13 January 2003. Source: PACER.

Related New York Times report: http://www.nytimes.com/2003/01/13/politics/13SPY.html


Docket as of January 10, 2003 6:02 pm Web PACER (v2.4)




U.S. District Court

Eastern District of Virginia (Alexandria)

CRIMINAL DOCKET FOR CASE #: 01-CR-405-ALL

USA v. Regan

Filed: 10/23/01
Other Dkt # 1:01-m -00944



Case Assigned to: Judge Gerald Bruce Lee







BRIAN PATRICK REGAN (1)           James Clyde Clark
     defendant                    [COR LD NTC cja]
                                  Land, Clark, Carroll &
                                  Mendelson PC
                                  112 S Alfred St
                                  Suite 300
                                  Alexandria, VA 22320-0888
                                  (703) 836-1000

                                  Jonathan Shapiro
                                  [COR LD NTC cja]
                                  Law Office of Jonathan Shapiro
                                  910 King Street
                                  Alexandria, VA 22314
                                  (703) 684-1700

                                  Nina J. Ginsberg
                                  [COR LD NTC cja]
                                  DiMuro Ginsberg & Mook PC
                                  908 King St.
                                  Suite 200
                                  Alexandria, VA 22314
                                  (703) 684-4334

                                  Joseph John McCarthy
                                  [COR LD NTC cja]
                                  Delaney McCarthy & Colton PC
                                  510 King St
                                  Suite 400
                                  Alexandria, VA 22314
                                  (703) 549-9701

Defendant Assigned to:  Judge Gerald Bruce Lee

Pending Counts:                          Disposition

(18:794.F) 18:794(a) Attempted
Espionage (Iraq) (CT.1ss
08.23.01)
(1ss)

(18:794.F) 18:794(a) Attempted
Espionage (Libya) (CT.2ss
08.23.01)
(2ss)

(18:794.F) 18:794(a) Attempted
Espionage (China) (CT.3ss
08.23.01)
(3ss)

(18:793.F) 18:793(b) Gathering
National Defense Information
(CT.4ss 08.23.01)
(4ss)

Offense Level (opening): 4       

Terminated Counts:                       Disposition

(18:794.F) 18:794(a) Attempted    Dismissed per filing of
Espionage (CT.1 08/23/01)         Superseding Indictment
(1)                               (1)

(18:794.F) 18:794(a) Attempted    Dismissed per filing of
Espionage (Iraq) (CT.1s           Supereding Indictment

08/23/01) (1s) (1s) (18:794.F) 18:794(a) Attempted Dismissed per filing of Espionage (Libya) (CT.2s Supereding Indictment
08/23/01) (2s) (2s) (18:794.F) 18:794(a) Attempted Dismissed per filing of Espionage (China) (CT.3s Supereding Indictment
08/23/01) (3s) (3s) (18:793.F) 18:793(b) Gathering Dismissed per filing of National Defense Information Supereding Indictment (CT.4s 08/23/01) (4s) (4s) Offense Level (disposition): 4 Complaints Disposition (18:794.F) 18:794(c) Conspiracy to Commit Espionage [ 1:01-m -944 ] U. S. Attorneys: Patricia M. Haynes [COR LD NTC] U.S. Attorney Office 2100 Jamieson Avenue Alexandria, VA 22314 (703) 299-3700




