Orden Besosa Divulgacion FBI

8/6/2019 Orden Besosa Divulgacion FBI

1/5

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

UNITED STATES OF AMERICA,

Plaintiff,

v.

JUAN BRAVO-FERNANDEZ [1] and

HECTOR MARTINEZ MALDONADO [2],

Defendants.

CRIMINAL NO. 10-232 (FAB)

MEMORANDUM AND ORDER

BESOSA, District Judge.

On May 25, 2011, the government filed a motion for an order to

show cause to determine whether anyone violated the Courts

Protective Order (Docket No. 29) by disclosing sensitive

information taken from an official FBI document, provided to the

defense in discovery, and what action should be taken, if any,

against them. (Docket No. 494.) The issue came to light when, on

May 23, 2011, Senator Thomas Rivera-Schatz, a self-proclaimed

supporter and agent of defendant Martinez, publicly read the

contents or part of the contents of the FBI document from the

Senate floor. (Docket No. 494 at 3-4.) On May 26, 2011,

defendants filed a response to the governments motion, as well as

affidavits and sworn declarations by defendants and their counsel

of record stating that they had not disclosed the FBI document at

issue to Senator Schatz. [sic] (Docket No. 498.) The government

Case 3:10-cr-00232-FAB Document 509 Filed 06/09/11 Page 1 of 5


2/5

Criminal No. 10-232(FAB) 2

filed a reply on the same date, alleging that defendants

affidavits and sworn declarations were insufficient, because the

Courts Protective Order prohibits the defense from disclosing the

documents to anyone outside the defense team. (Docket No. 499)

(emphasis added). On May 27, 2011, defendants filed supplemental

declarations in response to the governments motion, stating that

defendants and their counsel of record had not disclosed the FBI

document to anyone not covered by the protective order. (Docket

No. 500.)

The Courts Protective Order states in relevant part:

Any and all discovery materials the United States

produces to defendants Bravo and Martinez shall be

reviewed by only (i) them, (ii) their attorneys of

record, (iii) employees of those attorneys, (iv) a

photocopying or data processing service to whom it may be

necessary that defendants Bravo and Martinez show the

materials for the purposes of preparation, trial, directappeal (if any), and collateral attack (if any) of this

matter, (v) witnesses or potential witnesses, and

(vi) experts or investigators assisting in the

preparation, trial, direct appeal (if any), and

collateral attack (if any) of this matter. Defendants

Bravo and Martinez shall not disclose the contents of any

discovery material to any individual or entity except as

provided herein, as agreed to by the parties, or as

further ordered by the Court.

(Docket No. 29 at 1-2.)

The Protective Order explicitly provides that the discovery

material shall be used solely for the preparation, trial, direct

appeal (if any), and collateral attack (if any) of this matter and



3/5


for no other purpose whatsoever. (Docket No. 29 at 2.)

Additionally, if the discovery material or its contents are

disclosed to any of the individuals or entities listed above,

defendants . . . or their attorneys of record must give to the

individual or entity a 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. Id. Any individual or entity, by signing and dating

the Protective Order, who 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. Id. At 4.

The FBI document at issue summarized an interview of Jorge de

Castro-Font and was produced to defendants by the government as

part of the discovery production in this case. (Docket No. 494

at 4.) The Courts Protective Order, which was requested by the

government and to which defendants consented, unequivocally covers

the FBI document. Id. at 5. The government claims that the

document in the possession of Senator Rivera-Schatz has been

identified with absolute certainty to be the identical document

that the government produced to defendants as part of its discovery

obligations. Id. Senator Roberto Arango has also publicly stated



4/5


that he has seen the document that was in the possession of Senator

Rivera-Schatz and from which he read on the Senate floor. Id.

Because the FBI document has undisputably been publicly

disclosed in contravention of this Courts Protection Order, the

Court GRANTS the governments motion for an order to show cause to

determine who violated the Courts Protective Order, and what

action should be taken, if any, against them. A hearing shall be

held on July 15, 2011 commencing at 9:00 a.m., to determine it.

Prior to the hearing, on or before July 1, 2011, the parties

are ordered to provide to the Court, in chambers, ORIGINALS of the

copies of the Protective Order signed and dated by any individual

or representative of an entity who has received the discovery

material or has been notified of its contents. At the hearing set

for July 15, 2011, the Court will hear testimony from all persons

or representatives of any entities who have signed a copy of the

Protective Order as evidence of receipt of discovery material,

including, but not limited to, defendants, attorneys, employees,

photocopying or data processing personnel, witnesses or potential

witnesses, and experts or investigators. Additionally, the

following persons are ORDERED to appear at the hearing to provide

testimony:

1. Senator Thomas Rivera-Schatz

2. Senator Roberto Arango



5/5


3. Richard Roark1

4. Edgar Vega-Pabon2

The United States Marshal will serve a copy of this Order to

Senators Rivera-Schatz and Arango and Messrs. Roark and Vega-Pabon.

The parties may subpoena any other person they may feel should

testify at the hearing.

Finally, all government agents involved in this case are

ordered to provide declarations or affidavits, similar to those

provided by defendants in Docket No. 500, to the Court on or before

July 1, 2011.

IT IS SO ORDERED.

San Juan, Puerto Rico, June 9, 2011.

s/ Francisco A. Besosa

FRANCISCO A. BESOSAUnited States District Judge

Mr. Roark appeared at a chambers conference on December 21,1

2010 at which only attorneys were to be present. The minutes ofthat conference identify him as an attorney for defendant Martinez.

(Docket No. 129.) The Clerk is ordered to remove the restriction

on Docket No. 129.

Mr. Vega-Pabon appeared as counsel for defendant Martinez2

until he withdrew on February 10, 2011, on the eve of the trial.

(Docket Nos. 308 and 318.) The Clerk is ordered to remove the

restriction on Docket No. 308.


Orden Besosa Divulgacion FBI

Documents

Transcript of Orden Besosa Divulgacion FBI