IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

: Cr.No. xx-92 (JHP)

v. :

:

xx xxxxxxxxxxx :

EX PARTE MOTION FOR SUBPOENA OF DOCUMENTS

Defendant xxxxx xxxxxxx, through counsel, respectfully moves the court to issue the attached subpoena pursuant to Federal Rules of Criminal Procedure Rule l7(c), and as grounds for his Motion, shows the court:

l. Mr. xxxxxxx is charged with distribution of and possession with intent to distribute crack cocaine. Trial is set for May 28, l99l.

2. At the time of Mr. xxxxxxx's arrest, another person was arrested and charged with the same offenses. That man, xxxx xxxxx, also known as "xxxxx" xxxxxxx, was released the day after the arrest because the case against him was no-papered.

3. An investigator working for undersigned counsel interviewed Mr. xxxxx about this case. On the basis of that interivew and other information uncovered during the course of this investigation, counsel believes that Mr. xxxxx would, if called as a witness in this case, and if he waived any Fifth Amendment privilege he might have, provide exculpatory testimony on Mr. xxxxxxx's behalf. In fact, Mr. xxxxx would admit that it was he who made the sale of cocaine with which Mr. xxxxxxx is charged and that the vial of cocaine that Mr. xxxxxxx allegedly possessed was in fact his.

4. Since our initial interview with Mr. xxxxx, this matter was scheduled for trial. As soon as a trial date was set, counsel attempted to serve a subpoena upon Mr. xxxxx. However, counsel's investigator has determined that Mr. xxxxx has moved and left no forwarding address. We have exhausted all possibilities of locating Mr. xxxxx.

5. Upon information and belief, Mr. xxxxx and his wife are respondents in a neglect proceeding in the Family Division of the Superior Court having to do with the placement of their four children. The Director of Social Services at the District of Columbia Department of Human Services would have assigned a social worker to work with Mr. xxxxx toward the end of regaining custody of his children. That office would have a current address for Mr. xxxxx, counsel believes.

6. By statute, The Director of Social Srvices must keep information generated during a neglect proceeding confidential.

See, e.g., l6 D. C. Code Secs. 233l, 2332, 2336.

7. Mr. xxxxxxx's Sixth Amendment right to compel the presence of witnesses and to present a defense is paramount to this general confidentiality requirement imposed by the D. C. Code. Chambers v. Mississippi, 4l0 U.S. 284 (l973); Pennsylvania v. Ritchie, 480 U.S. 39 (l987).

It is essential to his defense that he be able to present the evidence that Mr. xxxxx could testify to. For the reasons stated above, he respectfully requests that the attached subpoena issue forthwith.

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

_______________________

Reita Pendry

Assistant Federal Defender