Free Motion for Discovery - District Court of Arizona - Arizona

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 1 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

10

11

Scientific Analysis requests and logs, methods, bench notes, test results for any evidence from search warrant or DNA testing of defendant and other individuals (MCSO DR 01-30095) Complete set of Departmental reports for DR MCSO 01-30095

Rule 16(a)(1)(E) and (F) Brady, Giglio. Defendant needs ample to time to hire own experts. Rule 16(a)(1)(E), Brady, Giglio.

Government agrees to produce all scientific testing and results of forensic evidence and DNA comparison/results. Government states the remaining items are Jencks material Government agrees to produce now

13

ATF agents' surveillance videos and management logs of meeting between CI 376 and Augustiniak, Hyder and Eischeid including but not limited to March 15 and 16, 2002.

Rule 16(a)(1)(E) Brady, Giglio

14

CI 376 Informant's court file including plea, transcripts and judgment of sentence in Maricopa County, Arizona relating to murder of Cynthia Garcia (sealed) (MSCO DR 01-30095)

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

Government has produced some reports already and will provide others when they are received. ORDER ­ GOVT. MUST OBTAIN PO TO REDACT NAMES Government will produce some of the remaining reports 6 weeks before trial and will provide others 2 weeks before trial. DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE PROVIDED ON JULY 1, 2005 E-8 AND TRANSCRIPTS (DEFENSE REQUESTED THE SURVEILLANCE VIDEOS OF THE AGENTS, NOT E8 (ALREADY PROVIDED). GOVT. DID NOT RESPOND TO REQUEST FOR MANAGEMENT LOGS. ROI 9 SAYS THE SURVEILLANCE UNITS MONITORED THE AUDIO AND VIDEO RECORDINGS OF THE CI 376 AT THE TIME. DEFENSE REQUESTS THE ATF MANAGEMENT LOGS WITH THE AGENTS' NOTES RE THAT SURVEILLANCE) GOVERNMENT WILL PRODUCE THESE REPORTS 6 WEEKS BEFORE TRIAL (RESPONSE SAYS GOVT. WILL PRODUCE THESE REPORTS AS OPPOSED TO FILE, TRANSCRIPTS, PLEA ETC.) 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 1 Filed 08/12/2005 Page 1 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 2 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

15

CI 376 Informant's federal court file including but not limited to pleas, transcripts, judgment of sentence relating to or involving the murder of Cynthia Garcia (sealed) (MSCO DR 0130095) CI 376 Informant's ATF FILE including written or oral contracts, letters or agreements with the ATF to act as an informant.

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

16

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

17

CI 376 Informant's written or oral contracts, letters or agreements with any other federal or state agency or United States Attorney

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

18

Names, case numbers or location of state or federal prosecutions in which CI 376 has acted as or testified as an informant

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 2 Filed 08/12/2005 Page 2 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 3 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

19

All known violations of CI 376 Informant's agreement with ATF including acts of drug use, alcohol use, sale/purchase of drugs, acts of violence

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

20

Documents re: any consideration monetary or other benefits bargained for or paid to CI 376 by any federal or state agencies for his employment as an informant including dates and amounts Criminal history and convictions for CI 376

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

21

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

24

CI 790 Informant's federal court file including but not limited to pleas, transcripts, judgment of sentence.

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 3 Filed 08/12/2005 Page 3 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 4 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

25

CI 790 Informant's ATF File including written or oral informant contract, letter or agreement with the ATF to act as an informant .

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

26

CI 790 Informant's written or oral informant contract, letter or agreement with any other federal or state agency or United States Attorney

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

28

All known violations of CI 790 Informant's agreement with ATF including acts of drug use, alcohol use, sale/purchase of drugs, acts of violence

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

29

Documents re: any consideration monetary or other benefits bargained for or paid to CI 790 by any federal or state agencies for his employment as an informant including dates and amounts

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 4 Filed 08/12/2005 Page 4 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 5 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

30

Criminal history and convictions for CI 790

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

34

CI 604 Informant's ATF File including written or oral informant contract, letter or agreement with the ATF to act as an informant .

