Free Motion for Discovery - District Court of Arizona - Arizona

1 LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C. Michael J. Bresnehan, Esquire 2 1761 East McNair Drive, Suite 101 Tempe, AZ 85283-5002 3 480-345-7032 [email protected] 4 State Bar No.: 009415 5 Attorney for Defendant 6 7 8 9 10 11 vs. 12 TEDDY LEE LOWE, 13 14 15 16 17 18 19 expert for scientific testing, all for the reasons set forth in the accompanying memorandum of points and authorities. Excludable delay under 18 U.S.C. §3161(h)(1)(F) may occur as a result of COMES NOW the defendant, by and through the undersigned attorney, and hereby moves this Court to order the government to make certain physical evidence available to the defendant's Defendant. United States of America, Plaintiff, IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No.: CR-04-487-PHX-ROS MOTION FOR ORDER COMPELLING DISCOVERY

20 the defendant's motion, or an order based thereon. 21 22 23 24 25 26 27 28 Case 2:04-cr-00487-ROS Document 113 Filed 08/25/2005 Page 1 of 2 s/ Michael J. Bresnehan Attorney for Defendant RESPECTFULLY SUBMITTED this 25th day of August, 2005 by MICHAEL J. BRESNEHAN, P.C.

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MEMORANDUM OF POINTS AND AUTHORITIES The government alleges that the defendant, a felon, was in possession of several guns the BATF/police found in defendant's automobile. The defendant asserts that the guns all belonged to other people, and he had neither actual nor constructive possession of them. To advance his defense, the defendant would like to establish that neither his fingerprints

7 nor his DNA is on any of the guns found in his vehicle. 8 9 10 11 12 13 14 Copy of the foregoing delivered 15 this 25th day of August, 2005, to: 16 Bill Solomon, Esq. Assistant U.S. Attorney 17 Two Renaissance Square 40 N. Central, Suite 1200 18 Phoenix, Arizona 85004-4408 19 Lisa Maxie-Mulllins 20 Arizona Attorney General's Office 1275 West Washington St. 21 Phoenix, AZ 85007-2926 22 Teddy Lee Lowe Defendant 23 By__s/ Michael J. Bresnehan 24 25 26 27 28 Case 2:04-cr-00487-ROS Document 113 2 Filed 08/25/2005 Page 2 of 2 s/ Michael J. Bresnehan Michael J. Bresnehan Attorney for Defendant MICHAEL J. BRESNEHAN, P.C. RESPECTFULLY SUBMITTED this 25th day of August, 2005 by