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United States v. Martinez-Torres

United States District Court, D. New Mexico

November 26, 2018

UNITED STATES OF AMERICA Plaintiff,
v.
GUILLERMO MARTINEZ-TORRES, and JESUS GOMEZ-ARZATE, Defendants.

          MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT MARTINEZ-TORRES' MOTION FOR INFORMATION PURSUANT TO GIGLIO V. UNITED STATES

         THIS MATTER comes before the Court on Defendant Guillermo Martinez-Torres's Motion for Information Pursuant to Giglio v. United States, filed August 17, 2018 (Doc. 27), joined by his co-Defendant Jesus Gomez-Arzate (Doc. 28). Having considered the parties' arguments and applicable law, the Court finds that Defendant's motion is not well-taken in part and, therefore, is GRANTED IN PART AND DENIED IN PART.

         BACKGROUND

         On June 13, 2018, Defendant Martinez-Torre and Defendant Jesus Gomez-Arzate were indicted with two counts:

unlawfully, knowingly, and intentionally combined, conspired, confederated, agreed and acted interdependently with each other, and with other persons known and unknown to the Grand Jury, to commit an offense defined in 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), specifically, to distribute 500 grams and more of a mixture and substance containing a detectable amount of methamphetamine, in violation of 21 USC § 846.
[and]
Unlawfully, knowingly and intentionally possess[ing] with intent to distribute a controlled substance, 500 grams and more of a mixture and substance containing a detectable amount of methamphetamine. In violation of 21 USC §§ 841(a)(1) and (b)(1)(A), and 18 USC § 2.

         Doc. 15. Defendants were apparently stopped for alleged careless driving. During the stop, Bernalillo County Sheriff's Deputies Mora and Mauricio allegedly found methamphetamine in the car.

         In the Motion, Defendant seeks the following information in the deputies' personnel files: “citizen complaints; disciplinary actions; internal affairs reports; performance evaluations; all other material written or otherwise revealing specific acts of dishonesty or misconduct bearing on these officers' character for truthfulness as well as their propensity for engaging in unlawful activity going beyond the scope of their official duties.” Doc. 27, p. 3.

         Defendant seeks production of this evidence prior to any hearing on a motion to suppress. Defendant Jesus Gomez-Arzate joined this Giglio motion. Defendant argues that the Giglio evidence should be produced prior to the suppression hearing, since the credibility of the deputies will be essential to ruling on the motion to suppress.

         DISCUSSION

         Defendant seeks an order compelling the Government to search for and disclose Giglio and impeachment material of two Bernalillo County Sheriff's Deputies, Deputy Joshua Mora and Deputy Daniel Mauricio, prior to a hearing on Defendant's Motion to Suppress. The Government asserts that such material (1) is not material; (2) is overbroad; and (3) will otherwise be disclosed or searched for, if it exists.

         I. Brady and Giglio Legal Standard.

         “[T]he Brady rule, Rule 16 and the Jencks Act, exhaust the universe of discovery to which the defendant is entitled.” United States v. Presser, 844 F.2d 1275, 1285 (6th Cir. 1988); see also United States v. Griebel, 312 Fed.Appx. 93, 95-96 (10th Cir. 2008) (noting the “[G]overnment's discovery obligations [] are defined by Rule 16, Brady, Giglio and the Jencks Act” and stating the defendant's request to expand his discovery rights beyond those three sources was unsupported by the law).

         A. ...


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