Free Motion for Discovery - District Court of California - California

Case 3:07-cr-03213-BEN Gregory D. Obenauer 1901 First Ave. Ste. 213 San Diego, CA. 92101 (619) 230-1523

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Attorney for ROSENDO RODRIGUEZ-GONZALEZ

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HONORABLE ROGER T. BENITEZ ) ) ) ) ) ) ) No. 07CR3213 BEN NOTICE OF DISCOVERY MOTION and AMENDED MOTION FOR DISCOVERY

13 UNITED STATES OF AMERICA 14 15 16 v. ROSENDO RODRIGUEZ-GONZALEZ Plaintiff

Date: Monday, June 2, 2008 Time: 2:00 p.m. 17 TO: HONORABLE JUDGE ROGER T. BENITEZ , ASSISTANT U.S. ATTORNEY ALLESANDRA SERANO , COUNSEL FOR THE ABOVE-NAMED PLAINTIFF: 18 PLEASE TAKE NOTICE that on Monday June 2, 2008 at 2:00 p.m., or as soon thereafter as 19 counsel may be heard, the defendant (Mr. RODRIGUEZ), by and through his counsel, Gregory D. 20 Obenauer, will move for orders granting a motion for continuance for a status of discovery hearing 21 and discovery as requested 22 23 24 25 26 27 28
Gregory D. Obenauer

Respectfully Submitted, s/ g. obenauer Gregory D. Obenauer Attorney for RODRIGUEZ

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Gregory D. Obenauer

GREGORY D. OBENAUER State Bar No. 103036 1901 First Ave. Sue. 213 San Diego, CA. 92101 (619) 230-1523 Attorney for Resendo RODRIGUEZ-Gonzalez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HONORABLE JUDGE ROGER T. BENITEZ UNITED STATES OF AMERICA v. Plaintiff ) No. 07CR3213 BEN ) ) STATEMENT OF FACTS ) AND MEMORANDUM OF POINTS & ) AUTHORITIES IN SUPPORT OF ) AMENDED MOTION ) FOR DISCOVERY ) ) )

Mr. Rosendo RODGRIGUEZ-Gonzalez Defendant

STATEMENT OF FACTS PERTAINING TO Mr GONZALEZ The following statement of facts is based, in part, on materials received from the government. Mr. Rodriguez-Gonzalez does not accept this statement of facts as his own, and reserves the right to take a contrary position at motions hearing and trial. The facts alleged in these motions are subject to amplification and/or modification at the time these motions are heard. In an indictment filed in November 2007, the government charged Mr. Rodriguez-Gonzalez with one count of attempted entry after deportation, in violation of 8 U.S.C. § 1326(a) and (b). This indictment was based on Mr. Rodriguez-Gonzalez' October 31, 2007 arrest in a location near the Calexico East Port of Entry by members of the U.S. Border Patrol. Mr. RODRIGUEZ moves for a discovery schedule and the production by the government of the following items. This request is not limited to those items that the prosecutor knows of, but rather includes all discovery listed below that is in the custody, control, care or knowledge of any "closely related investigative (or other) agencies" under U.S v. Bryan 868 F.2d 1032 (9th Cir.),

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cert. denied, 493 U.S. 858 (1989).A discovery schedule is authorized by Rule 16(d)(2) and will serve to avoid delay, conserve judicial resources,prevent surprise, and further the search for the truth at trial. These purposes are central objectives of the discovery process. See Fed. R. Crim. P. 16, advisory committee note, 1974 amendments, and H.R. Report No. 247, 94th Congress, 1st Sews. 13 (1975) Therefore, Mr.GONZALEZ requests the following discovery 1. MR. RODRIGUEZ-Gonzalez's A file. Although Mr. GONZALEZ requested his "A" file in midNovember (see Ex. I), he has not received a copy of it. It is necessary to review the A file in order to determine what defenses are available. 2 . Giglio Information. Pursuant to Giglio v. United States, 405 U.S. 150 (1972), the defendant requests all statements

11 and/or promises, express or implied, made to any government witnesses, inexchange for their testimony 12 in this case, and all other information which could arguably be used for the impeachment of any 13 government witnesses; 3. Personnel Records of Government Officers Involved in the Arrest. 14 The defendant requests all citizen complaints and other related internal affairs documents 15 involving any of the immigration officers or other law enforcement officers who were involved in the 16 investigation, arrest and interrogation of him, pursuant to Pitchess v. Superior Court, 11 Cal.3d 531, 17 539 (1974). Because of the sensitive nature of these documents, defense counsel will not be able to 18 procure them from any other source. 19 20 21 22 23 24 25 26 27 28
Gregory D. Obenauer

CONCLUSION Mr.RODRIGUEZ has received discovery in his case and requests a continuance of the motion hearing and requests a status hearing, in order to properly evaluate the evidence in this case. Complete Discovery eliminates the need for continuances and the possibility of surprise at trial. The Discovery requested is justified and should be ordered with leave to file further motions. Dated: May 30, 2008 Respectfully Submitted s/ g obenauer Gregory D. Obenauer Attorney for Mr. RODRIGUEZ ,

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Gregory D. Obenauer

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HONORABLE JUDGE ROGER T. BENITEZ UNITED STATES OF AMERICA v. Rodolfo GONZALEZ-Ruiz Defendant I, the undersigned state: 1. I am over eighteen and not a party to this action. 2. My business address is 1901 1st. Ave. Ste. 213, San Diego, California 92101. I certify that the foregoing pleading is true and accurate to the best of my information and belief and that a copy of the foregoing Discovery Motion has been served on opposing counsel by CM/ECF upon: Alessandra Serano , Assistant U.S. Attorney [email protected] Plaintiff ) No.07CR3213 BEN ) ) ) PROOF OF SERVICE ) ) ) ) )

s/ g. obenauer Gregory D. Obenauer

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