November 22,1996
'C, Esquire
555 4th Street, N.W. Washington, D.C. 20001
Re: United States v. William Thomas Docket No. D 4369-96
Dear Mr.
This letter is written to confirm the results of the discovery conference f had with ^C on ^C and to memorialize my discovery requests. A. Defendant's statements (Super. Ct. Crim. R. 16(a)(l)(A))
I was informed that the defendant made an oral statement on ^C, the substance of which was: ^C.
f was informed that the defendant made/no a written statement on 'C, a copy of which was/was not provided. It 16 my understanding that there are no additional oral or written statements by the defendant. I was/not furnished a copy of PD (7 signed by the defendant on 'C. ft is ny understanding that there are no additional PD 47's or other waivers executed by the defendant.
8. Defendant's prior record (Super. Ct. Crim.R. 16(a)(1)(8))
I was informed that the defendant had no criminal record/defendant's criminal record is: ^C.
C. Document (Super. Ct.Crim.R. 16(a)(l)(C))
f was furnished with copies of: ^C. I understand that except for ^C, these are the only documents in the 'C, Esquire April 6, 1990 Page 2
government's possession which are encompassed by Super. Ct. Crime.R. 16(a)(l)(A).
I an requesting copies of the following documents: ^C.
D. Tangible Objects (Super. Ct. Crim. R. 16(a)(l)(C)
f was advised that the government had in its possession. custody, or control the following items: Please send me a letter immediately allowing ne to view the above item(s). I will need separate e letters for ^C.
It is my understanding that these are the only tangible objects In this case encompassed by Super. Ct. Crim. R.
I further request that the following be provided to be me: 'C.
E. Photographs (Super. Ct. Crim. R.16(a)(l)(C))
I was furnished with/advised of^C the existence of: 'C. I understand that there are no other photographs in the government's possession which are encompassed by Super. Ct.
I request the following: ^C.
F. Tape Recordings (Super. Ct. Crim. R. 16(a)(l)(c) Tangible Objects)
I request to be furnished a copy of all tape recordings of 911 calls and radio transmissions relevant to this case.
G. Results/Reports of Examination and Tests (Super. Ct.
f was informed that there were/were no 'C results or reports of examinations or tests within the meaning of Super. Ct. Crim. R.16(a)(l)(D). f was advised of the existence of/provided copies of the following: ^C. ft is my understanding that except for ^C, these are the only results of reports of examinations or tests within the scope of Super. ct. crim. R.16(a)(l)(D).
~C, Esquire April 6, 1990 Page 3
I further request that the following be provided to me:
iC.
f. Identification
I was advised that there were/no^c identification procedures involving the defendant. Those procedures were: -C. It is my understanding that there were no further identification procedures involving the defendant.
I request that f be furnished with the following information concerning the identification procedures involving the defendant: ^C. See Clemons v. United States, 133 U.S. App. D.C. 27. 408 F.2d 1320 (1968), cert. denied, 394 U.S. 964 (1969); Patterson v. United States, 384 A.2d 663, 668 [D.C. 1979).
J. Other Crimes Evidence
I request that I be furnished with all evidence of "other crimes" by the defendant which the government intends to introduce at trial. See Drew v. United States, 118 U.S. App. f.C. 1:. 331 F.2d e5 (1964); Toliver v. United States, 468 A.2d 958 (D.C. 1983).
K. Impeachment and Bias material (Brady)
I request that I be provided: ^C.
had an arrest, guilty plea, trial, or sentencing on or since the date of the offense in the present case; (c) any government witness has been on juvenile or criminal parole or probation on or since
the date of the offense; and (d) any government witness now has or has had any other liberty interest which the witness could believe or could have believed might be favorably affected by
^C, Esquire April 6, 1990 Page 4
government action. with respect to this information, I request docket numbers, dates, and jurisdictions for all such cases. See Davis v. Alaska, 415 U.S. 5008 (1974); Washington v. United States, 461 A.2d 1037 (D.C. 1983).
3. Any prior inconsistent, non-corroborative, or other witness statements which will not reflect the witness' trial testimony. See United States v. Enright, 579 F.2d 960, 989 (6th Cir. 1978).
