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Extracted Text (OCR)
84a
VIII. The parties shall negotiate all remaining
disclosures
Maxwell moves to compel the Government to
produce certain documents she believes it has in its
possession and has failed to produce. She also seeks
accelerated disclosure of the Government’s witness
list, Jencks Act material, Brady and Giglio material,
co-conspirator statements, and Rule 404(b) material.
Based on the Government’s response in briefing and
letters the parties have since submitted to the Court,
it appears that most of these requests have been
overtaken by events. Accordingly, although the Court
concludes that Maxwell is not entitled to expedite this
discovery based on the arguments in her motion
papers, the Court will require the parties to confer on
an overall schedule for all remaining pretrial disclosures.
A. The Court accepts the Government’s repre-
sentations that it has disclosed all Brady
and Giglio Material
The Supreme Court’s decisions in Brady v. Maryland,
373 U.S. 83 (1963) and Giglio v. United States, 405 U.S.
150 (1972) require the Government to disclose to
defendants certain evidence that will aid their defense.
Brady requires disclosure of exculpatory evidence.
Under Giglio, the Government has a duty to produce
“not only exculpatory material, but also information
that could be used to impeach a key government
witness.” United States v. Coppa, 267 F.3d 132, 135 (2d
Cir. 2001) (citing Giglio, 405 U.S. at 154). As a general
rule, “Brady and its progeny do not require immediate
disclosure of all exculpatory and impeachment mate-
rial upon request by a defendant.” Jd. at 146. “[A]s long
as a defendant possesses Brady evidence in time for its
effective use, the government has not deprived the
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