UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

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v. : Case No. xx-139-01 (RCL)

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xxxxxxxxxxxxxxxxxxx :

ET AL.

DEFENDANTS' MOTION FOR

EARLY DISCLOSURE OF JENCKS MATERIAL

AND TIMELY DISCLOSURE OF BRADY/GIGLIO MATERIAL

Comes now the accused, Arthur R. xxxxxxxx and Thomas xxxxxxxx, by counsel, and move this honorable Court for the entry of an order requiring early disclosure of Jencks material which ordinarily would not be producible until after a witness has testified at trial. 18 U.S.C. § 3500 and Fed. R. Crim. P. 26.2., but which the government has agreed to provide at some point after the jury is sworn. In addition, the accused move under Rule 12(i) of the Federal Rules of Criminal Procedure for the early disclosure of said material to the extent that it is relevant to any pretrial motion which has been filed by the defendants. The Court's authority to order such early disclosure is found in the Fifth and Sixth Amendments to the United States Constitution, Fed. R. Crim. P. 2, and the inherent supervisory power of this Court.

Defendants also move for timely disclosure of all Brady/Giglio material pursuant to the aforesaid authority and United States v. Pollack, 534 F.2d 964, 973 (D.C. Cir.), cert. denied, 429 U.S. 924 (1976). Specifically, the defendants respectfully request that all Jencks material (whether relevant to trial or suppression witnesses) be disclosed on or before October 18, 1996 and all Brady/Giglio material be disclosed to defendants' counsel immediately.

Respectfully submitted,

A.J. Kramer

Federal Public Defender

L. Barrett Boss

Assistant Federal Public Defender

625 Indiana Avenue, N.W., Suite 550

Washington, D.C. 20004

(202) 208-7500

Joseph Conte, Esquire

601 Pennsylvania Avenue, N.W., #900

Washington, D.C. 20004

(202) 638-4100