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8 August 2007 Robert Simpson RE: United States v. John Lee Dear Mr.Simpson: Pursuant to our conversation regarding “open file policy”, Magistrate Guyton's verbal order on August 8, 2007, Federal Rules of Criminal Procedure Rule 16 material for preparation of Defendant's defense, and U.S. Constitution's requirement for due proces, I am requesting that you provide me with any Giglio information that you have on the Defendant and any other witnesses that may be testifying against Defendant. Additionally, I am requesting any evidence that is known to the government or can be discovered by the government that would be discoverable Brady material or Jencks material. I would also note for you that I am making a specific request under Kyles v. Whitley, 115 S.Ct. 1555 (1995), imposing upon law enforcement and the prosecutor a "Duty to Learn" favorable information relating to the defendant. This discovery request is limited to requests under FRCrimPro Rule 16(a)(1)(A); Rule 16(a)(1)(B); Rule 16(a)(1)(E); Rule 16(a)(1)(F); Rule 16(a)(1)(G). To that end I would request that all officers and investigative agencies concerned with this case make certain that I am apprized, in writing, of any information or any evidence that has come to light that might be viewed in anyway as "favorable" to the defendant. This includes information that is favorable to the defendant on the issues of suppression, guilt, and\or punishment from both a substantive perspective and as impeachment information and material tending to discredit the government's witnesses. I am requesting not only any notes, documents, videotapes, audiotapes or other physical evidence that might contain discoverable evidence, but also that you memorialize and provide me with any such information that has not yet been reduced to writing. This request continues until and throughout the trial should one occur. Please supply any new information as you become aware of it. This request includes but is not limited to: 1. All videotapes and audiotapes by prosecution witnesses, including all videotapes for the shift of witnesses on the entire day or shift of the litigation in this case, to include the complete audio track of such videotapes, all maintenance records and work orders for the videotape equipment relevant to this case, and names of relevant maintenance technicians and supervisors. 2. A list of all cases prosecuted by U.S. Attorney's Office involving a "failure" of Park Service video recording equipment to record audio, for all defendants prosecuted in U.S. District Court, Eastern District in Knoxville, for the period of 12 months preceding the initiation of the present case against Defendant. 3. Names and addresses of all witnesses and their supervisors in their chain of command 4. Prior inconsistent statements of witnesses, including any accusations, charges or convictions for perjury 5. Prior complaints against witnesses 6 Prior or pending internal disciplinary actions against witnesses 7. Any other relevant actions in the personnel file of witnesses, including failure to meet quotas for "contacts", tickets or arrests; motor vehicle crashes, injuries and fatalities involving witnesses. The term “personnel file” includes all records maintained by the employer on witnesses, including records of internal affairs investigations, citizen complaints, crash investigations, driver license administrative actions of remedial or punitive nature, records in the "Human Resources" department, records containing psychological or other medical information concerning witnesses, Social Security number, date of birth, driver license number and current home address (required to conduct a background check, per Constitutional Due Process and Equal Protection doctrine). Defendant is indigent and cannot afford a private investigator, thus all personal records of witnesses must be provided to Defendant to conduct his own investigation into the criminal history of prosecution witnesses. Defendant agrees to keep such personal information private. 8. Prior convictions of witnesses, including all misdemeanor traffic citations 9. Any and all records and information revealing prior misconduct or bad acts attributed to any witness 10. Any and all consideration or promises of consideration given to or on behalf of the witness. By "consideration", Defendant refers to absolutely anything of value or use, including but not limited to criminal, civil or tax immunity grants, assistance or favorable treatment or recommendations with respect to any criminal, civil, immigration, tax court, court of claims, administrative or other legal disputes with the government or any other parties, payment of money or fees, witness fees and special witness fees, provisions of food, clothing, shelter, transportation or other like benefits, placement in a "witness protection program", and anything else which could arguably reveal an interest or bias in the witness in favor of the government or against the defense or act as an inducement to testify or to color testimony. 11. Plea agreements 12. Any evidence of any drug use on the part of any witness 13. Any and all prosecutions, investigations, or potential prosecutions pending or which could be brought against the witness, and any criminal, civil, immigration, tax court, court of claims, administrative, or other pending potential legal disputes or transactions. 14. The existence and identification of each occasion on which the witness has testified before any court, grand jury, or other tribunal or body or otherwise narrated in relation to the Defendant, the investigation, or the facts of the case. 15. The existence and identification of each occasion on which each witness who is an informer, accomplice, co-conspirator, or expert has testified before any court, grand jury, or other tribunal or body. 16. All documentation of any kind, at any location, relating to a policy of selective enforcement against travelers by motorcycle in East Tennessee, to include all memorandums involving witnesses' chain of command in U.S. Park Service, U.S. Forest Service and/or U.S. Attorneys Office, or any other relevant agency, corporate entity or private enterprise. All documentation of the prosecution of U.S. Park Service and U.S. Forest Service employees for motor vehicle crimes, infractions, petty offenses or small offenses during the past 12 months prior to the initiation of the present case. Defendant's own private statements and notes are not discoverable, per Rule 16(b)(2), and the Fifth Amendment to the U.S. Constitution. Defendant does not make this discovery request per Rule 16(a)(1)(C) or (D). Defendant is not an "organization" as defined by Rule 16(a)(1)(C), nor is Defendant requesting a copy of Defendant's prior record as defined by Rule 16(a)(1)(D). Thus prosecution is not entitled to reciprocal discovery on those issues, per CHARLES ALAN WRIGHT, FEDERAL PRACTICE AND PROCEDURE § 255 fn.12 (3d. ed. 2000):
If defendant has requested and obtained any discovery whatever under either subdivision (C) or (D) of Rule 16(a)(1), this is enough to trigger a reciprocal right in the prosecution and the defendant is required to make available, on request by the government, any materials of the kinds described in subdivisions (A) and (B) of Rule 16(b)(1). If defendant invokes only subdivisions (A) and (B) of Rule 16(a)(1), and requests discovery only of his own statements and prior records, the prosecution has no right of discovery.
Rule 16(b)(2), Information Not Subject to Disclosure, includes (B) a statement made to the defendant, or the defendant's attorney or agent, by: (i) the defendant; (ii) a government or defense witness; or (iii) a prospective government or defense witness Please feel free to contact me regarding this request, so that we may agree to a date for inspection and copying of records. If the government disputes its legal obligation to disclose or produce anything requested herein, please so advise so that the matters can be timely litigated. Thank you for your attention in this matter. Sincerely,
US v Lee, defendant's letter for informal discovery US v Lee, Arraignment hearing transcript, August 8, 2007 US v Lee, defendant's Brady motion for discovery US v Lee, plaintiff response to defendant's Brady motion for discovery US v Lee, pretrial hearing and trial transcript US v Lee, defendant's appeal brief US v Lee, defendant's reply brief US v Lee, plaintiff's reply brief with defendant's response brief Pirate News TV: How to Kill Robocops Pirate News TV: How to Get Paid for Winning in Traffic Court History Channel TV: American Autobahn drives a LEGAL 212 mph on a public highway! |