Free Response to Motion - District Court of Arizona - Arizona

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 1 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 10 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) Rule 16(a)(1)(E) and (F) Brady, Giglio. Defendant needs ample to time to hire own experts. Government agrees to produce all scientific testing and results of forensic evidence and DNA comparison/results. PO FILED 8/12/05 Govt. to redact names and disclose by Nov. 4; Full disclosure of unredacted docs before trial date by Court established schedule. 1/17/06 ORDER GOVT MAY DEFER. Government will produce some of the Govt. may postpone remaining reports 6 weeks before trial and disclosure within will provide others 2 weeks before trial. "narrow definition" of Defense to Address in Memo re: Jencks, See III of Timing of Disclosure Order: Govt. to confirm 10/21 @ hrg Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER. Government produced E-6 Filed for a PO on August 12, 2005 Government has produced some reports already and will provide others when they are received. Order ­ Govt. must obtain PO to redact names

11

Complete set of Departmental reports for DR MCSO 01-30095

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

Government states the remaining items are Jencks material

12

E-6 BODY WIRE worn by informant CI 376 during meetings with Augustiniak, Hyder and Eisched and any other recordings (audio or video of Augustiniak

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

Gvoernment agrees to produce now ( July, 2005)

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 1 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 2 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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 Government agrees to produce now 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) Filed for a PO on August 12, 2005 PROTECTIVE ORDER GRANTED Full disclosure of documents before trial date by Court established schedule, to follow.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 2 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 3 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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 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 Court says the defense made a PF showing as to items 14-40. See court order dated 10/12/05, p.2, ll. 2324.Disclosure by November,4, 2005 Except as to protective order items Govt filed for PO on 8/12/05 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 3 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 4 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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) 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 Court says the defense made a PF showing as to items 14-40. Disclosure by November,4, 2005 Except as to protective order items Govt field for PO on 8/12/05 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 4 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 5 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 16 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 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 Disclsoure Govt field for PO on 8/12/05 Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005. Except as to protective order items Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 5 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 6 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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 Government will produce these reports 6 weeks before tria 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclsoure l Govt field for PO on 8/12/05 Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 6 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 7 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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 Govt field for PO on 8/12/05 Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items Govt filed Supp. Application to defer certain discovery filed 11/4/05.

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

1/17/06 ORDER GOVT MAY DEFER. Government will produce these reports 6 Govt filed for for PO weeks before trial on 8/12/05 7-11-05 Order Defense to show Court said Defense materiality-See Defense Memo filed made PF showing as 8-12-05 to items 14-40 Defense to address in memo re: Timing Govt filed of Disclosure supplemental PO on November 4, 2005 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 7 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 8 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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 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 Govt filed for PO on 8/12/05 Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 8 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 9 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 21 Criminal history and convictions for CI 376 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 Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 9 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 10 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 22 Medical, psychiatric, psychological history and records for CI 376 Brady, Giglio, Roviaro Rule 16(a)(1)(E) None Government represented that there was none in July, 2005 Govt filed for PO on 8/12/05 Court says the defense made a PF showing as to items 14-40. PROTECTIVE ORDER granted Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER. 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 GOVT FILED PO ON 8/12/05 Court says the defense made a PF showing as to items 14-40. PROTECTIVE ORDER granted

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 10 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 11 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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 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 FILED PO ON 8/12/05 Court says the defense made a PF showing as to items 14-40. PROTECTIVE ORDER granted GOVT FILED PO ON 8/12/05 Court says the defense made a PF showing as to items 14-40. PROTECTIVE ORDER granted

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

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 11 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 12 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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 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 FILED PO ON 8/12/05 Court says the defense made a PF showing as to items 14-40 PROTECTIVE ORDER GRANTED Full disclosure of documents before trial date by Court established schedule, to follow. Government will produce these reports 6 GOVT FILED FOR PO weeks before trial ON 8/12/05 7-11-05 Order Defense to show Court says the defense materiality-See Defense Memo filed made a PF showing as 8-12-05 to items 14-40 Defense to address in memo re: Timing PROTECTIVE ORDER of Disclosure GRANTED Full disclosure of documents before trial date by Court established schedule, to follow.

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

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 12 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 13 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 30 Criminal history and convictions for CI 790 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 GOVT FIELD FOR PO ON 8/12/05 Court says the defense made a PF showing as to items 14-40 PROTECTIVE ORDER GRANTED Full disclosure of documents before trial date by Court established schedule, to follow. Government will produce these reports 6 Court says the defense weeks before trial made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed PROTECTIVE ORDER 8-12-05 GRANTED Full Defense to address in memo re: Timing disclosure of of Disclosure documents before trial date by Court established schedule, to follow.

