Free Motion to Compel - District Court of California - California

Case 3:07-cr-03134-W

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1 FREDERICK M. CARROLL California State Bar No. 227628 2 424 F Street, Suite A San Diego, CA 92101 3 Telephone: 619-702-3251 4 Attorneys for Ms. Noriega 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 (HONORABLE THOMAS J. WHELAN) 9 ) ) Plaintiff, ) 11 v. ) ) 12 CARISSA NORIEGA, ) ) 13 Defendant. ) _________________________________ ) 14 10 I. 15 FACTUAL HISTORY 16 On December 19, 2007, the government secured an indictment against Ms. 17 Noriega. In the indictment, the government alleges violations of 21 U.S.C. §§ 952 and 960, 18 importation of cocaine, along with an alleged violations of 21 U.S.C. § 841(a)(1), Possession 19 of cocaine with intent to distribute. 20 II. 21 MOTION TO COMPEL DISCOVERY 22 Ms. Noriega requests the following discovery. Her request is not limited to 23 those items that the prosecutor knows of. It includes all discovery listed below that is in the 24 custody, control, care, or knowledge of any "closely related investigative [or other] 25 agencies." See United States v. Bryan, 868 F.2d 1032 (9th Cir. 1989). 26 (1) Brady Information. The defendant requests all documents, statements, 27 agents' reports, and tangible evidence favorable to the defendant on the issue of guilt and/or 28 UNITED STATES OF AMERICA, CASE NO. 07CR3131 STATEMENT OF FACTS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTIONS.

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1 which affects the credibility of the government's case. Under Brady v. Maryland, 373 U.S. 2 83 (1963), impeachment as well as exculpatory evidence falls within the definition of 3 evidence favorable to the accused. United States v. Bagley, 473 U.S. 667 (1985); United 4 States v. Agurs, 427 U.S. 97 (1976). 5 (2) Any Proposed 404(b) Evidence. The government must produce evidence

6 of prior similar acts under Fed. R. Crim. P. 16(a)(1) and Fed. R. Evid. 404(b) and any prior 7 convictions which would be used to impeach as noted in Fed. R. Crim. P. 609. In addition, 8 under Fed. R. Evid. 404(b), "upon request of the accused, the prosecution . . . shall provide 9 reasonable notice in advance of trial . . . of the general nature" of any evidence the 10 government proposes to introduce under Fed. R. Evid. 404(b) at trial. The defendant requests 11 notice two weeks before trial to give the defense time to investigate and prepare for trial. 12 (3) Request for Preservation of Evidence. The defendant requests the

13 preservation of all physical evidence that may be destroyed, lost, or otherwise put out of the 14 possession, custody, or care of the government and which relate to the arrest or the events 15 leading to the arrest in this case. This request includes, but is not limited to, the results of 16 any fingerprint analysis, the defendant's personal effects, and any evidence seized from the 17 defendant or any third party. 18 (4) Defendant's Statements. The defendant requests disclosure and production

19 of all statements made by the defendant. This request includes, but is not limited to, the 20 substance of any oral statement made by the defendant, Fed. R. Crim. P. 16(a)(1)(A), and any 21 written or recorded statement made by the defendant. Fed. R. Crim. P. 16(a)(1)(B)(i)-(iii). 22 (5) Tangible Objects. The defendant seeks to inspect and copy as well as test,

23 if necessary, all other documents and tangible objects, including photographs, books, papers, 24 documents, alleged narcotics, fingerprint analyses, vehicles, or copies of portions thereof, 25 which are material to the defense or intended for use in the government's case-in-chief or 26 were obtained from or belong to the defendant. Fed. R. Crim. P. 16(a)(1)(E). 27 (6) Expert Witnesses. The defendant requests the name, qualifications, and a

28 written summary of the testimony of any person that the government intends to call as an 2 07CR3134

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1 expert witness during its case in chief. Fed. R. Crim. P. 16(a)(1)(G). 2 (7) Witness Addresses. The defendant requests access to the government's

3 witnesses. Thus, counsel requests a witness list and contact phone numbers for each 4 prospective government witness. Counsel also requests the names and contact numbers for 5 witnesses to the crime or crimes charged (or any of the overt acts committed in furtherance 6 thereof) who will not be called as government witnesses. 7 (8) Jencks Act Material. Ms. Noriega requests production in advance of trial

8 of material discoverable under the Jencks Act, 18 U.S.C. § 3500. Advance production will 9 avoid needless delays at pretrial hearings and at trial. This request includes any "rough" 10 notes taken by the agents in this case. This request also includes production of transcripts 11 of the testimony of any witness before the grand jury. See 18 U.S.C. § 3500(e)(1)-(3). 12 (9) Informants and Cooperating Witnesses. Ms. Noriega requests disclosure of

13 the name(s), address(es), and location(s) of all informants or cooperating witnesses used or 14 to be used in this case, and in particular, disclosure of any informant who was a percipient 15 witness in this case or otherwise participated in the crime charged against Ms. Noriega. 16 Roviaro v. United States, 353 U.S. 52, 61-62 (1957). The government must disclose any 17 information derived from informants which exculpates or tends to exculpate Ms. Noriega. 18 Brady v. Maryland, 373 U.S. 83 (1963). The government must disclose any information 19 indicating bias on the part of any informant or cooperating witness. Id. 20 (10) Residual Request. Ms. Noriega intends by this discovery motion to invoke

21 his rights to discovery to the fullest extent possible under the Federal Rules of Criminal 22 Procedure and the Constitution and laws of the United States. 23 24 25 III. MOTION FOR LEAVE TO FILE FURTHER MOTIONS Ms. Noriega has received in discovery 29 pages of discovery. Therefore, given

26 defense counsel's upcoming schedule, Ms. Noriega needs a bit more time to determine 27 whether there are further motions to be filed in this case. Defense counsel requests leave to 28 file further motions. 3 07CR3134

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1 2 3 4 5 6 7 Dated: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 January 24, 2008

VI. CONCLUSION Ms. Noriega requests this Court grant his motions. Respectfully submitted, /s/ Frederick M. Carroll.

FREDERICK M. CARROLL Attorney for Ms. Noriega

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