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UNITED STATES OF AMERICA, vs. ERIC ROBERT RUDOLPH, Defendant

ORDER

TERRY PUTNAM, Magistrate Judge

The defendant has filed two ex parte motions for the issuance of Rule 17(c) subpoenas to various local television stations in Alabama and Tennessee seeking videotape of actual broadcasts since 1998 relating either to the defendant or the bombing with which he is charged. The motions seek this information for use in support of the defendant's motion for change of venue. Because the defendant seeks to show the prevalence, scope, and tone of actual news reporting about the events involved in this case, he is not seeking any out-takes, notes, or edits, only the materials actually broadcast. The court finds that the motions are well-taken and that the subpoenas are due to be issued, subject to any motions or objections that may be raised by the entities to which they are directed.

The defendant's motion for issuance of Rule 17(c) subpoenas, therefore, is due to be and here by is GRANTED, and the Clerk is DIRECTED to issue the requested subpoenas, returnable by March 19, 2004, and the Marshal is DIRECTED to serve them.

Although the motions shall remain under seal, this Order shall be publicly filed. The Clerk is DIRECTED to forward a copy of the foregoing to all counsel of record.

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U.S. v. RUDOLPH, (N.D.Ala. 2004)
(Mar 4, 2004)