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

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 13 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 14 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 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. 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 Court says the defense made a PF showing as to items 14-40 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER. 39 Criminal history and convictions for CI 604 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 Court says the defense made a PF showing as to items 14-40 PROTECTIVE ORDER GRANTED Full disclosure of documents before trial date by Court established schedule, to follow.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 14 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 15 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 40 Medical history and records for CI 604 Brady, Giglio, Roviaro Rule 16(a)(1)(E) None Court says the defense made a PF showing as to items 14-40 - Under protective order??? Govt filed Supp. Application to defer certain discovery filed 11/4/05 Order 1/17/06 ­ NO SUCH MATERIAL NOT GRANTED. . GOVT SOUGHT PO ON 8/12/05 PO GRANTED

183

Operation Dequiallo ­ LA ATF 78401502-006 ROI 168

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

Brady, Giglio, Roviaro, Jencks

Government will produce these reports 6 weeks before trial DEFENSE TO ADDRESS IN MEMO RE: TIMING OF DISCLOSURE

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 15 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 16 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 195 Operation Dequiallo ­ LA ATF 78401502-006 E-10 Rule 16(a)(1)(E), Brady, Giglio The government will provide the electronic recordings that correspond to ROIs that are disclosed in this investigation 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Prima facie established on all requested recordings Govt. to promptly produce by Nov. 4 Govt filed Supp. Application to defer certain discovery filed 11/4/05.05. 1/17/06 ORDER GOVT MAY DEFER. Prima facie established on all requested recordings - Govt. to promptly produce by Nov. 4 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

206

Operation Dequiallo ­ LA ATF 78401502-006 E-25

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

The government will provide the electronic recordings that correspond to ROIs that are disclosed in this investigation

7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 16 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 17 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 208 Operation Dequiallo ­ LA ATF 78401502-006 E-28 Rule 16(a)(1)(E), Brady, Giglio The government will provide the electronic recordings that correspond to ROIs that are disclosed in this investigation 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Prima facie established on all requested recordings - Govt. to promptly produce by Nov. 4 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER. Prima facie established on all requested recordings - Govt. to promptly produce by Nov. 4 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER. EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 17 of 24

212

Operation Dequiallo ­ LA ATF 78401502-006 E-32

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

The government will provide the electronic recordings that correspond to ROIs that are disclosed in this investigation

7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 18 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 230 Operation Dequiallo ­ LA ATF 78401502-006 E-51 Rule 16(a)(1)(E), Brady, Giglio The government will provide the electronic recordings that correspond to ROIs that are disclosed in this investigation 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Prima facie established on all requested recordings - Govt. to promptly produce by Nov. 4 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 18 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 19 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 243 Operation Dequiallo ­ LA ATF 78401502-006 E-65 Rule 16(a)(1)(E), Brady, Giglio The government will provide the electronic recordings that correspond to ROIs that are disclosed in this investigation 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 DEFENSE ESTABLISHED Prima facie established on all requested recordings - Govt. to promptly produce by Nov. 4 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER.

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 19 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 20 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 255 Operation Dequiallo ­ LA ATF 78401502-006 E-84 Rule 16(a)(1)(E), Brady, Giglio The government will provide the electronic recordings that correspond to ROIs that are disclosed in this investigation 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Prima facie established on all requested recordings - Govt. to promptly produce by Nov. 4 Govt filed Supp. Application to defer certain discovery filed 11/4/05. 1/17/06 ORDER GOVT MAY DEFER. 366 Hell's Angels Motorcycle Club ­ Phoenix 785040-02-0049 non-redacted ROI's (see HAMC ROI Redaction List attached as Addendum A) Rule 16(a)(1)(E), Brady, Giglio Brady, Giglio, Roviaro, Jencks Government will produce these reports 6 weeks before trial DEFENSE TO ADDRESS IN MEMO RE: TIM ING OF DISCLOSURE GOVT FILED PO ON 8/12/05 PO GRANTED GOVERNMENT DISCLOSED ON 11/4/05

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 20 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 21 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 438 Photographs and handwritten roster provided by CI 376 (HAMC ROI 5 785040-02-0049) Rule 16(a)(1)(E), Brady, Giglio Brady, Giglio, Roviaro, Jencks Government will produce these reports 6 weeks before trial Defense to address in memo re: Timing of Disclosure 8/12/05 GOVT FILED FOR PO PROTECTIVE ORDER GRANTED. Full disclosure of documents before trial date by Court established schedule, to follow. 8/12/05 GOVT FILED FOR PO PROTECTIVE ORDER GRANTED. Full disclosure of documents before trial date by Court established schedule, to follow. 8/12/05 GOVT FILED FOR PO PROTECTIVE ORDER GRANTED. Full disclosure of documents before trial date by Court established schedule, to follow.