DOCKET     PROCEEDINGS




DATE     #                   DOCKET     ENTRY


8/24/01 1 COMPLAINT as to Brian P. Regan [ 1:01-m -944 ] (djoh) [Entry date 08/24/01]
8/24/01 2 AFFIDAVIT by USA as to Brian P. Regan Re: [1-1] complaint [ 1:01-m -944 ] (djoh) [Entry date 08/24/01]
8/24/01 3 CJA 20 as to Brian P. Regan Appointment of Attorney John C. Kiyonaga () [ 1:01-m -944 ] (ctat) [Entry date 08/24/01]
8/24/01 -- Initial appearance as to Brian P. Regan held ;Preliminary Examination/Detention Hearing set for 3:00 8/29/01 for Brian P. Regan before Magistrate Judge Welton C. Sewell ( Tape #387) USA through: P. Haynes. Dft(s) appeared through: w/o counsel. (Defendant informed of rights.) Court to appt counsel. US seeks detention pending PH/DH-GRANTED. Deft is remanded to the custody of the USMS. [ 1:01-m -944 ] (ntho) [Entry date 08/27/01]
8/24/01 4 ORDER OF TEMPORARY DETENTION as to Brian P. Regan ( Signed by Magistrate Judge Welton C. Sewell ) [ 1:01-m -944 ] (ntho) [Entry date 08/27/01]
8/24/01 5 CJA 20 as to Brian P. Regan Appointment of Attorney Nina J. Ginsberg ( Signed by Magistrate Judge Welton C. Sewell ) [ 1:01-m -944 ] (avax) [Entry date 08/28/01]
8/28/01 6 JOINT MOTION by Brian P. Regan and USA to Extend Time to Indict to 10/19/01 [ 1:01-m -944 ] (avax) [Entry date 08/28/01]
8/28/01 7 JOINT MOTION and Proposed Order by Brian P. Regan and USA to Extend Time Limit for Preliminary Examination and Detention Hearing [ 1:01-m -944 ] (avax) [Entry date 08/28/01]
8/29/01 8 ORDER as to Brian P. Regan granting [7-1] joint motion by Brian P. Regan and USA to Extend Time Limit for Preliminary Examination and Detention Hearing from 8/29/01 to 9/28/01 as to Brian P. Regan (1) Signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y [ 1:01-m -944 ] (avax) [Entry date 08/29/01]
8/29/01 -- Deadline updated as to Brian P. Regan reset Preliminary Examination for 9/28/01 for Brian P. Regan [ 1:01-m -944 ] (avax) [Entry date 08/29/01]
8/29/01 -- Detention hearing as to Brian P. Regan set for 9/28/01 for Brian P. Regan [ 1:01-m -944 ] (avax) [Entry date 08/29/01]
8/29/01 9 MOTION by USA as to Brian P. Regan for Protective Order [ 1:01-m -944 ] (avax) [Entry date 08/30/01]
8/30/01 10 NOTICE OF INTENT to Use Foreign Intelligence Surveillance Act Information Pursuant to 50 USC SEC 1806(c) and 1825(d)as to Brian P. Regan [ 1:01-m -944 ] (avax) [Entry date 08/30/01]
9/4/01 11 ORDER as to Brian P. Regan granting [9-1] motion for Protective Order as to Brian P. Regan (1) ( Signed by Judge Claude M. Hilton ) Copies Mailed: y [ 1:01-m -944 ] (avax) [Entry date 09/04/01]
9/4/01 12 ORDER as to Brian P. Regan granting [6-1] joint motion by Brian P. Regan and USA to Extend Time to Indict to 10/19/01 as to Brian P. Regan (1) ( Signed by Judge Claude M. Hilton ) Copies Mailed: y [ 1:01-m -944 ] (avax) [Entry date 09/04/01]
9/6/01 13 Memorandum of Understanding by defendant Brian P. Regan [ 1:01-m -944 ] (avax) [Entry date 09/07/01]
9/18/01 14 JOINT MOTION by Brian P. Regan and USA to Extend Time to Indict to 11/16/01 [ 1:01-m -944 ] (avax) [Entry date 09/18/01]
9/18/01 15 JOINT MOTION and PROPOSED ORDER as to Brian P. Regan to further Extend time Limit for preliminary examination and detention hearing [ 1:01-m -944 ] (avax) [Entry date 09/18/01]
9/19/01 16 ORDER as to Brian P. Regan granting [15-1] motion to further Extend time Limit for preliminary examination and detention hearing from 9/28/01 to 10/26/01 as to Brian P. Regan (1) ( Signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y [ 1:01-m -944 ] (avax) [Entry date 09/19/01]
9/19/01 -- Deadline updated as to Brian P. Regan reset Preliminary Examination for 10/26/01 [ 1:01-m -944 ] (avax) [Entry date 09/19/01]
9/21/01 17 ORDER as to Brian P. Regan granting [14-1] joint motion by Brian P. Regan and USA to Extend Time to Indict to 11/16/01 as to Brian P. Regan (1) ( Signed by Judge Claude M. Hilton ) Copies Mailed: y [ 1:01-m -944 ] (avax) [Entry date 09/24/01]
10/23/01 18 INDICTMENT as to Brian P. Regan (1) count(s) 1 (Preliminary Examination cancelled.) (jcup) [Entry date 10/24/01]
10/23/01 -- Arraignment set for 9:00 11/5/01 for Brian P. Regan (jcup) [Entry date 10/24/01]
10/24/01 19 ORDER OF DETENTION as to Brian Patrick Regan ( Signed by Magistrate Judge Welton C. Sewell ) (jsch) [Entry date 10/24/01]
11/5/01 -- CASE assigned to Judge Gerald B. Lee (jsol) [Entry date 11/06/01]
11/5/01 -- Arraignment as to Brian Patrick Regan held before Judge Lee. Deft WFA, PNG and demanded trial by jury. Motions shall be filed w/i 21 days (3 weeks). Motion Hearing set for 9:00 12/14/01. Jury Trial set for 10:00 3/4/02. Proposed CIPA hearing schedule shall be submitted by counsel. Deft remanded. (r: Wilson.) USA appeared through: Patricia Haynes. Dft(s) appeared through: Nina Ginsberg. (jsol) [Entry date 11/06/01]
11/5/01 20 ORDER as to Brian Patrick Regan that Christine E. Gunning is designated as the Court Security Officer in this case. The Court designates as alternates, Charles Alliman, Michael Macisso, Earl Hicks, Jr. James Londergan and Barbara Russell.( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 11/06/01]
11/5/01 -- ORAL ORDER as to Brian Patrick Regan that Jonathan Shapiro is appointed as co-counsel in this case along w/Nina Ginsberg. ( Entered by Judge Gerald B. Lee ) (jsol) [Entry date 12/10/01]
11/5/01 35 CJA 20 as to Brian Patrick Regan Appointment of Attorney (Jonathan Shapiro) (jcup) [Entry date 12/10/01]
11/26/01 21 MOTION by Brian Patrick Regan for Early Disclosure of Names and Addresses of Government Witnesses (jcup) [Entry date 11/26/01]
11/26/01 22 MOTION by Brian Patrick Regan for Disclosure of 404(b) Evidence and Incorporated Authorities (jcup) [Entry date 11/26/01]
11/26/01 23 MOTION by Brian Patrick Regan for Early Production of Jencks/Rule 26.2 Statements (jcup) [Entry date 11/26/01]
11/26/01 24 MOTION by Brian Patrick Regan for Exculpatory Evidence (jcup) [Entry date 11/26/01]
11/26/01 25 MOTION by Brian Patrick Regan for Discovery and Inspection (jcup) [Entry date 11/26/01]
11/26/01 26 MOTION by Brian Patrick Regan for a Bill of Particulars (filed together with Request for In Camera Review of Grand Jury Minutes) (jcup) [Entry date 11/26/01] [Edit date 11/26/01]
11/26/01 26 REQUEST by Brian Patrick Regan for In Camera Review of Grand Jury Minutes (filed together with Motion for a Bill of Particulars) (jcup) [Entry date 11/26/01]
11/26/01 27 MEMORANDUM in support of [21-1] motion by Brian Patrick Regan for Early Disclosure of Names and Addresses of Government Witnesses (jcup) [Entry date 11/26/01]
12/5/01 28 MOTION by Brian Patrick Regan to Suppress all Evidence derived from Searches or Seizures conducted pursuant to the Foreign Intelligence Surveillance Act (jcup) [Entry date 12/05/01]
12/5/01 29 MEMORANDUM of Points and Authorities in favor of [28-1] motion by Brian Patrick Regan to Suppress all Evidence derived from Searches or Seizures conducted pursuant to the Foreign Intelligence Surveillance Act (jcup) [Entry date 12/05/01]
12/5/01 30 MOTION by Brian Patrick Regan for Discovery related to Fisa Searches (jcup) [Entry date 12/05/01]
12/7/01 31 CIPA SCHEDULING MOTION and PROPOSED ORDER by USA as to Brian Patrick Regan (jcup) [Entry date 12/07/01]
12/7/01 32 MEMORANDUM by USA of Law re: [31-1] CIPA Scheduling Motion and Proposed Order by USA as to Brian Patrick Regan (jcup) [Entry date 12/07/01]
12/10/01 33 OPPOSITION by USA [26-1] motion by Brian Patrick Regan for a Bill of Particulars and for In Camera Review of Grand Jury Minutes (jcup) [Entry date 12/10/01]
12/10/01 34 RESPONSE by USA [25-1] motion by Brian Patrick Regan for Discovery and Inspection, [24-1] motion by Brian Patrick Regan for Exculpatory Evidence, [23-1] motion by Brian Patrick Regan for Early Production of Jencks/Rule 26.2 Statements, [22-1] motion by Brian Patrick Regan for Disclosure of 404(b) Evidence and Incorporated Authorities, [21-1] motion by Brian Patrick Regan for Early Disclosure of Names and Addresses of Government Witnesses (jcup) [Entry date 12/10/01]
12/10/01 36 MOTION by Brian Patrick Regan pursuant to 21 U.S.C. 848(q)(10)(B), for Approval of Expert Compensation for Ray Williamson (jcup) [Entry date 12/10/01]
12/11/01 -- MOTION by Brian Patrick Regan - filed Under Seal (jsol) [Entry date 02/11/02]
12/11/01 94 MOTION by Brian Patrick Regan - filed Under Seal (jsol) [Entry date 02/11/02]
12/13/01 37 Copies of Defendant's Motions, Government's Responses and Judge's order entered in the Wen Ho Lee case in support of Motion for Bill of Particulars by Brian Patrick Regan (jcup) [Entry date 12/13/01]
12/13/01 38 ORDER as to Brian Patrick Regan re:CIPA schedule: 1)deft shall provide notice by 1/13/02 and US shall file opp. by 1/18/02. Hearing on such motion shall be set on 1/25/02. 2)CIPA hearing set for 2/1/02. US shall make any request for hearing in camera by 1/28/02 and notice to deft by 1/28/02. 3)US shall provide notice to deft under CIPA Section 10 by 2/15/02. ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/19/01]
12/13/01 -- Deadline updated as to Brian Patrick Regan set Hearing Deadline for (jsol) [Entry date 12/19/01]
12/13/01 -- NOTICE of Hearing as to Brian Patrick Regan :, mhrg set Hearing Deadline for (jsol) [Entry date 12/19/01]
12/13/01 95 ORDER granting [94-1] motion by Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) Copies Mailed: Under Seal (jsol) [Entry date 02/11/02]
