Free Motion to Dismiss Counts (Less Than All) - District Court of Arizona - Arizona

USA v Augustiniak Discovery Request 12/1/05 Page 1 of 4

PATRICIA A. GITRE, P.L.C. ATTORNEY AT LAW 331 N. FIRST AVENUE SUITE 150 PHOENIX, ARIZONA 85003-4527
Patricia A. Gitre Katherine F. McLeod (Of Counsel)

12/1/05
Via first class mail/email or facsimile

Mr. Keith Vercauteran Mr. Tim Duax Asst. U.S. Attorneys Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, AZ 85004 Re: Kevin Augustiniak CR03-1167-PHX-DGC Gentlemen: This request for disclosure of scientific materials pertains to all DNA testing performed in the case of State of Arizona v. Kevin Augustiniak or United States v Augustiniak, and applies to all DNA testing that has been, is currently being, or will be performed in the instant case as to any individuals including but not limited Michael Kramer, Paul Eischeid, David LeMoine and any unnamed individuals named by Kramer as participating in the Garcia murder. The request is ongoing. In the event that new materials responsive to this request are produced, discovered, or otherwise come into the possession of the prosecution or its agents, said materials should be provided to without delay. If you are withholding any data or results, please inform me immediately so that we may resolve any issues with the court.

Telephone: 602-452-2918 Facsimile: 602-532-7950 [email protected]

Case 2:03-cr-01167-DGC

Document 973-2

Filed 12/14/2005

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USA v Augustiniak Discovery Request 12/1/05 Page 2 of 4

1. Case file: Please provide a complete copy of the case file including all records made by the laboratory in connection with this case, including reports and bench-notes pertaining to the description of items of evidence, presumptive testing, serology and all DNA testing. Please provide photographic or digital copies of all photographs and X-ray film copies of any X-ray films. 2. Laboratory Protocols: Please provide a copy of all standard operating protocols (SOPs) used in connection with the testing in this case including interpretation guidelines. To minimize any burden of duplicating these items, we invite you to provide them in electronic form. 3. Chain of custody and current disposition of evidence: Please provide copies of all records that document the treatment and handling of biological evidence in this case, from the initial point of collection up to the current disposition. This information should include documentation which indicates where and how the materials were stored (temperature and type of container), the amount of evidence material which was consumed in testing, the amount of material which remains, and where and how the remaining evidence is stored (temperature and type of container). 4. Software: Please provide a list of all commercial software programs used in the DNA testing in this case, including name of software program, manufacturer and version used in this case. 5. Data files: Please provide copies of all data files created in the course of performing the testing and interpreting the data in this case. These files should include all data necessary to, (i) independently reanalyze the raw electronic data and (ii) reconstruct the interpretation performed in this case. In the event that any data file which was created in the course of performing the testing and interpreting the data in this case is not provided in discovery please identify the file by name, file type and provide an explanation for nonproduction of the file. 6. Population Database: Please provide copies of any population database or allelic frequency tables relied upon in making statistical estimates in this case. If the laboratory relied upon published or publicly available data, this request can be satisfied by providing a specific reference to the source.

Telephone: 602-452-2918 Facsimile: 602-532-7950 [email protected]

Case 2:03-cr-01167-DGC

Document 973-2

Filed 12/14/2005

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USA v Augustiniak Discovery Request 12/1/05 Page 3 of 4

7. Documentation of DAB Standard 14: According to the DNA Advisory Board Quality Assurance Standards for Forensic DNA Testing Laboratories, Standard 14, forensic DNA laboratories must "follow procedures for corrective action whenever proficiency testing discrepancies and/or casework errors are detected" and "shall maintain documentation for the corrective action." Please provide a copy of all documentation of corrective actions maintained by the laboratory that performed DNA testing in this case. If the laboratory does not comply with the DAB requirement that it maintain this documentation, it is sufficient to respond: "The laboratory does not comply with the DAB requirement that it document corrective actions." 8. Accreditation: Please provide; 8.1 Copies of all licenses or other certificates of accreditation held by the DNA testing laboratory. 8.2 Copies of documentation pertaining to accreditation including, all internal and external audits, communications and internal memos. 9. In-house Validation: Please provide copies of all validation research conducted by the Arizona Department of Public Safety Laboratory with regard to in-house (internal) validation of; 9.1 9.2 9.3 Quantifiler Y-filer Genemapper

10. Laboratory Personnel: Please provide background information about each person involved in conducting or reviewing the DNA testing performed in this case, including: 10.1 Current resume 10.2 Job description

Telephone: 602-452-2918 Facsimile: 602-532-7950 [email protected]

Case 2:03-cr-01167-DGC

Document 973-2

Filed 12/14/2005

Page 3 of 4

USA v Augustiniak Discovery Request 12/1/05 Page 4 of 4

11. Proficiency Tests: For each analyst who performed, reviewed or supervised the DNA testing in this case, please provide copies of all DNA proficiency tests using any of the DNA tests used in this case. These materials should include for each proficiency test 11.1 11.2 11.3 11.4 The complete proficiency test file Computer data files Evaluations and/or reports by the testing agency Records maintained pursuant to DAB Standard 13.

I am also requesting that you release a sample of Ms. Garcia's DNA as well as Kramer's and Augustiniak's DNA to my custody. As you know in May, 2005, I requested that Detective Dunn obtain two samples of Augustiniak's DNA so that there would be a sample for independent testing. He took two separate swabs from Augustiniak both times he went to CCA. Please let me know when and where I will be able to obtain all items requested. If you have any questions or need additional information please let me know immediately. Thank you. PATRICIA A. GITRE PLC Patricia A. Gitre
Cc: Enc: as stated

Telephone: 602-452-2918 Facsimile: 602-532-7950 [email protected]

Case 2:03-cr-01167-DGC

Document 973-2

Filed 12/14/2005

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