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E-Discovery in Criminal Litigation

E-Discovery in Criminal Litigation. The New Criminal ESI Discovery Protocol. Panel. Moderator : Ron Hedges. Sean Broderick National Litigation Support Administrator, Office of Defender Services. Rick Williamson Chief, Trial Division Federal Public Defender. John Schlie

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E-Discovery in Criminal Litigation

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  1. E-Discovery in Criminal Litigation The New Criminal ESI Discovery Protocol

  2. Panel Moderator: Ron Hedges Sean Broderick National Litigation Support Administrator, Office of Defender Services Rick Williamson Chief, Trial Division Federal Public Defender John Schlie CJA Panel Attorney John Haried Criminal Discovery Coordinator, EOUSA - DOJ

  3. Where to find handouts? • www.cod.uscourts.gov • Upcoming Events • Faculty of Federal Advocates Brown Bag • www.facultyfederaladvocates.org • Links and Resources • ESI discovery in criminal litigation

  4. Hypothetical Case: ESI discovery • 20 investigative reports IPRO • 45 witness interviews IPRO • 13 bank subpoenas IPRO • 15 GJ transcripts IPRO • 150 photographs .jpg • 25 surveillance tapes AVI • 3 body wires MP3 • 900 T-III calls .wav files • 900 line sheets IPRO • 1 business record spreadsheet Excel • 730 email Outlook • 5 Hotel records PDF

  5. Terms to know and understand • Load file.A cross reference file used to import images or data into databases. • Metadata.Data that describes characteristics of ESI, for example, the author, date created, and date last accessed of a word processing document. • Extracted text.The text of a native file extracted during ESI processing of the native file, most commonly when native files are converted to TIFF format. Extracted text is more accurate than text created by the OCR processing of document images.

  6. Load file:A file that relates to a set of scanned images or electronically processed files, and indicates where individual pages or files belong together as documents, to include attachments, and where each document begins and ends. A load file may also contain data relevant to the individual documents, such as metadata, coded data, text, and the like…- from the Sedona Conference glossary

  7. Summation image load file example OCR indicator Document Identifier Document Location (path) Pages (file names)

  8. Metadataload file example Field Names Metadata

  9. Metadata loaded into Summation example Field Names Metadata Document

  10. Coded Dataload file example Field Names Coded Data

  11. Coded Data loaded into Summation example Field Names Coded Data Document

  12. Where to find help? • Federal Public Defenders: • FPD-Denver Computer Systems Administrator • FD.org • CJA Panel Attorneys: • Pat Ridley • 303.629.9700 • ridley@ridleylaw.com

  13. Where to find help? • USAO Prosecutors: • Your supervisor • Criminal Discovery Coordinator • John Haried • Litigation Support Specialists • Dan Keener • Ed Medina • Paralegals

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