Free Notice (Other) - District Court of Federal Claims - federal

Case 1:05-cv-00608-ECH

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No. 05-608C (Judge Emily Hewitt) ___________________________________________________________________ IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FRANCISCO JAVIER RIVERA AGREDANO Plaintiffs, v. UNITED STATES OF AMERICA Defendants. _________________________________________________________________________ PLAINTIFF'S EXHIBIT LIST Honorable EMILY HEWITT, Judge Presiding

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Pursuant to the Court's Orders of January 4, 2008 and September 14, 2007, and in accordance with Appendix A of the Rules of the United States Court of Federal Claims ("RCFC"), plaintiff, FRANCISCO JAVIER RIVERA AGREDANO, respectfully submits his list of trial exhibits. In addition to the exhibits below, the plaintiff reserves the right to offer into evidence any documents in defendant's exhibit list, in rebuttal to arguments made by the defendant, to the extent they are not introduced, or are not introduced in full, during defendant's case. 1. Vehicle/Vessel/Aircraft Inventory and Receipt signed by "J. Marilao" on January 26, 2001 for "Pathfinder 4X4"/Jose Jiminez Coronel (with notation "tank removed") Will offer in case in chief. 2. Custody Receipt for Retained or Seized Property (signed by "J. Marilao" on January 25, 2001 and by American Towing on January 28, 2001) Will offer in case in chief 3. Personal Property Inventory dated January 25, 2001 May offer in case in chief 4. EG&G Technical Services Forms 4001, 4002 (2), 4007, 4028, 4032, 4039, 4064a, 4080 and EG&G photograph for 1987 Nissan Pathfinder (various dates) Will offer in case in chief 5. Forfeiture auction flier and warranty (auction on September 5, 2001) Will offer in case in chief 6. Bidder registration for Francisco Rivera (dated September 5, 2001) Will offer in case in chief

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7. Title transfer document for 1987 Nissan Pathfinder "Certificate to Obtain Title to a Vehicle" (dated September 5, 2001) Will offer in case in chief 8. Seized Property Consignment Order (dated January 29, 2001) Will offer in case in chief 9. Disposition Order for 1987 Nissan Pathfinder (dated August 8, 2001) Will offer in case in chief 10. Disposition Order for various vehicles including 1987 Nissan Pathfinder (dated September 25, 2001) Will offer in case in chief 11. Records from "The People of the State of California v Jose Armando Jimenez"; SDSC Case Number CS156917 Will offer in case in chief 12. Ninety (90) color photographs from the court file in the criminal proceedings against Francisco Rivera and Alfonso Calderon in Mexico depicting the Nissan Pathfinder, seized marijuana and items related to the printing business operated by Rivera and Calderon Will offer in case in chief 13. American Towing, Inc. receipt dated January 25, 2001 May offer in case in chief 14. Letter in response to FOIA request dated April 8, 2002 from U.S. Customs Service to Teresa Trucchi Will offer in case in chief 15. Letter in response to FOIA request dated May 28, 2002 from U.S. Customs Service to Carlos Mejia Lopez, Esq. Will offer in case in chief

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16. Order to Destroy and Record of Destruction of Forfeited, Abandoned, or Unclaimed Property (Customs Form 4613) dated May 25, 2001 Will offer in case in chief 17. "Extension to Judicial Inspection" (and English translation) dated February 14, 2002 of inspection of Nissan Pathfinder in Mexican criminal action Will offer in case in chief 18. "Hearing" (and English translation) dated February 13, 2002 of testimony of chemist Jose Blanco Loya of state of marijuana found in Nissan Pathfinder in Mexican criminal action Will offer in case in chief 19. "Extension to Judicial Inspection" (and English translation) dated March 26, 2002 of inspection of marijuana found in Nissan Pathfinder in Mexican criminal action Will offer in case in chief 20. Report of expert Miguel Humberto Carrillo Mendivil and Rafael Garcia Gutierrez (and English translation) dated March 19, 2002 of inspection of marijuana found in Nissan Pathfinder in Mexican criminal action Will offer in case in chief 21. Report of Mexican Military police of arrest of Francisco Rivera and Alfonso Calderon after discovery of marijuana found in Nissan Pathfinder in Mexican criminal action Will offer in case in chief 22. Report of expert Michael Levine dated March 9, 2004 Will offer in case in chief 23. 1999 Tax return for Francisco Rivera May offer in case in rebuttal 24. 2000 Tax return for Francisco Rivera May offer in case in rebuttal

