Free Motion for Discovery - District Court of California - California

Case 3:07-cr-03214-H

Document 6-2

Filed 01/24/2008

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RICARDO M. GONZALEZ Attorney at Law State Bar No. 98993 101 West Broadway, Suite 1950 San Diego, CA 92101 Tel: (619) 238-9910 FAX: 238-9914 Attorney for Defendant EDWARD DOUGLAS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
(Honorable Marilyn L. Huff)

11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. TO COMPEL FURTHER DISCOVERY Mr. Edward Douglas requests the following discovery pursuant to Fed. R. Crim. P. 16: (a) All written and oral statements made by him. This request includes, but is not limited to any I. FACTUAL STATEMENT The following statement of facts is taken from information provided by law enforcement and is subject to modification, additions and/or dispute by defendant at a future time. On or about September 19, 2007, an Indictment was filed against EDWARD DOUGLAS, charging him with Title 8, U. S. C., Sec. 2 - Aiding and Abetting; Title 8 U. S. C., Secs. 1324 (a) (1) (A) (ii) and (v) (I I) - Transportation of Illigal Aliens and Aiding and Abetting. ) ) Plaintiff, ) ) vs. ) ) EDWARD DOUGLAS, ) ) ) Defendant. ) __________________________________________) Case No. 07cr02605 POINTS AND AUTHORITIES IN SUPPORT OF MOTIONS TO COMPEL FURTHER DISCOVERY, AND FOR FURTHER MOTIONS Date: January 22, 2008 Time: 2:00 p.m. Dept.: Honorable Marilyn L. Huff

Case 3:07-cr-03214-H

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Filed 01/24/2008

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rough notes, records, reports, transcripts or other documents in which statements of Mr. Douglas are contained. It also includes the substance or any oral statements which the government intends to introduce at trial, together with any rough notes of any statements. Mr. Douglas has been given no discovery thus far. These documents are discoverable under Federal R. Crim. P. 16(a)(1)(A); (b) All documents, statements, agents' reports and tangible evidence favorable to Mr. Douglas on the issue of guilt and/or which affects the credibility of the government's case. This evidence must be produced to Mr. Douglas pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and United States vs. Agurus, 427 U.S. 97 (1976). (c) All evidence, documents and information, including audio tapes pertaining to any prior arrests, deportations and convictions or prior bad acts. Evidence of prior record is available under Federal R. Crim. P. 16(a)(1)(B). Evidence or prior similar acts is discoverable under Fed. R. Crim. P. 16(a)(1)(C); (d) All evidence seized in this case. These materials are available pursuant to Fed. R. Crim. P. 16(a)(1)(C); (e) All statements which exculpate Mr. Douglas or any other person whom the government alleges is a co-conspirator with Mr. Douglas. Any statement which exculpates Mr. Douglas is discoverable, since the government will argue that statement may be attributed to Mr. Douglas under Fed. R. Evid. 801(d)(2)(E). See United States v. Konefal, 556 F. Supp. 698, 705, 07 (N.D.N.Y. 1983); United States v. Thevis, 84 F.R.D. 47, 56-57, (N.D.G.A. 1979); (f) All other real and physical evidence, including photograph books, documents, photographs, tangible and other objects which the government intends to introduce in its case-in-chief. Photographs taken contemporaneously with the arrest are relevant and material to the defense. These are discoverable under Fed. R. Crim. P. 16(a)(1)(C); (g) Any and all results, reports, and other documents pertaining to any fingerprint analysis performed on any exhibit. This discoverable under Fed. R. Crim. P. 16(a)(1)(C); (h) Any and all results and reports of scientific tests or experiments, including DEA Forms 7 and 7a. This is available under Fed. R. Crim. P. 16(a)(1)(D). (i) Any Jencks (18 U.S.C. sec. 1300) materials, including but not limited to the testimony before the Grand Jury. All materials should be promptly disclosed to the defense to avoid delay at the time of

Case 3:07-cr-03214-H

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Filed 01/24/2008

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trial and to allow an opportunity to evaluate, and possible conduct further investigation is necessary. (j) Any and all raw notes made by investigative officers of all witnesses interviewed. United States vs. Harris, 542 F.2d 1904 (9th Cir. 1976). III. MR. DOUGLAS SHOULD BE ABLE TO FILE FURTHER MOTIONS BASED UPON FACTS AND CIRCUMSTANCES THAT THE FIRST BECOMES AWARE OF BASED UPON FURTHER INFORMATION OR DISCOVERY. Mr. Edward Douglas, respectfully requests this Court to grant his leave to make further motions

8 based upon additional information, evidence or discovery occurring prior, during or after this motion 9 date. This, or course, is based upon new or additional information being obtained after the preparation, 10 filing or motion hearing on this matter. 11 12 13 14 15 DATED: January 22, 2008 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/Ricardo M. Gonzalez Ricardo M. Gonzalez. Attorney for Defendant IV. CONCLUSION Defendant Edward Douglas requests the previously discussed motions be Granted.