Free Motion for Disclosure - District Court of Delaware - Delaware

Case 1:05-cr-00036-JJF

Document 31-3

Filed 06/14/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. : : : Cr.A.No. 05-36 : : NOTICE OF MOTION TO: U.S. Department of Justice United States Attorney's Office District of Delaware Attention: April Byrd, Esquire 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, Delaware 19899-2046 PLEASE TAKE NOTICE that the attached Motion for Disclosure of Confidential Informant will be presented to the Court at its earliest convenience. LAW OFFICE OF EDWARD C. GILL, P.A.

__/s/________________ Edward C. Gill, Esquire Attorney for Defendant Bar No. 2112 P.O. Box 824 Georgetown, DE 19947 854-5400 DATED: June 15, 2005

Case 1:05-cr-00036-JJF

Document 31-3

Filed 06/14/2005

Page 2 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. : : : Cr.A.No. 05-36 : :

MOTION TO COMPEL DISCLOSURE OF CONFIDENTIAL INFORMANT NOW COMES the Defendant, Robert Cooke, by and through his attorney, and respectfully represents: 1. That in the above captioned case the government has used a confidential informant who was directly involved in the alleged marijuana transactions

that defendant Robert Cooke was allegedly involved in. 2. That the confidential informant arranged for the transactions to be made and had his hands directly on the alleged drugs and money involved in the transactions. 3. That the conduct of the confidential informant in the case at bar constitutes entrapment. 4. That the identity of the confidential informant is needed in order to allow the defense pre trial investigation into the confidential informant and to secure the confidential informant's appearance at trial.

Case 1:05-cr-00036-JJF

Document 31-3

Filed 06/14/2005

Page 3 of 4

WHEREFORE, defendant respectfully moves that this Court enter an order compelling the government to disclose to defendant Robert Cooke the name, address and telephone

number of the confidential informant used in this case.

LAW OFFICE OF EDWARD C. GILL, P.A. /s/ Edward C. Gill, Esquire Bar I.D. 2112 Attorney for Defendant P.O. Box 824 Georgetown, DE 19947 854-5400 DATED: June 15, 2005

Case 1:05-cr-00036-JJF

Document 31-3

Filed 06/14/2005

Page 4 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT COOKE, Defendant. ORDER After having carefully considered Defendant's Motion for Disclosure of Confidential Informant it is hereby : : : Cr.A.No. 05-36 : :

ordered that the Government shall produce to the Defendant the name, address, and telephone number of the confidential informant used in this case within ten days of the date of this order.

___________________ Judge DATED: