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CIVIL DIVISION
____________________________________
)
ESTATE OF ROBERT E. WONE, )
By Katherine E. Wone )
)
Plaintiff, ) 2008 CA 008315 B
) Judge Michael L. Rankin
) Calendar 7
v. )
)
JOSEPH R. PRICE, et al., )
)
Defendants. )
___________________________________ )
ORDER
This matter comes before the court on two motions by the Metropolitan Police
Department (MPD), seeking to quash certain deposition testimony of several witnesses. The
basis for these motions is the Department’s assertion of a privilege that protects disclosure of
investigative files relating to law enforcement. The parties to this action have worked together to
narrow the scope of the subject matters that are likely to be affected by this assertion of privilege.
This privilege is a qualified one that requires the court to weigh the Department’s legitimate
against the other parties’ legitimate need for evidence to prove their claim or defense. Therefore
it would be premature at this time for the court to make a ruling on the Department’s assertion of
a blanket privilege.
For the reasons stated above, upon consideration of the MPD’s (1) Motion to Quash for
the Limited Purpose of Asserting the Law Enforcement Privilege During Former Detective
Bryan Waid’s Deposition as to Subject Matter Not Previously Divulged by Detective Waid and
1
Law Enforcement and (2) Motion to Quash the Depositions of Detective Xanten, Detective
Whalen, Detective Norris, and Sergeant Wagner for the Limited Purpose of Asserting the Law
Enforcement Privilege as to Subject Matter Not Previously Divulged by Law Enforcement; the
Defendants’ opposition thereto, and the entire record herein, it is this 5th day of May, 2011, by
ORDERED, that both of the MPD’s Motions to Quash are DENIED WITHOUT
depositions in question. The court will rule at a future hearing, to be scheduled, on all questions
that are not answered due to the assertion of the privilege during those depositions.
SO ORDERED.
Copies to:
Patricia B. Donkor
Assistant Attorney General
441 Fourth Street, N.W.
Sixth Floor South
Washington, DC 20001
Counsel for Defendant
Craig D. Roswell
Brett A. Buckwalter
Niles, Barton & Wilmer, L.L.P.
111 S. Calvert Street
Ste. 1400
Baltimore, MD 21202
Counsel for Joseph R. Price
Benjamin J. Razi, Esquire
Stephen W. Rodger, Esquire
Covington & Burling LLP
1201 Pennsylvania Avenue, NW
2
Washington, D.C. 20004
(202) 662-6000
Counsel for Plaintiff
Ralph C. Spooner
Spooner & Much, P.C.
530 Center Street NE, Suite 722
Salem, OR 97301
Counsel for Defendant Dylan M. Ward