U.S. Department of Justice
United States Attorney
District of Columbia
United States Courthouse, Room 2800
Constitution A venue and 3rd Street N. W.
Washington, D.C. 20001
September 7, 1984
Robert DeBaradinis, Esquire
1534 16th Street, N.W.
Washington, D.C. 20036
Re: United States v. William Thomas
Criminal No. 84-255
Dear Mr. DeBaradinis:
I am writing to bring you up-to-date on a number of matters relating to discovery in the above-captioned case. A similar letter is being sent to other counsel so please forgive me if I refer to matters that we have already discussed.
1. The camera which was "lost" after it was seized as evidence in the case has been recovered. After an investigation, the U.S. Park Police discovered that the camera was stolen by a National Park Service employee. An officer who was involved in that investigation and who took the confession from the individual who stole the camera will be available to testify at the motions hearing. While we will not be calling upon the person who stole the camera to testify for obvious reasons, we are providing you with his name and address in the event that you wish to contact him. His name is David Ernest Harley. His mailing address is Route 5, Box 321, Bryantown, Maryland. My understanding is that he has no telephone.
The gist of his testimony would be that he took the camera and gave it to his daughter. He told her (or she took it upon herself) to dispose of the film in the camera and replace it with film that she purchased. The film was discarded in the backyard dump that Mr. Harley maintains at his home and subsequently burned with the rest of the trash. Mr. Harley apparently had no motive other than converting the camera to his own use.
2. The "radio run" for the arrest in this case has been received and is available for your review in my office. In the event that you wish to hear it, please call to make an appointment as I have only one copy. In my opinion it is not particularly illuminating but it is certainly available to you if you wish to hear it.
3. The FBI rap sheets for the defendants have been received. I have researched, in addition, the records available in Superior Court and District Court and in PROMIS with respect to the defendants. I am able to offer the following information with respect to your client's criminal record at this time.
date place of arrest name/alias charge and disposition
7/4/63 Yonkers, NY William Thomas wayward minor Grand larceny
Hallenbeck (auto) (committed to
Elmira recep. Center, SS,
probation 1 yr)
7/29/63 Hawthorne, NY William escaped prisoner
Hallenbeck psychiatric hospital
3/30/64 Valhalla, NY William public intoxication and
Hallenbeck disorderly conduct (60 days
and 60 days, concurrent)
5/26/64 Yonkers, NY William Thomas Grand Larceny auto(adjudged
Hallenbeck, Jr. youthful offender), Elmira
8/14/67 New York, NY William Thomas 1st degree burglary
11/8/67 New York, NY William Hallenbeck petit larceny criminal poss. stolen prop. 3rd
1/1/68 White Plains, NY William Thomas poss. of dangerous drugs
Hallenbeck (dismissed); poss. of weapons
and dangerous instruments
(convicted -- 3 mos.)
5/8/68 Valhalla, NY William Hallenbeck leaving scene of accident (2 cts) unlic. operator (30 days and 30 days consecutive)
4/17/69 Eastchester, NY William Hallenbeck Criminal selling of dangerous drugs; crim. poss. of dangerous drugs. (2 cts. each)
1/10/70 Miami, Fla. William Thomas fugitive from NY; burglary,
Hallenbeck poss. of narcotics, escape,
Under influence of drugs
6/4/70 Poughkeepsie, NY William escape second degree (committed
Hallenbeck to Matteawan S. Hospital8/19/70)
1/1/72 Albuquerque, NM William Thomas DWI, no driver's
7/24/74 So. Los Angeles, CA William T. poss. of cocaine 11350 H & S.
Hallenbeck dism. on charges of 314.1PC,
647a PC, 415-1PC; 2 yrs.
probation on chg. of 647fPC
8/3/74 So. Los Angeles, CA William T. poss. marijuana
10/1/79 London, England William Thomas Overstaying leave in the
United Kingdom. convicted. 3M
imprisonment on app. 2M ampris.
rec. for or depo to stand
5/12/83 Wash, D.C. William Thomas, tresspass on government land, unlawful demonstrating on the White House sidewalk (dismissed - USDC Cr.No. 83-00099)
9/26/83 Wash, D.C. William Thomas tresspass on government land, camping on federal park lands
(convicted - USDC Cr. No. 83-00243, probation)
Wash, D.C. William Thomas INSTANT CASE
6/23/84 Wash, D.C. William Thomas tresspass on government land, camping on federal park land
(USDC Cr. No. 84-252)
I am attaching a list of the property that was seized at the time of the arrest. While I had previously been reluctant to turn it over (although I read it orally to counsel who requested it in discovery), I have now decided that it may be introduced as evidence in our case-in-chief.
Within the next few days I will be meeting with witnesses in the case who may bring other items of evidence to my attention that would fall outside the category of items seized at the time of the arrest of the defendants. Please call me after September 11th to make an appointment to see these items. I expect that they may include a map of the scene and pictures of the area taken at times other than the arrest as well as pictures of property released to defendants who requested them. In the event that you wish to view the physical evidence that is presently stored at the U.S. Park Police property office and were not present at the viewing that was arranged for August 28, 1984, please contact Sgt. Phil Malhoyt at 426-6710 to make an appointment.
Please let me know if there is any other matter that remains unresolved with respect to discovery as soon as possible.
JOSEPH E. DIGENOVA
UNITED STATES ATTORNEY
Pamela B. Stuart
Assistant United States Attorney