mocion filtracion thomas rivera schatz
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
)UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Criminal No. 10-232 (FAB)
)
JUAN BRAVO FERNANDEZ )
)
and )
)
HECTOR MARTINEZ MALDONADO, ))
Defendants. )
____________________________________)
UNITED STATES MOTION FOR AN ORDER TO SHOW CAUSE
Yesterday the Government, together with the people of Puerto Rico, became aware of the
disclosure of sensitive information taken from an official FBI document summarizing an
interview of Jorge de Castro Font. That document had earlier been provided by the Government
to defendants Bravo and Martinez as part of its discovery production in this case. The
Governments disclosure was made pursuant to the limitations of a Protective Order issued by
the Court in this case, which strictly govern the disclosure of the document to third parties, and
the use that the defense could make of the document. In view of these facts, the Government
moves the Court for an Order to Show Cause.
I. The Protective Order
On July 6, 2010, this Court issued a Protective Order concerning the disclosure of
discovery material from the Government to defendants Juan Bravo and Hector Martinez. Dkt.
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No. 29. The Courts Protective Order expressly prohibits the defense from publicly disclosing
information provided by the Government, and provides strict guidelines for how documents
provided by the Government are to be handled. Notably, the Courts Protective Order granted
the Governments unopposed motion [b]ecause of the confidential and law-enforcement-
sensitive information which may be disclosed in accordance with the Governments discovery
obligations . . . . Dkt. No. 29 at 1.
Specifically, the Courts Protective Order commands that any and all discovery materials
the United States produces to defendants Bravo and Martinez shall be reviewed by only [the
defendants and their defense team.] Dkt. No. 29 at 1. The Order also declares unequivocally
that Defendants Bravo and Martinez shall not disclose the contents of any discovery material to
any individual or entity except as provided in this Order, as has been agreed by the parties, or as
further ordered by the Court. Dkt. No. 29 at 2. The Courts Protective Order further provides
strict guidelines defining the appropriate use of the material provided by the Government:
Defendants Bravo and Martinez shall use discovery material and their
contents solely for the preparation, trial, direct appeal (if any), and
collateral attack (if any) of this matter and for no other purpose
whatsoever. No additional copies of any discovery material shall be
made by any person or entity receiving discovery material except as
necessary for those purposes.
Dkt. No. 29 at 2.
The Orders guidelines for handling the material provided by the Government are
unambiguous and impose affirmative obligations on the defense:
Before first disclosing discovery material or its contents to any of the
individuals or entities listed above, defendants Bravo and Martinez
or their attorneys of record must give to the individual or entity a
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copy of this Order and maintain a copy signed and dated by the
individual or a representative of the entity until such time as all
appeals in this matter (if any) are concluded.
Dkt. No. 29 at 2. The Courts Order limits the manner and means for public disclosure of any
material provided by the Government:
With respect to all discovery material which is disclosed that may
relate to other (non-Bravo and non-Martinez) investigations (to
include grand jury transcripts, investigative interview reports, and
other discovery), the parties (to include any and all of the defendants
attorneys, agents and all persons who receive that type of discovery
material) shall not, without the United States prior express written
agreement or a Court order, use any information contained in thosediscovery materials in any public court filing, refer to any such
information in open court, or otherwise publicly disclose those
contents.
Dkt. No. 29 at 2-3.
The seriousness of the Protective Order and the potential sanctions for violating the
Orders strict guidelines are stated without ambiguity:
This Order also applies to any and all individuals to whom defendantBravo and defendant Martinez (to include any and all of their
attorneys and agents), pursuant to this Order, show or disclose the
contents or substance of any material produced to them by the United
States. By signing and dating this order, any person or entity that
receives copy of any material produced, submits himself, herself or
itself to the jurisdiction of this Court for all purposes, including
sanctions or contempt for violation of this Order.
Dkt. No. 29 at 4.