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

38

Documents re: any consideration monetary or other benefits bargained for or paid to CI 604 by any federal or state agencies for his employment as an informant including dates and amounts. Criminal history and convictions for CI 604

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

39

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

41 42

Grand Jury SDT served on MSCO for Norris, Augustiniak, McDonnell and Randolph Rough notes and logs of all agents, state and federal, re Case No. 78401502-0006

Rule 16(a)(1)(E) Rule 16, Harris

ROI's and calls have already been provided. The Grand Jury SDT will be provided The rough notes will be provided

Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE Government will produce these reports 6 weeks before trial 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE GOVT DOESN'T SAY WHEN IT WILL BE PROVIDED) (SAYS THAT THE ROUGH NOTES WILL BE PROVIDED. GOVT. DOESN'T RESPOND RE THE LOGS)

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 5 Filed 08/12/2005 Page 5 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 6 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

43

Rough notes and logs of all agents, state and federal, re Case No. 78504002-0049 Rough notes and logs of all agents, state and federal, re Case No. 78401503-0054 Rough notes and logs of all agents, state and federal, re Case No. 78504002-0048 Operation Dequiallo ­ LA ATF 78401502-006 ROI 2 Operation Dequiallo ­ LA ATF 78401502-006 ROI 3

Rule 16, Harris

Government agrees to produce now

Provided on July 1, 2005 (DURATION OF CASE WAS OVER TWO YEARS BUT LESS THAN TWO DOZEN PAGES OF NOTES WERE PROVIDED.) (SAYS THAT THE ROUGH NOTES WILL BE PROVIDED. GOVT. DOESN'T RESPOND RE THE LOGS) (NEED TO CHECK WHERE THIS NUMBER CAME FROM. CHUCK SAYS IT IS ON THE VIDEOS) Provided on July 1, 2005 (ALMOST COMPLETELY REDACTED- USELESS ROI) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (PARAGRAPHS REDACTED WHERE CI GOES TO CANDY CAT BAR WITH FEMALE 2/15/02)

44 45 49 50

Rule 16, Harris Rule 16, Harris Rule 16(a)(1)(E), Brady, Giglio,Roviaro1 Rule 16(a)(1)(E), Brady, Giglio

The rough notes will be provided This case number does not correspond to this case. Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district.

52

Operation Dequiallo ­ LA ATF 78401502-006 ROI 5

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

53

Operation Dequiallo ­ LA ATF 78401502-006 ROI 6

Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now

1

Operation Dequiallo is the California, Arizona, Nevada, Alaska and Washington ATF HAMC investigation which utilized CI 376 Michael Kramer for most if not all audio and video recordings. The investigation of the Garcia murder was conducted within Operation Dequiallo as well as the Fabricant investigation. Michael Kramer testified on behalf the US government in US v Fabricant in July, 2004.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 6 Filed 08/12/2005 Page 6 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 7 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

54

Operation Dequiallo ­ LA ATF 78401502-006 ROI 7 Operation Dequiallo ­ LA ATF 78401502-006 ROI 8 Operation Dequiallo ­ LA ATF 78401502-006 ROI 10

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district.

55 56

Provided on July 1, 2005 (PARAGRAPH AND SENTENCES REDACTED WHERE CI GOES TO CANDY CAT BAR WITH FEMALE 2/15 & 2/16/02) Provided on July 1, 2005 (PARAGRAPHS AND SENTENCES REDACTED AFTER CI DRUG BUY AT FABRICANT'S 2/16/02) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (PARAGRAPHS AND SENTENCES REDACTED RE CI 3/28/02) Provided on July 1, 2005 (TWO PARAGRAPHS REDACTED @ 4/4/02) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

57 58 59

Operation Dequiallo ­ LA ATF 78401502-006 ROI 11 Operation Dequiallo ­ LA ATF 78401502-006 ROI 12 Operation Dequiallo ­ LA ATF 78401502-006 ROI 13

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district.

60

Operation Dequiallo ­ LA ATF 78401502-006 ROI 14

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 7 Filed 08/12/2005 Page 7 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 8 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

61

Operation Dequiallo ­ LA ATF 78401502-006 ROI 15

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (GOVT. DID NOT PRODUCE 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

62

Operation Dequiallo ­ LA ATF 78401502-006 ROI 16

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

63

Operation Dequiallo ­ LA ATF 78401502-006 ROI 17

Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now

64

Operation Dequiallo ­ LA ATF 78401502-006 ROI 19

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (PARAGRAPH REDACTED RE 4/18/02 SURVEILLANCE OF CI BY AGENTS)

65

Operation Dequiallo ­ LA ATF 78401502-006 ROI 20

Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 8 Filed 08/12/2005 Page 8 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 9 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

66

Operation Dequiallo ­ LA ATF 78401502-006 ROI 22

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (PARAGRAPH REDACTED RE 4/18/02 SURVEILLANCE OF CI BY AGENTS) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (4 paragraphs redacted re surveillance of CI by agents @6/30/02)

67

Operation Dequiallo ­ LA ATF 78401502-006 ROI 25

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

68

Operation Dequiallo ­ LA ATF 78401502-006 ROI 29

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

69 70

Operation Dequiallo ­ LA ATF 78401502-006 ROI 30 Operation Dequiallo ­ LA ATF 78401502-006 ROI 31

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district.

