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Case 2:16-cr-00046-GMN-PAL Document 328 Filed 04/28/16 Page 1 of 4

TERRENCE M. JACKSON, ESQ.


Nevada Bar No. 00854
Law Office of Terrence M. Jackson
624 South Ninth Street
Las Vegas, NV 89101
T: 702-386-0001 / F: 702-386-0085
Terry.jackson.esq@gmail.com

Counsel for Defendant, Gregory P. Burleson

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UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

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UNITED STATES OF AMERICA, )


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Plaintiff,
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v.
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GREGORY P. BURLESON,
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Defendant.
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____________________________ )

CASE NO.: 2:16-CR-00046-16-GMN-PAL

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MEMORANDUM IN OPPOSITION TO PROPOSED PROTECTIVE ORDER
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COMES NOW

Defendant, GREGORY P. BURLESON, by and through counsel,

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TERRENCE M. JACKSON, ESQ., and submits the following Memorandum in Opposition to the

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Proposed Protective Order.

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DATED this 28th day of April, 2016.


/s/ Terrence M. Jackson

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Terrence M. Jackson, Esquire

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Nevada Bar No.: 00854

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Law Office of Terrence M. Jackson

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624 South Ninth Street

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Las Vegas, NV 89101

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T: 702-386-0001 / F: 702-386-0085

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terry.jackson.esq@gmail.com
Counsel for Defendant, Gregory P. Burleson

Case 2:16-cr-00046-GMN-PAL Document 328 Filed 04/28/16 Page 2 of 4

MEMORANDUM OF POINTS AND AUTHORITIES

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The government seeks a very broad Protective Order limiting disclosure of copies of
discovery in this gigantic case to: other persons than defense counsel to:

(1)

Defendants in the case;

(2)

Persons employed by the attorney of record who are necessary to assist counsel of

record in preparation for trial or other proceedings in this case;

and

(3)

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Persons who defense counsel deems necessary to further legitimate investigation


and preparation of the case.

It is further Ordered that defense counsel shall provide a copy of the Protective Order to any
person who receives copies of this discovery.

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Because of the magnitude of discovery in this case, Defendant Burleson will need numerous

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individuals to assist his attorney in organizing, searching and reading discovery to him. Mr. Burleson

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himself is totally blind. Terrence M. Jackson, the counsel for Burleson, has a one man Law Office.

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His one paid staff member is unable to travel to Pahrump to read discovery to the Defendant.

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Counsel has retained the assistance of one paid private investigator, but he will likely need

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numerous other individuals to assist him in preparing the case. He will likely seek law students,

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volunteers, friends and family to possibly assist in the difficult task of making much of the discovery

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cognizable to the Defendant. The proposed Order needlessly and unconstitutionally restricts the

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defense access to many human resources without showing a compelling need restricting the release

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of discovery being shown by the government.

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The proposed Protective Order is also overly vague as to what a court would consider

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legitimate investigation. Does legitimate investigation include the background investigation of

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government witnesses for bias? Does legitimate investigation include investigating misconduct

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by government sources or even government officers?

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When a private citizen, assisting the defense, comes under scrutiny for legally protected

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constitutional action, will he then feel threatened or intimidated by the overbroad Protective Order?
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Case 2:16-cr-00046-GMN-PAL Document 328 Filed 04/28/16 Page 3 of 4

Defendant submits the overbroad Protective Order has a chilling effect that can limit the

Defendants ability to do the necessary preparation and investigation needed in this case. Defendant

further respectfully submits the government has not clearly established the necessity for any

protective order, much less the Protective Order as drafted, which is overbroad and interferes with

Defendants First and Sixth Amendment rights. Attempting to restrict use of the internet as an

investigative tool by individuals indirectly connected to the case may deprive the Defendant of

valuable exculpatory evidence or leads to such evidence.

Defendant requests the government be required to comply with Rule 16 of the Federal Rules

of Criminal Procedure and release all necessary discovery as soon as possible. Any discovery that

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might in some way create a problem can be carefully redacted to protect witnesses. The burden

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should not be shifted to the defendants.

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Wherefore, the Defendant Burleson requests the governments request for the Protective
Order as written be denied.

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DATED this 28th day of April, 2016.


/s/ Terrence M. Jackson

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Terrence M. Jackson, Esquire

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Nevada Bar No.: 00854

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Law Office of Terrence M. Jackson

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624 South Ninth Street

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Las Vegas, NV 89101

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T: 702-386-0001 / F: 702-386-0085

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terry.jackson.esq@gmail.com

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Counsel for Defendant, Gregory P. Burleson

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...

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...
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Case 2:16-cr-00046-GMN-PAL Document 328 Filed 04/28/16 Page 4 of 4

CERTIFICATE OF ELECTRONIC FILING AND SERVICE

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I hereby certify that service of the above entitled MEMORANDUM IN OPPOSITION TO

PROPOSED PROTECTIVE ORDER was made this 28th day of April, 2016, upon the parties in

this action by CM/ECF (electronic filing) as follows:

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DANIEL G. BOGDEN

United States Attorney

NICHOLAS D. DICKINSON

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Nicholas.Dickinson@usdoj.gov

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Assistant United States Attorney

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NADIA AHMED

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Nadia.Ahmed@usdoj.gov

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Special Assistant United States Attorney

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STEVEN MYHRE

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Steven.Myhre@usdoj.gov

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First Assistant United States Attorney

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/s/ Ila C. Wills

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By:

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Legal Assistant to Terrence M. Jackson

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