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United States of America v. Matthew C. Tornquist

July 11, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MATTHEW C. TORNQUIST,
DEFENDANT.



The opinion of the court was delivered by: Veronica L. Duffy United States Magistrate Judge

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL [DOCKET NO. 81]

INTRODUCTION

Defendant Matthew C. Tornquist is before the court on an indictment charging him with possession of stolen firearms, in violation of 18 U.S.C. §§ 922(j) and 924(a)(2). Mr. Tornquist has filed a motion to compel the government to provide an unredacted copy of a certain report from the South Dakota Division of Criminal Investigation ("DCI"). See Docket No. 81.

Mr. Tornquist also seeks an order compelling the government to provide certain technical and scientific data related to DNA testing done by the government in this case. Id. The government resists only part of Mr. Tornquist's motion. See Docket No. 90. The district court, the Honorable Jeffrey L. Viken, referred this motion to this magistrate judge for decision pursuant to 28 U.S.C. § 636(b)(1)(A).

FACTS

A detailed recitation of the investigative facts in this case has already been written by this court when it resolved Mr. Tornquist's motion to suppress. See Docket No. 42. That recitation of facts is incorporated by reference herein. In summary, the evidence in this case based on Mr. Tornquist's possession of firearms is also relevant in another investigation which is incomplete at this time.

In addition to the suppression hearing facts, the following facts are relevant to the resolution of the pending motion. The government provided to Mr. Tornquist in discovery a copy of a report from the DCI Forensic Laboratory in Pierre, South Dakota, dated December 15, 2011. It is report number 11-0437.7. The document produced by the government to Mr. Tornquist, which reported on DNA testing conducted by the DCI lab, was in a highly redacted form. See Docket No. 82, pages 17-19. The redacted report showed the results of DNA testing on a rifle, including a swab of the rifle slide, stock, trigger, emblem, and clip. Id. All other parts of the report have been redacted by the government. Id.

The report indicates that the DNA samples obtained from the swab of the rifle slide, trigger and clip match the known DNA sample from Mr. Tornquist. Id. The report indicates that the sample from the swab of the rifle stock is consistent with being a mixture of DNA from Mr. Tornquist and one or more other individuals. Id. The DNA from the other individual(s) on the rifle stock does not match the DNA found on a toothbrush from which DNA was obtained. Id. Finally, the report indicates that the following DNA loci were tested: Amelogenin and the Short Tandem Repeat (STR) loci D8S1179, D21S11, D7S820, CSF1PO, D3S1358, TH01, D13S317, D16S539, D2S1338, D19S433, vWA, TPOX, S18S51, D5S818, and FGA. Id.

The government provided an unredacted copy of the DCI lab report to the court for in camera review. The court has compared the redacted version of the DCI lab report with the unredacted version. None of the material redacted by the government from the DCI lab report is relevant to the instant offenses with which Mr. Tornquist is charged.

In addition to requesting an unredacted copy of the DCI lab report, Mr. Torquist also requests in his motion:

1. Complete laboratory case files from the DCI lab, as well as any other lab involved in the DNA analysis in this case.

2. Records regarding contaminations or discrepancies in the DCI lab for two months before and two months after the DNA testing done in this case.

3. Computer generated data, including electropherograms and all electronic data associated with this case.

4. Photographs and/or scans of all slot blot membranes, yield gels, and product gels generated during testing in this case.

5. Standard operating procedures/manufacturer's protocols for the operation of machines and for the collection and handling of evidence that apply to this case.

6. Calibration records for all thermal cyclers and PCR product analysis instruments, including lab records documenting any trouble-shooting, repairs or modifications or changes that were made to ...


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