12/14/01 -- Motion hearing held as to Brian Patrick Regan re: [26-1] motion by Brian Patrick Regan for a Bill of Particulars, [25-1] motion by Brian Patrick Regan for Discovery and Inspection, [24-1] motion by Brian Patrick Regan for Exculpatory Evidence Motions argued and parties are to confer and submit a proposed Order re: production and inspection of evidence to the Court by 12/21/01. The Court will rule thereafter. before Judge Gerald B. Lee ( Wilson.) USA appeared through: Patricia Haynes. Dft(s) appeared through: Nina Ginsberg/Jonathan Shapiro (jsol) [Entry date 12/17/01]
12/19/01 39 OPPOSITION by USA [30-1] motion by Brian Patrick Regan for Discovery related to Fisa Searches, [28-1] motion by Brian Patrick Regan to Suppress all Evidence derived from Searches or Seizures conducted pursuant to the Foreign Intelligence Surveillance Act (jcup) [Entry date 12/20/01]
12/19/01 40 Declaration and Claim of Privilege of the Attorney General of the United States by USA as to Brian Partick Regan (jcup) [Entry date 12/20/01]
12/19/01 41 NOTICE of Ex Parte and In Camera Submission by USA as to Brian Patrick Regan (jcup) [Entry date 12/20/01]
12/20/01 -- Deadline updated as to Brian Patrick Regan in Re: set CIPA hearing under Sect. #5 for 9:00 1/25/02 for Brian Patrick Regan (clar) [Entry date 12/20/01]
12/21/01 43 ORDER that [36-1] motion by Brian Patrick Regan pursuant to 21 U.S.C. 848(q)(10)(B), for Approval of Expert Compensation for Ray Williamson is granted urt appoints Dr. Williamson as an expert to aid the defense and authorizes compensation in the amount of $3,375. ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/28/01]
12/21/01 44 ORDER for reasons stated, [26-1] motion by Brian Patrick Regan for a Bill of Particulars and In Camera Review of Grand Jury minutes is denied. ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/28/01]
12/21/01 45 ORDER (Standard) as to discovery and inspection re: [25-1] motion for Discovery and Inspection, [23-1] motion for Early Production of Jencks/Rule 26.2 Statements and [21-1] motion for Early Disclosure of Names and Addresses of Government Witnesses ( Signed by Judge Gerald B. Lee ) Copies Mailed: u (jsol) [Entry date 12/28/01]
12/26/01 42 MOTION by Brian Patrick Regan to Appoint Dr. Jeffery Frederick as Defendant's Jury Consultant (ctat) [Entry date 12/27/01]
1/3/02 46 OPPOSITION by USA as to Brian Patrick Regan re [42-1] motion by Brian Patrick Regan to Appoint Dr. Jeffery Frederick as Defendant's Jury Consultant (jcup) [Entry date 01/04/02]
1/4/02 47 CIPA Scheduling Motion and Proposed Order by USA (jcup) [Entry date 01/07/02]
1/7/02 48 MOTION pursuant to 21 U.S.C. 848(q)(10)(B)by Brian Patrick Regan for Appointment of Randy Nichols and Approval of Expert Compensation (jcup) [Entry date 01/07/02]
1/7/02 49 MOTION pursuant to 21 U.S.C. 848(q)(10(B) by Brian Patrick Regan for Approval of Expert Compensation for Alan Shaw (jcup) [Entry date 01/07/02]
1/7/02 55 ORDER as to Brian Patrick Regan setting CIPA hearing for 10:00 2/25/02 (See Order for full detail) ( Signed by Judge Gerald B. Lee ) (jsol) [Entry date 01/16/02]
1/7/02 61 MOTION by Brian Patrick Regan to allow under seal filing- Under Seal (jsol) [Entry date 01/23/02]
1/7/02 62 EX PARTE AFFIDAVIT Re: Appointment of Expert - filed Under Seal (jsol) [Entry date 01/23/02]
1/7/02 63 MOTION by Brian Patrick Regan to allow Under Seal filing Under Seal (jsol) [Entry date 01/23/02]
1/7/02 64 EX PARTE AFFIDAVIT Re: Under Seal Motion - filed Under Seal (jsol) [Entry date 01/23/02]
1/8/02 65 ORDER as to Brian Patrick Regan granting [6-1] motion by Brian Patrick Regan for Apporpriate Relief ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 01/23/02] [Edit date 01/23/02]
1/8/02 66 ORDER as to Brian Patrick Regan granting [63-1] motion to allow Under Seal filing ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 01/23/02]
1/11/02 50 MOTION by Brian Patrick Regan to Compel Discovery (jcup) [Entry date 01/14/02]
1/11/02 51 MOTION by Brian Patrick Regan for Apporpriate Relief (jcup) [Entry date 01/14/02]
1/11/02 52 NOTICE of Hearing Motion Hearing Deadline set for 9:00 1/18/02 for [51-1] motion by Brian Patrick Regan for Apporpriate Relief, set for 9:00 1/18/02 for [50-1] motion by Brian Patrick Regan to Compel Discovery (jcup) [Entry date 01/14/02]
1/14/02 53 CJA 30 as to Brian Patrick Regan : Appointment of Counsel (Jonathan Shapiro) (jcup) [Entry date 01/14/02]
1/14/02 54 CJA 30 as to Brian Patrick Regan : Appointment of Counsel (Nina J. Ginsberg) (jcup) [Entry date 01/14/02]
1/14/02 56 ORDER as to Brian Patrick Regan that [42-1] motion by Brian Patrick Regan to Appoint Dr. Jeffery Frederick as Defendant's Jury Consultant is denied. ( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 01/16/02]
1/14/02 57 ORDER as to Brian Patrick Regan, clarifying that Nina Ginsberg and Jonathan Shapiro are appointed Counsel in this case are are authorized payment at the capital rate of $125 per hour ( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 01/16/02]
1/15/02 59 Memorandum by defendant Brian Patrick Regan [50-1] motion by Brian Patrick Regan to Compel Discovery (jsol) [Entry date 01/18/02]
1/17/02 58 OPPOSITION by USA [50-1] motion by Brian Patrick Regan to Compel Discovery (jcup) [Entry date 01/17/02]
1/18/02 60 MOTION by Brian Patrick Regan for approval of compensation for staff - filed in open court. (jsol) [Entry date 01/22/02]
1/18/02 -- Motion hearing held as to Brian Patrick Regan re: [60-1] motion for approval of compensation for staff, [51-1] motion by Brian Patrick Regan for Apporpriate Relief before Judge Gerald B. Lee ( Thomson.) USA appeared through: Patricia Haymes/Randy Bellows. Dft(s) appeared through: Nina Ginsberg/Jon Shapiro. Argument re: motion #50 & 51 - argued and under advisement. Counsel proposed dates for disclosure - argued. Deft motion for clerical help to be submitted and the Court will rule (Motion filed in open court). Deft motion for jury questionnaire - the Court will consider a joint proposal. US objected - argued w/no ruling. (jsol) [Entry date 01/22/02]
1/18/02 67 ORDER as to Brian Patrick Regan granting [60-1] motion for approval of compensation for staff ( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 01/23/02]
1/18/02 68 ORDER as to Brian Patrick Regan granting [49-1] motion by Brian Patrick Regan for Approval of Expert Compensation for Alan Shaw ( Signed by Judge Gerald B. Lee ) - Under Seal Copies faxed: y (jsol) [Entry date 01/23/02]
1/18/02 69 ORDER as to Brian Patrick Regan granting [48-1] motion by Brian Patrick Regan for Appointment of Randy Nichols and Approval of Expert Compensation Under Seal ( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 01/23/02]
1/24/02 -- Per GBL chambers motions set for 1/25/02 removed (clar) [Entry date 01/24/02]
1/24/02 70 ORDER as to Brian Patrick Regan that [28-1] motion to Suppress all Evidence derived from Searches or Seizures conducted pursuant to the Foreign Intelligence Surveillance Act is denied. ( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 01/25/02]
1/25/02 71 FIRST NOTICE of Intention to Use Classified Information at Trial Pursuant to Title 18 USC APP III Section 5 (CIPA) by Brian Patrick Regan (jsol) [Entry date 01/28/02]
1/28/02 72 ORDER as to Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 01/28/02]
1/29/02 73 MOTION by Brian Patrick Regan for Continuance of Trial Date (jcup) [Entry date 01/30/02]
1/29/02 74 NOTICE of Argument Motion Hearing Deadline set for 9:00 2/4/02 for Brian Patrick for [73-1] motion by Brian Patrick Regan for Continuance of Trial Date (jcup) [Entry date 01/30/02] [Edit date 01/30/02]
1/29/02 80 ORDER as to Brian Patrick Regan - filed Under Seal ( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 02/05/02]
1/31/02 76 ORDER as to Brian Patrick Regan Ex Parte Under Seal ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 02/01/02]
1/31/02 183 Documents filed [UNDERSEAL] as to Brian Patrick Regan (jcup) [Entry date 08/28/02]
1/31/02 184 MOTION by Brian Patrick Regan [FILED UNDERSEAL] (jcup) [Entry date 08/28/02]
1/31/02 185 MOTION by Brian Patrick Regan [FILED UNDERSEAL] (jcup) [Entry date 08/28/02]
2/1/02 75 OPPOSITION by USA re: [73-1] motion by Brian Patrick Regan for Continuance of Trial Date (jcup) [Entry date 02/01/02]
2/1/02 77 RESPONSE by USA to deft [71-1] CIPA Section 5 Notice (jsol) [Entry date 02/05/02]
2/4/02 -- Motion hearing held as to Brian Patrick Regan re: [73-1] motion by Brian Patrick Regan for Continuance of Trial Date before Judge Gerald B. Lee ( Wilson.) USA appeared through: Randy Bellows/Patricia Haynes. Dft(s) appeared through: Nina Ginsberg/Jonathan Shapiro Deft Motion to continue trial - argued and denied. Deft Notice re: Classified info - argued as to item at issue. Some items resplved. At the break the deft waived appearance at the haring an left the courtroom. The remaining items at issue were argued and under advisement. US moved to place Under Seal the attachments to the motion - no opposition by deft - under advisement. US moved for immediate designation of deft experts - argued. The Court asked for some idea of time for disclosure - w/i 7 days by deft for the persons cleared. All items argued are under advisement. (jsol) [Entry date 02/05/02]
