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Jason Patrick, one of the defendants in the Oregon wildlife refuge occupation case, still sits in jail almost two months after his arrest. The judge has denied him bail, and he is facing years in a federal prison if convicted of the federal crime of conspiracy.
In the 'defendant's request for pretrial discovery,' Patrick's lawyer outlined a laundry list of very interesting demands which the government prosecutors must comply with in order to allow him to prepare his defense for trial.
The exhaustive list of 42 items will apparently be used to call into question and/or impugn the credibility of any and all government witnesses, informants and law enforcement officers involved in the prosecution of this case.
Following are listed some of the more interesting ones. Listed after each demand is the legal precedent which allows such a demand. The most interesting ones I highlighted in bold print.
COMES NOW Defendant, Jason Patrick, by and through his attorney, Andrew M. Kohlmetz, and hereby requests that the United States Attorney disclose, produce, and make available for examination and copying by defense counsel or agents thereof the items listed below, whether currently in the possession, custody, control or knowledge of the United States Attorney, and/or any law enforcement agent, or by which the exercise of due diligence may become known to the attorneys for the government.
1. All recorded memoranda or reports relating to the circumstances of any seizure or search of the defendant or his property, or any other seizure or search related to this case, listing the items seized and the information obtained as a result of these seizures or searches. Rules 16(a)(1), 12(b)(4)(B), 41(h).
2. The substance of all oral statements made by the defendant or codefendant to any government agent. Rule 16(a)(1)(A).
4. Rough or preliminary notes made by any government agents pertaining to statements subject to requests 2 and 3 above.
5. A copy of the defendant's record of arrests, criminal history, and/or prior convictions. Rule 16(a)(1)(D), United States v. Audelo-Sanchez, 923 F.2d 129 (9th Cir. 1991).
6. All books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items which are arguably material to the preparation of the defense, or which were obtained from or belong to the defendant. Rule 16(a)(1)(E).
7. The results or reports of any physical or mental examination and of any scientific test or experiment which are arguably material to the preparation of the defense, or which the prosecution seeks to introduce in its' case in chief against the defendant. Rule 16(a)(1)(F).
8. A written summary of the testimony of any expert witness the government intends to use as described in Rule 16(a)(1)(G). This request includes the disclosure of copies of any written conclusions, findings or reports of said expert witness. United States v. Barrett, 703 F.2d 1076, 1081 (9th Cir. 1983).
9. Disclosure of whether any eavesdropping, wiretapping, electronic recording, or audio enhancement devices were utilized in this case. If any such devices were utilized, disclosure of the date, time, place and circumstances of such use including, but not limited to: copies of all written reports and/or memoranda documenting such use, copies of all authorization warrants and/or supporting documents, minimization logs, and any applications for extensions of any such authority to intercept and record.
10. Disclosure of copies of all records, tapes, data files etc. and any accompanying transcripts thereof of the results generated by any electronic surveillance of the type described in paragraph 9 above
11. Disclosure of whether any informants were utilized at any stage of the investigation of this case. As to each such informant their name, contact information, and the substance of the information provided.
12. The disclosure of all records, reports, or memoranda of any law enforcement agency describing, referring or otherwise referencing any informant utilized in this case. This request includes, but is not limited to; records, reports, or memoranda which relate statements made by such informants; information documenting the motives and reasons for the informant's cooperation with authorities in this case, i.e. whether the informant received any benefit, financial or otherwise, including potential future benefit(s) in exchange for the informant's cooperation; the informant(s) criminal history and any information bearing on the informant's credibility as a witness herein and, whether or not the informant has cooperated with law enforcement in other investigations and if so the circumstances therein. This request contemplates production of any records, reports or memoranda presently in the possession, custody or control of the United States Attorney, the existence of which is known, or by the exercise of due diligence may become known to, the government. Roviaro v. United States, 353 U.S, 53, 1957.
13. Disclosure of reports or memoranda of any agent of the government, including the prosecutor, pertaining to statements made by prospective government witnesses in this case. This request encompasses original notes or memoranda, whether or not subsequently incorporated into later reports. United States v. Ogbuetti 18 F.3d 807, 810 (9th Cir. 1994)(notes taken by prosecutor during witness interview may be subject to disclosure).
14. Provision of the minutes and transcripts of all testimony before any grand juries which heard evidence in this case. Disclosure of all notes or other writings, documents, exhibits or tangible things used by prospective witnesses while testifying before the grand jury. See United States v. Wallace, 848 F.2d 1464, 1470 (9th Cir. 1988).
