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ELIZABETH A. STRANGE

First Assistant United States Attorney

District of Arizona

KEVIN M. RAPP (Ariz. Bar No. 014249, kevin.rapp@usdoj.gov)

MARGARET PERLMETER (Ariz. Bar No. 024805, margaret.perlmeter@usdoj.gov)

PETER S. KOZINETS (Ariz. Bar No. 019856, peter.kozinets@usdoj.gov) 

ANDREW C. STONE (Ariz. Bar No. 026543, andrew.stone@usdoj.gov)

JOHN J. KUCERA (Cal. Bar No. 274184, john.kucera@usdoj.gov) 

Assistant U.S. Attorneys

40 N. Central Avenue, Suite 1800

Phoenix, Arizona 85004-4408

Telephone (602) 514-7500

BRIAN BENCZKOWSKI 

Assistant Attorney General

Criminal Division, U.S. Department of Justice

REGINALD E. JONES (Miss. Bar No. 102806, reginald.jones4@usdoj.gov) 

Senior Trial Attorney, U.S. Department of Justice

Child Exploitation and Obscenity Section 

950 Pennsylvania Ave N.W., Room 2116

Washington, D.C. 20530

Telephone (202) 616-2807 

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

v. 

Michael Lacey, et al.,

Defendants.

CR-18-422-PHX-SPL (BSB) 

UNITED STATES’ RESPONSE TO

DEFENDANTS’ JOINT MOTION 

FOR DESIGNATION OF 39

INDVERTENTLY DISCLOSED 

DOCUMENTS ORDERED 

DESTROYED BY THE COURT TO 

BE PRESERVED AS PART OF THE 

IN CAMERA RECORD IN THE 

CASE (DOC. 453)

SUMMARY OF THE ARGUMENT

To date, counsel for Michael Lacey, James Larkin, Scott Spear, and Andrew Padilla 

have not confirmed that the 39 inadvertently disclosed documents have been destroyed. The 

Court ordered these documents destroyed within five days of its January 28, 2019 Order. 

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On the day the government received the Order, it sent correspondence to defense counsel 

that both identified the 39 subject documents and requested confirmation after the 

documents had been destroyed. Counsel for these four defendants have not explicitly 

confirmed that these documents have been destroyed. Accordingly, the government

requests the Court order defense counsel to comply with its Order (CR 449) within 24 hours, 

or show cause why they are not in contempt. In response to Defendants’ motion, the

government previously filed 22 of the 39 inadvertently disclosed documents ex parte under

seal for the Court’s in camera review and has no objection to Defendants’ request to have 

all 39 inadvertently disclosed documents ordered destroyed by the Court being made part 

of the in camera record in the case. 

STATEMENT OF RELEVANT FACTS

On January 28, 2019, the Court issued an Order granting the United States’ motion 

to compel destruction of 39 inadvertently disclosed documents. (See CR 449 (filed under 

seal).) The Court’s Order directed the government to provide defense counsel with a list 

identifying the 39 documents that must be destroyed within five days of the Court’s Order. 

(See id. at 7.) On January 31, 2019, the government sent an email to defense counsel 

attaching the Court’s Order and a list identifying the 39 documents to be destroyed.1 (See

Exhibits A and B.) The government also requested each defense counsel sign and return a 

statement acknowledging that they had complied with the Court’s Order and destroyed the 

39 documents at issue. (See Exhibit C.) On February 4, 2019, counsel for John Brunst and 

Joye Vaught returned a signed statement to the government confirming that they had 

destroyed the 39 inadvertently disclosed documents. 

On February 6, 2019, Defendants filed a joint motion for designation of the 39 

documents ordered destroyed by the Court be preserved as part of the in camera record in 

the case. (CR 453.) The joint motion indicated that “Defendants are in the process of 

destroying the 39 documents,” and requested the court “issue an order preserving all 39 

documents as part of the in camera docket associated with this case.” (CR 453 at 2.) 

 1 Because the Court’s Order was issued under seal, it was mailed to all counsel. Counsel for 

the government received the Order on January 31, 2019. 

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Moreover, on February 7, 2019, the government received emails from defense 

counsel for Lacey, Spear, and Padilla requesting the 39 inadvertently disclosed documents 

be preserved as part of the case record. (See Exhibit D.) However, to date, the government 

has yet to receive confirmation from defense counsel for Lacey, Larkin, Spear, and Padilla 

that they have complied with the Court’s January 28, 2019 Order to destroy the 39 

inadvertently disclosed documents. 