2/4/02 83 ORDER as to Brian Patrick Regan that deft motion for approval of expert compensation for Mr. Anderson is granted. The Court appoints Maynard Anderson as an expert to aid the defense and authorizes compensation not to exceed $15,000. The CSO is directed to initiate the background security clearance process. ( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 02/07/02] [Edit date 02/07/02]
2/5/02 78 OBJECTIONS by Brian Patrick Regan to Government's Expert Witness Designations (jcup) [Entry date 02/05/02]
2/5/02 79 MOTION by Brian Patrick Regan for Additional Lawyers and Clerks (jcup) [Entry date 02/05/02]
2/5/02 81 RESPONSE by USA re: [79-1] motion by Brian Patrick Regan for Additional Lawyers and Clerks (jcup) [Entry date 02/06/02]
2/5/02 84 ORDER as to Brian Patrick Regan re: US oral motion for designation of deft expert witnesses by 2/11/02 and the motion is granted re: the 2 witnesses w/clearance by 2/11/02. In conjunction w/2/4/02 Order re: Mr Maynard Anderson, it is further Ordered that deft submit his expert witness disclosures re: Mr. Anderson by 2/18/02. The Court will address disclosure deadlines for additional expert witnesses after they have been ID'd and approved by the Court.( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 02/07/02]
2/5/02 85 ORDER as to Brian Patrick Regan re: US oral motion to file attachments to deft motion to cont. trial date under seal - motion is granted and the Clerk is directed to file said attachments Under Seal( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 02/07/02]
2/5/02 86 ORDER as to Brian Patrick Regan for reasons stated in open court, [73-1] motion for Continuance of Trial Date is denied. ( Signed by Judge Gerald B. Lee ) Copies faced: y (jsol) [Entry date 02/07/02]
2/5/02 87 ORDER as to Brian Patrick Regan granting [79-1] motion for Additional Lawyers and Clerks and Ordered that James C. Clark, Esq. is appointed and will be compensated at $125 per hour for time in/out of court. Ordered that deft motion for appointment of 1 additional law clerk to aid in prep of defense is granted w/compensation of $25 per hour. ( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 02/07/02]
2/6/02 82 MOTION by Brian Patrick Regan for Issuance of Writs of Habeas Corpus Ad Testificandum (jcup) [Entry date 02/06/02]
2/6/02 96 ORDER that Jonathan Shapiro and Nina Ginsberg be permitted to bring personal laptop computers into the courthouse for this case, but not taken into the SCIF, nor any classified materials be placed on the personal computers. ( Signed by Judge Gerald B. Lee ) Copies Faxed: y (jsol) [Entry date 02/12/02]
2/7/02 88 Memorandum of Understanding by Brian Patrick Regan (jcup) [Entry date 02/08/02]
2/7/02 89 ORDER as to Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 02/08/02]
2/7/02 90 ORDER as to Brian Patrick Regan filed Under Seal ( Signed by Judge Gerald B. Lee ) Copies hand delivered: y (jsol) [Entry date 02/08/02]
2/8/02 91 CJA 30 as to Brian Patrick Regan : Appointment of Counsel (James C. Clark) (jcup) [Entry date 02/08/02]
2/8/02 92 RESPONSE by USA to [78-1] Objection to Expert Witness Designations (with Attachment's A-C) (jcup) [Entry date 02/08/02]
2/8/02 97 ORDER as to Brian Patrick Regan that the USMS is directed to removed the deft from Northern Neck Central Regional Jail and relocate to Alex. ADDC. Further Ordered that the USMS is directed to make deft available to deft counsel on a daily basis, 7 days a week until the trial date of 3/4/02 as necessary from 9 AM to 8 PM. ( Signed by Judge Gerald B. Lee ) Copies faxed: y and given to USMS (jsol) [Entry date 02/12/02]
2/8/02 98 ORDER as to Brian Patrick Regan granting [82-1] motion by Brian Patrick Regan for Issuance of Writs of Habeas Corpus Ad Testificandum. Further Ordered that the Clerk issue Writ of HC Ad Testificandum for Harold J. Nicholson and Earl Pitts to be at trial on 3/7/02 @ 9:30 AM. ( Signed by Judge Gerald B. Lee ) Copies faxed : y and c/givento Cr Section for issuance of writ (jsol) [Entry date 02/12/02]
2/11/02 93 MOTION by Brian Patrick Regan for Appointment of Additional Lawyer (jcup) [Entry date 02/11/02] [Edit date 02/11/02]
2/11/02 99 ORDER as to Brian Patrick Regan granting [93-1] motion by Brian Patrick Regan for Appointment of Additional Lawyer and Ordered that Joseph McCarthy is appointed . Ordered that he will be compensaated at $125 per hour for time in/out of court and Ordered that the CSO begin clearance process of Joseph McCarthy, Esq. ( Signed by Judge Leonie M. Brinkema ) Copies faxed: y (copy given to felony clerk for appointment) (jsol) [Entry date 02/13/02]
2/12/02 -- WRIT of Habeas Corpus ad Testificandum issued for Harold J. Nicholson for 03/07/02 at 9:30 a.m. in case as to Brian Patrick Regan (jcup) [Entry date 02/12/02]
2/12/02 -- WRIT of Habeas Corpus ad Testificandum issued for Earl Pitts for 03/07/02 at 9:30 a.m. in case as to Brian Patrick Regan (jcup) [Entry date 02/12/02]
2/13/02 100 CJA 30 as to Brian Patrick Regan : Appointment of Counsel (Joseph McCarthy) (jcup) [Entry date 02/13/02]
2/13/02 -- Cipa Hearing as to Brian Patrick Regan set at 10:00 2/25/02 (jsol) [Entry date 02/13/02]
2/14/02 101 SUPERSEDING INDICTMENT as to Brian Patrick Regan (1) count(s) 1s, 2s, 3s, 4s (jcup) [Entry date 02/15/02]
2/14/02 -- Arraignment set for 9:00 2/15/02 for Brian Patrick Regan (jcup) [Entry date 02/15/02]
2/14/02 -- DISMISSAL of Count(s) on Court or Defendant Motion as to Brian Patrick Regan Counts Dismissed: Brian Patrick Regan (1) count(s) 1 (jcup) [Entry date 02/15/02]
2/15/02 -- Arraignment on Superseding Indictment as to Brian Patrick Regan held before Judge Claude M. Hilton ( Reporter: Linnell) USA appeared through: Randy Bellows Dft(s) appeared w/counsel Nina Ginsberg. Dft WFA, PNG and demanded a jury trial. US and Dft's motion to vacate trial date, motion hearing and filing dates, and CIPA hearing date - Granted, trial date, CIPA hearing date, motion hearing and filing dates are vacated. Case cont'd to 2/25/02 before Judge Lee to set new dates. Dft remanded. (psid) [Entry date 02/15/02]
2/15/02 -- Status conference as to Brian Patrick Regan set at 10:00 2/25/02 for Brian Patrick Regan before Judge Lee (psid) [Entry date 02/15/02] [Edit date 02/15/02]
2/15/02 102 ORDER This matter comes before the Court on the Dft's and the government's oral motion to vacate the trial date of 3/4/02, the filing dates and the motion dates in this action due to the government bringing a superseding indictment. It is hereby Ordered that the trial date of 3/4/02, the filing dates and motion dates in this action are VACATED, and the parties shall contact Judge Gerald Lee on 2/25/02 to schedule a new trial date, filing dates and motions dates. ( Signed by Judge Claude M. Hilton ) Copies Mailed: yes (psid) [Entry date 02/15/02]
2/22/02 103 MOTION by USA as to Brian Patrick Regan for Clarification of Discovery Orders Issued on February 7, 2002 (jcup) [Entry date 02/25/02]
2/25/02 -- Arraignment as to Brian Patrick Regan held before Judge Gerald Bruce Lee on the Superseding Indictment (r: Wilson. Randy Bellows appreared for the US. Nina Ginsberg, James Clark and Joe McCarthy appeareed w/deft. The AUSA informed the Court that they are investigating the merits of seeking th edeath penalty and asked the Court to set a status conference for 4/22/02 @ 10 AM. A propsoed trial date of 5/20/02 w/o death penalty was offered and agreed to by parties. The parties will submit a new Order re: schedule of CIPA hearings. Evidentirary motions will be heard on other than a Friday. Deft remanded. Gerald B. Lee ( Wilson.) USA appeared through: Randy Bellows. Dft(s) appeared through: Nina Ginsburg, James Clark, Jo (jsol) [Entry date 02/25/02]
2/25/02 -- Status conference as to Brian Patrick Regan set at 10:00 4/22/02 (jsol) [Entry date 02/25/02]
2/25/02 -- Jury trial proceedings as to Brian Patrick Regan set at 10:00 5/20/02 (jsol) [Entry date 02/25/02]
2/27/02 104 ORDER as to Brian Patrick Regan that w/agreement of counsel, this case is rescheduled for jury trial on 5/20/02. The court will hold a status conference on 4/22/02 @ 10 AM. The US is directed to file notice of intent to seek the death penalty @/before 4/22/02. If the US does file said notice, the Court will revisit the scheduling of 5/20 02 as the trial date.( Signed by Judge Gerald B. Lee ) Copies faxed: y (jsol) [Entry date 03/01/02]
3/21/02 105 SECOND NOTICE of Intention to Use Classified Information at Trial, Pursuant to Title 18 U.S.C. App.III, Section 5 (Classified Information Procedures Act) by Brian Patrick Regan (jcup) [Entry date 03/21/02]
3/21/02 106 ORDER [FILED EX PARTE AND UNDERSEAL] as to Brian Patrick Regan (Signed by Judge Gerald B. Lee) (jcup) [Entry date 03/25/02]
3/21/02 107 ORDER [FILED UNDERSEAL] as to Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) (jcup) [Entry date 03/25/02]
3/21/02 108 SECOND NOTICE by Brian Patrick Regan of Intention to use Classified Information at Trial pursuant to 18:APP.III, Section 5 (CIPA) (jsol) [Entry date 03/26/02]
3/27/02 109 Memorandum of Understanding signed by Randall Nichols. (jsol) [Entry date 03/27/02]
3/29/02 -- DOCUMENTS - submitted to the Court ex parte by Brian Patrick Regan - placed in the vault. (jsol) [Entry date 04/02/02]
4/2/02 111 ORDER [FILED EX PARTE AND UNDERSEAL] as to Brian Patrick Regan (Signed by Judge Gerald B. Lee) (jcup) [Entry date 04/04/02]
4/4/02 110 Memorandum of Understanding signed by Paul Brooker (jcup) [Entry date 04/04/02]
4/4/02 112 Memorandum [FILED UNDERSEAL] as to Brian Patrick Regan (jcup) [Entry date 04/11/02]
