RULING

SHELLY D. DICK, District Judge.

This matter is before the Court on the Motion To Request Pre-Trial Disclosure of Any Promises of Leniency or Other Agreements Between the Government and its Potential Witnesses and For Pre-Trial Disclosure of the Criminal Records and/or Acts of Misconduct of Potential Government Witnesses for Impeachment Purposes1 filed by Defendant Travis James and adopted by co-Defendants Troy James,2 Melvin Jacobs,3 and Harris Hampton, III;4 the Motion in Limine Concerning Incriminating Confession of a Non-Testifying Co-Defendant at Trial5 filed by Defendant Travis James, and adopted by co-Defendants Troy James,6 Melvin Jacobs,7 and Harris Hampton, III;8 Motion for Release of Brady Materials9 filed by Defendant Michael Nelson and adopted by co-Defendant Harris Hampton, III;10 and Motion to Produce Jencks Act Material11 filed by Defendant Michael Nelson and adopted by co-Defendant Harris Hampton, III.12 The Government has filed Opposition/Responses13 to these motion.

I. LAW AND ANALYSIS

In contrast to the standard for obtaining discovery under Rule 16, the Government is under an affirmative duty to disclose exculpatory information under Brady v. Maryland.14 Due process requires that the Government disclose evidence favorable to the accused that is material to guilt or punishment and that such disclosures be made timely to allow a Defendant to make effective use of the information at trial.15 Unlike Rule 16, however, "Brady is not a discovery rule, but a rule of fairness and minimum prosecutorial obligation."16 The Government "has a duty to learn of any favorable evidence known to the others acting on the government's behalf in the case, including the police."17 Giglio v. United States extends the Government's disclosure obligation to include evidence that would impeach a Government witness.18 Likewise, the Jencks Act requires that the Government disclose statements or reports made by Government witnesses or prospective witnesses, but the Act requires that such disclosure be made only after the witness has testified on direct examination.19

Neither the motion regarding disclosure of potential incriminating confession(s) of non-testifying co-Defendants nor the motion for disclosure of agreements with the Government alleges that the Government has failed to meet its obligation to provide such information; both motions appear to prospectively seek such relief. In response, the Government provides Defendant with the statement of co-Defendant Kim Murphy given during a January 22, 2018 traffic stop. However, the Government notes that, at this time, none of the other co-Defendants in this case have entered into plea agreements with the Government. The Government submits that, should it enter into a plea agreement with a co-Defendant requiring cooperation, the Government will comply with its Giglio obligations at the appropriate time before trial.20

The Court agrees that a hearing on this matter is premature given the current procedural posture of this case and the pending Motions to Suppress. Accordingly, the Motion To Request Pre-Trial Disclosure of Any Promises of Leniency or Other Agreements Between the Government and its Potential Witnesses and For Pre-Trial Disclosure of the Criminal Records and/or Acts of Misconduct of Potential Government Witnesses for Impeachment Purposes21 and the Motion in Limine Concerning Incriminating Confession of a Non-Testifying Co-Defendant at Trial22 are DENIED without prejudice to any Defendants' right to re-urge such a motion if circumstances so warrant and with the acknowledgement that the Government has declared its intent to timely meet its legal obligations under Giglio and Brady.

As to the request for Jencks Act material, such a request is also premature. The law is clear that the Government is not required to turn over Jencks Act material until after the witness has testified at trial, although it is common practice for the Government to produce such material the Friday before trial.23 Therefore, the Motion to Produce Jencks Act Material24 is DENIED as premature.

In his Motion for Release of Brady Materials,25 the Defendant does not contend that the Government has violated its obligation under Brady or withheld exculpatory evidence. The Defendant merely seeks a blanket request that the Government disclose all Brady materials "within a reasonable time before trial."26 To the extent Defendant seeks such material "immediately," that request is DENIED; however, to the extent the motion seeks timely disclosure in accordance with the law, the Motion for Release of Brady Materials27 is GRANTED, and the Government is ordered to disclose all discovered Brady materials in an expeditious manner such that the Defendants have sufficient time for trial preparation.

II. CONCLUSION

For the reasons set forth above, the Motion To Request Pre-Trial Disclosure of Any Promises of Leniency or Other Agreements Between the Government and its Potential Witnesses and For Pre-Trial Disclosure of the Criminal Records and/or Acts of Misconduct of Potential Government Witnesses for Impeachment Purposes,28 Motion in Limine Concerning Incriminating Confession of a Non-Testifying Co-Defendant at Trial,29 and Motion to Produce Jencks Act Material30 are DENIED without prejudice as premature. The Motion for Release of Brady Materials31 is GRANTED in part and DENIED in part as set forth above.

IT IS SO ORDERED.