IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1664

MOTION RENEWED MOTION FOR DIRECT CONTACT WITH CLIENT by GUANTANAMO BAY DETAINEE LITIGATION, HAMOUD ABDULLAH HAMOUD HASSAN AL WADY (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Gunn, Carlton)

EXHIBIT D

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Case 4:99-cv-06859-VAP-OP Document 89

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Send Enrer

Filed 12/0.06

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TED STATES DISTRCT COURT
CENTRAL DISTRCT OF CALIFORNIA

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EASTERN DIVISION

11 AMS NELSON BLAIR,
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NO. CV-99-06859-MR (OP)

Petitioner,
v.

DEATH PENALTY CASE

¡/ ~ROO§~ ORDER RE:

14 ROBERT L. AYERS, Jr., Acting Warden, California State Prison at

l 5 San Quentin,
16

MEETINGS WITH JAMES NELSON BLAIR

ONFIDE IAL CELL-SIDE

Respondent.

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18 GOOD CAUSE APPEARG, IT IS HEREBY ORDERED THT:
19 1. Petitioner's Motion for an Order Directing Respondent-California
20 eparent of

Corrections and Rehabilitation to Pennit Counsel Confidential

21 ell-Side Meetings with James Nelson Blair is GRANTED.
22 2. Respondent Robert L. Ayers, Jr., Acting Warden of

San Quentin State

23 rison, is ordered to permit members of

Petitioner's legal team to conduct three (3)

24 confidential cell-side meetings with Petitioner at his cell in the Adjustment Center

25 at San Quentin State Prison. If counsel for Petitioner determine that additional" \.
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eetings ar necessary, the Cour will entertin an application for suc. åditional.

eetings and wil provide Respondent an opportity to be hear. " . . 'l\ -

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Case 2:99-cv-06859-VAP-OP Document S9

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1 3. Counsel may meet with Petitioner for up to one-and-one-half ( 1/1/2)
2 ours at each visit. No more than two (2) members of

Petitioner's legal team may

3 attend each visit.
4 4. Counsel for Petitioner shan coordinate the scheduling of

the visits

5 ith the legal coordinator at San Quentin State Prison, Ms. Denise Dun, providing

6 suffcient notice of requested dates in order arange the visits at dates and times
7 at are least disruptive of prison operations.
8 5. The Warden of

San Quentin State Prison may require the members of

9 etitioner's legal team to wear "stab vests" and protective eye wear while within

10 he Adjustment Center. The Warden may not require the legal team members to
i 1 ear face shields.
12 6. The Warden of San Quentin State Prison may require two (2) of

its

13 orrectional offcers to escort the legal team members at each cen-side visit. The
14 correctional offcers shall be stationed six to eight feet away from the legal team
15 embers during each visit.
16 7. Any California Deparent of Corrections and Rehabiltation
17 employees present at the confidential

legal visits shall not disclose to anyone any

18 communications, verbal or non-verbal, that are heard or observed between Mr.
i 9 lair and members of his legal team.

20 8. If at any time during the legal visit, the correctional offcers believe
2 I hat the safety of the members of Petitioner's legal team or of the offcers

22 emselves is injeopardy, the offcers may terminate the visit. The Court shall be

23 otified of the circumstances surrounding such a termination for furter
24 onsideration.
25 9. Counsel for Mr. Blair, the Offce of

the Federal Public Defender,

26 han inform him in writing of

this Court's order granting cell-side visits and offer

27 him the alternative of a legal visit in the legal visiting area for condemned inmates
28 at San Quentin.
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Case 2:99-cv-06859-VAP-OP Document 89

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Filed 12/0.06

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10. Pror to each scheduled cen-side meeting, counsel for Mr. Blair shall
2 otify him in writing of the date and time of

the meeting and offer him the

3 alternative of a legal visit in the legal visiting area for condemned inmates at San

4 Quentin. In addition, the legal coordinator at San Quentin State Prison, Ms.
5 nise Dull, and counsel for Petitioner wil, in advance of each scheduled

6 meeting, attempt to coordinate a telephone can between Petitioner and counsel, at
7 hich time counsel wil again offer Mr. Blair the alternative of a visit in the legal
8 isiting area for condemned inmates at San Quentin. Respondent wil not forcibly

9 extract Petitioner from his cell for the telephone call or otherwise require him to

10 articipate in the call, but wil simply offer him the opportunity to speak with his
1 i counsel by phone at a location designated by the Warden at San Quentin State

12 rison or Ms. DulL.
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ATED:

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lCounsel for Respondent

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23 pproved as to form and content only:
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26 eputy Attorney General

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t-20 :lgav-06859~ Documenl.ß9 Filed 12/°.°003 8lpi of 5'.Ìl

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1 10. Pror to each scheduled cell-side meting, counel for Mr. Blair shall
2 otify hi in wrting of the date and time of

the meeti and offer hi the

3 Itemative of a legal visit in the lega visiting ar for condemned inmates at San
4 ntin. In addition, th legal cordinto at San Quentin Sta Prison, Ms.
5 nise Dull, and counsel for Petitioner will, in advance of each scheduled

6 eeng, attempt to coordinate a telephone cal between Pettioner and counsel, at

7 mch time counsel wil again offer Mr. Blai the alterative of a visit in the legal

g isiting ara for condenmed i!Uates at San Quentin. Rendet wil not forcibly
9 xtt Petitioner from his cell for the telephone call or otherwse requie him to

10 aricipate in the cal, but will simply offer hi the opportity to speak with his
11 ounsel by phone at a location designed by the Warden at San Quentin Stae
12 . son or Ms. DuL.
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is ATE:
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HONURALE USW ALD PARA
United States Magistrte Judge

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23 pproved as to ronn and content only:
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26 puty Attorney General ounsel for Respondent
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TOT~ P.Ø3

Case 2:99-cv-06859-VAP-OP

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Document ß9

Filed 12/0_06

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.lROOF OF SERVICE
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I, the undersigned, declare that: I am employed in Los Angeles County,

3 California; my business address is the Federal Public Defender's Offce, 321 East
4 Second Street, Los Angeles, California 900 I 2-4202; I am over the age of eighteen
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ears; I am not a par to the above-entitled action; I am employed by the Federal

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blic Defender for the Centrl District of California, who is a member of the Bar
f the United States District Court for the Central Distrct of California, and at
hose direction I served a copy of

the attched (pROPOSED) ORDER RE:

9 CONFIDENTIAL CELL-IDE MEETINGS WITH JAMES NELSON
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LAIR on the following individual(s), addressed as follows, by:
II Placing same in a
I J Plaeing same in aa

12 ealed envelope for
elivery:

IXI Placing same in a
seled envelope for

II Faxing same via

envelope for handdelivery:

facsimile machine:

13 olleclioo aDd interolflC
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HAYWARD 15 PRIL S, RYLAARSDAM
A. SCOTT

colletioo and mailng
via the Uailed States

Post Orne:
JAMES N. BLAIR
CDC #0-13017

16 omce oUhe Attorney General 00 South Spriog Street, Ste. 500
17 Lo Aogele, CA 90013

San Quentin State Prison

San Quentin, CA 94964

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B - elive :

Courtesy CODY to:

19 DEATH PENAL TV LAW CLERK
20 11 North Spring Street, Rm. SIOD Lo Angeles, CA 90011

HON. OSWALD PARADA
U.S. Magistrate Judge

Riverside Federal Courthouse
Riverside, CA

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This proof of service is executed at Los Angeles, California, on
ovember 21, 2006.
I declare under penalty of perjury that the foregoin . tre and correct to

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26 he best of my knowledge.

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