4/4/02 113 Memorandum [FILED UNDERSEAL] as to Brian Patrick Regan (jcup) [Entry date 04/11/02]
4/4/02 114 Memorandum [FILED UNDERSEAL] as to Brian Patrick Regan (jcup) [Entry date 04/11/02]
4/11/02 115 ORDER [FILED UNDERSEAL AND EX PARTE] as to Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) (jcup) [Entry date 04/12/02]
4/19/02 116 NOTICE by USA as to Brian Patrick Regan of Intent to seek a Sentence of Death (jcup) [Entry date 04/22/02]
4/22/02 -- Deadline updated reset Jury Trial for 10:00 6/3/02 for Brian Patrick Regan (agil) [Entry date 04/22/02]
4/22/02 -- CIPA Hearing Deadline as to Brian Patrick Regan set 10:00 5/13/02 (agil) [Entry date 04/23/02]
4/22/02 -- CIPA Hearing Deadline as to Brian Patrick Regan set 10:00 5/20/02 (if necessary) (agil) [Entry date 04/23/02] [Edit date 04/23/02]
4/22/02 -- Status conference as to Brian Patrick Regan held before Judge Gerald B. Lee ( Reporter: R. Wilson) USA appeared through: Randy Bellows, Patricia Haynes, James Gillis. Dft appeared w/counsel Nina Ginsberg, Jonathan Shapiro, Joseph McCarthy, James Clark. Jury trial is scheduled for June 3, 2002. Dft's object to trial date. CIPA hearing to be set for May 13, 2002 and May 20, 2002 (if necessary). Counsel has one week to file proposed jury questionnaire. Dft remanded. (agil) [Entry date 04/23/02]
4/23/02 117 ORDER regarding scheduling issues in this case raised in the status hearing as to Brian Patrick Regan. First, the trial date is set for June 3, 2002. The Court will not sit the week of June 24, 2002, to June 28, 2002. Nor shall the Court sit on July 4, 2002. Second, each party shall submit a separate proposed jury questionnaire to the Court before May 1, 2002. Jury seclection will commence on May 29, 2002 See order for details. ( Signed by Judge Gerald B. Lee ) Copies Mailed: 4.23.02 (agil) [Entry date 04/23/02]
4/23/02 118 ORDER that this matter is before the Court concerning the schedule for filings and proceedings under Classified Information Procedures Act "CIPA" 18 USCA App.III, raised in the status hearing. The dft filed his second notice of intention to use classified information at trial pursuant to CIPA Sec. 5 on 3/21/02. If the Gvt. deems it necessary, the Gvt. shall file a motion for the Court to hold a hearing regarding the classified information to be introduced at trial on or before 3/30/02. The Gvt. shall provide the Dft. w/any notice pursuant to CIPA Sec. 6(b) on or before 4/30/02. The Gvt. shall also provide any memorandum of law concerning the admissibility of classified information on or before 4/30/02. The Dft. shall file any memorandum of law in response before 5/8/02. The purpose of the 5/13/02 hearing is to make all determinations concerning the use, or admissibility of classified information that would otherwise be made during trial. If necessary, the COurt shall hold a second hearing on 5/20/02, to address any substitutions offered by the Gvt. under CIPA sec. 6(c) to items of classified information the Court deems admissible. The Gvt. shall provide the substitutions on or before 5/16/02. See order for details. ( Signed by Judge Gerald B. Lee ) Copies Mailed: 4.23.02 (agil) [Entry date 04/23/02]
4/23/02 119 ORDER that Dft's motion for approval of defense expert compensation for Cynthia Ayers is GRANTED. The Court APPOINTS Ms. Ayers as an expert to aid the defense. The Court AUTHORIZES Dft's request for compensation in the amount of $17,000.00 pending approval to exceed the $7,500 statutory limit set forth in 21 USC 848(q)(10)(B). Any further compensation shall only be permitted by order fo the Court. ( Signed by Judge Gerald B. Lee ) Copies Mailed: 4.23.02 (agil) [Entry date 04/23/02]
4/23/02 120 MOTION by Brian Patrick Regan to Reconsider Trial Date (jcup) [Entry date 04/23/02]
4/23/02 127 Memorandum [FILED UNDERSEAL] as to Brian Patrick Regan (jcup) [Entry date 05/02/02]
4/24/02 121 RESPONSE by USA re [120-1] motion by Brian Patrick Regan to Reconsider Trial Date (jcup) [Entry date 04/24/02]
4/25/02 122 MOTION by Brian Patrick Regan for Disclosure of Certain Material Relevant to Sentencing and to Defendant's Pre-Trial Motion to Dismiss the Death Notice (w/exhibit's A-F) (jcup) [Entry date 04/25/02] [Edit date 04/25/02]
4/25/02 123 OBJECTION by Brian Patrick Regan to [117-1] Court's Order concerning Juror Questionnaire; Suggestions for Jury Selection Procedure; and Renewed Request for Appointment of Jury Selection Expert (jcup) [Entry date 04/25/02]
4/25/02 124 MOTION by Brian Patrick Regan for Counsel-Conducted Voir Dire (jcup) [Entry date 04/25/02]
4/25/02 125 MEMORANDUM ORDER granting [120-1] motion by Brian Patrick Regan to Reconsider Trial Date as to Brian Patrick Regan (1). It is further ORDERED that the June 3, 2002, trial date in this case is VACATED and the CIPA scheduled set forth in the April 23, 2002, Order is VACATED as well. The parties are DIRECTED to submit a joint proposed CIPA Schecule on or before May 1, 2002. The Court will hold a status hearing in this matter on May 3, 2002. Finally, the May 1, 2002, deadline for the parties proposed jury questionnaires is continued to a date to be determined at the May 3, 2002, status hearing. See Order for Details ( Signed by Judge Gerald B. Lee ) Copies Mailed: yes (jcup) [Entry date 04/25/02]
4/25/02 -- Status Hearing set at 9:00 5/3/02 for Brian Patrick Regan (jcup) [Entry date 04/25/02]
5/1/02 126 CIPA SCHEDULING MOTION AND PROPOSED ORDER by USA as to Brian Patrick Regan (jcup) [Entry date 05/02/02]
5/3/02 128 ORDER as to Brian Patrick Regan granting [126-1] motion by USA re: CIPA schedule - hearing (if necessary) is set for 10/21/02 (CIPA Section 5). Hearing, if necessary, re: Section 6 is set for 11/18/02. (See Order for further detail) ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 05/03/02]
5/3/02 -- Cipa Hearing as to Brian Patrick Regan set at 10:00 10/21/02 (Section 5) - per Order of 5/3/02 (jsol) [Entry date 05/03/02]
5/3/02 -- Cipa Hearing as to Brian Patrick Regan set for 11/18/02 @ 10 AM (Section 6) per Order of 5/3/02 (jsol) [Entry date 05/03/02]
5/3/02 -- Jury trial proceedings as to Brian Patrick Regan set at 10:00 1/13/03 (jsol) [Entry date 05/03/02]
5/3/02 -- Status conference as to Brian Patrick Regan held before Judge Gerald B. Lee ( Wilson.) USA appeared through: Randy Bellows/Patricia Haynes. Dft(s) appeared through: Nina Ginsberg, Jon Shapiro, Joe McCarthy and James Clark. Trial is set for 1/13/03 w/jury. CIPA hearing schedule accepted as proposed. Schedule re: death penalty litigation will be submitted. Parties are to contact chambers re: available dates. Order to enter as submitted. (jsol) [Entry date 05/06/02]
5/3/02 -- Hearing Deadline as to Brian Patrick Regan set 10:00 11/18/02 for CIPA Section 6 hearing. (jsol) [Entry date 05/07/02]
5/6/02 129 SCHEDULING MOTION AND PROPOSED ORDER by USA as to Brian Patrick Regan (jcup) [Entry date 05/06/02]
5/6/02 130 ORDER granting [129-1] Scheduling Motion by USA as to Brian Patrick Regan. The defendant shall file all motions concerning the United States' Notice of Intention to Seek Penalty of Death, and any discovery motions, by June 14th, 2002. The United States shall file any response by July 19th, 2002. The defendant shall file any response to the government's filings by August 2nd, 2002. A hearing on the defendant's motions shall be held on August 9th, 2002 at 9:00 a.m. The United States and the defendant shall file any further expert designations pursuant to Rule 16,Fed.R. Crim.P., on October 18th, 2002. Additional notices, if any, shall be filed by the United States and the defendant on November 22nd, 2002. (Signed by Judge Gerald B. Lee) Copies Mailed: yes (jcup) [Entry date 05/07/02]
5/6/02 -- Motions Hearing Deadline as to Brian Patrick Regan set 9:00 8/9/02 (jcup) [Entry date 05/07/02]
5/21/02 131 MOTION for Approval of Access to Classified Information by Potential Psychiatric Expert by Brian Patrick Regan (jcup) [Entry date 05/21/02]
6/3/02 132 ORDER granting [131-1] motion for Approval of Access to Classified Information by Potential Psychiatric Expert by Brian Patrick Regan (1). Dr. Charney is APPROVED access to classified information in this case subject to fulfilling the requirements necessary for the appropriate clearance. See Order for Details (Signed by Judge Gerald B. Lee ) Copies Mailed: Faxed (jcup) [Entry date 06/05/02]
6/14/02 133 MOTION by Brian Patrick Regan to Strike Death Penalty Provisions of the Superceding Indictment as Violative of the Eight Amendment Prohibition Against Cruel and Unusual Punishment (ctat) [Entry date 06/14/02]
6/14/02 134 MEMORANDUM by Brian Patrick Regan in support of [133-1] motion by Brian Patrick Regan to Strike Death Penalty Provisions of the Superceding Indictment as Violative of the Eight Amendment Prohibition Against Cruel and Unusual Punishment (ctat) [Entry date 06/14/02]
6/14/02 135 MOTION by Brian Patrick Regan to Strike [116-1] notice by USA as to Brian Patrick Regan of Intent to seek Death because Seeking Death here is Arbitrary and Irrational, thus Violating Eight Amendment Death Penalty Jurisprudence (ctat) [Entry date 06/14/02]
6/14/02 136 MOTION by Brian Patrick Regan to Dismiss Count One and Count Two on the Grounds 18 USC 794(a) is Unconstitutionally Vague (ctat) [Entry date 06/14/02]
