USA v. Gerlach

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
United States of America,
Plaintiff,
v.
Thomas Lee Gerlach,
Defendant.
Case No. 25-cr-472 (PAM/DJF)
ORDER
This matter is before the Court on Defendant Thomas Lee Gerlach’s Motion for Discovery
(ECF No. 36), Motion for Disclosure of Concerned Citizen (ECF No. 40), and Motion to Compel
Disclosure of Evidence Favorable to the Defendant (ECF No. 41) (“Motions”). The Court heard
the parties’ oral arguments on the Motions on May 6, 2026 (“Motions Hearing”). (ECF No. 47.)
Based on the parties’ written submissions and oral arguments, and on the entire file, the Court
enters the following order.
I. MOTION FOR DISCOVERY
For the reasons stated on the record at the Motions Hearing, Defendant’s Motion for
Discovery (ECF No. 36) is GRANTED IN PART and DENIED IN PART as follows:
1. Defendant’s request for information regarding the immigration status of “JDMM”,
a material witness to the incident, is GRANTED.
2. Defendant’s request for JDMM’s Alien File (“A-file”) is GRANTED IN PART:
a. The Government shall produce those portions of JDMM’s A-file that may
have impeachment value if the Government identifies JDMM as a potential
witness.
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b. If the Government identifies JDMM as a potential witness, Government
counsel shall review the entire A-file and disclose those parts of the A-file
that may constitute impeachment evidence. The parties shall meet and
confer regarding which parts of the A-file will be disclosed and may bring
any disputes to the Court if necessary.
3. Defendant’s request for information regarding the identity, contact information and
full reports regarding the “Concerned Citizen” is GRANTED IN PART:
a. The Government shall produce this information if it identifies Tony Case,
the subject of the “Concerned Citizen’s” statement, as a potential trial
witness.
b. In that event, the Government shall produce information responsive to this
request subject to a protective order to be negotiated between the parties
and presented to the Court, unless the Government determines that a
protective order is unnecessary.
4. Defendant’s request for the St. Paul Police Department file under case number 25-
162702, relating to the report of the earlier theft of the firearm charged in the
Indictment, is GRANTED. The Government has agreed to produce this file and is
ordered to do so as soon as practicable.
5. The Government shall produce all other evidence that it has agreed to produce as
soon as practicable.
6. Insofar as Defendant seeks an order as to any unspecified additional evidence the
Government may be required to produce under Federal Rule of Criminal Procedure
16, Brady v. Maryland, 373 U.S. 83 (1963), or other rules, the motion is DENIED
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as MOOT. The Court’s Pretrial Scheduling Order (ECF No. 17) previously
addressed such discovery and Defendant proffers no grounds for reconsideration.
7. The Motion for Discovery is otherwise DENIED.
II. MOTION FOR DISCLOSURE OF CONCERNED CITIZEN
For the reasons stated on the record at the Motions Hearing, Defendant’s Motion for
Disclosure of Concerned Citizen (ECF No. 40) is GRANTED IN PART and DENIED IN PART
as set forth in paragraph I(3) above.
III. MOTION TO COMPEL DISCLOSURE OF FAVORABLE EVIDENCE
For the reasons stated on the record at the Motions Hearing, Defendant’s Motion to Compel
Disclosure of Evidence Favorable to the Defendant (ECF No. 41) (“Motion to Compel”) is
GRANTED IN PART and DENIED IN PART as follows:
1. Defendant’s request for information as set forth in Paragraph 4 of the Motion to
Compel is GRANTED IN PART to the extent ordered above.
2. The Motion to Compel is GRANTED insofar as disclosure of the requested
information is required pursuant to Brady v. Maryland, 373 U.S. 83 (1963).
3. The Motion to Compel is otherwise DENIED.
SO ORDERED.
Dated: May 7, 2026 s/ Dulce J. Foster
Dulce J. Foster
United States Magistrate Judge
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