II. Violations of the Protective Order
On Monday, May 23, 2011, Senator Thomas Rivera Schatz read publicly from the Senate
floor the contents of an FBI document summarizing an interview of Jorge de Castro Font. Those
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statements were widely publicized throughout Puerto Rico. This morning, El Vocero newspaper
published an article disclosing additional substance of the FBI document, and additionally
published photographs of the FBI document, which is heavily redacted. This FBI document was
produced to defendants Bravo and Martinez, with these precise redactions, as part of the
discovery production in this case, and is subject to the limitations of the Protective Order. As
this Court knows from the recent sealed hearing involving the sentencing of de Castro Font, this
document contains sensitive law enforcement information, which if publicly disclosed could
compromise the integrity of ongoing investigations, threaten the safety of sources and
cooperators, and obstruct justice.
Rivera Schatz has publicly, and repeatedly, identified himself as an agent and supporter
of defendant Martinez. Pre-indictment, Rivera Schatz held press conferences in which he
addressed the allegations against defendant Martinez and spoke on his behalf, publicly
identifying himself as defendant Martinez representative. During trial, Rivera Schatz identified
himself as part of defendant Martinez defense team, addressing the media on defendant
Martinez behalf and, while attending trial, sitting in the first row of pews behind the defendants,
which was reserved for the defendants legal team. Post-verdict, Rivera Schatz was the first
person to address the media on defendant Martinez behalf, speaking even before defendant
Martinez lead attorney addressed the media.
This FBI document was produced to defendants Bravo and Martinez as part of the
discovery production in this case. Significantly, a review of the video of Rivera Schatz reading
the FBI document, and photographs of the document published in todays El Vocero newspaper,
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reveal unmistakable marks on the document confirming with absolute certainty that this is the
identical document that the Government provided to defendants Bravo and Martinez. Finally,
this morning Senator Roberto Arango said on 580 am radio that he has seen the document in the
possession of Rivera Schatz, and that it contained many redactions, which is consistent with the
document the Government produced to defendants Bravo and Martinez as part of its discovery in
this case. This FBI document is covered by the Protective Order.
III. Defense Counsel Understood the Seriousness of the Protective Order
On February 2, 2011, counsel for defendant Martinez filed an informative motion with
the Court disclosing the theft of grand jury transcriptsproduced by the Government to the
defense and subject to the Protective Orderthat she left in a briefcase in a co-workers vehicle.
Dkt. No. 260. On February 3, 2011, the Court issued an order directing counsel for defendant
Martinez to inform the Court which grand jury transcripts were in her briefcase and [] submit
the police report once filed. Dkt. No. 261 at 1. On February 4, 2011, counsel for defendant
Martinez filed a motion in compliance with the Courts order, identifying the grand jury
transcripts that were stolen from her co-workers vehicle. Dkt. No. 269. Notably, the FBI
document that was disclosed to the public this week was not among the stolen documents. See
Dkt. No. 269. The Courts prompt, firm response to defendant Martinez informative motion
reaffirms to the defendants the seriousness of such public disclosures.
IV. Conclusion
Based on all of the above, it appears that defendant Bravo or defendant Martinez, or
someone on their defense team, violated the Courts Protective Order and is compromising the
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integrity of ongoing criminal investigations. The fact that the defendants may be violating the
Courts Protective Order while contemporaneously accusing the judge and the jury of
misconduct, see Dkt. Nos. 475 & 477, is particularly brazen and alarming. Accordingly, this
Court should grant the Governments motion for an order to show cause to determine who
violated the Courts Protective Order and what action should be taken, including but not limited
to, sanctions and contempt.
Respectfully submitted,JACK SMITH
Chief
Dated: May 25, 2011 By: _/s/ Peter Koski________
PETER M. KOSKI
DEBORAH S. MAYER
Trial Attorneys
Criminal Division, Public Integrity Section
United States Department of Justice
1400 New York Avenue, NWWashington, DC 20005
(202) 514-1412
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this date, I electronically filed the foregoing United States
Motion with the Clerk of the Court using the CM/ECF system which will send notification of
such filing to the attorneys of record for the defendants.
_/s/ Peter Koski________
PETER M. KOSKI
Trial Attorney
Criminal Division, Public Integrity Section
United States Department of Justice
Dated: May 25, 2011
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