71

Operation Dequiallo ­ LA ATF 78401502-006 ROI 32

Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 9 Filed 08/12/2005 Page 9 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 10 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

72

Operation Dequiallo ­ LA ATF 78401502-006 ROI 33

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

75

Operation Dequiallo ­ LA ATF 78401502-006 ROI 36

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

76

Operation Dequiallo ­ LA ATF 78401502-006 ROI 37

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

78

Operation Dequiallo ­ LA ATF 78401502-006 ROI 40

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 10 Filed 08/12/2005 Page 10 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 11 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

79

Operation Dequiallo ­ LA ATF 78401502-006 ROI 41

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

80

Operation Dequiallo ­ LA ATF 78401502-006 ROI 42

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

81

Operation Dequiallo ­ LA ATF 78401502-006 ROI 43

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

82

Operation Dequiallo ­ LA ATF 78401502-006 ROI 44

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 11 Filed 08/12/2005 Page 11 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 12 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

83

Operation Dequiallo ­ LA ATF 78401502-006 ROI 45

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (NAMES REDACTED RE 10/3/02 SURVEILLANCE OF CI BY AGENTS. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

84

Operation Dequiallo ­ LA ATF 78401502-006 ROI 46

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

85

Operation Dequiallo ­ LA ATF 78401502-006 ROI 47

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

86 87

Operation Dequiallo ­ LA ATF 78401502-006 ROI 48 Operation Dequiallo ­ LA ATF 78401502-006 ROI 49

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 12 Filed 08/12/2005 Page 12 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 13 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

88

Operation Dequiallo ­ LA ATF 78401502-006 ROI 50

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

89

Operation Dequiallo ­ LA ATF 78401502-006 ROI 51

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

90

Operation Dequiallo ­ LA ATF 78401502-006 ROI 52

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

91

Operation Dequiallo ­ LA ATF 78401502-006 ROI 53

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 13 Filed 08/12/2005 Page 13 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 14 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

92

Operation Dequiallo ­ LA ATF 78401502-006 ROI 54

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (REDACTIONS RE 10/26/02 OM AT CAVE CREEK AND MESA 5TH ANNIV. PARTY) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (SEVERAL PARAGRAPHS REDACATED RE CI WORKING SECURITY AT SFV CH 10/30/02) Provided on July 1, 2005 (SEVERAL PARAGRAPHS REDACTED RE CI CONVERSATIONS WITH SFV MEMBERS AND WORKING SECURITY 11/5/02 AND 11/6/02) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

93

Operation Dequiallo ­ LA ATF 78401502-006 ROI 55 Operation Dequiallo ­ LA ATF 78401502-006 ROI 56

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district.

94

95 96

Operation Dequiallo ­ LA ATF 78401502-006 ROI 57 Operation Dequiallo ­ LA ATF 78401502-006 ROI 58

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now Government agrees to produce now

97

Operation Dequiallo ­ LA ATF 78401502-006 ROI 59

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 14 Filed 08/12/2005 Page 14 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 15 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

98

Operation Dequiallo ­ LA ATF 78401502-006 ROI 60

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

99

Operation Dequiallo ­ LA ATF 78401502-006 ROI 61

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

100

Operation Dequiallo ­ LA ATF 78401502-006 ROI 62

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

101

Operation Dequiallo ­ LA ATF 78401502-006 ROI 63

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 15 Filed 08/12/2005 Page 15 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 16 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

102

Operation Dequiallo ­ LA ATF 78401502-006 ROI 64

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

103

Operation Dequiallo ­ LA ATF 78401502-006 ROI 65

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

104

Operation Dequiallo ­ LA ATF 78401502-006 ROI 67

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

105

Operation Dequiallo ­ LA ATF 78401502-006 ROI 68

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 16 Filed 08/12/2005 Page 16 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 17 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

106

Operation Dequiallo ­ LA ATF 78401502-006 ROI 69

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

107

Operation Dequiallo ­ LA ATF 78401502-006 ROI 70

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

108

Operation Dequiallo ­ LA ATF 78401502-006 ROI 71

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

109

Operation Dequiallo ­ LA ATF 78401502-006 ROI 72

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 17 Filed 08/12/2005 Page 17 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 18 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

