Cc: Brad Edwards <¶
Subject: RE: Letter to Ferrer¶
Date: Fri, 30 Sep 2011 03:30:20 +0000¶
Importance: Normal¶
Attachments: letter-to-usattorney-sept29-2011.pdf¶
Hi¶
Thanks for getting back to us so promptly. While we strenuously disagree with your assertions, we appreciate you letting us know quickly.¶
Brad and I fed-exed the attached letter to US Attorney Ferrer today. We are sending cc’s to you and via snail mail. I thought you might want a courtesy copy quickly.¶
Paul Cassell for Jane Doe #1 and Jane Doe #2¶
Paul G. Cassell¶
Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at the University of Utah¶
CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you.¶
From:¶
Sent: Thursday, September 29, 2011 8:20 PM¶
To: Paul Cassell;¶
Cc: Brad Edwards¶
Subject: RE: Any voluntary production of documents?¶
Dear Paul and Brad:¶
Your request is still under advisement, but I am going to be out tomorrow and I wanted to respect Paul’s request for a response by Friday.¶
After conferring with from our review of your request, it appears that the documents that you have requested fall within the attorney-client, work product, and other privileges and many are covered by the secrecy rules of Fed. R. Crim. P. 6(e). Accordingly, we cannot agree to voluntarily provide them to you.¶
If we receive any different direction, I will let you know promptly.¶
EFTA00205181¶
As you know, Judge Marra has now ordered discovery in this case. We are in the process of formulating our discovery requests.¶
We are writing to inquire as to whether the Government will voluntarily produce any documents to us. We understand that briefing is still on-going regarding the U.S. Attorney’s correspondence. But there are other items that are plainly relevant that are not subject to that litigation, including (but not limited to): the “pros memo” in this case; the “case file” in this case; the draft indictments; the draft plea agreements and non-prosecution agreements; the draft CVRA notices to victims; information obtained by OPR as part of its investigation/inquiry; and correspondence or communications between the USAO and the FBI regarding this case, including crime victims issues.¶
It would obviously help us to narrow down our document production request if you would voluntarily provide some of this information to us. We also continue to believe that you are obligated to provide all of this information to us as part of (among other things) (1) the Justice Department’s “best efforts” requirements under the CVRA, particularly now that Judge Marra has rejected your position that the CVRA was never triggered in this case; and (2) the Justice Department’s obligation to afford victims their right to be “treated with fairness.”¶
Thanks in advance for letting us know whether we can receive any voluntary production of documents relevant to our pending summary judgment motion. The favor of a reply by the close of business this Friday would be greatly appreciated.¶
Brad Edwards and Paul Cassell for Jane Doe #1 and Jane Doe #2¶
Paul G. Cassell¶
Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at the University of Utah¶
CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you.¶
EFTA00205182¶