Case 3:16-cr-00051-BR Document 138 Filed 02/11/16 Page 4 of 10
DEFENDANT'S REQUEST FOR PRETRIAL DISCOVERY, RULE 12(b)(4) NOTICE
Kohlmetz Steen & Hanrahan PC 741 SW Lincoln Street Portland, OR 97201 (503) 224-1104
15. Disclosure and provision of copies of any and all evidence which potentially is exculpatory or favorable to the defendant, and/or material to the defense, or to mitigation of sentence, including but not limited to:
- a. The results of any tests, experiments, examinations, searches or seizures which produced evidence favorable to the defendant or failed to produce evidence tending to incriminate the defendant;
- b. The name(s) of any other person(s) considered a potential suspect in this case and/or any evidence which in any way indicates that the other person(s) may have committed, or aided in the commission of the crimes at issue in this case.
- c. A statement identifying any evidence in this case which the government has intentionally or inadvertently destroyed, or for whatever cause, no longer has within its possession. Brady v. Maryland, 373 U.S. 83 (1963);
- d. Any evidence, information, testimony, transcripts or other records of statements indicating whether any prospective witness on any occasion has given false, misleading, or contradictory information regarding the charges at issue herein or any other matter where such statements were made to law enforcement or when the individual was a prospective witness in court proceedings.
- e. Any evidence, information, testimony, transcripts or statements indicating that opinion, reputation, or specific acts may demonstrate that a prospective witness in this case is not a truthful person, has any particular bias against the defendant, or has any motive to give testimony herein.
- f. Any evidence, information, testimony, transcripts or statements indicating that opinion, reputation, or specific acts may demonstrate that a prospective witness in this case is a threatening, assaultive, or otherwise physically aggressive person.
- g. Any evidence, information, testimony, transcripts or statements indicating that opinion, reputation, or specific acts may demonstrate that a prospective witness in this case may either presently, or at any time precedent , be suffering from any mental disease or defect, personality disorder, substance abuse addiction or chronic substance abuse impacting the witness' ability to accurately perceive and recall historical information perceived or relayed by others to the witness.
16. Disclosure of all evidence of prior or subsequent bad acts by the defendant which the government seeks to introduce at trial. F.R.E. 404(b). United States v. Baum, 482 F.2d 1325, 1330-32 (2d Cir. 1973); United States v. Cook, 608 F.2d 1175, 1186 (9th Cir. 1979)(en banc), cert den, 444 U.S. 1034.
17. Examination by the government of the personnel files of all law enforcement agents who will testify at any proceeding in this matter for evidence that any such agent has ever made a false statement or has a reputation for dishonesty. United States v. Calise, 996 F.2d 1019, 1021 (9th Cir. 1993); United States v, Henthorn, 931 F.2d 29 (9th Cir. 1991); United States v. Kiszewski, 877 F.2d 210, 216 (2nd Cir. 1989)(in-camera review of agent's case file regarding bribery allegations); see also Kyles v, Whitley, 514 U.S. 419, 437 (1995).
18. Disclosure of the names and contact information for all percipient witnesses interviewed by the government whom the government does not intend to call at trial. United States v. Cadet, 727 F.2d 1453, 1469 (9th Cir. 1984).
19. Copies of the arrest and conviction record of each prospective government witness herein. United States v. Strifler, 851 F.2d 1197, 1202 (9th Cir. 1988).
20. Disclosure of any evidence that any state or federal criminal case has recently been dismissed against any prospective government witness. See United States v. Anderson, 881 F.2d 1128, 1138-39 (D.C. Cir. 1989).
21. Disclosure of any and all evidence that any prospective government witness has any criminal charge pending against them. United States v. Fried, 486 F.3d 201 (2d Cir. 1973).
22. Disclosure of any and all evidence that any prospective government witness is under investigation by federal or state authorities. United States v. Chitty, 760 F.2d 425, 428 (2d Cir. 1985).
23. Disclosure of any and all evidence of any express or implicit understanding, deal, consideration, offer of immunity, special treatment or compensation of any nature or kind between the government and/or any of its agents and any prospective witness herein. See, Giglio v. United States, 405 U.S. 150 (1972); United States v. Schaffer, 789 F.2d 682, 689 (9th Cir. 1986), United States v. Butler, 567 F.2d 885, 889 (9th Cir. 1978).
24. Disclosure of any and all evidence that a prospective witness has requested any consideration or benefit for that witness' cooperation and/or testimony herein, whether or not the government agreed to such a request. Reutter v. Solem, 888 F.2d 578, 581 (8th Cir. 1989).
