Free Motion for Reciprocal Discovery - District Court of California - California

Case 3:07-cr-03272-JAH

Document 15-2

Filed 02/04/2008

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

KAREN P. HEWITT United States Attorney RANDY K. JONES Assistant U.S. Attorney California State Bar No. 141711 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-5684 [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) ANA ISELA CHAIREZ, ) ) Defendant. ) ) ____________________________________) UNITED STATES OF AMERICA, Criminal Case No. 07CR3272-JAH DATE: TIME: February 11, 2008 8:30 a.m.

STATEMENT OF FACTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF GOVERNMENT'S MOTION FOR RECIPROCAL DISCOVERY

COMES NOW the plaintiff, UNITED STATES OF AMERICA, by and through its counsel, KAREN P. HEWITT, United States Attorney, and RANDY K. JONES, Assistant United States Attorney, and hereby files the attached statement of facts and memorandum of points and authorities in support of government's motion for reciprocal discovery. I STATEMENT OF FACTS The United States incorporates the Statement of Facts in its Response and Opposition filed in conjunction with this Notice of Motion. // // // // //

Case 3:07-cr-03272-JAH

Document 15-2

Filed 02/04/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A.

II POINTS AND AUTHORITIES Government's Motion for Reciprocal Discovery 1. Rule 16(b)

Defendant has invoked Federal Rule of Criminal Procedure 16(a) in her motion for discovery and the Government has already voluntarily complied with the requirements of Federal Rule of Criminal Procedure 16(a). Therefore, Rule 16(b) should presently be determined to be operable as to Defendant. The Government, pursuant to Rule 16(b), hereby requests that Defendant permit the Government to inspect, copy, and photograph any and all books, papers, documents, photographs, tangible objects, or make copies of portions thereof, which are within the possession, custody, or control of Defendant and which she intends to introduce as evidence in her case-in-chief at trial. The Government further requests that it be permitted to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this case, which are in the possession or control of Defendant, which she intends to introduce as evidence-in-chief at the trial or which were prepared by a witness whom Defendant intends to call as a witness. The Government also requests that the Court make such orders as it deems necessary under Rule 16(d)(l) and (2) to insure that the Government receives the discovery to which it is entitled. 2. Rule 26.2

Federal Rule of Criminal Procedure 26.2 requires the production of prior statements of all witnesses, except any statement of Defendant. The rule provides for the reciprocal production of Jencks statements. The time frame established by the rule requires the statement to be provided after the witness has testified, as in the Jencks Act. Therefore, the Government hereby requests that Defendant be ordered to supply all prior statements of defense witnesses by a reasonable date before trial to be set by the Court. This order should include any form these statements are memorialized in, including, but not limited to, tape recordings, handwritten or typed notes, and/or reports. // // // 2

07CR3272-JAH

Case 3:07-cr-03272-JAH

Document 15-2

Filed 02/04/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

III CONCLUSION For the foregoing reasons, the government respectfully requests that its motion should be granted. Date: February 4, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Randy K. Jones ____________________________ RANDY K. JONES Assistant United States Attorney Attorneys for Plaintiff United States of America Email: [email protected]

3

07CR3272-JAH

Case 3:07-cr-03272-JAH

Document 15-2

Filed 02/04/2008

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ANA ISELA CHAIREZ,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. 07CR3272-JAH

CERTIFICATE OF SERVICE

Defendant.

IT IS HEREBY CERTIFIED THAT: I, RANDY K. JONES, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above-entitled action. I have caused service of Government's Notice of Motion and Points and Authorities for Reciprocal Discovery on the following party by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them. 1. Erica K. Zunkel E-mail: [email protected]

I declare under penalty of perjury that the foregoing is true and correct. Executed on February 4, 2008 s/ Randy K. Jones RANDY K. JONES

4

07CR3272-JAH