Free Reply to Response - District Court of Arizona - Arizona

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MATHEW & MATHEW, P.C. IVAN K. MATHEW (SBN: 011610) SUSAN T. MATHEW (SBN: 012916) 1850 N. Central Avenue, Suite 1910 Phoenix, Arizona 85004 Tel: (602) 254-8088 / Fax: (602) 254-2204 e-mail: [email protected] Attorneys for Defendant, RICHARD NAIL

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. HARVEY L. SLONIKER, JR., TYE SLONIKER, KINDY JONAGAN, ROBERT SHINN, RICHARD NAIL, and JOHN DESIDERIO, Defendants.
CASE NO. 04-CR-820-PHX-FJM

REPLY TO MOTION FOR DISCLOSURE OF BRADY MATERIAL (Assigned to the Hon. Frederick J. Martone)

The Government claims that it has complied with the obligations for disclosure pursuant to this Court's orders. The Court's order specifically provided that exculpatory Brady Material would be provided on October 1, 2005. Recorded communications which are recorded between the alleged victims in the indictment have not been provided.1 Exculpatory information regarding the dealings between the Sloniker companies and the entities that he bought fulfillment packages from have not been provided. In addition, packets received by the customers also have not been turned over. Defendant Nail adopts and incorporates herein Defendant Desiderio's Reply to The United States' Response to Defendant's Motion for Disclosure of Brady Information.

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The telephone communications provide not only potential impeachment information, but also exculpatory information, as it involves the recordings of the company's employees, and should have been turned over at the beginning of the month of October.
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CONCLUSION The Government has been ordered to provide exculpatory information. They claim that they have complied. Defendant Nail believes they are mistaken. RESPECTFULLY SUBMITTED this 24th day of October, 2005. MATHEW & MATHEW, P.C By: _____s/Ivan K. Mathew_______ Ivan K. Mathew Attorneys for RICHARD NAIL

CERTIFICATE OF SERVICE United States of America v. Sloniker, et al. 04-CR-820-PHX-FJM I hereby certify that on October 24, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Paul K. Charlton United States Attorney Rachel C. Hernandez Gary M. Restaino Assistant U.S. Attorney e-mails: [email protected];
[email protected] Attorneys for Plaintiff United States of America

Gregory T. Parzych Maricopa Legal Defenders Office e-mail: [email protected] Attorneys for Defendant Tye Sloniker

Thomas M. Hoidal Hoidal & Hannah, P.C. e-mail: [email protected] Attorneys for Defendant John Desiderio Jeanette E. Alvarado Asst. Federal Public Defender e-mail: [email protected] Attorneys for Defendant Robert Shinn

Michael J. Bresnahan e-mail: [email protected] Attorneys for Defendant Kindy Jonagan Bruce Blumberg Blumberg & Associates [email protected] Attorneys for Harvey Sloniker

s/Candace Deegan
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