Name

Address

Phone Number

Appearing [special appearance] without and lacking an attorney.

In order to expedite disposition of this case, or adequately prepare for motions and trial, as the case may be, Respondents request Petitioner and its agents, assigns or nominees provide the following discovery at your earliest convenience. Please consider this a formal request for discovery pursuant to Federal Rules of Criminal Procedures 16(a)(1)(A), (B),(C),(D) and (E) for the following:

1. Notice under Fed. R. Crim. P. 12(d)(2) of your intention to use in your case-in-Chief at trial any evidence which the Respondents (Probationers) maybe entitled to discover under Fed. R. Crim. P. 16.

2. All material mandated by Rule 16 of the Federal Rules of Criminal Procedure.

1. The Petitioner's and Respondents' (Probationers') written or recorded statements;
2. The Respondents' (Probationers') prior criminal record;
3. Photographs, books, papers, documents and objects,

   etc., which are material to the preparation of the defense;

4. Photographs, books, papers, documents, objects, etc.,

   which were obtained from the Respondents (Probationers);

5. Photographs, books, papers, documents, objects, etc.,

   which you intend to use in your case-in-chief;

6. All reports of examinations, tests and experiments;
7. Photographs used in any lineup, show-up, or photo spread: and information regarding any identification proceeding;
8. Any evidence that the Respondents (Probationers) was the subject or eavesdropping, wiretapping or any other interception of communication.

3. The conclusion and findings of any expert witness you intend to call, whether or not he has prepared a written report. United States v Barrett, 703 F. 2d 1076, 1081 (9th Cir. 1983) ("Fairness requires that adequate notice be given to defense to check conclusions and findings of expert.").

4. The description of any prior convictions of the Respondents (Probationers), any "prior similar act" or other evidence covered by Fed. R. Evid 609 or 404(b) that you would seek to introduce at trial and the theory of its admission. See United States v Foskey, 636 F.2d 517, 526, n. 8 (D.C. Cir. 1980) (government should give adequate notice of 404(b) evidence).

5. All written or recorded statements of the Respondents (Probationers) or any co-defendant(s), to whomever and whenever made, and the substance of any oral statement, if not embodied in writing. If the statements are recorded, please provide a transcript and audible copy of each recording. See United States v Bailleux, 685 F.2d 1105, 1114 (9^th Cir. 1982) ("Government should disclose any statement made by the defendant.") (emphasis added).

6. All agents’ rough notes of all statements referred to in item 5 above. See United States v Harris, 543 F.2d 1247, 1253 (9^th Cir. 1976) (agent’s original interview notes, especially with the accused, are potentially discoverable under the Jencks Act and must be preserved).

7. The arrest and conviction record of each prospective government witness including the docket number and jurisdiction of all pending cases. United States v Strifler, 851 F.2d 1197, 1202 (9^th Cir. 1988) (criminal records of witnesses must be disclosed).

8. A copy of any federal or state probation or persistence report of any prospective witness. See United States v. Strifler, 851, F.2d 1299, 1201 (9^th Cir. 1988).

9. The oral and written results of any polygraph test administered to any witness. Carter v. Rafferty, 826 F.2d 1299, 1306-09 (3rd Cir. 1987).

10. Any express or implicit promise, understanding, offer of immunity or of past, present, or future compensations, or any other kind of agreement or understanding between any prospective government witness and the government (federal, state or local), including any implicit understanding relating to criminal or civil income tax liability. United States v. Shaffer, 789 F.2d 682, 689 (9^th Cir. 1986) (all benefits and promises, including tax benefits); United States v. Risken 788 F.2d 1361, 1375 (8^th Cir. 1986) (implied contingent fees); United States v. Luc Levasseur, 826 F.2d 158 (1^st Cir. 1987) (government required to disclose pretrial all promises and inducements).

11. Any discussion with a prospective witness about, or advice concerning, any contemplated prosecution, or any possible plea bargain, even if no bargain was made, or the advice was not followed. Brown v. Duggar, 831 F.2d 1547, 1558 (11^th Cir. 1986) (evidence that witness sought plea bargain is to be disclosed, even if no deal struck0; Haber v. Wainwright, 756 F.2d 1520, 1523-24 (11^th Cir. 1985) (government must disclose its "advice" to witness regarding possible prosecution for crimes".

