IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11-cr-355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART

2. JOHN PHILLIP GALLEGOS

3. ALOIS CRAIG WEINGART

Defendants.

 

PLAINTIFF’S MOTION TO DISCLOSE

MATTERS OCCURRING BEFORE GRAND JURY TO DEFENDANTS

 

Plaintiff UNITED STATES OF AMERICA, by Assistant United States Attorney Linda

Kaufman, respectfully moves the Court, pursuant to Fed. R. Crim. P. 6 (e) (3) (E) (i), for an

order authorizing the plaintiff to disclose testimony of witnesses before the grand jury and

exhibits presented to the grand jury to the defendants and their counsel, as part of

discovery in this case, on the terms and conditions outlined below.

AS GROUNDS FOR THIS MOTION, Plaintiff states as follows:

1. Fed. R. Crim. P.6 (e), with various exceptions, prohibits the disclosure of “a

matter occurring before the grand jury.”

2. Grand jury transcripts of testimony and grand jury exhibits reveal matters

occurring before the grand jury.

3. Fed. R. Crim. P. 6 (e) (3) (E) (i) allows for court-authorized disclosure of

matters occurring before a grand jury, when such disclosure is “preliminary to or in

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connection with a judicial proceeding.”

4. The pending case against the defendants is a judicial proceeding which will

be set for trial or pretrial disposition, also judicial proceedings. The requested disclosure

is in connection with such proceedings. The plaintiff wishes to provide this discovery, but

may only do so with the Court’s approval.

5. Since matters occurring before the grand jury must, pursuant to Fed. R.

Crim. P. 6(e), remain secret, the plaintiff moves that disclosure be allowed only for

purposes of defending this case, and that such disclosure be made only to the defendants

and their attorneys; that if copies of any transcripts of testimony or exhibits are made for

the defense, that they shall be maintained in the custody of the defense attorneys; that

such material shall not be reproduced or disseminated; and that such materials shall be

returned to the plaintiff at the completion of this case.

WHEREFORE, the plaintiff respectfully requests that the Court authorize the

disclosure of grand jury testimony and exhibits to the defendants and their counsel, in the

course of providing discovery in this case, on the terms and conditions outlined above.

Respectfully submitted,

JOHN F. WALSH

United States Attorney

By: s/ Linda Kaufman 

Linda Kaufman

Assistant United States Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

Facsimile: (303) 454-0404

E-mail: Linda.Kaufman@usdoj.gov

Attorney for Government

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CERTIFICATE OF SERVICE

I certify that on this 15th day of September, 2011, I electronically filed the foregoing

PLAINTIFF’S MOTION TO DISCLOSE MATTERS OCCURRING BEFORE GRAND JURY

TO DEFENDANTS with the Clerk of the Court using the CM/ECF system which will send

notification of such filing to the following e-mail addresses:

Mr. Edward A. Pluss

E-mail: Edward_Pluss@fd.org

Ms. Paula M. Ray

E-mail: paulamray@earthlink.net

and I hereby certify that I have mailed or served the document or paper to the following

non-CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the nonparticipant’s name:

None.

 By: s/ Solange Reigel 

SOLANGE REIGEL

Legal Assistant to AUSA Linda Kaufman

United States Attorney’s Office

1225 - 17 Street, Suite 700 th

Denver, CO 80202

Telephone: (303) 454-0244

Fax: (303) 454-0402

E-mail: solange.reigel@usdoj.gov

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