USA v. Reid

1The records were filed, under seal, with that motion,
document no. 371.
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Criminal No. 05-cr-057-JD
Gordon Reid
O R D E R
The government moved for an in camera inspection of mental
health records related to evaluation and treatment of its
witness, Deborah Poirier, between June 19 and 21, 2006.1 The
government’s motion was granted on July 17, 2006. Gordon Reid
moves for reconsideration of that decision and contends that he
is entitled to have an expert examine the records on his behalf.
Reid also moves for disclosure of all presentence reports
generated in United States v. Poirier, 05-cr-175-JD (D.N.H.
2005).
The court has reviewed, in camera, Deborah Poirier’s recent
mental health records that were submitted by the government and
has determined that certain portions of those records will be
disclosed to Reid for purposes of this case. See Procedural
Order, 7/17/06 (document no. 395). If Reid concludes that he
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needs input from an expert to interpret the disclosed portions of
those records, he may submit them to Dr. Davidoff who has been
retained as Reid’s mental health expert. Further, Dr. Davidoff
will be allowed to testify at trial about the disclosed portions
of the records.
The court has also reviewed the presentence report prepared
in United States v. Poirier and has determined that certain
portions of the report will be disclosed to Reid. Because
presentence reports are not Jencks Act material, only exculpatory
or impeachment information in a report need be disclosed to a
third party in this context. See United States v. McGee, 408
F.3d 966, 973 (7th Cir. 2005). Copies of the redacted version of
the presentence report was provided to the parties in court on
July 18, 2006.
Copies of both the original presentence report and the
redacted report are filed under seal in this case. Because those
documents contain personal and confidential information, neither
the documents nor the information in them shall be disclosed to
anyone other than the parties in this case, counsel in this case,
and the parties’ expert witnesses. The disclosed information
shall only be used in this case and for no other purpose.
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Conclusion
For the foregoing reasons, the defendant’s motion to
reconsider the decision to release only excerpts of the medical
and psychological records (document no. 388) is denied. The
defendant’s motion to disclose presentence reports (document no.
387) is granted in part and denied in part. The presentence
report in a redacted version has been disclosed.
SO ORDERED.
____________________________
Joseph A. DiClerico, Jr.
United States District Judge
July 19, 2006
cc: Gordon Reid, pro se
Michael J. Iacopino, Esquire
Helen W. Fitzgibbon, Esquire
Clyde R. W. Garrigan, Esquire
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