25. Disclosure of any and all evidence of any statements, discussion or advice made by the government or its agents to any prospective witness herein concerning any plea bargain, or other consideration offered or requested that witness' cooperation and/or testimony herein, whether or not the government agreed to such a request. Haber v. Wainwright, 756 F.2d 1520, 1523-24 (11th Cir. 1985)
26. Disclosure of any and all evidence that any prospective government witness has at any time in the past cooperated with the government in the criminal prosecution of other persons, including but not limited to; all monies, benefits, promises and/or other forms of consideration in exchange for said witness' prior cooperation, the full extent of the witness' assets, and present and past income tax liabilities. United States v. Shafer, 789 F.2d 682, 688-89, and n. 7 (9th Cir. 1988).
27. Disclosure and copies of all prior statements of any prospective government witness relevant to that witness' testimony herein or relevant to impeachment of said witness or testimony. See United States v. Brummel-Alvarez, 991 F.2d 1452 (9th Cir. 1992).
28. Disclosure of any and all evidence that any prospective government witness has made an inconsistent statement to the government or its agents with respect to that witness' testimony herein. United States v. Isgro, 974 F.2d 1091 (9th Cir. 1992).
29. Disclosure of any and all evidence that any prospective government witness has made any statement inconsistent with or contradictory to any statement by any other person pertaining to any subject material to any fact in issue herein. United States v. Minsky, 963 F.2d 870, 874 (6th Cir. 1992), United States v. Hibler, 463 F.2d 455, 460 (9th Cir. 1972).
30. Disclosure of any and all evidence that any prospective government witness has engaged in criminal activity not resulting in conviction. See United States v. Osorio, 929 F.2d 753,761 (1st Cir. 1991).
31. Disclosure of any and all evidence that any prospective government witness has ever made any false statement to law enforcement authorities. See United States v. BernalObeso, 989 F.2d 331, 337 (9th Cir. 1993).
32. Disclosure of any and all evidence that any witness has a tendency to lie or exaggerate. United States v. Strifler, 851 F.2d 1197, 1202 (9th Cir. 1988).
33. Disclosure of any and all evidence that any prospective government witness consumed any intoxicating substance prior to witnessing or participating in the events giving rise to that witness' testimony. See United States v. Butler, 481 F.2d 531, 534-35 (D.C. Cir. 1973).
34. Disclosure and copies of any and all medical, psychological or psychiatric evidence tending to show that any prospective government witness' ability to perceive, remember, relate or communicate factual evidence is impaired. See United States v. Lindstrom, 698 F.2d 1154, 1163-68 (11th Cir. 1983).
35. Disclosure of any and all evidence that a prospective government witness is biased or prejudiced against the defendant or any codefendant, or whether that witness has any motive to testify falsely in any regard. See United States v. Strifler, 851 F.2d 1197, 1202 (9th Cir. 1988).
36. Disclosure of any and all evidence that a prospective government witness has taken a polygraph examination and the result(s) thereof. See Carter v. Rafferty, 826 F.2d 1299, 1305 (3rd Cir. 1987).
37. Disclosure of the name and contact information of any person(s) who misidentified or was not able to identify the defendant or any codefendant herein during the investigation of this case. See James v. Jago, 575 F.2d 1164, 1168 (6th Cir. 1978).
38. Access to any physical evidence tending to exculpate the defendant in whole or part or tending to mitigate punishment. Brady v. Maryland, 373 U.S. 83 (1963).
39. Disclosure of the commencement and termination dates of any grand jury that returned an Indictment herein. In re Grand Jury, 903 F.2d 180 (3rd Cir. 1990).
40. Disclosure the number of grand jurors attending each session of any grand jury proceedings herein and the number of said grand jurors voting to indict. See United States v. Leverage Funding Systems, Inc. 637 F.2d 645, 649 (9th Cir. 1980).
41. Disclosure of the identity and contact information for every prospective witness the government may reasonably call at trial herein. See Arizona v. Manypenny, 672 F.2d 761, 765 (9th Cir. 1982).
42. Disclosure and copies of any state or federal presentence and/or probation reports prepared with respect to any prospective government witness. See United States v. Schlette, 842 F.2d 1574, 1577 (9th Cir. 1988).
Respectfully submitted this 11th day of February, 2016.
Andrew M. Kohlmetz, OSB 955418 Attorney for Defendant Patrick
Here is a video of Kohlmetz posted on his website.
The website libertyunderattack.com is doing a great job covering this case and posting many legal documents of many of the defendants. The Jason Patrick page is here.
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Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, TargetLiberty.com, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, HenryMakow.com, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, SaveTheMales.ca, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, FromTheTrenchesWorldReport.com, BeforeItsNews.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.
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