Oregon Wildlife Refuge Defendant Facing Felony Charge Demands To Know If Government Informants Were Used
By Martin Hill
March 8, 2016



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
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:

Patrick's lawyer, Andrew M. Kohlmetz of Portland, Oregon, is with Kohlmetz, Steen & Hanrahan, P.C. His bio on his website states, in part, "Andrew Kohlmetz has been involved with criminal defense since graduating from the University of Oregon School of Law in 1995. He practices throughout the state of Oregon in both state and federal courts. He has extensive experience defending major felony cases including homicides, sexual assaults, drug trafficking, medical marijuana, weapons offenses, white collar crimes and Ballot Measure 11 crimes. Since 2003 his practice has been primarily devoted to the defense of persons accused of serious weapons, drug, white collar and other complex criminal cases in United States District Court for the District of Oregon. He has also appeared before the 9th Circuit Court of Appeals."

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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