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25. 2001 Tax return for Francisco Rivera May offer in case in rebuttal 26. Record from Calimax re: printing job at time of arrest and other proof of printing occupation Will offer in case in chief 27. Income records from Francisco Rivera/Alfonso Calderon printing business showing difference between income in 2001 and 2002 Will offer in case in chief 28. Kelley Blue Book estimate re: value of Nissan Pathfinder May offer in rebuttal 29. Medical records and bill of Dr. Sergio Medina Medina (and English translation) regarding Francisco Rivera Will offer in case in chief 30. Medical records and bill of Dr. Hector Santillana Santillana (and English translation) regarding Francisco Rivera Will offer in case in chief 31. Medical records and bill of Dr. Miquel Lizarraga (and English translation) regarding Francisco Rivera Will offer in case in chief 32. Medical records and bill of Dr. Alba Morena Grijalva (and English translation) regarding Francisco Rivera Will offer in case in chief 33. Medical records and bill of Dr. Jesus Manuel Cesena Caro (and English translation) regarding Francisco Rivera Will offer in case in chief

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34. Toll road charges incurred by Carmen Calderon Leon and Araceli Calderon Leon to bring food and other supplies to Francisco Rivera during imprisonment Will offer in case in chief 35. Toll road charges incurred by Lic. Carlos Mejia Lopez to visit and provide legal services for Francisco Rivera during imprisonment Will offer in case in chief 36. Letter in response to FOIA request dated April 20, 2007 from U.S. Customs Service to Teresa Trucchi and appeal thereof dated May 25, 2007 May offer in case in chief 37. Bill for legal services and costs provided by Carlos Mejia Lopez Will offer in case in chief 38. Bill for legal services and costs provided by Teresa Trucchi Will offer in case in chief 39. USA directives regarding the procedure/policies to utilize for searches and subsequent sales of seized vehicles (various dates) Will offer in case in chief 40. Deposition transcript of Lawrence Fanning (1-23-07) and attachments thereto May offer in case in chief 41. Deposition transcript of Lawrence Fanning (6-04-04) and attachments thereto May offer in case in chief 42. Deposition transcript of Robert Root (6-24-04) and attachments thereto May offer in case in chief 43. Deposition transcript of David Murphy (6-25-04) and attachments thereto May offer in case in chief 2

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44. Deposition transcript of David Murphy (1-23-07) and attachments thereto May offer in case in chief 45. Deposition transcript of Robert Bickers (1-23-07) and attachments thereto May offer in case in chief 46. Deposition transcript of Robert Bickers (6-9-04) and attachments thereto May offer in case in chief 47. Deposition transcript of Joseph Marilao (6-09-04) and attachments thereto May offer in case in chief 48. Deposition transcript of Joseph Marilao (10-27-06) and attachments thereto May offer in case in chief 49. Deposition transcript of Aide Nunez (10-27-06) and attachments thereto May offer in case in chief 50. Deposition transcript of Robert Hood (10-27-06) and attachments thereto May offer in case in chief 51. Deposition transcript of Jayson Ahern (6-04-04) and attachments thereto May offer in case in chief 52. Deposition transcript of Jayson Ahern (10-27-06) and attachments thereto] May offer in case in chief 53. Deposition transcript of Francisco Rivera (12-13-06) and attachments thereto May offer in case in rebuttal 54. Report of Investigation dated 2-13-01 Will offer in case in chief 3

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55. CMC Southern California Incident Report dated January 25, 2001 Will offer in case in chief 56. Evidence Processing Checklist dated January 25, 2001 Will offer in case in chief 57. Property Service Order (EG&G) dated 8-31-01 Will offer in case in chief Respectfully Submitted DATED: January 8, 2008 SUPPA, TRUCCHI & HENEIN, LLP s/Teresa Trucchi By: TERESA TRUCCHI Attorneys for Plaintiffs 3055 India Street San Diego, CA 92103 Telephone: (619) 297-7330 Telefax : (619) 297-9658 [email protected]

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CERTIFICATE OF ELECTRONIC FILING This document and all attachments was electronically filed on January 8, 2008 and served on opposing counsel electronically. .DATED: January 8, 2008 SUPPA, TRUCCHI & HENEIN, LLP s/Teresa Trucchi By: TERESA TRUCCHI Attorneys for Plaintiffs SUPPA, TRUCCHI, AND HENEIN, LLP 3055 India Street San Diego, CA 92103 Telephone: (619) 297-7330 Telefax : (619) 297-9658 [email protected]

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