UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
UNITED STATES OF AMERICA )
)
v. ) Criminal No. 21-0598 (PLF)
)
TERENCE SUTTON )
and )
ANDREW ZABAVSKY, )
)
Defendants. )
____________________________________)
ORDER
For the reasons given in the Opinion issued this same day, it is hereby
ORDERED that Mr. Sutton’s Second Motion to Compel Discovery [Dkt. No. 40]
is DENIED; it is
FURTHER ORDERED that Mr. Sutton’s Motion to Compel Disclosure of
Requested Discovery [Dkt. No. 122] is GRANTED IN PART and DENIED IN PART; and it is
FURTHER ORDERED that Mr. Zabavsky’s First Motion to Compel Disclosure
of Requested Discovery [Dkt. No. 130] is DENIED.
Accordingly, it is hereby ORDERED that the government shall produce to Mr.
Sutton the following material:
1. All MPD Form 163s prepared by Mr. Sutton in the five years
prior to October 23, 2020.
2. All MPD officer safety bulletins for the Fourth District from
the year prior to October 23, 2020.
3. Any electronic file from any computer in the Fourth District
Crime Suppression Team office prepared between October 23,
2020, at 10:00 p.m. and October 24, 2020, at 10:00 p.m. that
demonstrates that someone other than Mr. Sutton contributed to or
altered the traffic crash report at issue in this case. See Indictment
[Dkt. No. 1] at 47.
In addition, it is hereby ORDERED that, on or before May 29, 2022, the
government and Mr. Sutton shall separately file supplemental briefs, not to exceed eight pages,
responding to the Court’s questions regarding Request 8 in Mr. Sutton’s third motion to compel
discovery, namely which IAD pursuit investigations and any annual compendiums or reports
thereof from the ten years prior to October 23, 2020, would have been accessible to Mr. Sutton.
See Opinion [Dkt. No. 158] at 24-25.
SO ORDERED. Digitally signed by Paul L.
Friedman
Date: 2022.04.22 16:05:10
-04'00'
_______________________________
PAUL L. FRIEDMAN
United States District Judge
DATE: April 22, 2022
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