ARGUMENT

More than three weeks after the Court’s January 28, 2019 Order compelling 

Defendants to destroy 39 inadvertently disclosed documents, defense counsel for Lacey, 

Larkin, Spear, and Padilla have yet to confirm to the government that they have destroyed

the subject documents.2

 Counsel should be ordered to destroy the 39 inadvertently disclosed 

documents within 24 hours or show cause why they are not in contempt of the Court’s

Order. 

Additionally, the government filed the 22 inadvertently disclosed work-product 

documents ex parte under seal as exhibits to its motion to compel destruction of 

inadvertently disclosed documents for the Court’s in camera review. (See CR 343; 

Attachment (1) Affidavit of Reginald E. Jones; Exhibits A-V (filed under seal).) If the 

Court requests the government file the remaining 17 inadvertently disclosed documents ex 

parte under seal for the in camera record in this case, the government will promptly do so.

Respectfully submitted this 20th day of February, 2019.

ELIZABETH A. STRANGE

First Assistant United States Attorney

District of Arizona

BRIAN BENCZKOWSKI 

Assistant Attorney General

Criminal Division, USDOJ

 2

 Defense counsel for these defendants did not return the letter the government attached to 

its January 31, 2019 email. Rather, Mr. Padilla’s counsel sent an email that stated, “[w]e 

comply as does the Government with all Court orders.” (Ex. D.) Counsel for Mr. Lacey then responded, “I agree with Mike,” as did counsel for Mr. Spear. (Id.) No response was received from counsel for Mr. Larkin, or from Davis Wright Tremaine—attorneys for both Mr. Lacey and Mr. Larkin.

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 /s/ Reginald E. Jones

REGINALD E. JONES

Senior Trial Attorney

U.S. Department of Justice, Criminal Div.

Child Exploitation and Obscenity Section

KEVIN M. RAPP

MARGARET PERLMETER

PETER S. KOZINETS

ANDREW C. STONE

JOHN J. KUCERA

Assistant U.S. Attorneys

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CERTIFICATE OF SERVICE

I hereby certify that on this date, February 20, 2019, I transmitted the 

foregoing under-seal document for filing to the Clerk of the United States District 

Court and sent a copy via electronic mail to: Paul J. Cambria Jr. Esq. and Erin e. 

McCambpell, Esq., Lipsitz Green Scime Cambria, LLC, 42 Deleware Ave, Suite 

120, Buffalo, NY 14202, pcambria@lglaw.com and emccampbell@lglaw.com, Thomas H. Bienert, Jr., Esq., Anthony R. Bisconti, Esq., Kenneth M. Miller, Esq., 

and Whitney Bernstein, Esq., Bienart, Miller & Katzman, PLC, 903 Calle 

Amanecer, Suite 350, San Clemente, CA 92673, tbienert@bmkattorneys.com, tbisconti@bmkattorneys.com, kmiller@bmkattorneys.com, wbernstein@bmkattorneys.com; Mike Piccarreta, Esq., Piccarreta Davis Keenan Fidel, PC, 2 East Congress Street, Suite 1000, Tucson, AZ 85701, mlp@pd- law.com; Jim Grant Esq., Davis Wright Termaine, LLP, 1201 Third Avenue, Suite 2200, Seattle, WA 98101, jimgrant@dwt.com; Michael D. Kimerer, Esq. and Rhonda Elaine Neff, Esq., 1313 E. Osborn Road, Suite 100, Phoenix, AZ 85014, 

MDK@kimerer.com and rneff@kimerer.com; Steve Weiss Esq., Karp & Weiss, PC, 3060 North Swan Rd., Tucson, AZ 85712, sweiss@karpweiss.com; Robert 

Corn-Revere Esq., Davis Wright Termaine, LLP, 1919 Pennsylvania Avenue N.W., Suite 800, Washington, D.C., 20006, bobcornrevere@dwt.com; Bruce Feder, 

Esq., 2930 East Camelback Road, Suite 160, Phoenix, AZ 85016, 

bf@federlawpa.com; Gary Linenberg, Esq., Ariel Neuman, Esq., Gopi K. Panchapakesan, Esq., Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg 

& Rhow, P.C., 1875 Century Park East, 23rd Floor, Los Angeles, CA 90067, glincenberg@birdmarella.com, aan@birdmarella.com, 

gkp@birdmarella.com.

s/ Angela Schuetta

Angela Schuetta

U.S. Attorney’s Office

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