UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Criminal No. 84-255
Judge Joyce Hens Green
Motions Hearing and Trial: 9/17/84
UNITED STATES OF AMERICA
v.
WAYNE THOMAS
ELLEN B. THOMAS
ROBERT DORROUGH
WILLIAM THOMAS
DAVID MANNING
CONCEPCION PICCIOTTO
ANTHONY NELSON
The United States, through its attorney, the United States Attorney for the District of Columbia, respectfully opposes defendants' motions to suppress evidence. In support of this opposition, we rely on the following facts and authorities and evidence that may be presented at a hearing on these motions:
1. Defendants were arrested on June 6, 1984, after they were observed violating 36 C.F.R. SS50.27 and 50.7. The constitutional validity of this regulation was recently upheld by the Supreme Court in Clark v. Community for Creative Non-Violence, No. 82-1998, __ U.S.__, June 29, 1984. The arrest being proper, the seizure of property incident to that arrest was permissible. United States v. Robinson, 414 U.S. 218 (1973); Brown v. Texas; 103 S.Ct. 1535 (1983); New York v. Belton, 453 U.S. 454 (1981), Chimel v. California, 395 U.S. 752 (1969).
The Government has an affirinative duty to preserve evidence in the case. United States v. Butler, 163 U.S. App. D.C. 1, 499 F.2d 1006 (1976); United States v. Bryant (Bryant I), 142 U.S. App. D.C. 132, 439 F.2d 642 (1971). If the evidence is released to the defendants it may not be preserved. Much of the evidence seized on June 6, 1984 was released by the police to William Thomas by the police to William Thomas shortly after the arrest (prior to the assignment of AUSA Stuart to the case). The property will be available for inspection by prior arrangement on August 28, 1984 at the U.S. Park Police property office.
WHEREFORE, we respectfully submit that defendant's motion should be denied.
Respectfully submitted,
JOSEPH E. DIGENOVA
United States Attorney
/S/Pamela B. Stuart
PAMELA B. STUART
Assistant United States Attorney
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that copies of the Government's Opposition to the defendants' motions to sever, for a bill of particulars, to dismiss the information, and to suppress evidence have been served by first class mail with postage pre-paid upon counsel for the defendants, Stephen Milliken, Esquire, 511 E Street, N.W., Washington, D.C. 20001 (for Ellen Thomas), Robert Debaradinis, Esquire, 1534 16th Street, N.W., Washington, D.C. (for William Thomas), Phyllis B. Tatik, Esquire, Georgetown Law Center, 605 G Street, N.W., Third Floor, Washington, D.C. 20001 (for Concepcion Picciotto), Mark Venuti, Esquire, 2001 S Street, N.W., Suite 630, Washington, D.C. 20009 (for Anthony Nelson and Wayne Thomas, also known as William Thomas), Richard Seligman, Esquire, 2001 S Street, N.W., Washington, D.C. 20009 (for David Manning), and Melvin Dildine, Esquire, 419 7th Street, N.W., Suite 200, Washington, D.C. 20004 (for Robert Dorrough) this 28th day of August, 1984.
__/s/Pamela B. Stuart
PAMELA B. STUART
Assistant United States Attorney
Room 3836
U.S. Courthouse
Washington, D.C. 20001
633-5000