439

Handwritten notes provided by CI 790 (HAMC ROI 9 9785040-02-0049)

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

Brady, Giglio, Roviaro, Jencks

Government will produce these reports 6 weeks before trial Defense to address in memo re: Timing of Disclosure

440

Handwritten notes provided by CI 790 (HAMC ROI 15 15785040-02-0049)

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

Brady, Giglio, Roviaro, Jencks (same as #439) (not the same. Two different ROI's.

Government will produce these reports 6 weeks before trial Defense to address in memo re: Timing of Disclosure

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 21 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 22 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06 441 Arrest Warrant and supporting documents re Rudy Kramer 10/30/02 (DPS) Rule 16(a)(1)(E), Brady, Giglio Brady, Giglio, Roviaro, Jencks 8/12/05 GOVT FILED FOR PO PROTECTIVE ORDER GRANTED. Full disclosure of documents before trial date by Court established schedule, to follow. PROTECTIVE Government will produce these tapes 6 weeks before trial (Order ­ Govt. agrees ORDER GRANTED. Full disclosure of to disclose interviews of civilian documents before witnesses.) trial date by Court Defense to address in memo re: established Timing of Disclosure schedule, to follow. Order ­ Govt. produced on 8/12/05. The Govt filed Supp. rest will be produced with the six week Application to defer material. certain discovery filed 11/4/05. Government will produce these reports 6 weeks before trial Defense to address in memo re: Timing of Disclosure Order 1/17/06 states: May defer except as to statements by Kelly & Watkins. Statements to be disclosed 1-27-05

456

Audio tapes of interviews by MCSO of witnesses re murder investigation

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

Brady, Giglio, Roviaro, Jencks

459

All investigative reports or tape recordings concerning the accusation that Craig Kelly or Hank Watkins beat up David Gutierrez including any statements Kelly or Watkins may have made related thereto. .

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

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 22 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 23 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06
461 The hundreds of surveillance videos of the undercover agents during the HAMC investigation conducted in Arizona which includes but is not limited to surveillance tapes from vehicles, planes, pole camera and any other electronic surveillance both audio and video Notes, logs, still photos related to the hundreds of surveillance videos of the undercover agents during the HAMC investigation conducted in Arizona which includes.

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

Most of the surveillance video and tapes have been provided. The only remaining video and photos depict undercover officers and CIs Most of the photos have been provided. The only remaining photos depict undercover officers and CIs Most of the photos have been provided. The only remaining photos depict undercover officers and CIs

462

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

On July 1, 2005, the Government provided 5 VHS tapes regarding surveillance, as well as all surveillance notes from the Arizona investigation. Government will produce the remaining tapes 6 weeks before trial (Order ­ Govt. must seek PO to withhold) Government will produce these photos 6 weeks before trial (Order ­ Govt. must seek PO to withhold)

PROTECTIVE ORDER GRANTED. Full disclosure of documents before trial date by Court established schedule, to follow. PROTECTIVE ORDER GRANTED. Full disclosure of documents before trial date by Court established schedule, to follow. PROTECTIVE ORDER GRANTED. Full disclosure of documents before trial date by Court established schedule, to follow.

470

Color photos such as the ruse killing of the Mongol

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

Government will produce these photos 6 weeks before trial (Order ­ Govt. must seek PO to withhold)

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 23 of 24

USA v Johnston, et al CR03-1167-PHX-DGC

GOVERNMENT'S ITEMS ON EX PARTE APPLICATION TO DEFER CERTAIN DISCOVERY FILED 8/12/05 AND 11/4/05. Page 24 of 24 Prepared 02/06 # DEFENSE REQUEST AND BASIS FOR REQUEST GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Per Court's Orders dated 10/11/05 and 10/20/05 and 1/17/06
471 Video of ruse killing of the Mongol

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

The video depicts undercover officers and CIs

Government will produce these photos 6 weeks before trial (Order ­ Govt. must seek PO to withhold)

DISCOVERY FOUND ON OR ABOUT JANUARY 6, 2006

PROTECTIVE ORDER GRANTED. Full disclosure of documents before trial date by Court established schedule, to follow. GOVT CLAIMS PROTECTIVE ORDER WAS GRANTED

EXHIBIT 2 TO DEFENDANT'S RESPONSE TO MOTION TO DISMISS WITHOUT PREJUDICE AND DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF ALL DISCOVERY PAG/BEW prepared 11/17/05; BEW Revised 1/19/06 Case 2:03-cr-01167-DGC Document 1281-2 Filed 02/27/2006 Page 24 of 24