12. Any evidence that any prospective government witness is under investigation by federal, state or local authorities for any criminal conduct. United States v, Chitty, 760 F.2d 425, 428 (2^nd Cir. 1985), cert. denied, 474 U.S. 945 (1985) (government is under affirmative duty to disclose fact that government witness is under investigation).

13. Any evidence that any prospective witness has ever made any false statement to the authorities whether or not, under oath or under penalty of perjury, or that any witness does not have a good reputation in the community for honesty. See United States v. Strifler, 851 F.2d 1197, 1202 (9^th Cir. 1988) (evidence that witness previously lied to authorities must be disclosed).

14. Any evidence that any prospective witness has made a contradictory or inconsistent statement with regard to this case, or any statement showing bias or a motive to fabricate. United States v. Strifler, 851 F.2d 1197, 1202 (9^th Cir. 1988) (motive for witness to inform is discoverable); United States v. Hibler, 463 F.2d 455, 460 (9^th Cir 1972) (reversible error not to disclose statement of police office casting double on the story of witness); Hudson v. Blackburn, 601 F.2d 785, 789 (5^th Cir. 1979) (duty to disclose police officer’s evidence refuting witness’ statement that he identified defendant in lineup).

15. Any evidence that the testimony of any prospective witness is inconsistent with any statement of any other person or prospective witness. Hudson v. Blackburn, 601 F.2d 785, 789 (5^th Cir. 1979); Hibler, supra.

16. Any evidence that any prospective government witness is biased or prejudiced against the Respondents (Probationers) or has a motive to falsify or distort his testimony. United States v. Strifler, 851 F.2d 1197, 1202 (9^th Cir. 1988) (government must disclose probation file of witness showing tendency to lie or "over-compensate"); Id. (motive of inform is discoverable).

17. Any evidence that any prospective government witness has engaged in any criminal act whether or not resulting in a conviction. See Rule 608(b), Federal Rules of Evidence.

18. Any evidence that any prospective witness has ever engaged in any activity involving deceit, fraud, or false statements whether or not the activity resulted in an arrest or conviction. United States v. Strifler, 851 F.2d 1197, 1202 (9^th Cir. 1988) (false statements to authorities); Rule 608(b), Federal Rules of Evidence.

19. Any evidence, including any medical or psychiatric report or evaluation, tending to show that any prospective witness’ ability to perceive, remember, communicate, or tell the truth is impaired: any evidence that a witness has ever used narcotics or other controlled substance, or has ever been an alcoholic. United States v. Strifler, 851 F.2d 1197, 1201 (9^th Cir. 1988) (probation file of government witness must be disclosed as part of criminal record); Chavis v. North Carolina, 637 F.2d 213, 224 (4^th Cir. 1980) (government must produce psychiatric or other reports reflecting on the competency or credibility of a government witness).

20. Any evidence that someone other than the Respondents (Probationers) committed, or was ever suspected of committing, the crime charged. Miller v. Angliker, 848 F.2d 1312, 1321-23 (2^nd Cir. 1988) (reversible error not to disclose evidence that person other than defendant committed murders); Bowden v. Maynard, 799 F.2d 593, 613 (10^th Cir. 1986), cert. denied, 107 S.Ct. 458 (reversible error not to disclose existence of suspect who resembled defendant); James v. Jago, 575 F.2d 1164, 1168 (6^th Cir. 1978) (error not to disclose statement of witness not mentioning defendant); Sellers v. Estelle, 651 F.2d 1074, 1076-77 (5^th Cir. 1981) (failure to disclose police reports indicating guilt of another, reversible error).

21. The name and last known address of each prospective government witness. See United States v. Tucker, 716 F.2d 576, 583 (9^th Cir. 1983) (failure to interview witnesses by defense is ineffective assistance of counsel); United States v. Cook, 608 F.2d 1175, 1181 (9^th Cir. 1979) (defense has equal right to talk to government witness); United States v. Armstrong, 621 F.2d 951 (9^th Cir. 1980) (discretion to order disclosure of names of witnesses); United States v. Napue, 834 F.2d 1311, 1318 (7^th Cir. 1987) (court has discretion to require government to provide defendant with a list of government witnesses); United States v. Shoher, 555 F.Supp. 346, 353-354 (S.D.N.Y., 1983) (names and addresses of witnesses ordered disclosed).

