BOXLEY v. BEARD et al

Filing 73

ORDERED THAT BOXLEYS MOTION FOR DISCOVERY REGARDING RAFAEL FIGUEROA [DOC. NO 62] IS GRANTED IN PART AND DENIED IN PART WITHOUT PREJUDICE AS OUTLINED HEREIN: BOXLEYS MOTION FOR DISCVERY REGARDING BALLISTICS EVIDENCE [DOC. NO. 61] IS GRANTED AS OUTLINED HEREIN. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 1/13/20. 1/13/20 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICHARD BOXLEY

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v.
JEFFREY BEARD, et al.

CIVIL ACTION
No. 09-828
THIS IS A CAPITAL CASE

ORDER
AND NOW, this 13th day of January, 2020, upon consideration of Petitioner Richard
Boxley’s Motion for Discovery Regarding Rafael Figueroa and Motion for Discovery Regarding
Ballistics Evidence and Respondent’s Answers thereto, and for the reasons set forth in the
accompanying Memorandum, it is ORDERED:
•

Boxley’s Motion for Discovery Regarding Rafael Figueroa (Document 62) is
GRANTED in part and DENIED in part without prejudice as follows:
◦

The Motion is GRANTED as to the following materials: (1) all documentation and
information regarding any interview of Rafael Figueroa (a/k/a “Lata”) by the
Reading Police Department or any contacts between Figueroa and the Reading
Police Department relating in any way to the Jason Bolton homicide, and (2) all
information in the Commonwealth’s possession or control relating to Figueroa’s
knowledge of, or involvement with, before, during, or after the Bolton homicide.
The Commonwealth shall produce all such documentation and information in its
possession or control within 30 days of the date of this Order.

◦

To the extent the Commonwealth maintains that no such documentation or
information exists, the Commonwealth shall file an affidavit detailing the steps it
has taken to (1) determine whether Figueroa was interviewed by the Reading Police
Department in connection with the Bolton homicide, (2) determine whether any

documents relating to the interview(s) exist, and (3) search for responsive
documents and information. Any such affidavit shall be filed within 30 days of the
date of this Order.
◦
•

All other discovery sought by this Motion is DENIED without prejudice.

Boxley’s Motion for Discovery Regarding Ballistics Evidence (Document 61) is
GRANTED as follows:
◦

The Commonwealth shall provide all of the physical ballistics evidence in this case
to an independent expert designated by the defense subject to any reasonable
precautions necessary to preserve the chain of custody and integrity of the evidence.
The items to be produced include, without limitation, all weapons and all bullet
casings and bullet fragments obtained by the Reading Police Department and
submitted to the laboratory for analysis and comparison testing in connection with
the Jason Bolton homicide and the shootout the week prior at 10th and Chestnut
Streets. Prior to the production, the parties shall meet and confer to establish a
mutually agreeable procedure for the production of this evidence that addresses the
chain of custody concerns. The parties shall present the Court with a proposed
order memorializing the agreed upon procedure within 14 days of the date of this
Order.

◦

The Commonwealth shall also produce to the defense the following documentation
from the police testing of the ballistics evidence, to the extent any such materials
have not already been produced: all of the Commonwealth’s experts’ supporting
bench notes, worksheets, diagrams, sketches, notes, any data recorded, either
manually or digitally related to the examination of the ballistics evidence, all

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images,

including

photographs

taken

during

the

examination

and/or

photomicrographs recorded through the microscope, either digital or those
generated from the original film negatives, copies of any and all videos that were
made or used during the examination of the ballistics evidence, and anything further
that pertained to the ballistics, toolmarks and firearms testing done by the
Commonwealth’s expert. These materials shall be produced within 30 days of the
date of this Order.
◦

The Commonwealth shall also produce to the defense the policy and procedure
manual for the laboratory that conducted the testing, and the laboratory’s guidelines
for testing and it related rules and regulations. Before producing such manuals,
guidelines, and rules and regulations, the Commonwealth shall determine whether
the Office of General Counsel for the Pennsylvania State Police has any objection
to the disclosure. Any objection shall be presented to the Court within 30 days of
the date of this Order.
BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, C.J.

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