Free Motion to Produce - District Court of Delaware - Delaware

Q Case 1:08-cr-00041-GMS Document 17 Filed 05/01/2008 Page 1 of 4 ( `
. — · /` e
DENNIS P. CAGLIA, ESQUIRE
Attorney for Defendant
502 Swede Street
Norristown, PA 19401
(610) 275-7770 Attorney for James Coo
IN THE UNITED STATES DISTRICT COURT
FOR DISTRICT OF DELAWARE
UNITED STATES OF AMERICA :
vs.
JAMES COOK #08-41
DEFENDANT, JAMES COOK‘S MOTION FOR GOVERNMENT AGENTS
TO RETAIN, PRESERVE AND PRODUCE THEIR ROUGH NO'I'ES
Defendant, James Cook, by and through his attorney, Dennis P. Caglia,
respectfully moves this Court as follows:
1. Request is hereby made that agents of any law enforcement agency
(including the United States Attorney’s Office) which investigated the charges in the
instant case retain, preserve and produce at trial, for inspection by defendant and the
Court, all rough notes made during or after their interrogation of government witnesses
herein whether or not the contents of said notes are incorporated in official records or
reports.
2. This request is made so that the trial court can determine whether
disclosure of said notes is required under Brady v. Maggland, 373 U.S. 83 (1963) or the
"Jenck’s Act," 18 U.S.C. Sec. 3500.
3. In support of this Motion, Defendant relies on United"State§f§’v;,Vella,1) ··~»
F.2d 275, 276 (3rd Cir. 1977), wherein the Court held; I _ ` F lllll F 4'`" E

_ Case 1 :08-cr-OOO41-GMS Document 17 Filed 05/O1/2008 Page 2 of 4
The rough interview notes of F.B.I. agents should be kept and
provuced so that the trial court can determine whether the
notes should be made available to the applicant under the
rule of Brady v. Magyland, 373 U.S. 83 10 L.Ed. 2d 215, 83 S.
Ct. 1194 (1963), or the "Jenck’s Act" .... See also United
States v. Harrison, 524 F.2d 421 (D.C. Cit. 1975) and United
States v. Maynard, 476 F.2d 1170 (D.C.F.2d 1266) (D.C. Cir.
1972)
WHEREFORE, Defendant respectfully requests that the instant Motion be
Granted.
Respectfully submitted,
D.P.C./s/ p S Q.
Dennis P. Caglia, Esquire
Attorney for Defendant,
James Cook

_ _ _ Case 1 :08-cr-OOO41-GIVIS Document 17 Filed 05/01/2008 Page 3 of 4
DENNIS P. CAGLIA, ESQUIRE
Attorney for Defendant
502 Swede Street
Norristown, PA 19401
(610) 275-7770 Attorney for James Cook
IN THE UNITED STATES DISTRICT COURT
FOR DISTRICT OF DELAWARE
UNITED STATES OF AMERICA :
vs. »
JAMES COOK #08-41
CERTIFICATION OF SERVICE
I, DENNIS P. CAGLIA, Esquire, hereby certify that on the date set forth below, a
true and correct copy of the foregoing Motion for Government Agents to Retain, Preserve
and Produce Their Rough Notes was served upon the following counsel in the manner
indicated below.
Service by first class mail as follows:
Shaun Weede, Esquire
United States Attorney’s Office
1007 Orange Street- Suite 700
P. O. Box 2046
Wilmington, DE 19801
o.P.c./s/ Q . _Q
Dennis P. Caglia, Esquire
Attorney for Defendant,
James Cook
Date: May 1, 2008

Case 1 :08-cr-OOO41-GMS Document 17 Filed 05/O1/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR DISTRICT OF DELAWARE
UNITED STATES OF AMERICA 2
vs.
JAMES COOK #08-41
ORDER
AND NOW, this day of , 2008, upon
review of defendant, James Cook’s Motion for Government Agents to Retain, Preserve
and Produce Their Rough Notes, it is hereby ORDERED and DECREED that said Motion
is GRANTED.
BY THE COURT:
J.
cc: Dennis P. Caglia, Esquire
Shaun Weede, Esquire

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