Mcintosh v. Holder et al

Filing 63

ORDER by Judge Charles R. Breyer granting 60 Ex Parte Application (beS, COURT STAFF) (Filed on 1/16/2014)

1
2
3
4
5

BOERSCH SHAPIRO LLP
David W. Shapiro (State Bar No. 219265)
[e-mail]
235 Montgomery Street, Suite 835
San Francisco, CA 94104
Telephone: [phone]
Attorney for Petitioner
RONALD J. MCINTOSH

6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

10
11

RONALD J. MCINTOSH,

Case No.: 3:09-cv-00750 CRB

Petitioner,

12

ORDER
13

v.

14

ERIC H. HOLDER and
ATTORNEY GENERAL OF CALIFORNIA,

15
16
17

Respondents.
This matter comes to Court on Petitioner’s Motion for an Order to Produce Discovery.

18

Having reviewed all papers submitted in support of and in opposition to this motion, and this

19

motion having been heard by this Court, the Court GRANTS Petitioner’s Motion for an order

20

directing the Attorney General for the State of California (the “State”) and the United States

21

Department of Justice (and its components the Federal Bureau of Investigation and the United

22

States Marshal Service) (the “federal government”) to produce the following in connection with

23

McIntosh’s Rule 60(b) motion as described below:

24
25
26

1.
The State and federal government shall furnish McIntosh with (a) the material it
deemed Brady material and furnished to McIntosh and (b) all material that it reviewed
after the hearing on McIntosh’s subpoena on October 5, 1990 and that was withheld in
People v. McIntosh, C-23606 (Superior Court, County of San Mateo) (hereafter,
“McIntosh”) regardless of whether it was furnished to McIntosh.

27
28

2.
The State and federal government shall furnish McIntosh with all information that
came into the possession, custody or control of the State or federal government before,
ORDER
3:09-CV-00750 CRB

1

during or after McIntosh that constitutes Brady material concerning Ronald Raiton a/k/a
David Younge and/or Russell Weston a/k/a Drax Quartermain.

2
3
4

3.
The State shall furnish McIntosh with all communications between the State and
federal government prior to and following the hearing in McIntosh on October 5, 1990
concerning the review of government files in response to McIntosh’s subpoena. (See
Exhibit C-1 accompanying this motion at 80.)

5
6
7
8
9

4.
The State shall furnish McIntosh with all tape-recorded conversations between
Ronald Raiton, a/k/a David Young and Russell Weston a/k/a Drax Quartermain following
the homicide of Ronald Ewing.
5.
The State shall furnish McIntosh with all information concerning any benefits
(financial or otherwise) conferred on Ronald Raiton, a/k/a David Young by the State,
including without limitation the State’s knowledge of Raiton’s failure to pay child
support of over $163,000 as of August 2006.

10
11
12

6.
The federal government shall furnish McIntosh with all information concerning
any benefits (financial or otherwise) conferred on Ronald Raiton, a/k/a David Young by
the federal government, including without limitation the federal government’s knowledge
of Raiton’s failure to pay child support of over $163,000 as of August 2006.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

7.
The federal government shall furnish McIntosh with all information provided by
Ronald Raiton, a/k/a David Young to the federal government concerning the homicide of
Ronald Ewing, including any tape recordings, notes, and memoranda written or recorded
by any person.
8.
The State shall furnish McIntosh with all information provided by Ronald Raiton,
a/k/a David Young to the State concerning the homicide of Ronald Ewing.
9.
The federal government shall furnish McIntosh with all information, including
reports, notes, emails, and other forms of information, concerning a United States
Department of Justice investigation into the FBI’s handling of Ronald Raiton, a/k/a
David Younge.
10.
The State and federal government shall furnish McIntosh all information,
including reports, notes, and other documents, concerning communications between the
State or federal government and Joseph Green.
11.
The State and federal government shall furnish McIntosh all information,
including reports, notes, and other documents, concerning communications between the
State or federal government and Debra Chandler, including without limit
communications concerning the substance of her testimony, and all information
concerning any benefits conferred on Chandler by the State and/or federal government,
including without limit any financial assistance and/or any involvement by the State (or
its officers) regarding criminal charges brought or that could have been brought against
Chandler.

28
2

ORDER
3:09-CV-00750 CRB

1

UNIT
ED

4
5

RT

7

. Breyer

arles R
udge Ch

NO

6

J

ER

9

A

H

8

R NIA

___________________________________
DERED
HONORABLE CHARLES R. BREYER,
SO OR
IT S
United IStates District Judge

FO

Dated: January 14, 2014

LI

3

S DISTRICT
TE
C
TA

RT
U
O

IT IS SO ORDERED:

S

2

N

D IS T IC T
R

OF

C

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

ORDER
3:09-CV-00750 CRB