Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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CHANDLER & UDALL, LLP
33 NORTH STONE AVENUE, SUITE 2100

witness named or identified Ms. Vigil as issuing those licenses nor did any prosecution witness attribute inculpatory statements or knowledge to Ms. Vigil. The indictment against Ms. Vigil was based solely on records from MVD computers which showed that the licenses were issued under the identification number assigned to Ms. Vigil for her use in logging into the MVD computer system. 5. MVD employees who administered road tests for drivers seeking licenses at the MVD station at which Ms. Vigil worked shared a single computer terminal. On a typical day, three MVD employees administered road tests. The employee who used the computer terminal first logged used his or her identification number to log in to the MVD computer system. The employees would continue to use the computer terminal throughout the day. MVD computer records would therefore show all transactions on the computer to have been entered under the first employee's identification number. 6. On April 24, 2004, Ms. Vigil was assigned to administer road tests and was the first employee to log into the computer terminal. MVD records show all transactions entered on that computer terminal on that date were entered under Ms. Vigil's identification number. MVD records also establish that Ms. Vigil was out to lunch at the time that the fraudulent licenses in the names of "Sofia Hernandez" and "Ruben Rojas" were issued. (Exhibit "B"). 7. Immediately after being arrested, Ms. Vigil waived her rights to remain silent and to counsel. She told the agents who interviewed her that she was unaware of these crimes and innocent of any wrongdoing. 8. Defense counsel submitted discovery requests to the prosecution for MVD records. Those requests, dated October 13, November 3 and November 18, 2004, are attached as Exhibits "C", "D" and "E", respectively. It was through the -4Case 2:04-cr-00874-RGS Document 111 Filed 03/13/2006 Page 1 of 1

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TUCSON, ARIZONA 85701-1415

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(520) 623-4353

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