`
`D.C. Superior Court
`03/15/2024 11:31AM
`Clerk of the Court
`
`SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
`Criminal Division—Misdemeanor Branch
`
`UNITED STATES OF AMERICA
`
`:
`
`Case No. 2024CMD000983
`
`V.
`
`COMM COURT3D/SD
`
`TASHEA HELMS,
`
`Status Hearing: March 19, 2024
`
`Defendant.
`
`UNOPPOSED MOTION FOR BODY-WORN CAMERA PROTECTIVE ORDER
`
`The United States of America, by and throughits attorney, the United States Attorney for
`
`the District of Columbia, respectfully moves the Court to issue a protective order governing body-
`
`worn camera materials disclosed by the governmentat any stage of this case. The United States
`
`and the defendant have reached an agreementas to the proposed protective order. Therefore, the
`
`United States is authorized to represent to the Court that the defendant does not oppose this motion
`
`or the entry of the attached protective order.
`
`Respectfully submitted,
`
`Matthew M. Graves
`United States Attorney
`
`By:
`
` /s/Anne M. Cotter
`ANNE M. COTTER
`Assistant United States Attorney
`U.S. Attorney’s Office
`601 D Street, N.W.
`Washington, D.C. 20530
`(202) 740-1676
`
`
`
`SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
`Criminal Division—Misdemeanor Branch
`
`UNITED STATES OF AMERICA
`
`:
`
`Case No. 2024CMD000983
`
`V.
`
`COMM COURT3D/SD
`
`TASHEA HELMS,
`
`Status Hearing: March 19, 2024
`
`Defendant.
`
`CONSENT PROTECTIVE ORDER
`GOVERNING BODY-WORN CAMERA MATERIALS
`
`To expedite the government’s disclosure of body-worn camera materials (“BWC
`
`materials”), and to adequately protect the privacy rights of the persons identified therein, pursuant
`
`to the Court’s authority under Super. Ct. Crim. R. 16(d)(1), and with the consent ofthe parties, it
`
`is hereby ORDERED:
`
`1.
`
`Materials Subject to this Order. Except as provided herein, this protective order
`
`(“Order”) governs BWC materials disclosed by the governmentat any stage of this case.
`
`2.
`
`Legal Defense Team. The “legal defense team” includes defense counsel (defined
`
`as counsel of record in this case, including any post-conviction or appellate counsel) and any
`
`attorneys,
`
`investigators, paralegals, support staff, and expert witnesses who are advising or
`
`assisting defense counsel in connection with this case. The legal defense team shall not include
`
`the defendantor the defendant’s family members,friends, or associates.
`
`3.
`
`Limitations on Dissemination. Except as otherwise permitted by this Order, the
`
`legal defense team shall not disseminate BWC materials directly or through any person or
`
`instrumentality to any person, entity, or public forum, other than members of the legal defense
`
`team.
`
`
`
`4.
`
`Limitations on Use. Subject to the limitations contained in this Order and without
`
`further order of the Court, the defendant and the legal defense team may use BWC materials solely
`
`in connection with this case, including any post-conviction or appellate litigation, and for no other
`
`purpose, and in connection with no other proceeding. The legal defense team may discuss BWC
`
`materials with and defense counsel may authorize the viewing of BWC materials by: (A) the
`
`defendant; and (B) other persons to whom this Court may authorize (hereinafter “court-authorized
`
`persons’).
`
`5.
`
`Limitations on Reproduction. Subject to the limitations contained in this Order,
`
`the legal defense team may physically or electronically reproduce BWC materials as deemed
`
`necessary by defense counsel for use in connection with this case. Except as authorized herein,
`
`the legal defense team shall not provide a copy, screenshot, or electronic reproduction of the BWC
`
`materials to the defendant or any court-authorized person. Any reproductions of BWC materials
`
`authorized by defense counsel shall be treated in the same manneras the original BWC materials.
`
`6.
`
`Storage Requirements. Except as authorized herein, the legal defense team shall
`
`store BWC materials in a secure physical or electronic environmentthat limits access to members
`
`of the legal defense team. Defense counsel shall be responsible and accountable for maintaining,
`
`securing, and storing the BWC materials, including all reproductions thereof, and taking all
`
`necessary precautions to prevent unauthorized access.
`
`7.
`
`Responsibility to Limit Disclosure of Sensitive Information.'
