Free Motion for Discovery - District Court of Colorado - Colorado

Case 1:01-cr-00395-RPM

Document 582

Filed 09/04/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Richard P. Matsch

Criminal Case No. 01-cr-00395-RPM Civil Action No. 07-cv-02002-RPM UNITED STATES OF AMERICA, Plaintiff, v. JACK DOWELL, Defendant. _____________________________________________________________________ MOTION FOR DISCOVERY _____________________________________________________________________ Defendant Jack Dowell, through his court appointed attorney Richard N. Stuckey, respectfully moves for an order from this Court for the government to produce certain files and records, and as reason therefor, does state as follows: 1. Defendant Jack Dowell filed a pro se Motion for Leave for Discovery and Production of Documents on December 27, 2007 (Doc. 571 in criminal case). The Court denied that motion because counsel had been appointed and pro se documents or pleadings were no longer proper. 2. Defendant made three discovery requests in his pro se motion, as follows: (1) Production of investigative files concerning an alleged criminal investigation into the activities of prior trial counsel and his father from 1998 through 2003, (2) An itemized billing statement from prior trial counsel's investigator, and (3) "All previous drafts/versions of an FBI report dated November 2, 2001." The second request above

Case 1:01-cr-00395-RPM

Document 582

Filed 09/04/2008

Page 2 of 3

has been satisfied, according to information given present counsel. 3. On behalf of defendant, counsel now requests the following: A. All investigative files of the FBI or the IRS or the U.S. Attorney's Office for the District of Colorado which might in any way relate to an investigation of prior trial counsel Jody Reuler or his father Maurice Reuler from 1998 through 2003. Should any such files or reports exist, they would bear on defendant's claim that Jody Reuler was incompetent because he did not wish to pursue defendant's defense vigorously under those circumstances. B. All prior drafts or notes pertaining to the final FBI 302 report of Agent William Petoskey dated November 2, 2001, to the extent they exist and may not have been made available to counsel before trial. 4. It is respectfully submitted that these materials are necessary for properly presenting defendant's claim of ineffective assistance of counsel on his Motion under 28 U.S.C. § 2255. Counsel has previously discussed this motion with government counsel, and will continue to do so. Should the requests be granted, or should the government relate that proper searches for these materials find nothing, the Court will be immediately notified. Dated: September 4, 2008 Respectfully submitted, s/ Richard N. Stuckey Richard N. Stuckey Richard N. Stuckey, Attorney at Law, PC 1801 Broadway, Suite 1100 Denver, CO 80202-3839 Office Phone: 303-292-0110 Fax Phone: 303-292-0522 E-mail [email protected] Attorney for Defendant Jack Dowell

Case 1:01-cr-00395-RPM

Document 582

Filed 09/04/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September 4, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Martha A. Paluch Assistant U.S. Attorney [email protected]

s/ Richard N. Stuckey Richard N. Stuckey Richard N. Stuckey, Attorney at Law, PC 1801 Broadway, Suite 1100 Denver, CO 80202-3839 Office Phone: 303-292-0110 Fax Phone: 303-292-0522 E-mail [email protected]