USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 1 of 85
Revised 10/20/05
# 10
DEFENSE REQUEST AND BASIS FOR REQUEST 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. Rule 16(a)(1)(E), Brady, Giglio.
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government agrees to produce all scientific testing and results of forensic evidence and DNA comparison/results. Government has produced some reports already and will provide others when they are received. Order Govt. must obtain PO to redact names
Per Court's Order dated 10/11/05
11
Complete set of Departmental reports for DR MCSO 01-30095
Government states the remaining items are Jencks materl
13
ATF agents' surveillance videos and Rule management logs of meeting between CI 16(a)(1)(E) 376 and Augustiniak, Hyder and Eischeid Brady, Giglio including but not limited to March 15 and 16, 2002.
Government agrees to produce now
Govt. to redact names and disclose by Nov. 4; Full disclosure of unredacted docs before trial date by Court established schedule. 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" Defense to Address in Memo re: of Jencks, See III of Timing of Disclosure Order: Govt. to confirm 10/21 @ hrg PROTECTIVE Provided on July 1, 2005 ORDER GRANTED E-8 and transcripts Full disclosure of (Defense requested the surveillance documents before videos of the AGENTS, not E8. Govt. trial date by Court did not respond to request for established management logs. ROI 9 says the surveillance units monitored the audio schedule, to follow. and video recordings of the CI 376 AT THE TIME. Defense requests the ATF management logs with the agents' notes re that surveillance)
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1 Document 855-2 Filed 10/21/2005 Page 1 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 2 of 85
Revised 10/20/05
# 14
DEFENSE REQUEST AND BASIS FOR REQUEST 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)
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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 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
Per Court's Order dated 10/11/05
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 01-30095) 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
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 Court says the defense made a PF showing as to items 14-40. Disclosure by November,4, 2005 Except as to protective order items 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 Disclosure by 8-12-05 November,4, 2005 Defense to address in memo re: Timing Except as to protective of Disclsoure order items Government will produce these reports 6 Court says the defense weeks before tria made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed Disclosure by 8-12-05 November,4, 2005 Defense to address in memo re: Timing Except as to protective of Disclsoure l order items 2 Filed 10/21/2005 Page 2 of 85
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
Document 855-2
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 3 of 85
Revised 10/20/05
# 18
DEFENSE REQUEST AND BASIS FOR REQUEST 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)
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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
Per Court's Order dated 10/11/05 Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items Court says the defense made a PF showing as to items 14 Disclosure by November,4, 2005 Except as to protective order items Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items
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, Brady, Giglio, Roviaro, Roviaro Jencks Rule 16(a)(1)(E)
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, Brady, Giglio, Roviaro, Jencks Roviaro Rule 16(a)(1)(E)
21
Brady, Giglio, Roviaro Rule 16(a)(1)(E)
Brady, Giglio, Roviaro, Jencks
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3 Document 855-2 Filed 10/21/2005 Page 3 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 4 of 85
Revised 10/20/05
# 22
DEFENSE REQUEST AND BASIS FOR REQUEST Medical, psychiatric, psychological history and records for CI 376 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 Rule 16(a)(1)(E)
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE None Government represented that there was none in July, 2005
Per Court's Order dated 10/11/05
24
Brady, Giglio, Roviaro, Jencks
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
Court says the defense made a PF showing as to items 14-40. PROTECTIVE ORDER 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. 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.
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
4 Document 855-2 Filed 10/21/2005 Page 4 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 5 of 85
Revised 10/20/05
# 26
DEFENSE REQUEST AND BASIS FOR REQUEST 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)
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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
Per Court's Order dated 10/11/05
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, Brady, Giglio, Roviaro, Jencks Roviaro Rule 16(a)(1)(E)
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, Brady, Giglio, Roviaro, Jencks Roviaro Rule 16(a)(1)(E)
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. 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. 5
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
Document 855-2
Filed 10/21/2005
Page 5 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 6 of 85
Revised 10/20/05
# 30
DEFENSE REQUEST AND BASIS FOR REQUEST Criminal history and convictions for CI 790 Brady, Giglio, Roviaro Rule 16(a)(1)(E)
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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
Per Court's Order dated 10/11/05
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.
