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United States v. Hendricks
United States District Court, N.D. Ohio, Eastern Division
February 28, 2018
UNITED STATES OF AMERICA, Plaintiff,
ERICK JAMAL HENDRICKS, Defendant.
R. ADAMS, UNITED STATES DISTRICT JUDGE
before the Court are two motions for protective orders filed
by the Government. In its first motion, the Government
requests that the Court take certain steps to protect the
identity of an undercover employee within the FBI
(“UCE”). Doc. 63. In its second motion, the
Government requests that the Court similarly take certain
steps to protect the identity of a confidential human source
(“CHS-4”). Doc. 64. The Defendant, Erick Jamal
Hendricks, has responded in opposition in part to the
motions. The Court now resolves the motions.
is charged with one count of conspiring to provide material
support to a designated terrorist organization and one count
on attempting to provide material support to a designated
terrorist organization. More specifically, the Government
asserts that it will prove that Hendricks engaged in efforts
in the spring of 2015 to create of cell of the Islamic State
of Iraq and the Levant (“ISIL”) supporters in the
United States. The superseding indictment in this matter
g. Defendant directed individuals such as A.A., and others
known and unknown, to connect Defendant to other like-minded
individuals for recruitment by Defendant.
h. Defendant distributed documents to recruits that provided
advice on how to avoid law enforcement detection.
i. Defendant provided suggestions to recruits about materials
they should read, including lectures by Anwar Al-Awlaki and
materials that contained bomb-making instructions and
information on law enforcement surveillance methods.
j. Defendant attempted to purchase land to be used for
training in military tactics for members of the cell he was
k. Defendant met in person with potential recruits to discuss
the creation of a cell to conduct attacks in the United
States on behalf of ISIL.
l. Defendant claimed that he obtained guidance from
“senior brothers” in ISIL.
m. Defendant suggested that UCE travel to Garland, Texas, to
a contest for drawing the Prophet Mohammad.
n. Defendant asked UCE about security measures at the contest
for drawing the Prophet Mohammad in Garland, Texas.
o. Defendant caused a document to be posted online that
claimed “Islamic State in America” committed the
attack at the Garland, Texas contest for drawing the Prophet
Mohammad and warned of future attacks.
Doc. 25 at 3-4.
Government requests the Court implement the following
measures with respect to the UCE:
1. The UCE may testify under the UCE's undercover
pseudonym when testifying at trial, without disclosing
publically the true identity of the UCE;
2. The defense shall be prohibited from asking any questions
seeking personal identifying information from the UCE;
3. The UCE may testify using a light disguise, such as
changing the UCE's facial hair, hairstyle, or dress
4. When the UCE testifies, only the Court, essential
personnel, the jury, the defendant and his counsel, and the
government's trial team shall be present in the
courtroom. The government shall provide a contemporaneous
audio broadcast of the courtroom proceeding while the UCE is
testifying for the public in a separate room.
5. No public disclosure of any audio or video recording, or
similar reproduction of the voice or visual image of the UCEs
while testifying, shall be permitted.
6. The UCE shall be permitted to use a non-public
entrance/exit to the courthouse and the courtroom, shall be
permitted to enter the courtroom and sit in the witness chair
outside the presence of the jury and defendant, and ...
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