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Law teams are arguing in court about how to manage the distribution and sealing of vast amounts of discovery documents – some of which contain sensitive information about minors and medical records – over the past two weeks.
On April 24, 17 of the accused parents, including Loughlin and Mossimo Giannulli, filed a motion stating that the accused had not received any evidence against them.
The judge in charge of the case ordered the teams of lawyers to agree by Thursday on how to proceed.
Both parties reached an agreement to keep under seal the discovery documents that mention any reference to a child. any health information, including mental health or psychological health; and any reference to a customer who has not been charged.
This also includes documents with all college applications, including grades, test results and dissertations (draft and final), all academic records or information containing academic records and all materials of the court proceeding still under sealed, including affidavits.
The court filings show that defense lawyers are concerned that their clients may not have enough access to the evidence that protects them.
For example, prosecutors initially asked defendants to see evidence only in the offices of their lawyers.
The protection order accepted by prosecutors and defense counsel states that "defendants may keep a physical and / or electronic copy of the discovery material, and that defense team members and defendants may exchange discovery materials by e-mail ". It also states that defense counsel "may take reasonable steps to load discovery documents on secure servers or networks or encrypted password-protected electronic readers from which accused can access discovery documents, view them, download them, print them. "
The agreement also stresses that people with access to discovery are not allowed "to disseminate or further disclose this information" beyond the persons authorized to view it.
A group of defendants, including Loughlin and Gianulli, sought and obtained an additional provision that after 60 days, documents "that specifically refer to that defendant or one of his family members" are exempt from the Protection order.
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