6/14/02 137 Omnibus MOTIONS by Brian Patrick Regan Concerning the Federal Death Penalty Act of 1994, 18 USC 3591 et seq. and the Government's Notice of Intent to Seek a Sentence of Death (ctat) [Entry date 06/14/02]
6/14/02 138 MOTION as to Brian Patrick Regan to Compel Discovery (jsol) [Entry date 07/01/02]
7/10/02 139 SUPPLEMENTAL MOTION by Brian Patrick Regan to Compel Discovery (jcup) [Entry date 07/11/02]
7/10/02 141 Memorandum [FILED UNDERSEAL] as to Brian Patrick Regan (jcup) [Entry date 07/19/02]
7/16/02 140 SUPPLEMENTAL MEMORANDUM by Brian Patrick Regan in support of [136-1] motion by Brian Patrick Regan to Dismiss Count One and Two on the Grounds 18 USC 794(a) is Unconstitutionally Vague, [135-1] motion by Brian Patrick Regan to Strike [116-1] notice by USA as to Brian Patrick Regan of Intent seek Death because Seeking Death here is Arbitrary and Irrational, thus Violating Eight Amendment Death Penalty Jurisprudence (jcup) [Entry date 07/16/02]
7/19/02 142 Opposition by USA as to Brian Patrick Regan [135-1] motion by Brian Patrick Regan to Strike [116-1] notice by USA as to Brian Patrick Regan of Intent to seek Death because Seeking Death here is Arbitrary and Irrational, thus Violating Eight Amendment Death Penalty Jurisprudence (jcup) [Entry date 07/19/02]
7/19/02 143 Opposition by USA as to Brian Patrick Regan [133-1] motion by Brian Patrick Regan to Strike Death Penalty Provisions of the Superceding Indictment as Violative of the Eight Amendment Prohibition Against Cruel and Unusual Punishment (jcup) [Entry date 07/19/02]
7/19/02 144 Opposition by USA as to Brian Patrick Regan [136-1] motion by Brian Patrick Regan to Dismiss Count One and Count Two on the Grounds 18 USC 794(a) is Unconstitutionally Vague (jcup) [Entry date 07/19/02]
7/19/02 145 RESPONSE by USA as to Brian Patrick Regan in opposition to [137-1] motion by Brian Patrick Regan Concerning the Federal Death Penalty Act of 1994, 18 USC 3591 et seq. and the Government's Notice of Intent to Seek a Sentence of Death (kwel) [Entry date 07/19/02]
7/19/02 146 NOTICE of Ex Parte CIPA Section 4 Filing by USA as to Brian Patrick Regan (kwel) [Entry date 07/19/02]
7/19/02 147 RESPONSE by USA as to Brian Patrick Regan in opposition to [139-1] Supplemental Motion by Brian Patrick Regan to Compel Discovery (kwel) [Entry date 07/19/02] [Edit date 07/31/02]
7/19/02 148 NOTICE of Ex Parte ,In Camera Classified Attatchment Related To Paragraph Nine Of The Goverment's Response To Defendant's Motion To Compel Discovery by USA as to Brian Patrick Regan (kwel) [Entry date 07/19/02]
7/19/02 149 NOTICE of Classified Attachment by USA as to Brian Patrick Regan (kwel) [Entry date 07/19/02]
7/19/02 150 MOTION by USA as to Brian Patrick Regan To Permit Ex Parte And In Camera Filing Of Classified Attachment Relating To Paragraph Nine Of Goverment's Discovery Response (kwel) [Entry date 07/19/02]
7/19/02 151 MOTION by USA as to Brian Patrick Regan To Permit Ex Parte And In Camera Filing Of Classified Pleading Concerning Paragraph 5 Of The Goverment's Response To Defendant's Motion To Compel Discovery (kwel) [Entry date 07/19/02]
7/19/02 152 MOTION by USA as to Brian Patrick Regan To File Its Response To Defendant's Motion To Compel Discovery Under Seal (kwel) [Entry date 07/19/02]
7/19/02 153 SEALED DOCUMENT by USA as to Brian Patrick Regan (kwel) [Entry date 07/19/02]
7/19/02 -- So Ordered: granting [152-1] motion To File Its Response To Defendant's Motion To Compel Discovery Under Seal as to Brian Patrick Regan (1) ( Signed by Judge Gerald B. Lee ) Copies Mailed: yes (jcup) [Entry date 07/22/02]
7/19/02 154 Ex Parte CIPA Section 4 Filing filed by USA [FILED EX PARTE, UNDERSEAL] (jcup) [Entry date 07/22/02]
7/19/02 155 Classified Attachment [FILED EX PARTE, UNDERSEAL] filed by USA to [147-1] Response by USA to Defendant's Motion to Compel Discovery (jcup) [Entry date 07/22/02]
7/19/02 156 Classified Attachment [FILED EX PARTE, UNDERSEAL] filed by USA to Government's Response to Paragraph Nine of Defendant's Motion to Compel Discovery (jcup) [Entry date 07/22/02]
7/24/02 157 SUPERSEDING INDICTMENT as to Brian Patrick Regan (1) count(s) 1ss, 2ss, 3ss, 4ss (jcup) [Entry date 07/25/02]
7/24/02 -- Arraignment set for 9:00 8/9/02 for Brian Patrick Regan before Judge Lee (jcup) [Entry date 07/25/02]
7/24/02 -- DISMISSAL of Count(s) on Government Motion as to Brian Patrick Regan Counts Dismissed: Brian Patrick Regan (1) count(s) 1s, 2s, 3s, 4s (jcup) [Entry date 07/25/02]
7/25/02 158 Opposition by USA as to Brian Patrick Regan [140-1] Supplemental Memorandum in Support of Motion to Dismiss Notice of Intent to Seek Penalty of Death (jcup) [Entry date 07/25/02]
7/31/02 159 REPLY by Brian Patrick Regan to US Opposition to deft Motion to compel discovery (jsol) [Entry date 07/31/02]
7/31/02 160 MOTION by Brian Patrick Regan by Brian Patrick Regan for Disclosure of Certain Material Relevant to Sentencing and to Deft's Pre-Trial Motion to Dismiss the Death Notice(filed in 2 large clips) (jsol) [Entry date 07/31/02]
7/31/02 161 NOTICE of by Brian Patrick Regan, USA for argument on 8/8/02 @ 10 AM re: Motion for Disclosure of Certain Relevant Meterial to Sentencing etc. (jsol) [Entry date 07/31/02]
7/31/02 -- Motion hearing as to Brian Patrick Regan [160-1] motion by Brian Patrick Regan for Disclosure of Certain Material Relevant to Sentencing and to Deft's Pre-Trial Motion to Dismiss the Death Notice set at 10:00 8/8/02 (jsol) [Entry date 07/31/02]
8/2/02 162 Amended NOTICE by USA as to Brian Patrick Regan by USA of Intent to Seek a Sentence of Death (ctat) [Entry date 08/05/02]
8/2/02 163 Reply by Brian Patrick Regan to [158-1] Government's Opposition to Supplemental Memorandum in Support of Motion to Dismiss Notice of Intent to Seek Penalty of Death (ctat) [Entry date 08/05/02]
8/2/02 164 Reply by Brian Patrick Regan to [147-1] Opposition by USA to Supplemental Motion to Compel Discovery (ctat) [Entry date 08/05/02]
8/2/02 165 MOTION by Brian Patrick Regan to Strike Death Notice Because of Unconstitutionality of the Federal Death Penalty Act (ctat) [Entry date 08/05/02]
8/2/02 166 Reply by Brian Patrick Regan to [143-1] Government's Opposition to Motion to Stike Death Penalty Provisions of the Superceding Indictment as Violative of the Eight Amendment Prohibition Against Cruel and Unusual Punishment (ctat) [Entry date 08/05/02]
8/2/02 167 RESPONSE by Brian Patrick Regan to the Government's [144-1] Opposition to Defendant's Motion to Dismiss the Statutory Aggravators Set Forth in the Notice of Intent to Seek a Sentence of Death Filed by the United States (Government's Argument IVA) (ctat) [Entry date 08/05/02]
8/5/02 168 MOTION of the New York Times Company and Eric Schmitt as to Brian Patrick Regan to Quash Subpoena, and/or for Protective Order (ctat) [Entry date 08/05/02]
8/5/02 169 MEMORANDUM of Law in support of [168-1] motion of the New York Times Company and Eric Schmitt to Quash Subpoena, and/or [168-2] for Protective Order (ctat) [Entry date 08/05/02]
8/5/02 170 NOTICE of Hearing as to Brian Patrick Regan :, Motion Hearing Deadline set for 10:00 8/8/02 for Brian Patrick Regan for [168-1] motion to Quash Subpoena, set for 10:00 8/8/02 for Brian Patrick Regan for [168-2] motion for Protective Order (ctat) [Entry date 08/05/02]
8/5/02 171 MOTION as to Brian Patrick Regan by USA to Permit Ex Parte and In Camera Filing of Classified Attachment Relating to Paragraph Ten of Government's Discovery Response (ctat) [Entry date 08/05/02]
8/5/02 172 NOTICE as to Brian Patrick Regan by USA of Classified Ex Parte, In Camera Filing (ctat) [Entry date 08/05/02]
8/5/02 177 ORDER as to Brian Patrick Regan, for Floyd Abrams and Joel Kurtzberg to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100-157054 ( Signed by Judge Gerald B. Lee ) Copies yes (jcup) [Entry date 08/13/02] [Edit date 08/14/02]
8/6/02 173 MOTION as to Brian Patrick Regan by USA - filed UNDERSEAL (ctat) [Entry date 08/06/02]
8/7/02 174 Opposition as to Brian Patrick Regan to [160-1] motion by Brian Patrick Regan for Disclosure of Certain Material Relevant to Sentencing and to Deft's Pre-Trial Motion to Dismiss the Death Notice (ctat) [Entry date 08/07/02]
8/7/02 175 Defendant's Opposition to [168-1] motion to Quash Subpoena and/or for a protective order (pmet) [Entry date 08/07/02]
8/8/02 176 MOTION for Floyd Abram and Joel Kurtzberg to appear pro hac vice on Behalf of the New York Times Company and Eric Schmitt (ctat) [Entry date 08/08/02]
8/8/02 -- Motion hearing held before Judge Gerald B. Lee (r: R. Wilson) as to Brian Patrick Regan re: [176-1] motion for Floyd Abram and Joel Kurtzberg to appear pro hac vice on Behalf of the New York Times Company and Eric Schmitt - granted; [168-1] motion to Quash Subpoena - argued - granted; [139-1] motion Brian Patrick Regan to Compel Discovery - argued - denied; deft's supplemental motion to dismiss notice of intent to seek death penalty, and [137-1] omnibus motion by Brian Patrick Regan Concerning the Federal Death Penalty Act -argued - will issue opinion; [133-1] motion by Brian Patrick Regan to strike death penalty provisions of the superceding indictment as violative of the Eighth Amendment Prohibition Against Cruel and Unusual Punishment - argued - will issue opinion; [135-1] motion by Brian Patrick Regan to strike notice by USA to seek death because seeking death here is arbitrary and irrational, violating Eighth Amendment death penalty jurisprudence - argued & denied - will supplement w/opinion; deft's motion for disclosure of certain materials relevant to sentencing and to deft's pre-trial motion to dismiss the death notice - argued & denied - will supplement w/opinion; [136-1] motion by Brian Patrick Regan to Dismiss Count One and Count Two on the Grounds 18 USC 794(a) is Unconstitutionally Vague - argued - denied. USA appeared through: Randy Bellows/Patricia Haynes/Jim Gillis. Dft appeared with: Nina Ginsberg/Jonathan Shapiro/Joseph McCarthy. Deft remanded. (dper) [Entry date 08/09/02]
