USA v. Reid

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UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

United States of America
Vv. Criminal No. 05-cr-057-JD

Gordon Reid

ORDER

Gordon Reid moves for an order requiring the United States
Attorney to run a criminal record check on witnesses included on
the government’s witness list. The government is obligated to
disclose exculpatory and impeachment information that is in the

possession of or known to the government. United States v.

Bender, 304 F.3d 161, 164 (lst Cir. 2002). The government is not
obligated, however, to investigate or seek out and disclose
information that is not in the government’s possession or known

to it. Id.; see also Untied States v. Rodriguez, 390 F.3d 1, 30

(lst Cir. 2004).

Therefore, the government is obligated to turn over any
information in its possession related to Reid’s request but is
not required to run criminal record checks on witnesses who are

not known to have criminal records.

Conclusion

For the foregoing reasons, the defendant’s motion to compel
(document 143) is granted to the limited extent explained in this
order and is otherwise denied.

SO ORDERED.

Sey CDi Unite. fh

dageph A. DiClerico,
United States District “Judge

February 13, 2006

cc: Gordon Reid, pro se
Helen W. Fitzgibbon, Esquire
Clyde R. W. Garrigan, Esquire
Michael Iacopino, Esquire