Free Motion for Release of Brady Materials - District Court of Delaware - Delaware

Case 1:05-cr-00036-JJF

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Filed 05/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA v. ROBERT COOKE : : : REQUEST FOR BRADY MATERIAL NOW COMES the Defendant, by and through his attorney, C. A. NO.: 05-cr-0036

and hereby requests that the Government produce all "Brady" material specifically including but not limited to the

following: l. felony Any and all records and information revealing prior convictions or guilty verdicts or juvenile

adjudications attributed to each witness called by the State including but not limited to relevant "rap sheets". 2. Any and all records and information revealing prior or bad acts attributed to the witness, to

misconduct

specifically include but not limited to any arrests, police "contact" reports, whether such acts are incidents of moral turpitude or not. 3. Any and given all to or consideration on behalf of or the promises witness or or

consideration

expected or hoped for by the witness.

By "consideration"

Defendant refers to absolutely anything, whether bargained for or not, which arguably could be of value or use to a witness or to persons of concern to the witness, including but not limited to formal or informal, direct or indirect: leniency, favorable treatment or recommendations or other

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assistance with respect to any pending or potential criminal parole, probation pardon, clemency, civil, administrative, or other dispute with any other authority or with any other parties; criminal, civil or tax immunity grants; relief from forfeiture; payments of money, rewards or fees, witness fees an special witness fees, provision of food, clothing,

shelter, transportation, placement in a "witness

legal services or other benefits; protection program", informant

status of the witness; and anything else which arguably could reveal an interest, motive or bias in the witness in favor of the State or against the defense or act as an inducement to testify or to color testimony. 4. Any and all threats, express or implied, direct or

indirect, or other coercion made or directed against the witness, criminal prosecutions, investigations, or

potential prosecutions pending or which could be brought against the witness, any probationary, parole, deferred

prosecution or custodial status of the witness, and any civil, administrative, or other pending or potential legal

disputes or transactions with the State or over which the State has real, apparent or perceived influence. 5. 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 officially narrated in relation to the Defendants, the investigation, or the facts of this case.

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6. on which

The existence and identification of each occasion each witness who was or in an informer,

accomplice, co-conspirator, or expert has testified before any court, grand jury, or other tribunal or body. each occasion and witness, name the existence As to and

identification of all statements, notes, tape recordings or other means of memorializing the substance of such

witnesses' statements. 7. Any and all other records and/or informations

which arguably could be helpful or useful to the defense in impeaching or otherwise detracting from the probative force of the State's evidence or which arguably could lead to such records or information. 8. l The same records and information requested in items 7 above with respect to each non-witness

through

declarant whose statements are offered in evidence. 9. Any information tending to show that other persons,

excluding the accused, were involved in the crime. 10. accused Any had information that tends to show that to the the

consumed

alcohol

and/or

drugs

prior

commission of the offense. 11. Any information that any of the State's witnesses

had consumed alcohol and/or drugs prior to witnessing the events that gave rise to their respective testimony. 12. Any statements of witnesses which conflict either

internally or with another statement of the same witness.

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13.

Any polygraph tests taken and not passed which credibility. or mental

raise some doubt as to any State's witness or 14. Any psychiatric,

psychological,

evaluations taken by a State's witness or psychiatric, psychological or mental

any evidence of of any

treatment

State's witnesses. 15. assist Any hypnosis given to any State's witness to witness' memory for investigative or trial

that

preparation purposes. 16. law Any internal documents or other evidence of any official's misfeasance, malfeasance or

enforcement

negligence whether by acts of omission or commission, in the performances of his/her duties, concerning this specific case. 17. materials Any training guides, manuals or other similar which or give arrest information which were relative not used to in an this

investigation

particular arrest or investigation. 18. In the case of any scientific evidence,

textbooks, date, manuals, guides or other similar materials which suggest alternative methods to the one used. 19. Any evidence of the periodic destruction of any

evidence such as a police department retention policy. 20. The names and addresses of any individuals who

were considered at any time during the case as possible suspects that led to this conclusion.

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21.

"Mugshots", photographs or other physical evidence

used but eliminated during the course of the investigation and the reasons for their discontinuance. 22. The names and addresses of other individuals who

may have confessed to this crime or crimes with a similar modus operandi. 23. Any statement of a witness or other individual

which presents or indicates a doubt as to the identity of the accused, the location of the crime, or the description of any tangible item relevant to the charge.

LAW OFFICE OF EDWARD C. GILL, P.A.

_S/Edward C. Gill_____ Edward C. Gill, Esquire Attorney for Defendant Bar I.D. 2112 P.O. Box 824 Georgetown, DE l9947 854-5400 [email protected] DATED: 5-19-05

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