All information in the government's possession. indicating that the mental state of any government witness Is below normal or in any way abnormal.
5. A;1 information that any government witness and/or 'C informant was under the influence of alcohol, narcotics, or any other drug at the time of the observations about which the witness will testify and/or^C the informant
informed, or that the witness'/informant's faculties of observation were impaired in any Hay.
6. All information that any government witness has been or is a police informant either at the time of the offense and/or^c through the day of trial; if any witness is, Or has been, an informant, then:
(a) disclosure of the length and extent of the witness's informant status;
(bi the amounts normally paid to the informant;
(c) non-monetary assistance also provided to the informant, including, but not limited to, assistance in avoiding or minimizing harm from charges pending against the informant,
such status having existed either at the time of the offense and/or^C any other time through the day of trial;
(d) all benefits or promises of benefit or statements that benefit would not be provided without cooperation that were made to the informant in connection with this case, whether or not fulfilled.
*Benefits" refers to any monetary compensation, assistance of the prosecutor or the Court concerning pending
~C, Esquire April 6, 1930 Page 5
charges against the informant, or any other sort of consideration of value;
(e) the nature of assistance provided in the past, including the number of occasions and form of help.
See United States v. Bagley, 105 S. Ct. 3375 (1985); Springer v. United States,388 A.2d 846 (D.C. 1976).
; All deals, benefits, or promises of benefit, threats. or statements that benefit would not be provided without cooperation that were made to any government witness In connection with this case.
See Giglic v. United States, 405 U.S. 153 (1972): Springer, supra, "benefits" is defined in point (6)(d), supra.
8. Any failures by any witness to provide the police or the government with information testified to at trial. L. Other Brady material
request that I be provided: ^C
1 . Identification . The names and addresses of any person(s) who:
(a) identified some person other than the defendant
as a perpetrator of the alleged offense, see Cannon v. Alabama, 558 F.2d 1211 (5th Cir. 1977), cert, denied 434 U.S. 1087 (1978); Grant v. Alldredge, 498 F.Zd 376 (2d Cir.
1974);
(b) failed to identify the defendant as a perpetrator of the alleged offense when asked to do so in any identification procedure, see
United States ex rel. Meers v. Wilkens, 326 F.2d 135 (2d Cir. 1964);
(c) gave any description(s) of the perpetrator of the alleged offense which in Some material respect, e.g., height, weight, clothing, race, complexion, age, etc., differs from the defendant. See Frezzell v. United States, 380 A.2d 1382, 1385 (D.C. 1977), cert, denied 938
^C, Esquire April 6, 1990 Page 6
U.S. 931 (1978); see also Jackson v. Wainwright 390 F.2d 288 (5th Cir. 1968).
2. The names and addresses of all persons who would contradict or impeach any government testimony or other evidence. See Gibson v. United States 566 A.2d 473 (D.C. 1983). 1
-C. Any other information in the possession of the
government which is favorable to the defense, whether or not technically admissible In Court, and which is material to the issues of guilt and/or punishment.
H. Other Requests
1. The names and addresses of all government witnesses. United States v. Holmes, 343 A.2d 272, reh. denied, 346 k.2d 517 (D.C. 1475).
N. Plea Offer
I understand the plea offer to be: 'C.
For purposes of
this letter and any related litigation,
"information" refers to all documentary, tangible, or oral material, including, but not limited to, statements by witnesses, whether recorded or otherwise memorialized or not, grand jury testimony, and reports of investigation or personal notes of investigators. Such information is "known" to the government if known to you personally or known to any other prosecutor or government agent, and is known to the government if you could acquire actual knowledge of the information disclosed. Finally, as you know, the duty to disclose is a continuing one, stretching until final disposition of the case.
In the event that you are unable or unwilling to provide the requested material or if you disagree with any of the foregoing representations, please advise me promptly so that I may properly file any necessary pretrial motions. Except where otherwise
noted, if I do not hear from you regarding the requests in this letter by ^C, 1990 I will assume that the requested material does not exist.
Thank you for your prompt attention to this matter.