Filed
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`D.C. Superior Court
`03/15/2024 16:15PM
`Clerk of the Court
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`SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
`Criminal Division—Misdemeanor Branch
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`UNITED STATES OF AMERICA
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`:
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`Case No.
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`2024 CMD 000983
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`V.
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`Community Court 3D5D
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`TASHEA HELMS,
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`Next Hearing: March 19, 2024
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`Defendant.
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`CONSENT PROTECTIVE ORDER
`GOVERNING BODY-WORN CAMERA MATERIALS
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`To expedite the government’s disclosure of body-worn camera materials (“BWC
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`materials”), and to adequately protect the privacy rights of the persons identified therein, pursuant
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`to the Court’s authority under Super. Ct. Crim. R. 16(d)(1), and with the consent ofthe parties, it
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`is hereby ORDERED:
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`1.
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`Materials Subject to this Order. Except as provided herein, this protective order
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`(“Order”) governs BWC materials disclosed by the governmentat any stage of this case.
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`2.
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`Legal Defense Team. The “legal defense team”includes defense counsel (defined
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`as counsel of record in this case, including any post-conviction or appellate counsel) and any
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`attorneys,
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`investigators, paralegals, support staff, and expert witnesses who are advising or
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`assisting defense counsel in connection with this case. The legal defense team shall not include
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`the defendant or the defendant’s family members,friends, or associates.
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`3.
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`Limitations on Dissemination. Except as otherwise permitted by this Order, the
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`legal defense team shall not disseminate BWC materials directly or through any person or
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`instrumentality to any person, entity, or public forum, other than members of the legal defense
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`team.
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`4.
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`Limitations on Use. Subject to the limitations contained in this Order and without
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`further order of the Court, the defendant and the legal defense team may use BWC materials solely
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`in connection with this case, including any post-conviction or appellate litigation, and for no other
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`purpose, and in connection with no other proceeding. The legal defense team may discuss BWC
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`materials with and defense counsel may authorize the viewing of BWC materials by: (A) the
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`defendant; and (B) other persons to whom this Court may authorize (hereinafter “court-authorized
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`persons”).
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`5.
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`Limitations on Reproduction. Subject to the limitations contained in this Order,
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`the legal defense team may physically or electronically reproduce BWC materials as deemed
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`necessary by defense counsel for use in connection with this case. Except as authorized herein,
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`the legal defense team shall not provide a copy, screenshot, or electronic reproduction of the BWC
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`materials to the defendant or any court-authorized person. Any reproductions of BWC materials
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`authorized by defense counsel shall be treated in the same manneras the original BWC materials.
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`6.
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`Storage Requirements. Except as authorized herein, the legal defense team shall
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`store BWC materials in a secure physical or electronic environmentthat limits access to members
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`of the legal defense team. Defense counsel shall be responsible and accountable for maintaining,
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`securing, and storing the BWC materials, including all reproductions thereof, and taking all
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`necessary precautions to prevent unauthorized access.
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`7.
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`Responsibility to Limit Disclosure of Sensitive Information.'
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`If the legal
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`defense team discusses BWC materials with or defense counsel authorizes the viewing of BWC
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`(listing information that raises privacy concerns in public filings); 24
`1 Cf Super. Ct. Crim. R. 49.1(a)
`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 hasthe rightto: (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) (7A crime victim has. . . [t]he right to
`be reasonably protected from the accused.”); 18 U.S.C. § 3771(a)(8) (*A crime victim has the .
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`. [t]he right to be
`treated with fairness and with respect for the victim’s dignity and privacy.”).
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`2
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`materials by the defendant or a court-authorized person, the legal defense team shall ensure that
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`neither the defendant nor any court-authorized person hears or views any portion of the BWC
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`materials that includes the following information:
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`A.
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`B.
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`C.
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`D.
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`E.
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`F.
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`G.
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`H.
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`I.
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`the namesor nicknamesofcivilians;
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`dates of birth;
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`social security or taxpayer identification numbers;
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`driver’s license or non-driver’s license identification card numbers;
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`home, work or school addresses;
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`telephone numbers, cellular numbers, or email addresses;
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`relatives, including names and contact information;
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`credit card, bank, debit, or other financial-account numbers; or
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`medical or mental health history information.
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`8.
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`Responsibility to Prevent Reproduction During Viewing.
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`If defense counsel
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`authorizes the defendant or a court-authorized person to view BWC materials, the legal defense
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`team shall ensure that the defendant or such court-authorized person does not copy, photograph,
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`take screenshots, or otherwise reproduce the BWC materials.
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`9.
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`Viewing by Incarcerated Defendants.
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`If the defendant is incarcerated by the
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`District of Columbia Department of Corrections (hereinafter “DCDOC”), defense counsel
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`is
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`authorized to provide a copy of the BWC materials to the DCDOC Office of General Counsel so
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`that the defendant can view the BWC materials pursuant to DCDOC’s alternative viewing
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`procedure. Before providing a copy of the BWC materials to DCDOC, defense counsel must
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`ensure that the BWC materials provided to the defendant through DCDOCdo not contain any
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`sensitive information as enumerated in paragraph 7. Nothing in this Order relieves the defendant
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`or the legal defense team of its obligation to execute a waiver, or to comply with any other
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`requirements
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`established by
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`the DCDOC’s Procedures
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`for Attorney Visitation
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`and
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`Discovery/Surveillance Review policy.
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`10.
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`Notifications Regarding this Order. Defense counsel must provide members of
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`the legal defense team, the defendant, and any other court-authorized person, with a copy ofthis
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`Order before providing them with access to, or permitting them to view, BWC materials.
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`11.—_Disposition Following the Conclusion of this Criminal Case. Defense counsel
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`may retain a copy of the BWC materials following the conclusion of this case. This Order shall
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`remain in effect after the conclusion of this case and shall continue to govern the dissemination,
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`use, reproduction, storage, and retention of BWC materials disclosed in this case. Nothing in this
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`Order prevents the government from seeking a court order requiring that the BWC materials be
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`returned or to further restrict the retention of BWC materials, and nothing in this Order prevents
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`defense counsel from seeking a court order allowing broader retention of the BWC materials.
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`12.
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`Automatic Exclusions from this Order. This Order does not apply to BWC
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`materials that are, or later become, part of the public record, including materials that have been
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`received in evidence in this or other public trials, or materials that are publicly released by the U.S.
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`Attorney’s Office or the governmentof the District of Columbia, including the Metropolitan Police
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`Department.
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`13.
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`Scopeof this Order. This Order does not prevent any party from objecting to the
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`discovery or admission of BWC materials that it otherwise believes to be improper. This Order
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`also does not constitute a ruling on:
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`(A) any potential objection to the discoverability or
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`admissibility of BWC materials; or (B) whether any particular BWC material
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`is properly
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`discoverable or admissible. This Orderis not intended to limit the use of BWC materials in any
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`judicial proceedingsin this case.
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`14.
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`Modification of this Order. Consent to this Order does not constitute a waiver or
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`otherwise prevent any party from seeking modification of this Order.
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`SO ORDEREDthis 15th day of March, 2024.
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`Cet Ze
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`Senior Judge Gerald I. Fisher
`Superior Court of the District of Columbia
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`Copies to:
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`Anne M.Cotter, Esq.
`Assistant U.S. Attorney
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`Colin Dunham,Esq.
`Defense Counsel
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`[e-Service]
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`[e-Service]
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