Free Reply to Response - District Court of Connecticut - Connecticut

Case 3:03-cr—OO242-SRU Document 82 Filed 06/05/2OOT PGQGW 0f3
UNITED STATES DTSTRICT COURT .
DISTRICT OF CONNECTICUT F:!§m.EE§§
Joss M.R1vsRA #— 2;03ciH1$ihJ¥{Tt¤5> A 8= 53
vs. Y'?.O£TRMH`COUET
Hay 12, ZOOTSETLSSSF
UNITED STATES OF AMERICA
‘" ONE ”S REPLY TO THE GOV'T'S RESPONSE TO PETITIONER'S
THE -
m
O ·R THE GOV T ATTORNEY TO PRODUCE THE 911 CALL & POLICE RADIO

This court has jurisdiction to enetertain this motion pursuant
to F.R.Civ.P., R.37(a) Motion for order compelling disclosure.
STATEMENT OF THE FACTS
The Waterbury Police officers testified during the suppression
hearing & trial, that when they had arrived at 233 River st.,they had
eye witnessed Jose M.Rivera, the petitioner actually possessieng a
firearm. As a result, they now had probable cause to arrest Rivera.
However the 911 call or police radio communications were never pro-
duced before or after their testimonies.
i Rivera filed a Complaint
(after sentencing) regarding his lawyer Paul F;Thomas never cross
examining the said witnesses with this evidence. See Rivera vs.Thomas
#05-1042, contact lawyer for the panel, M.A.Georgetti 67 Russ st.,
Htfd.,Conn.O6106, for a copy of Mr.Thomas's response to Rivera's com-
plaint. Rivera also requesting a copy of the 911 call & the police
radio communications from Thomas. But to no avail!
In Eric J.Glover's
(the AUSA)rep1y dated 1-2—O3,exhibited in the Gov't's response, he
clearly stated that he turned over the 911 call & police radio comm., A
to Thomas.
ARGUMENT
The said evidence would have substantiated or refuted those police of-
ficers testimonies. The disclosure of the said police comm.,& the tim-
ings are irrefutable evidence. Rivera is requesting that the proceed-
ing be stopped, pending the G0v't attorney production of a transcribe
""""”""T'TT"""`""`““`”""

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‘*` Case 3:03-cr—00242-SRU Document 82 Flléd 06/05/2 g
version including the timings in chronological order of each event from
the 911 call until the arrest of Rivera?
The requested evidence is Jenck
S material!
"both R.16 and the Jencks Act entitled the defense to exa-
mine the taped material").This court sees no functional difference
between undercover investigation tapes recorded at the Govt's insti—
gation which contain prior statements of a Gov't witness and dispatch
tapes which similiarly contain a gov't witness 's statements.'
(1994) u.s.vS.F1¤ra¤k155F.R.1J.49(w.1;>.N.Y.)
Rivera deserve's expedited proceedings in this matter,because of
Thomas's misconduct. That is, he failed to provide his client R., with
effective assist.,of C.,in violation of the 6th amdt.,to the U.S.Const.
If Rivera would have received effective assist.,of C.,their is a rea-
sonableprobability that he would have never been convicted. This is a
unusual case. Rivera is hoping that the court will not tol3PgtE°tEe°f
gov't.,attorney's unnecessary undue delays in this matter,because R.,
is languishing in prison. l
C 0 N C L‘U S I O N
For the fooregnnng reasons, this court should stop the proceedings &
any compliance deadlines and order the Gov't atty.,to produce the 911
& police radio comm., transcribed including the timings at once!

(*As well as the street name & telephone # via caller Idgétg.?)
E f
‘ Z`.
Jose M.Rivera,Prose #15276-014
U.S.P., Lewisburg
P.0. Box 1000
ale e Lewisburg,Pa. 17837

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Case 3:03-cr—00242-SRU Document 82 Fnled 06/05/20 69
CERTIFICATION
This is to certify that ;+copy of the foregoing Petitioner's
Reply To The gov't's Response to petitioner's motion for collateral
Relief was sent this 14th day of May 2007 to:
Mr.Kevin J.O'Conner, the U.S.Attorney
For "Eric J.Glover, AUSA
U.S.Att0rney's office
157 Church st. 23rd Flr.
New Haven,Conn.O6510
The U.S.District Court(D-Conn.)
J.Stefan F.Underhill
915 Lafayette Boulevard
Bridgeport,Conn.O6604
By. Jose M.Rivera,Prose
#15276-014
U.S.P.,Lewisburg
P.O.Box 1000
Lewisburg, Pa.17837