8/8/02 -- Arraignment on Superceding Indictment as to Brian Patrick Regan held before Judge Gerald B. Lee (r: R. Wilson) USA appeared through: Randy Bellows/Patricia Haynes/Jim Gillis. Dft appeared with: Nina Ginsberg/Jonathan Shapiro/Joseph McCarthy. Deft WFA, PNG and demanded a jury trial. Jury trial date of 01/13/03 @ 10:00 a.m. remains the same as previously set. Deft remanded. (dper) [Entry date 08/09/02]
8/20/02 178 ORDER denying [165-1] motion by Brian Patrick Regan to Strike Death Notice Because of Unconstitutionality of the Federal Death Penalty Act as to Brian Patrick Regan (1) ( Signed by Judge Gerald B. Lee ) Copies Mailed: Faxed (jcup) [Entry date 08/20/02]
8/20/02 179 ORDER denying [139-1] Supplemental Motion by Brian Patrick Regan to Compel Discovery as to Brian Patrick Regan (1) ( Signed by Judge Gerald B. Lee ) Copies Mailed: Faxed (jcup) [Entry date 08/20/02]
8/20/02 180 ORDER granting [168-1] motion to Quash Subpoena as to Brian Patrick Regan (1). See Order for Details ( Signed by Judge Gerald B. Lee ) Copies Mailed: Faxed (jcup) [Entry date 08/20/02]
8/20/02 181 EX PARTE MOTION by Brian Patrick Regan FILED UNDERSEAL (jcup) [Entry date 08/21/02]
8/20/02 182 ORDER [FILED UNDERSEAL] granting [181-1] motion FILED UNDERSEAL as to Brian Patrick Regan (1) ( Signed by Judge Gerald B. Lee ) Copies Mailed: yes (jcup) [Entry date 08/21/02]
9/6/02 192 ORDER as to Brian Patrick Regan granting in part, denying in part [50-1] motion by Brian Patrick Regan to Compel Discovery ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 10/07/02]
9/9/02 186 MEMORENDUM ORDER as to Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) UNDER SEAL Copies Mailed: y (jsol) [Entry date 09/09/02]
9/10/02 187 MEMORANDUM ORDER as to Brian Patrick Regan that for reasons stated, [136-1] motion by Brian Patrick Regan to Dismiss Count One and Count Two on the Grounds 18 USC 794(a) is Unconstitutionally Vague is denied. ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 09/11/02]
9/10/02 188 MEMORANDUM ORDER as to Brian Patrick Regan that [160-1] motion by Brian Patrick Regan for Disclosure of Certain Material Relevant to Sentencing and to Deft's Pre-Trial Motion to Dismiss the Death Notice is denied. ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 09/11/02]
9/10/02 189 MEMORANDUM ORDER as to Brian Patrick Regan [135-1] motion by Brian Patrick Regan to Strike [116-1] notice by USA of Intent to seek Death because Seeking Death here is Arbitrary and Irrational, thus Violating Eight Amendment Death Penalty Jurisprudence is denied ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 09/11/02]
9/18/02 191 MEMORANDUM OPINION as to Brian Patrick Regan that deft's motion to dismiss US notice to seek the death penalty is denied. An appropirate order will issue. ( Signed by Judge Gerald B. Lee ) (jsol) [Entry date 09/20/02]
9/19/02 190 MOTION by USA as to Brian Patrick Regan for an Extension of Time in which to Respond to the Court's September 9, 2002 Memorandum Order (jcup) [Entry date 09/20/02]
10/2/02 193 THIRD NOTICE of Intention to Use Classified Infor at Trial Purusant to Title 18, USC APP III Section 5 (CIPA) by Brian Patrick Regan (jsol) [Entry date 10/07/02]
10/4/02 194 MOTION by Brian Patrick Regan for discovery relevant to US Shipments of Biological Pathogens to Iraq (jsol) [Entry date 10/07/02]
10/9/02 195 NOTICE by USA as to Brian Patrick Regan Pursuant to CIPA Section 10 (jsol) [Entry date 10/09/02] [Edit date 10/16/02]
10/16/02 196 RESPONSE by USA [193-1] CIPA Section 5 notice as to Brian Patrick Regan (jsol) [Entry date 10/16/02]
10/16/02 -- CIPA Hearing as to Brian Patrick Regan set at 10:00 10/22/02 before Judge Gerald B. Lee - cont from 10/21/02 per e-mail from chambers. (jsol) [Entry date 10/16/02]
10/16/02 197 EMERGENCY MOTION by USA as to Brian Patrick Regan Regarding Documents Found at Jail (jcup) [Entry date 10/17/02]
10/16/02 198 Declaration filed [UNDERSEAL] by USA as to Brian Patrick Regan (jcup) [Entry date 10/17/02]
10/16/02 199 MOTION by Brian Patrick Regan for Expanded Courthouse Access to Deft (jsol) [Entry date 10/17/02]
10/16/02 200 NOTICE of Hearing as to Brian Patrick Regan : hearing on Motion for expanded Courthouse Access to deft set for 10/22/02 @ 10 AM (jsol) [Entry date 10/17/02]
10/16/02 -- Hearing Deadline as to Brian Patrick Regan set 10:00 10/22/02 before Judge Gerald B. Lee for deft Motion for Expanded Courthouse Access to Deft. (jsol) [Entry date 10/17/02]
10/16/02 201 THIRD MOTION by Brian Patrick Regan to Compel Discovery - filed Under Seal (jsol) [Entry date 10/17/02]
10/16/02 202 NOTICE of Hearing as to Brian Patrick Regan :, for Hearing on deft Third Motion to Compel Discovery (jsol) [Entry date 10/17/02]
10/16/02 -- Hearing Deadline as to Brian Patrick Regan set 10:00 10/22/02 before Judge Gerald B. Lee on deft Third Motion to Compel Discovery (jsol) [Entry date 10/17/02]
10/16/02 206 ORDER as to Brian Patrick Regan that defense counsel will file written response to the US motion w/2 courtesy copies to chamber by 2 Pm 10/17/02.and that the Court will conduct an evidentiary re: documents found at the jail on 10/18/02 @ 11 AM. ( Signed by Judge Gerald B. Lee ) Copies Faxed: y (jsol) [Entry date 10/18/02]
10/17/02 -- Motion hearing as to Brian Patrick Regan [197-1] motion by USA as to Brian Patrick Regan Regarding Documents Found at Jail set at 11:00 10/18/02 before Judge Gerald B. Lee (jsol) [Entry date 10/17/02]
10/17/02 203 RESPONSE by Brian Patrick Regan to [197-1] motion by USA Regarding Documents Found at Jail (UNDER SEAL) (jsol) [Entry date 10/17/02] [Edit date 10/17/02]
10/17/02 204 MOTION by USA as to Brian Patrick Regan [FILED UNDERSEAL] (jcup) [Entry date 10/18/02]
10/17/02 205 MOTION by USA as to Brian Patrick Regan by USA to Seal [0-0] Hearing set for 10/18/02 at 11:00 a.m. on Emergency Motion Regarding Documents Found at Jail (jcup) [Entry date 10/18/02]
10/18/02 -- Motion hearing held as to Brian Patrick Regan re: [197-1] motion by USA as to Brian Patrick Regan Regarding Documents Found at Jail before Judge Gerald B. Lee ( Wilson.) USA appeared through: Ptricia Hynes/Stephen Gillis. Dft(s) appeared through: Jon Shapiro, Joe McCarthy, Jim Clark. US motion to seal - granted - Order ent and filed. Positions stated. Testimony from Deputy Kimble. Further argument. Ruling - no decision re: admissibility. US can interview. Transcript to be sealed. Deft remanded. Order to enter. (jsol) [Entry date 10/21/02]
10/18/02 207 ORDER that [205-1] motion by USA to Seal [0-0] Hearing set for 10/18/02 at 11:00 a.m. on Emergency Motion Regarding Documents Found at Jail as to Brian Patrick Regan (1) is granted and the Emergency Motion for hearing and motion to seal are sealed until further Order of the Court.( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 10/21/02]
10/21/02 208 MEMORANDUM by USA (Consolidated) in opposition to Defense Motions for Discovery. - filed UNDER SEAL (jsol) [Entry date 10/21/02]
10/22/02 -- CIPA Hearing as to Brian Patrick Regan held ( Wilson.) USA appeared through: Patricia Haynes/Stephen Doylle/James Gillis. Dft(s) appeared through: Nina Ginsberg/Jonathan Shapiro/Joe McCarthy. before Judge Gerald B. Lee All positions stated and argued. Deft third notice of intent - argued . Deft to refine and particularize. Deft motion to compel argued. Deft second notice of intent argued and granted in part. Deft motion for expanded courthouse access -argued and denied but encouraged to meet and work w/USMS. Written ruling to follow. Deft ramanded. (jsol) [Entry date 10/23/02]
10/24/02 209 SUPPLEMENTAL RESPONSE by USA to [193-1] Third Notice of CIPA Section 5 by Brian Patrick Regan (jcup) [Entry date 10/24/02]
10/25/02 213 MEMORANDUM OPINION as to Brian Patrick Regan that w/exception of the delition necessary to avoid invalid duplication in the aggravating factors, deft's omnibus motions re: FDPA are denied.( Signed by Judge Gerald B. Lee ) (jsol) [Entry date 10/30/02]
10/28/02 210 MOTION by Brian Patrick Regan filed Ex Parte and UNDER SEAL (jsol) [Entry date 10/29/02]
10/28/02 211 ORDER as to Brian Patrick Regan, Sealing [210-1] motion filed Ex Parte and UNDER SEAL by Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 10/29/02]
10/29/02 212 RESPONSE by Brian Patrick Regan to [209-1] Supplemental Response by USA to Brian Patrick Regan's Section 5 CIPA Notice (jcup) [Entry date 10/29/02] [Edit date 10/29/02]
10/30/02 214 EX PARTE EMERGENCY MOTION by USA as to Brian Patrick Regan [FILED UNDERSEAL (jcup) [Entry date 10/30/02]
10/30/02 215 MOTION by USA to Seal [214-1] EX PARTE EMERGENCY MOTION [FILED UNDERSEAL] (jcup) [Entry date 10/30/02]
10/30/02 -- Motion hearing held as to Brian Patrick Regan re: [214-1] motion [FILED UNDERSEAL before Judge Gerald B. Lee ( Wilson.) USA appeared through: Patricia Haynes/Jim Doyle/Steven Gillis. Dft(s) appeared through: Jonathan Shapiro. Motion is sealed. Positions stated and argued. The Court rules that the US has 72 hours to review the documents. Thereafter, the docs are available for review by deft counsel - all under seal. Order to issue. (jsol) [Entry date 10/30/02]
