Free Reply to Response - District Court of Arizona - Arizona

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Brian F. Russo (018594) Attorney at Law 111 West Monroe Street Suite 1212 Phoenix, Arizona 85003 (602) 340-1133 telephone (602) 258-9179 facsimile e-mail: [email protected] Attorney for Defendant Robert Johnston IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIOZNA UNITED STATES OF AMERICA, Plaintiff, vs. ROBERT J. JOHNSTON, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. CR03-1167-PHX-DGC REPLY TO GOVERNMENT'S RESPONSE RE:MOTION TO DISMISS INDICTMENT FOR GOVERNMENTAL MISCONDUCT OCCURRING BEFORE THE GRAND JURY

(Evidentiary Hearing Requested) COMES NOW the defendant ROBERT J. JOHNSTON, by and through his attorney, Brian F. Russo, and hereby submits this Reply to the Government's Response to the above entitled Motion. The Government's Response is a recitation of its Response to Defendant's Motion to Reconsider and Supplemental Grounds for Grand Jury Transcripts [Dockets 1086 and 950 respectively]. For that reason the defendant will be brief and incorporate by reference his argument from the Reply to the same [Docket 1135].

Case 2:03-cr-01167-DGC

Document 1136

Filed 01/30/2006

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The defendant only adds and points out that the government agrees with the case law cited by defendant and that there are factual disputes between the parties. As such, an evidentiary hearing is required to produce a full and fair opportunity for the parties to make a complete record and provide the trial court testimony upon which to evaluate credibility. Only then can a meaningful decision on these issues be reached. RESPECTFULLY SUBMITTED this 30th day of January, 2006. /s/ Brian F. Russo Brian F. Russo Attorney for Defendant Johnston Copy of the foregoing Electronically mailed this 30th day of January, 2006, to: Tim Duax Keith Vercauteran Assistant U.S. Attorneys All Defense Counsel /s/

Case 2:03-cr-01167-DGC

Document 1136

Filed 01/30/2006

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