22. The name and last known address of every witness to the crime or crimes charged(or any of the overt acts committed in furtherance thereof) who will not be called as a government witness. United States v. Cadet, 727 F.2d 1453, 1469 (9^th Cir. 1984).

23. The name of any witness who made an arguably favorable statement concerning the Respondents (Probationers) or who could not identify him or who was unsure of his identity, or participation in the crime charged, and the content of any favorable statement. Jackson v. Wainwright, 390 F.2d 288 (5^th Cir. 1968) (prosecution must disclose statement of witness casting doubt on defendant’s identity); Chavis v. North Carolina, 637 F.2d 213, 223 (4^th Cir. 1980) (contradictory statement of witness must be disclosed); James v. Jago, 575 F.2d 1164, 1168 (6^th Cir. 1978) (statement of eyewitness to crime which did not mention defendant must be disclosed); Hudson v. Blackburn, 601 F.2d 785 (5^th Cir. 1975) (duty to disclose police officer’s testimony contradicting witness’ identification of defendant).

24. Any evidence, including any statement by any person, tending to exculpate the Respondents (Probationers) in whole or in part. United States v. Srulowitz, 785 F.2d 382 (2^nd Cir 1986).

25. All prior written, recorded, or oral statements of each prospective witness relating to this case to whomever made.

26. All notes or any other writings or documents, used by the witness before the grand jury. United States v. Wallace, 848 F.2d 1464, 1471 (9^th Cir. 1988).

27. Agents’ or prosecutors’ notes of interviews with prospective government witnesses. See Goldberg v. United States, 425 U.S. 94 (1976).

28. A transcript of the grand jury testimony of each prospective witness, and all remarks addressed to the grand jury by the prosecutor.

In addition, in order that I may prepare appropriate motions, if necessary, please state whether;

1. An informer was in any way connected in this case.

(b) Any searches of persons or places occurring during any phase of this case. If so, please provide the date and location of the search and a list of the items seized.

29. I requested that you make specific inquiry of each government agent connected to the case for each of the above items. United States v. Butler, 567 F.2d 885, 889 (9^th Cir. 1978) (prosecutor responsible for promise make by agent to witness even if prosecutor did not know); United States v. Bailleux, 685 F.2d 1105, 1113 (9^th Cir. 1982) (tape in custody of F.B.I. is deemed to be in custody of United States Attorney); United States v. Auten, 632 F.2d 478, 481 (5^th Cir. 1980) (information in files of federal agency is deemed to be in possession of prosecution); United States v. Jackson, 780 F.2d 1305, 1308, n.2 (6^th Cir. 1986) (F.B.I.’s knowledge is attributable to prosecutor); Martinez v. Wainwright, 621 F.2d 184, 186 (5^th Cir. 1980) (rap sheet in medical examiner’s file is deemed in custody of prosecution).

30. If you refuse to disclose any of the above items, or if you have doubts as to the propriety of disclosure, your duty is to submit the questioned material to the court for its review. United States v. Lehman, 756 F.2d 725, 729 (9^th Cir. 1985) (prosecution must either disclose the material or submit it to the court).

31. Finally, please consider this request to be continuing discovery of the above-mentioned items pursuant to Federal Rules of Criminal Procedure 16 (c); and Respondents (Petitioners) request sufficient time for written interrogatories, depositions and admissions.

[Date}

_________________________

Name

 

________________________

Name

 

 

 

 

I, [Name], do hereby certify that on the date of [Date]I served copy(ies) of the following:

RESPONDENTS' (PROBATIONERS', etc.) FRCP 16(a)(1)(A)(B)(C)(D)(E) REQUEST FOR DISCOVERY

on the parties interested in said action by hand delivery or placing a true copy thereof in an envelope addressed as follows:

[Names, addresses, etc. of parties on whom you delivered service to for this instant action.]

and then by sealing each envelope and depositing it in the United States Postal Service following ordinary business practices.

Executed on _____________ by _________________________________.