110

Operation Dequiallo ­ LA ATF 78401502-006 ROI 73

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense (GOVT. SAID IT WOULD NOT PRODUCE BUT PRODUCED 7/8/05 ­ RE 12/28/02 CI RECORDING OF MESA CH MEETING) 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

111

Operation Dequiallo ­ LA ATF 78401502-006 ROI 74

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

112

Operation Dequiallo ­ LA ATF 78401502-006 ROI 75

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

113

Operation Dequiallo ­ LA ATF 78401502-006 ROI 76

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 18 Filed 08/12/2005 Page 18 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 19 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

114

Operation Dequiallo ­ LA ATF 78401502-006 ROI 77

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

115

Operation Dequiallo ­ LA ATF 78401502-006 ROI 79

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

116

Operation Dequiallo ­ LA ATF 78401502-006 ROI 80

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

117

Operation Dequiallo ­ LA ATF 78401502-006 ROI 81

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 19 Filed 08/12/2005 Page 19 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 20 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

118

Operation Dequiallo ­ LA ATF 78401502-006 ROI 83

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Provided on July 1, 2005 (SEVERAL PARAGRAPHS REDACTED RE CI CONVERSATION WITH SFV HAMC ERIKSSON 2/26/03) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense (Govt. said it would not produce but produced 7/8/05 re CI recording of West Coast OM 3/15/03 at Berdoo) 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

119

Operation Dequiallo ­ LA ATF 78401502-006 ROI 85

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

120

Operation Dequiallo ­ LA ATF 78401502-006 ROI 86 Operation Dequiallo ­ LA ATF 78401502-006 ROI 92

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district.

121

122

Operation Dequiallo ­ LA ATF 78401502-006 ROI 93

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 20 Filed 08/12/2005 Page 20 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 21 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

123

Operation Dequiallo ­ LA ATF 78401502-006 ROI 94

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense (GOVT. SAID IT WOULD NOT PRODUCE BUT PRODUCED 7/8/05 RE CI RECORDING OF MESA CH MEETING 3/27/03 AND DAVIES GUN BUY) 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

124

Operation Dequiallo ­ LA ATF 78401502-006 ROI 95

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

125

Operation Dequiallo ­ LA ATF 78401502-006 ROI 97

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

127

Operation Dequiallo ­ LA ATF 78401502-006 ROI 100

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 21 Filed 08/12/2005 Page 21 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 22 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

128

Operation Dequiallo ­ LA ATF 78401502-006 ROI 101

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense (GOVT. SAID IT WOULD NOT PRODUCE BUT PRODUCED ON 7/8/05 RE CI RECORDING OF WEST COAST OM 4/12/03 AT CAVE CREEK) 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

129

Operation Dequiallo ­ LA ATF 78401502-006 ROI 102

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

130

Operation Dequiallo ­ LA ATF 78401502-006 ROI 103

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

131

Operation Dequiallo ­ LA ATF 78401502-006 ROI 105

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 22 Filed 08/12/2005 Page 22 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 23 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

132

Operation Dequiallo ­ LA ATF 78401502-006 ROI 106

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

133

Operation Dequiallo ­ LA ATF 78401502-006 ROI 107

Rule 16(a)(1)(E), Brady, Giglio

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

134

Operation Dequiallo ­ LA ATF 78401502-006 ROI 109

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

135

Operation Dequiallo ­ LA ATF 78401502-006 ROI 110

Rule 16(a)(1)(E), Brady, Giglio

136

Operation Dequiallo ­ LA ATF 78401502-006 ROI 111

Rule 16(a)(1)(E), Brady, Giglio

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 23 Filed 08/12/2005 Page 23 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 24 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

137

Operation Dequiallo ­ LA ATF 78401502-006 ROI 112

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

138

Operation Dequiallo ­ LA ATF 78401502-006 ROI 113

Rule 16(a)(1)(E), Brady, Giglio

Also, defendants have made no showing that these reports are material to preparing the defense7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

139

Operation Dequiallo ­ LA ATF 78401502-006 ROI 116

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

140

Operation Dequiallo ­ LA ATF 78401502-006 ROI 117

Rule 16(a)(1)(E), Brady, Giglio

141

Operation Dequiallo ­ LA ATF 78401502-006 ROI 118

Rule 16(a)(1)(E), Brady, Giglio

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 24 Filed 08/12/2005 Page 24 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 25 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

142

Operation Dequiallo ­ LA ATF 78401502-006 ROI 119

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

143

Operation Dequiallo ­ LA ATF 78401502-006 ROI 122

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

144

Operation Dequiallo ­ LA ATF 78401502-006 ROI 124

Rule 16(a)(1)(E), Brady, Giglio

145

Operation Dequiallo ­ LA ATF 78401502-006 ROI 125

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

146

Operation Dequiallo ­ LA ATF 78401502-006 ROI 126

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 25 Filed 08/12/2005 Page 25 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 26 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

