Male Juvenile Case Study

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D.B., Male Juvenile, : Defendant.

D.B.’S OPPOSTION TO FURTHER DISCLOSE OF HIS IDENTITY

D.B., a Juvenile Male (“DB”), by counsel, respectfully moves this Honorable Court to prohibit the Government from any further disclosure of his name to anyone. In support thereof, he states as follows:
1. At a minimum, the Male Juvenile respectfully requests that all pleadings in the Material Witness case be denominated as Male Juvenile rather than by utilizing his full name. As all these disclosures relate to events that took place while the young man was a juvenile and pertain to the Juvenile Transfer proceedings that were conducted before this Court pursuant to 18 U.S.C 5032, the Juvenile's anonymity should be preserved to the full …show more content…
The Government's position seeking to disclose his identity and to unseal and disclose Court's Order dismissing the Material Witness Warrant to Defendants who did not seek a material witness warrant makes little sense. In its motions, the Government argues that it has "a compelling interest in helping to ensure that each defendant in the present case receives due process." Government's Motion for Disclosure of Order Dismissing Material Witness Warrant, November 2, 2015 at 3; Gov't Supplemental Motion, November 5, 2015 at 1-2 ("for same reasons"). Yet, further disclosure of the Male Juvenile's name and his statements and of the Court's Order is an exercise in futility. It risks the Male Juvenile's safety yet fails to provide the defendants the only due process they have sought, i.e., DB's testimony.
5. If the Government truly wishes to ensure due process for the adult defendants vis a vis the Male Juvenile's testimony, the simplest manner for the Government to accomplish this is to seek to grant him use and derivative use immunity for his testimony as provided in 18 U.S.C 6002(3). Unless the United States is prepared to grant use and derivative use immunity to the Male Juvenile, then it should stop exposing him to unnecessary risk of danger as he cannot be a witness while he a right to assert his Fifth Amendment
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