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United States v. Johnson

United States District Court, D. North Dakota

December 18, 2017

United States of America, Plaintiff,
v.
Rene L. Johnson Defendant.

          ORDER RE DEFENDANT'S DISCOVERY MOTION AND PROTECTIVE ORDER

          Charles S. Miller, Jr., United States Magistrate Judge

         Before the court are defendant's motion for discovery (Doc . No. 13) and the government's request for a protective order and order for reciprocal discovery (Doc. No. 16).

         DEFENDANT'S MOTION FOR DISCOVERY (DOC. NO. 13)

         Defendant requests that the court order the government to produce the material set forth in the requests that follow. Defendant contends that the government is obligated to produce the material pursuant to: (1) Fed. R. Crim. P. 16; (2) the Jencks Act (18 U.S.C. § 3500); and (3) the government's obligation under the Due Process Clause to produce exculpatory and impeachment material pursuant to Brady, [1] Giglio, [2] and their progeny.

         Defendant's discovery requests and the government's responses are addressed seriatim as follows:

         1. Information written, recorded, or reported as gathered by Federal Agents in interviews with Gene Koch, Defendant's former business partner and friend, now deceased, which information she believes is critical to her defense.

         The government states it does not have the requested information in its possession. Given this representation, no court action is required.

         2. A packet of documents Federal Agents took from her in January of 2014 when she was told she was not a target of any investigation but which they promised to return to her and never did.

         The government states it has provided information with respect to this item, i.e., “RJ Records Box 1, 2, 3, Quickbooks and thumbdrive.” In the absence of a further showing by defendant, no court action is required.

         3. Phone records, text messages or other recordings or documentation that would support statements made in the discovery material where Sarah Creveling claimed that Defendant pressured or harassed Doug Carlile to get her investment back.

         The government states that responsive information will be provided as part of a three-terabyte download of device imaging. To the extent the information is not provided, defendant can renew its request with a more targeted one.

         4. Text messages, emails, recordings or other documentation that pertain to exchanges or discussions between Mike Schmitz and Sarah Creveling that in any way are alleged to support illegal activities engaged in by Defendant.

         The government states that some of the requested information may be included in the information that will be provided as set forth its response to Request No. 3, but, if it is not in there, it either does not exist or is not in the government's possession.

         5. Copies of all letters, text messages, or other communications in the government's possession or access alleged to have been sent to or received by Gene Koch, Christopher Matysek, Alex Feldman, Douglas Helton, Mike Hentgen or Bob Gannaway in which is contained information supportive of the governments position that defendant engaged in illegal activity.

         The government states the requested information has been provided as part of initial or supplemental discovery submissions to the extent it is in the government's possession. Based on this representation, no court action is required.

         6. A copy of any and all reports, emails, text messages, recordings or other information obtained by Federal Agents from Steve Stenehjem.

         The government states no information was previously acquired but that the individual has been interviewed following the making of the present motion and that any reports generated will be provided.

         7. Any and all reports, recordings, or computer records of interviews of Rene Johnson by Federal Agents including, but not limited to any that may have taken place prior to the time she was not a target of investigation, any conducted by federal agents in January of 2014 under grant of immunity and any conducted in March of 2017, after the federal government had been advised no further interviews would be permitted without presence of her counsel but she was interviewed anyway. This should include the names and addresses of all persons present at any and all such interviews, including but not limited to stenographers, typists, computer operators, recorders and a statement of when and where the interviews took place.

         The government states it believes defendant is referencing interviews conducted by agents under a grant of immunity by authorities in another district and that the reports and recordings will be provided to the extent they exist. With respect to this item, the government will be required to turn over any information with respect to statements made by the defendant as required by Fed. R. Crim. P. 16(a)(1)(A)-(C), including any statements made by the defendant to federal prosecutors or agents in another judicial district that are in anyway related to the matters that are the subject of the Indictment.

         8. Any and all reports, emails, text messages, recordings or other information in the government's possession or access obtained from or about persons who expressed an interest in investing in leases or oil development in Section I2, Township 148, Range 92 West, Fort Berthold Indian Reservation in Dunn County, North Dakota.

         The government states it has already provided any responsive information that is in its possession. Based on this ...


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