147

Operation Dequiallo ­ LA ATF 78401502-006 ROI 127

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

148

Operation Dequiallo ­ LA ATF 78401502-006 ROI 128

Rule 16(a)(1)(E), Brady, Giglio

149

Operation Dequiallo ­ LA ATF 78401502-006 ROI 131

Rule 16(a)(1)(E), Brady, Giglio

150

Operation Dequiallo ­ LA ATF 78401502-006 ROI 132

Rule 16(a)(1)(E), Brady, Giglio

151

Operation Dequiallo ­ LA ATF 78401502-006 ROI 133

Rule 16(a)(1)(E), Brady, Giglio

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 26 Filed 08/12/2005 Page 26 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 27 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

152

Operation Dequiallo ­ LA ATF 78401502-006 ROI 134

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

153

Operation Dequiallo ­ LA ATF 78401502-006 ROI 135

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

154

Operation Dequiallo ­ LA ATF 78401502-006 ROI 136

Rule 16(a)(1)(E), Brady, Giglio

155

Operation Dequiallo ­ LA ATF 78401502-006 ROI 137

Rule 16(a)(1)(E), Brady, Giglio

156

Operation Dequiallo ­ LA ATF 78401502-006 ROI 138

Rule 16(a)(1)(E), Brady, Giglio

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 27 Filed 08/12/2005 Page 27 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 28 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

157

Operation Dequiallo ­ LA ATF 78401502-006 ROI 139

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

158

Operation Dequiallo ­ LA ATF 78401502-006 ROI 140

Rule 16(a)(1)(E), Brady, Giglio

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

159

Operation Dequiallo ­ LA ATF 78401502-006 ROI 141

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

160

Operation Dequiallo ­ LA ATF 78401502-006 ROI 143

Rule 16(a)(1)(E), Brady, Giglio

161

Operation Dequiallo ­ LA ATF 78401502-006 ROI 144

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 28 Filed 08/12/2005 Page 28 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 29 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

162

Operation Dequiallo ­ LA ATF 78401502-006 ROI 145

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

163

Operation Dequiallo ­ LA ATF 78401502-006 ROI 146

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

164

Operation Dequiallo ­ LA ATF 78401502-006 ROI 148

Rule 16(a)(1)(E), Brady, Giglio

165

Operation Dequiallo ­ LA ATF 78401502-006 ROI 149

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

166

Operation Dequiallo ­ LA ATF 78401502-006 ROI 151

Rule 16(a)(1)(E), Brady, Giglio

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 29 Filed 08/12/2005 Page 29 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 30 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

167

Operation Dequiallo ­ LA ATF 78401502-006 ROI 152

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

168

Operation Dequiallo ­ LA ATF 78401502-006 ROI 153

Rule 16(a)(1)(E), Brady, Giglio

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05

169

Operation Dequiallo ­ LA ATF 78401502-006 ROI 154

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

170

Operation Dequiallo ­ LA ATF 78401502-006 ROI 155

Rule 16(a)(1)(E), Brady, Giglio

171

Operation Dequiallo ­ LA ATF 78401502-006 ROI 156

Rule 16(a)(1)(E), Brady, Giglio

Case 2:03-cr-01167-DGC

Document 779-2

EXHIBIT 1 TO MEMO FILED 8-12-05 30 Filed 08/12/2005 Page 30 of 68

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Order dated 7/11/05 ­ Revised 8/11/05 Page 31 of 68
# DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE AND DEFENSE COMMENT AFTER REVIEW OF DISCLOSED MATERIAL

172

Operation Dequiallo ­ LA ATF 78401502-006 ROI 157

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

173

Operation Dequiallo ­ LA ATF 78401502-006 ROI 158

Rule 16(a)(1)(E), Brady, Giglio

174

Operation Dequiallo ­ LA ATF 78401502-006 ROI 159

Rule 16(a)(1)(E), Brady, Giglio

175

Operation Dequiallo ­ LA ATF 78401502-006 ROI 160

Rule 16(a)(1)(E), Brady, Giglio

176

Operation Dequiallo ­ LA ATF 78401502-006 ROI 161

Rule 16(a)(1)(E), Brady, Giglio

Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 ORDER DEFENSE TO SHOW MATERIALITY- SEE DEFENSE MEMO FILED 8-12-05 Also, defendants have made no sh