Free Brief/Memorandum in Opposition - District Court of Delaware - Delaware

Case 1:07-cr-00113-SLR

Document 27

Filed 01/25/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff,

v. COREY ROANE, Defendant.

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Criminal Action No. 07-113-SLR

GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR PRODUCTION OF IMPEACHMENT MATERIAL Defendant Corey Roane has filed a Motion for Production of Impeachment Material (D.I. 26), requesting that pursuant to its obligations under Brady v. Maryland, 373 U.S. 83 (1963), the United States produce materials to be used to impeach the testimony of law enforcement officers during the suppression hearing.1 Although the United States disputes the factual allegations and legal conclusions contained in Defendant's motion, including but not limited to the contention that the requested information is subject to disclosure under Brady, the United States has furnished the requested information. On January 18, 2008, Assistant United States Attorney Lesley F. Wolf sent defendant's counsel, Christopher Koyste, a letter.2 The United States believes this letter resolves the concerns raised by Defendant's motion. The United States has complied, and will continue to comply, with its disclosure obligations under the Federal Rules of

At the December 19, 2007 hearing, defendant's attorney made an oral request to recuse Assistant United States Attorney Lesley Wolf. In light of the motion filed by Defendant, it appears that request has been withdrawn, and replaced by his request for impeachment materials. The January 18, 2008 letter from Lesley F. Wolf to Christopher Koyste is attached as Exhibit 1.
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Case 1:07-cr-00113-SLR

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Criminal Procedure and Brady.

WHEREFORE, the United States respectfully requests that Defendant's Motion for Production of Impeachment Material be denied as moot.

Respectfully submitted, COLM F. CONNOLLY United States Attorney

BY: /s/Lesley F. Wolf Lesley F. Wolf Assistant United States Attorney 1007 Orange Street, Suite 700 Wilmington, Delaware 19899-2046 (302) 573-6277 [email protected] Dated: January 25, 2008

Case 1:07-cr-00113-SLR

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