Free Response to Motion - District Court of Arizona - Arizona

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Terry Goddard Attorney General Susanna C. Pineda, (011293) Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7660 Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Isadore Baptisto, No. CV03-1393 PHX SRB (DKD) Plaintiff, v. Charles R. Ryan, et al., Defendants. RESPONSE TO "MOTION FOR COURT TO ORDER DEPUTY WARDEN AT EYMAN COMPLEX SMU II TO ALLOW PLAINTIFF REVIEW AND INSPECT EVIDENCE"

Defendants, by and through undersigned counsel, hereby advises this Court that they have arranged for Plaintiff to view all exhibits noted in Plaintiff's motion. On January 24, 2006, undersigned counsel telephonically instructed CO III Munz to permit Plaintiff Baptisto to view the "Corrections" video mailed to him by Ms. Margaret Wilson. She further instructed that the tape should then be placed in Plaintiff Baptisto's property for later use in trial. Defendants had previously sent a copy of the same "Corrections" video to CO III Munz to arrange for viewing by Plaintiff Baptisto, as well as Inmates Diaz and Mullins. That tape was sent to defense counsel by a friend of Inmate Mullins. The original tape is in the case file for safe keeping and will be brought to court for Inmate Mullins' use at

Case 2:03-cv-01393-SRB

Document 87

Filed 01/24/2006

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trial. These inmates have identical cases currently pending a consolidated trial before this Court. Mr. Baptisto can confirm that the videos in question are identical. RESPECTFULLY SUBMITTED this 24th of January, 2006. TERRY GODDARD Attorney General

s/ Susanna C. Pineda Susanna C. Pineda Assistant Attorney General Attorneys for Defendant Original e-filed this 24th day of Janurary, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, Arizona 85003-2118 Copy mailed the same date to: Isadore Baptisto, ADC #060090 ASPC-Eyman, SMU II P.O. Box 3400 Florence, AZ 85232 Pro Per s/ Colleen S. Jordan Secretary to: Susanna C. Pineda IDS03-0427/RSK:G03-03725 #943751

Case 2:03-cv-01393-SRB

Document 87

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Filed 01/24/2006

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