Free Reply - District Court of Arizona - Arizona

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Barbara Hull, State Bar No. 011890 86 West University Drive, Suite 101A Mesa, Arizona 85201 Telephone: (480)834-0002 Facsimile: (480)834-0003 Attorney for Defendant
IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. ROBERT MCKAY, Defendant.

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Case No.: CR-03-1167-16-PHX-DGC SUPPLEMENT TO DEFENDANT McKAY'S REPLY REGARDING MOTION TO DISMISS PURSUANT TO MASSIAH VIOLATION (Assigned to The Honorable David G. Campbell) (Evidentiary Hearing Requested)

Defendant, Robert McKay, through undersigned counsel, hereby submits the following exhibits referenced in the Motion to Dismiss for Massiah Violation pleadings: A news article published August 27, 2004 in the Arizona Daily Star in Tucson, Arizona recounting the arrests of five alleged Devils Disciples members on August 26, 2004; Excerpts from the Grand Jury transcripts dated August 19, 2004 in Pima County Superior Court Case No. CR2004-3120 wherein Laura Reckart of the Arizona Attorney General's Office presented the testimony of Richard Law of the Tucson Police Department who posed in an uncover capacity as a Devils Disciple,

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which testimony references the Hells Angels on numerous occasions (pages 50, 56, 81); Indictment filed August 19, 2004 in Pima County Superior Court Case No CR2004-3120; Affidavit in Support of Search Warrant No. 03SW0829 in Pima County Superior Court dated November 5, 2003 in the same case, wherein at page 10 the Hells Angels are referenced; A July 26, 2004 minute entry generated in this matter indicating that property taken pursuant to the State Warrant No. 03W0829 was taken "by federal authorities by means of a federal warrant;" January 23, 2004 news article account of the Warlocks Motorcycle Club arraignment held in U.S. District Court wherein Agent Kozlowski testified that "14 of his 15 years with ATF researching and bringing to justice criminals in motorcycle clubs and gangs;" November 15, 2004 minute entry issued by Pima County Superior Court in Case No. CR2004-3120 evidencing that defendant Butz' attorney Alejandro Munoz informed the Court that "an ATF agent spoke to his client without his presence or permission and requests and [sic] order that the State cease and desist from any unauthorized visits to his client." The Assistant Attorney General vowed to "look into the matter." These documents support defendant's position that the two agents were very much involved not only in investigation of motorcycle gangs, but of the Hells Angels specifically. This was not a "totally independent" investigation as claimed by the Government. Mr. McKay's position is that, at the very least, the agents involved in this case have not been forthcoming with this Court through their representations/proffers through the U.S. Attorney's Office. Mr. McKay asks that
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this Court hold an evidentiary hearing requiring the appearance and testimony of Agents Dobyns and Kozlowski so that their sworn testimony can be given to this Court in order to avoid any claims that the U.S. Attorney' s Office has not been fully apprised and/or to avoid any confusion as to what exactly Agents Dobyns and Kozlowski were doing on August 31, 2004. Finally, undersigned counsel begs this Court' s indulgence. With the Court' s courtesy copy of this pleading and with the Government' s copy of this pleading, counsel will provide physical copies of the exhibits referenced. Undersigned asks that she be granted additional time to electronically file these rather lengthy documents for the official record. Once achieved, counsel will notify the Court and counsel. RESPECTFULLY SUBMITTED this 9th of September, 2005.
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Barbara L. Hull, Attorney for Mr. McKay Original filed electronically this date. Courtesy copy of the foregoing sent via email this date to: The Honorable David G. Campbell United States District Court 401 West Washington Street Phoenix, Arizona 85003-0001 at: [email protected] Timothy Duax, Esq. Assistant U.S. Attorney Two Renaissance Square, Suite 1200 40 North Central Avenue Phoenix, Arizona 850034-4408 at: [email protected] Courtesy copies delivered this date to the above with physical copies of referenced exhibits. ____/S/___________________
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