Brady, Giglio, Roviaro Rule 16(a)(1)(E)
Brady, Giglio, Roviaro, Jencks
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. 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 8-12-05 Defense to address in memo re: Timing of Disclosure
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
6 Document 855-2 Filed 10/21/2005 Page 6 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 7 of 85
Revised 10/20/05
# 39
DEFENSE REQUEST AND BASIS FOR REQUEST Criminal history and convictions for CI 604 Brady, Giglio, Roviaro Rule 16(a)(1)(E)
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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
Per Court's Order dated 10/11/05 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. Court says the defense made a PF showing as to items 14-40 Under protective order??? Will be resolved by counsel
40
Medical history and records for CI 604
41
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. 784015-020006 Rough notes and logs of all agents, state and federal, re Case No. 785040-020049 Rough notes and logs of all agents, state and federal, re Case No. 784015-030054
Brady, Giglio, Roviaro Rule 16(a)(1)(E) Rule 16(a)(1)(E) Rule 16, Harris Rule 16, Harris Rule 16, Harris
None
42 43
ROI's and calls have already been provided. The Grand Jury SDT will be provided The rough notes will be provided Government agrees to produce now The rough notes will be provided
Government provided on 8/12/05
Government provided Agents Logs and notes on 8/12/05 Defense needs to review Provided on July 1, 2005 but less than two dozen pages of notes were provided. See #42. If any are missing will be provided on November 4, 2005
44
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7 Document 855-2 Filed 10/21/2005 Page 7 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 8 of 85
Revised 10/20/05
# 45 49
DEFENSE REQUEST AND BASIS FOR REQUEST Rough notes and logs of all agents, state and federal, re Case No. 785040-020048 Operation Dequiallo LA ATF 78401502-006 ROI 2 Rule 16, Harris Rule 16(a)(1)(E), Brady, Giglio,Roviar o1 Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE This case number does not (Need to check where this number correspond to this case. came from. Chuck says it is on the videos) Government agrees to Provided on July 1, 2005 (almost produce now completely redacted)
Per Court's Order dated 10/11/05
50
Operation Dequiallo LA ATF 78401502-006 ROI 3
52
Operation Dequiallo LA ATF 78401502-006 ROI 5
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 agrees to produce now Government agrees to produce now
Also, defendants have made no showing that these reports are material to preparing the defense 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 Provided on July 1, 2005 (paragraphs redacted where CI goes to Candy Cat bar with female 2/15/02) Provided on July 1, 2005 (paragraph and sentences redacted where CI goes to Candy Cat bar with female 2/15 & 2/16/02)
Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
53 54
Operation Dequiallo LA ATF 78401502-006 ROI 6 Operation Dequiallo LA ATF 78401502-006 ROI 7
Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio
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.
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8 Document 855-2 Filed 10/21/2005 Page 8 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 9 of 85
Revised 10/20/05
# 55 56
DEFENSE REQUEST AND BASIS FOR REQUEST 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
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. 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. Government will not produce at this time as ROI is part of an ongoing investigation in another district. 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
Per Court's Order dated 10/11/05
Prima facie established - Govt. to promptly produce by Nov. 4.
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
Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
60
Operation Dequiallo LA ATF 78401502-006 ROI 14
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
9 Document 855-2 Filed 10/21/2005 Page 9 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 10 of 85
Revised 10/20/05
# 61
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 15 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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 agrees to produce now 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 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)
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
62
Operation Dequiallo LA ATF 78401502-006 ROI 16
Rule 16(a)(1)(E), Brady, Giglio
63
Operation Dequiallo LA ATF 78401502-006 ROI 17
Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio
64
Operation Dequiallo LA ATF 78401502-006 ROI 19
Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now
65
Operation Dequiallo LA ATF 78401502-006 ROI 20
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
10 Document 855-2 Filed 10/21/2005 Page 10 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 11 of 85
Revised 10/20/05
# 66
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 22 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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 agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now 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)
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
67
Operation Dequiallo LA ATF 78401502-006 ROI 25
Rule 16(a)(1)(E), Brady, Giglio
68
Operation Dequiallo LA ATF 78401502-006 ROI 29
Rule 16(a)(1)(E), Brady, Giglio
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
Prima facie established - Govt. to promptly produce by Nov. 4.
