Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cr-00232-RPM

Document 1020

Filed 10/19/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 03-cr-00232-RPM UNITED STATES OF AMERICA, Plaintiff, v. EDWARD P. MATTAR, III, THOMAS ALAN BOYD, JACK O. GRACE, JR., GLENN M. GALLANT, DOUGLAS R. BAETZ, Defendant(s). _____________________________________________________________________ DEFENDANT BOYD'S MOTION TO JOIN MOTION FOR DISCLOSURE _____________________________________________________________________ Mr. Boyd joins Mr. Grace's Motion for Disclosure of its revised witnesses list, and requests that the government be directed to provide the list forthwith. Mr. Boyd understands that the unusual trial schedule has affected the schedules of the government's presentation. To that end, Mr. Boyd has agreed to re-commence the testimony of Mr. Wolfschlag after Mr. Wolfschlag's return from a planned vacation in Mexico. However, the government has not yet informed counsel of whom it intends to call in the interim, or when Mr. Wolfschlag will return. Mr. Sears correctly reports that, in response to the Court's order to disclose a list of exhibits it intends to use for each witness, the government has taken to identifying multitudes of documents that it does not use at all. For example, in preparation for Ms. Long's testimony, the government sent counsel a list of 176 exhibits late Friday

Case 1:03-cr-00232-RPM

Document 1020

Filed 10/19/2006

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afternoon before her testimony the following Tuesday. Of these, only 80 exhibits were actually used. In preparation for Mr. Wolfschlag's testimony, the government sent counsel a list of 165 exhibits. Of these, only 26 were actually used. These unnecessarily long exhibit lists cost time and money to review and organize for each witness. And, by identifying multiple exhibits that it clearly does not intend to use, the government undermines the purpose of the court's order to disclose the exhibits in advance of testimony. Counsel has some witnesses under subpoena who are less than cooperative. Some are FDIC employees. Others are simply worn out from eight years of government interviews and depositions. These witnesses are also on the government's original list. If the government is not going to call these witnesses, counsel needs to know so that efforts can be made to make sure the witnesses will appear to testify as directed. In short, a revised list of witnesses, and better compliance with the order to disclose exhibits that the government intends to use, will go a long way toward planning the completion of this case and avoiding additional hardship for the defense and its witnesses. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/Virginia L. Grady VIRGINIA L. GRADY Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 2

Case 1:03-cr-00232-RPM

Document 1020

Filed 10/19/2006

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Facsimile: (303) 294-1152 E-mail: [email protected] Attorney for Defendant Thomas Alan Boyd CERTIFICATE OF SERVICE I hereby certify that on April 10, 2006, I presented the foregoing DEFENDANT BOYD'S MOTION TO JOIN MOTION FOR DISCLOSURE to the Clerk of the Court for filing and uploading to the CM/ECF system which will send notification of such filing to the following e-mail addresses: John Haried, Assistant U.S. Attorney [email protected] Michael Carey, Assistant U.S. Attorney [email protected] Peter Bornstein, Esq. [email protected] Patrick Murphy, Esq. [email protected] Daniel J. Sears, Esq. [email protected]

Daniel T. Smith [email protected]

Lee D. Foreman, Esq. [email protected]

and, I hereby certify that I have mailed or served the document or paper to the following participants in the manner indicated by the non-participant's name: Thomas Alan Boyd (Via U.S. Mail) 4049 Spy Glass Lane Niwot, Colorado 80544

S/Virginia L. Grady VIRGINIA L. GRADY Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1152 E-mail: [email protected] 3

Case 1:03-cr-00232-RPM

Document 1020

Filed 10/19/2006

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Attorney for Defendant Thomas Alan Boyd

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