10/31/02 216 MOTION and incorporated Memorandum by USA as to Brian Patrick Regan Regarding Mental Health Evidence (jcup) [Entry date 10/31/02]
10/31/02 217 NOTICE of Hearing Motion Hearing Deadline before Judge Gerald B. Lee set for 9:00 11/8/02 for Brian Patrick Regan for [216-1] motion by USA to Brian Patrick Regan Regarding Mental Health Evidence (jcup) [Entry date 10/31/02]
10/31/02 218 EX PARTE MOTION by Brian Patrick Regan [FILED UNDERSEAL] (jcup) [Entry date 10/31/02]
10/31/02 219 MOTION by USA as to Brian Patrick Regan FILED UNDERSEAL (jcup) [Entry date 10/31/02]
10/31/02 220 ORDER as to Brian Patrick Regan that Jonathan Shapiro, counsel for deft be permitted to travel at US expense for meeting w/Harold Nicholson, prisoner at FCI Sheridan, OR. Further Ordered counsel for deft may not share any classified information w/Mr Nicholson but he may ask questions of Mr Nicholson which bear on Mr Regan's case. ( Signed by Judge Gerald B. Lee ) Copies Mailed: y and given to financial (jsol) [Entry date 10/31/02]
11/1/02 221 MOTION by USA as to Brian Patrick Regan FILED UNDERSEAL (jcup) [Entry date 11/01/02]
11/5/02 222 TRANSCRIPT filed in case as to Brian Patrick Regan for dates of 08.08.02 before Judge Lee (jcup) [Entry date 11/05/02]
11/6/02 229 Memorandum [FILED UNDERSEAL] as to Brian Patrick Regan (jcup) [Entry date 11/26/02]
11/8/02 223 CIPA Section Six Notice filed by USA as to Brian Patrick Regan (jcup) [Entry date 11/08/02]
11/15/02 224 NOTICE of by Brian Patrick Regan for expert testimony (jcup) [Entry date 11/15/02]
11/18/02 -- CIPA Hearing as to Brian Patrick Regan held before Judge Gerald Bruce Lee. ( Wilson.) USA appeared through: Patricia Haynes, James Gillis, Steven Doyle. Dft(s) appeared through: Nina Ginsberg, Jon Shapiro, Jim Clark and Joe McCarthy. Positions stated. US objections argued in turn - sustained in part and overruled in part. Court adjourned, deft remanded. (jsol) [Entry date 11/20/02]
11/18/02 -- CIPA Hearing as to Brian Patrick Regan set 10:00 11/27/02 before Judge Gerald B. Lee re: letter of 11/7/02 (jsol) [Entry date 11/20/02]
11/18/02 230 ORDER [FILED UNDERSEAL] as to Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) Copies Mailed: yes (jcup) [Entry date 11/26/02]
11/19/02 225 Stipulation filed by USA (jcup) [Entry date 11/19/02]
11/19/02 -- CIPA Hearing as to Brian Patrick Regan held ( Wilson.) USA appeared through: as previous. Dft(s) appeared through: as previous. before Judge Gerald B. Lee Hearing cont. Positions argued and sustained in part, overruled in part. Adjourned. Deft remanded. (jsol) [Entry date 11/20/02]
11/19/02 226 Protective Order ent in open court and filed UNDER SEAL ( signed by Judge Gerald B. Lee ) Copies Mailed y (jsol) [Entry date 11/20/02]
11/20/02 227 RESPONSE by Brian Patrick Regan [FILED UNDERSEAL] (jcup) [Entry date 11/20/02]
11/22/02 228 Proposed Jury Questionnaire by Brian Patrick Regan (jcup) [Entry date 11/22/02]
11/27/02 -- CIPA Hearing as to Brian Patrick Regan held ( Wilson.) USA appeared through: Patricia Haynes/James Gillis. Dft(s) appeared through: Joe McCarthy/Jim Clark. before Judge Gerald B. Lee Position stated. Objections argued and resloved in part, sustained in part and overruled in part. US Motion re: search of Courthouse computer media - argued. Evidence adduced w/1 witness called by the US - Ms Katherine Springstead w/1 set of documents submitted to the Court for review. Argument. Under advisement. (jsol) [Entry date 11/29/02]
12/4/02 231 ORDER as to Brian Patrick Regan UNDER SEAL ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/04/02]
12/13/02 232 ORDER as to Brian Patrick Regan that the US shall file motion pursuant to CIPA Section 6(c) by 12/26/02. Deft shall file response by 12/31/02. Ahearing on the CIPA motion is set for 1/2/03. ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/16/02]
12/13/02 -- CIPA Hearing as to Brian Patrick Regan set 10:00 1/2/03 before Judge Gerald B. Lee (jsol) [Entry date 12/16/02]
12/13/02 233 ORDER sua sponte, as to Brian Patrick Regan that the parties contact chambers w/instructions for electronic mail delivery of the jury questionnaire. Further Ordered that any questions/instructions in the jury questionnaire are due to the Court by 12/19/02.( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/16/02]
12/16/02 234 ORDER as to Brian Patrick Regan Filed UNDER SEAL( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/16/02]
12/17/02 238 MEMORANDUM OPINION as to Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) (UNDER SEAL) (jsol) [Entry date 12/19/02]
12/17/02 239 ORDER as to Brian Patrick Regan in accordance w/Memo Opinion ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (UNDER SEAL) (jsol) [Entry date 12/19/02]
12/17/02 243 ORDER as to Brian Patrick Regan granting [221-1] motion FILED UNDERSEAL ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/23/02]
12/19/02 235 RESPONSE by Brian Patrick Regan to [216-1] motion by USA as to Brian Patrick Regan Regarding Mental Health Evidence (jcup) [Entry date 12/19/02]
12/19/02 236 Additional Input into the Court's Proposed Jury Questionnaire filed Brian Patrick Regan (jcup) [Entry date 12/19/02]
12/19/02 237 Proposed Jury Questionnaire by USA as to Brian Patrick Regan (jcup) [Entry date 12/19/02]
12/19/02 240 REPORT of Mag Judge Thomas Rawles Jones filed UNDER SEAL (jsol) [Entry date 12/19/02]
12/19/02 241 MEMORANDUM ORDER as to Brian Patrick Regan ( Signed by Judge Gerald B. Lee ) Copies Mailed: y UNDER SEAL (jsol) [Entry date 12/19/02]
12/19/02 244 ORDER as to Brian Patrick Regan granting in part, denying in part [216-1] motion by USA Regarding Mental Health Evidence (See Order for detail) ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 12/23/02]
12/23/02 242 NOTICE by Brian Patrick Regan of Experts (jcup) [Entry date 12/23/02]
12/23/02 245 AMENDED NOTICE as to Brian Patrick Regan by USA of CIPA 10 (jsol) [Entry date 12/23/02]
12/26/02 246 MOTION re: CIPA Section 6(c) as to Brian Patrick Regan by USA (jsol) [Entry date 12/30/02]
12/26/02 267 MOTION by Brian Patrick Regan by Brian Patrick Regan to Continue trial of this case. (jsol) [Entry date 01/10/03]
12/31/02 247 RENEWED REQUEST by Brian Patrick Regan for discovery concerning ANational Security Decision Directive #114 (jsol) [Entry date 12/31/02]
12/31/02 248 MOTION by USA as to Brian Patrick Regan to Strike [242-1] Notice by Brian Patrick Regan of Experts (jcup) [Entry date 12/31/02]
12/31/02 249 Opposition by USA as to Brian Patrick Regan's Motion to Continue Trial Date (jcup) [Entry date 12/31/02]
12/31/02 250 RESPONSE by Brian Patrick Regan to [246-1] motion by USA (jsol) [Entry date 01/02/03]
1/2/03 251 ORDER as to Brian Patrick Regan that Gina Otto, Chief of Security Policy Staff, National Reconnaissance Office of Secuity to serve as classification expert during the trial ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 01/03/03]
1/2/03 252 ORDER as to Brian Patrick Regan filed UNDER SEAL ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 01/03/03]
1/3/03 253 ORDER as to Brian Patrick Regan re: various motions by the US and defendant (See Order for detail) ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 01/03/03]
1/3/03 254 ORDER as to Brian Patrick Regan - ex parte filed UNDER SEAL ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 01/03/03]
1/6/03 255 Proposed Jury Instructions by USA as to Brian Patrick Regan (jcup) [Entry date 01/06/03]
1/6/03 256 Exhibit list by USA as to Brian Patrick Regan (Exhibit's 1-294) (jcup) [Entry date 01/07/03]
1/6/03 257 TRIAL EXHIBIT CUSTODY FORM filed by USA (Exhibit's 1-294 signed out by Patricia Haynes) (jcup) [Entry date 01/07/03]
1/6/03 258 Exhibit list by Brian Patrick Regan - Binder 1 (jsol) [Entry date 01/07/03]
1/6/03 259 Exhibit list by Brian Patrick Regan Binder 2 (jsol) [Entry date 01/07/03] [Edit date 01/07/03]
1/6/03 260 TRIAL EXHIBIT CUSTODY FORM filed by Brian Patrick Regan that exhibits 1 - 192 - 09 were retrieved by the Court Security Officer on behalf of Jon Shapriro, counsel for deft. (jsol) [Entry date 01/07/03] [Edit date 01/07/03]
1/7/03 261 List of Witnesses by USA as to Brian Patrick Regan (jcup) [Entry date 01/07/03]
1/8/03 262 Supplemental Witness list by USA as to Brian Patrick Regan (jcup) [Entry date 01/08/03]
1/8/03 263 TRANSCRIPT filed in case as to Brian Patrick Regan for dates of 11/27/02 before Judge Lee (jsol) [Entry date 01/09/03]
1/8/03 264 ORDER as to Brian Patrick Regan re: jury selection ( Signed by Judge Gerald B. Lee ) Copies Mailed: y and given to procurement (jsol) [Entry date 01/09/03]
1/8/03 266 ORDER as to Brian Patrick Regan that deft motion for approval os service of witness subpoenas by the USMS is granted and the USMS is directed to serve w/o fee. Further Ordered that the fees of witnesses shall be paid in the same manner in which similar costs and fees are paid in the case of witnesses subponaed for the US. ( Signed by Judge Gerald B. Lee ) Copies Mailed: y (jsol) [Entry date 01/09/03]
1/9/03 265 Supplemental Witness list by USA as to Brian Patrick Regan (jcup) [Entry date 01/09/03]




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END OF DOCKET: 1:01cr405-0