71
Operation Dequiallo LA ATF 78401502-006 ROI 32
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
11 Document 855-2 Filed 10/21/2005 Page 11 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 12 of 85
Revised 10/20/05
# 72
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 33 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
75
Operation Dequiallo LA ATF 78401502-006 ROI 36
Rule 16(a)(1)(E), Brady, Giglio
76
Operation Dequiallo LA ATF 78401502-006 ROI 37
Rule 16(a)(1)(E), Brady, Giglio
78
Operation Dequiallo LA ATF 78401502-006 ROI 40
Rule 16(a)(1)(E), Brady, Giglio
79
Operation Dequiallo LA ATF 78401502-006 ROI 41
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
12 Document 855-2 Filed 10/21/2005 Page 12 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 13 of 85
Revised 10/20/05
# 80
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 42 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
81
Operation Dequiallo LA ATF 78401502-006 ROI 43
Rule 16(a)(1)(E), Brady, Giglio
82
Operation Dequiallo LA ATF 78401502-006 ROI 44
Rule 16(a)(1)(E), Brady, Giglio
83
Operation Dequiallo LA ATF 78401502-006 ROI 45
Rule 16(a)(1)(E), Brady, Giglio
84
Operation Dequiallo LA ATF 78401502-006 ROI 46
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
13 Document 855-2 Filed 10/21/2005 Page 13 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 14 of 85
Revised 10/20/05
# 85
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 47 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now 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. 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 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4.
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
Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
88
Operation Dequiallo LA ATF 78401502-006 ROI 50
Rule 16(a)(1)(E), Brady, Giglio
89
Operation Dequiallo LA ATF 78401502-006 ROI 51
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
14 Document 855-2 Filed 10/21/2005 Page 14 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 15 of 85
Revised 10/20/05
# 90
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 52 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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 agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now 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 (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)
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
91
Operation Dequiallo LA ATF 78401502-006 ROI 53
Rule 16(a)(1)(E), Brady, Giglio
92
Operation Dequiallo LA ATF 78401502-006 ROI 54
Rule 16(a)(1)(E), Brady, Giglio
93 94
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
95
Operation Dequiallo LA ATF 78401502-006 ROI 57
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
15 Document 855-2 Filed 10/21/2005 Page 15 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 16 of 85
Revised 10/20/05
# 96
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 58 Operation Dequiallo LA ATF 78401502-006 ROI 59 Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government agrees to produce now 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. 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 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
Per Court's Order dated 10/11/05
97
Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
98
Operation Dequiallo LA ATF 78401502-006 ROI 60
Rule 16(a)(1)(E), Brady, Giglio
99
Operation Dequiallo LA ATF 78401502-006 ROI 61
Rule 16(a)(1)(E), Brady, Giglio
100
Operation Dequiallo LA ATF 78401502-006 ROI 62
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
16 Document 855-2 Filed 10/21/2005 Page 16 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 17 of 85
Revised 10/20/05
# 101
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 63 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
102
Operation Dequiallo LA ATF 78401502-006 ROI 64
Rule 16(a)(1)(E), Brady, Giglio
103
Operation Dequiallo LA ATF 78401502-006 ROI 65
Rule 16(a)(1)(E), Brady, Giglio
104
Operation Dequiallo LA ATF 78401502-006 ROI 67
Rule 16(a)(1)(E), Brady, Giglio
105
Operation Dequiallo LA ATF 78401502-006 ROI 68
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
17 Document 855-2 Filed 10/21/2005 Page 17 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 18 of 85
Revised 10/20/05
# 106
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 69 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
107
Operation Dequiallo LA ATF 78401502-006 ROI 70
Rule 16(a)(1)(E), Brady, Giglio
108
Operation Dequiallo LA ATF 78401502-006 ROI 71
Rule 16(a)(1)(E), Brady, Giglio
109
Operation Dequiallo LA ATF 78401502-006 ROI 72
Rule 16(a)(1)(E), Brady, Giglio
110
Operation Dequiallo LA ATF 78401502-006 ROI 73
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
18 Document 855-2 Filed 10/21/2005 Page 18 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 19 of 85
Revised 10/20/05
# 111
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 74 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
112
Operation Dequiallo LA ATF 78401502-006 ROI 75
Rule 16(a)(1)(E), Brady, Giglio
113
Operation Dequiallo LA ATF 78401502-006 ROI 76
Rule 16(a)(1)(E), Brady, Giglio
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.
Prima facie established - Govt. to promptly produce by Nov. 4.
