusion of the witness’s trial testimony. See Fed. R. Crim. 6, 16(a)(3); 18

U.S.C. § 3500(e)(3).

D. Exhibits

Exhibits should be presented using the courtroom evidence presentation

equipment by means of the document camera in the courtroom and/or your

personal laptop computer. The Court uses the software application known as

JERS (Jury Evidence Recording System) in the courtroom. This application

works in conjunction with the courtroom evidence presentation equipment by

allowing the Court to capture and release to the jury admitted evidence that is

presented by attorneys during a jury trial. Upon completion of evidence

presentation by the parties, the Court will release the admitted exhibits to the

jurors in the jury deliberation room where they can view the admitted exhibits

using a touch screen monitor. Counsel should submit all exhibits

electronically, by thumb drive, CD, email, or other electronic media, prior to

the start of jury selection. Please refer to the attached JERS Exhibit

Submission Requirements document as a reference on how your exhibit files

should be formatted to allow for an electronic batch import of these exhibits.

E. Individuals Allowed at Counsel Table

Only counsel involved in the case, all named parties, and one representative

employee of a legal entity named as a party will be allowed beyond the bar at

counsel tables. Any other members of the legal team, who are not subject to

“The Rule”, will be required to sit in the gallery behind the bar and allowed into

the bar area only as required and by prior authorization of the Court.

VIII. SENTENCE AND DETENTION

Defense counsel should prepare his or her client for immediate surrender

into the custody of the United States Marshal, as required by 18 U.S.C. §

3143(a)(2), at the time of the entry of a finding of guilt in any case described in 18

U.S.C. § 3142(f)(1)(A), (B), or (C). See United States v. Posada, 109 F.Supp.3d 911

(W.D.Tex. 2015).

IX. CONTINUING DUTY TO COMPLY WITH THIS ORDER

IT IS FINALLY ORDERED that it shall be the continuing duty of counsel

for both sides to reveal to opposing counsel all newly discovered information or

other material within the scope of this Standing Order, see Fed. R. Crim. P. 16(c),

and that:

A. The Court may at any time, upon motion properly filed or on its own motion,

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order that the discovery or inspection provided for by this Standing Order be

denied, restricted or deferred, or make such other order as is appropriate. The

Court expects, however, that counsel for both sides shall make every good faith

effort to comply with the letter and the spirit of this Standing Order. See Fed.

R. Crim. P. 16(d)(1).

B. All motions concerning matters not covered by this Standing Order must be

filed within fourteen days of arraignment or waiver of arraignment. See Fed. R.

Crim. P. 12(c)(1); Local Rule CR-12.

C. Counsel shall immediately notify the Court in writing of the reasons for failure

to comply with this Standing Order at such time as the failure occurs.

FAILURE TO COMPLY WITH ALL THE TERMS OF THIS ORDER MAY

RESULT IN THOSE MATERIALS NOT DISCLOSED AS SET FORTH ABOVE

BEING PRESUMED INADMISSIBLE. FAILURE TO COMPLY MAY ALSO

RESULT IN DISMISSAL OF THE CASE. See Fed. R. Crim. P. 16(d)(2).

 Signed this the 18th day of September, 2020.

______________________________

DAVID C. GUADERRAMA

UNITED STATES DISTRICT JUDGE

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