until after the guilt phase of trial. Any report by the defense expert
witnesses, although provided to the defense, would remain under seal with
the Court and would only be submitted to the Government after the guilt
phase of trial had terminated.
8) Defendant Edelin is not required to provide the Government with any
of the materials supplied to the defense experts other than defendant
Edelin's medical records. The defendant is not required to disclose,
other than to the extent that this information is included in the defense
expert reports, the nature of the proffered mental condition or defect
and the date of its onset or to provide a summary of the diagnosis or
diagnoses of said mental health experts and a summary of the basis for
their opinions, other than what is specified above in section 3 supra.
Much, if not all, of the information requested by the Government must
necessarily be included in the experts' reports, and will be disclosed in
the eventuality that the experts' reports are unsealed.
9) The Government shall provide a proffer of the evidence it intends to
offer on the aggravating factors it will seek to prove at sentencing. The
proffer will be made at the time the jury begins deliberations regarding
the guilt or innocence of the defendants.
10) The defendant shall give additional notice, within two days of a
return of a guilty verdict on one of the capital counts, of whether he
will in fact produce mental health information at his sentencing. If he
gives notice of continued intent to produce mental health information at
sentencing, the sealed expert reports will be unsealed at that time. If
the defendant decides not to produce mental health information at
sentencing, the information regarding the mental health of the defendant
will remain sealed.
11) If defendant Edelin presents mental health information at the
sentencing stage, the Government may only use the information gathered
during the examination of defendant Edelin on issues respecting mental
condition on which the defendant has introduced testimony.
12) Defendant Edelin shall not be required to videotape, record, or
otherwise memorialize the testing done by his expert mental health
witnesses. The Government has not provided the Court with any legal
authority for its request to videotape the defense mental health
examination, and the Court DENIES the Government's request for a
recording of the defense examination.
13) If the defendant falls to provide notice or fails to participate in
a mental examination as ordered by the Court, the defendant may forfeit
his right to introduce evidence of his mental condition at the penalty
phase of trial.