`
`If the legal
`
`defense team discusses BWC materials with or defense counsel authorizes the viewing of BWC
`
`1 Cf Super. Ct. Crim. R. 49.1(a) (isting information that raises privacy concerns in public filings), 24
`D.C.MLR. § 3902.5(a)(2) & (3) (limiting a subject’s access to BWC footage that would “violate the individual privacy
`rights of any other subject” or “jeopardize the safety of another subject”); see also D.C. Code § 23-1901(b) (“A crime
`victim has the right to: (1) Be treated with fairness and with respect to the victim’s dignity and privacy; [and] (2) Be
`reasonably protected from the accused offender... .”); 18 U.S.C. § 3771(a)(1) (A crime victim has.. . [t]he right to
`be reasonably protected from the accused.”); 18 U.S.C. § 3771(a\(8) CA crime victim has the... [t]he right to be
`treated with fairness and with respect for the victim’s dignity and privacy.”).
`
`2
`
`
`
`materials by the defendant or a court-authorized person, the legal defense team shall ensure that
`
`neither the defendant nor any court-authorized person hears or views any portion of the BWC
`
`materials that includes the following information:
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`
`I.
`
`the namesor nicknames ofcivilians;
`
`dates of birth;
`
`social security or taxpayer identification numbers;
`
`driver’s license or non-driver’s license identification card numbers;
`
`home, work or school addresses;
`
`telephone numbers, cellular numbers, or email addresses;
`
`relatives, including namesand contact information;
`
`credit card, bank, debit, or other financial-account numbers; or
`
`medical or mental health history information.
`
`8.
`
`Responsibility to Prevent Reproduction During Viewing.
`
`If defense counsel
`
`authorizes the defendant or a court-authorized person to view BWC materials, the legal defense
`
`team shall ensure that the defendant or such court-authorized person does not copy, photograph,
`
`take screenshots, or otherwise reproduce the BWC materials.
`
`9.
`
`Viewing by Incarcerated Defendants.
`
`If the defendant is incarcerated by the
`
`District of Columbia Department of Corrections (hereinafter “DCDOC”), defense counsel
`
`is
`
`authorized to provide a copy of the BWC materials to the DCDOC Office of General Counsel so
`
`that the defendant can view the BWC materials pursuant to DCDOC’s alternative viewing
`
`procedure. Before providing a copy of the BWC materials to DCDOC, defense counsel must
`
`ensure that the BWC materials provided to the defendant through DCDOCdo not contain any
`
`sensitive information as enumerated in paragraph 7. Nothing in this Order relieves the defendant
`
`
`
`or the legal defense team of its obligation to execute a waiver, or to comply with any other
`
`requirements
`
`established by
`
`the DCDOC’s Procedures
`
`for Attorney Visitation
`
`and
`
`Discovery/Surveillance Review policy.
`
`10.
`
`Notifications Regarding this Order. Defense counsel must provide members of
`
`the legal defense team, the defendant, and any other court-authorized person, with a copy ofthis
`
`Order before providing them with access to, or permitting them to view, BWC materials.
`
`11.
`
`Disposition Following the Conclusion of this Criminal Case. Defense counsel
`
`may retain a copy of the BWC materials following the conclusion of this case. This Order shall
`
`remain in effect after the conclusion of this case and shall continue to govern the dissemination,
`
`use, reproduction, storage, and retention of BWC materials disclosed in this case. Nothing in this
`
`Order prevents the government from seeking a court order requiring that the BWC materials be
`
`returned or to furtherrestrict the retention of BWC materials, and nothing in this Order prevents
`
`defense counsel from seeking a court order allowing broaderretention of the BWC materials.
`
`12.
`
`Automatic Exclusions from this Order. This Order does not apply to BWC
`
`materials that are, or later become, part of the public record, including materials that have been
`
`received in evidence in this or other public trials, or materials that are publicly released by the U.S.
`
`Attorney’s Office or the governmentof the District of Columbia, including the Metropolitan Police
`
`Department.
`
`13.
`
`Scopeof this Order. This Order does not prevent any party from objecting to the
`
`discovery or admission of BWC materials that it otherwise believes to be improper. This Order
`
`also does not constitute a ruling on:
`
`(A) any potential objection to the discoverability or
`
`admissibility of BWC materials; or (B) whether any particular BWC material
`
`is properly
`
`
`
`discoverable or admissible. This Order is not intended to limit the use of BWC materials in any
`
`judicial proceedingsin this case.
`
`14.
`
`Modification of this Order. Consent to this Order does not constitute a waiver or
`
`otherwise prevent any party from seeking modification of this Order.
`
`SO ORDEREDthis
`
`day of
`
`, 2024.
`
`
`
`HONORABLE
`Associate Judge
`Superior Court of the District of Columbia
`
`