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
19 Document 855-2 Filed 10/21/2005 Page 19 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 20 of 85
Revised 10/20/05
# 115
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 79 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
116
Operation Dequiallo LA ATF 78401502-006 ROI 80
Rule 16(a)(1)(E), Brady, Giglio
117
Operation Dequiallo LA ATF 78401502-006 ROI 81
Rule 16(a)(1)(E), Brady, Giglio
118
Operation Dequiallo LA ATF 78401502-006 ROI 83
Rule 16(a)(1)(E), Brady, Giglio
119
Operation Dequiallo LA ATF 78401502-006 ROI 85
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
20 Document 855-2 Filed 10/21/2005 Page 20 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 21 of 85
Revised 10/20/05
# 120 121
DEFENSE REQUEST AND BASIS FOR REQUEST 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'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government agrees to produce now 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. Provided on July 1, 2005 (several paragraphs redacted re CI conversation with 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 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
Per Court's Order dated 10/11/05
Prima facie established - Govt. to promptly produce by Nov. 4.
122
Operation Dequiallo LA ATF 78401502-006 ROI 93
Rule 16(a)(1)(E), Brady, Giglio
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. Government will not produce at this time as ROI is part of an ongoing investigation in another district.
124
Operation Dequiallo LA ATF 78401502-006 ROI 95
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
21 Document 855-2 Filed 10/21/2005 Page 21 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 22 of 85
Revised 10/20/05
# 125
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 97 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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 (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) 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 West Coast OM 4/12/03 at Cave Creek) 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4.
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. 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.
Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
128
Operation Dequiallo LA ATF 78401502-006 ROI 101
Rule 16(a)(1)(E), Brady, Giglio
129
Operation Dequiallo LA ATF 78401502-006 ROI 102
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
22 Document 855-2 Filed 10/21/2005 Page 22 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 23 of 85
Revised 10/20/05
# 130
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 103 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
131
Operation Dequiallo LA ATF 78401502-006 ROI 105
Rule 16(a)(1)(E), Brady, Giglio
132
Operation Dequiallo LA ATF 78401502-006 ROI 106
Rule 16(a)(1)(E), Brady, Giglio
133
Operation Dequiallo LA ATF 78401502-006 ROI 107
Rule 16(a)(1)(E), Brady, Giglio
134
Operation Dequiallo LA ATF 78401502-006 ROI 109
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
23 Document 855-2 Filed 10/21/2005 Page 23 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 24 of 85
Revised 10/20/05
# 135
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 110 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
136
Operation Dequiallo LA ATF 78401502-006 ROI 111
Rule 16(a)(1)(E), Brady, Giglio
137
Operation Dequiallo LA ATF 78401502-006 ROI 112
Rule 16(a)(1)(E), Brady, Giglio
138
Operation Dequiallo LA ATF 78401502-006 ROI 113
Rule 16(a)(1)(E), Brady, Giglio
139
Operation Dequiallo LA ATF 78401502-006 ROI 116
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
24 Document 855-2 Filed 10/21/2005 Page 24 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 25 of 85
Revised 10/20/05
# 140
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 117 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
141
Operation Dequiallo LA ATF 78401502-006 ROI 118
Rule 16(a)(1)(E), Brady, Giglio
142
Operation Dequiallo LA ATF 78401502-006 ROI 119
Rule 16(a)(1)(E), Brady, Giglio
143
Operation Dequiallo LA ATF 78401502-006 ROI 122
Rule 16(a)(1)(E), Brady, Giglio
144
Operation Dequiallo LA ATF 78401502-006 ROI 124
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
25 Document 855-2 Filed 10/21/2005 Page 25 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 26 of 85
Revised 10/20/05
# 145
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 125 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
146
Operation Dequiallo LA ATF 78401502-006 ROI 126
Rule 16(a)(1)(E), Brady, Giglio
147
Operation Dequiallo LA ATF 78401502-006 ROI 127
Rule 16(a)(1)(E), Brady, Giglio
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
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
26 Document 855-2 Filed 10/21/2005 Page 26 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 27 of 85
Revised 10/20/05
# 150
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 132 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. 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
Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.
151
Operation Dequiallo LA ATF 78401502-006 ROI 133
Rule 16(a)(1)(E), Brady, Giglio
152
Operation Dequiallo LA ATF 78401502-006 ROI 134
Rule 16(a)(1)(E), Brady, Giglio
153
Operation Dequiallo LA ATF 78401502-006 ROI 135
Rule 16(a)(1)(E), Brady, Giglio
154
Operation Dequiallo LA ATF 78401502-006 ROI 136
Rule 16(a)(1)(E), Brady, Giglio
BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC
27 Document 855-2 Filed 10/21/2005 Page 27 of 85
USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 28 of 85
Revised 10/20/05
# 155
DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo LA ATF 78401502-006 ROI 137 Rule 16(a)(1)(E), Brady, Giglio
GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE 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. Also, defendants have made no showing that these reports are material to preparing the