MOTION TO COMPEL DISCLOSURE OF EXISTENCE

AND SUBSTANCE OF PROMISES, IMMUNITY,

LENIENCY OR PREFERENTIAL TREATMENT

Defendant, *, moves this Court for the entry of an Order requiring the government to disclose to defendant within 10 days subsequent to the ruling herein, the following information:

1. The existence and substance, and the manner of execution or fulfillment, or any promises, agreements, understanding or arrangements, either verbal or written, between the government and any prosecution witness, or his attorney or representative, wherein the government has agreed:

a. Not to prosecute the witness for any crime or crimes;

b. To provide a formal grant of statutory immunity in connection with any testimony given by him or her;

c. To recommend leniency in sentencing for any crime or crimes for which he or she is convicted;

d. To recommend a particular sentence for any crime or crimes for which he or she is convicted;

e. To waive any tax liability incurred by a prosecution witness or to effect a compromise of the amount;

f. To make any other recommendations of benefit or to give any other consideration, monetary or otherwise, to him or her;

MEMORANDUM

In Giglio v. United States, 405 U.S. 150, 31 L.Ed.2d 104 92 S.Ct. 763 (1972), the Supreme Court held that the government's agreement with a key prosecution witness not to prosecute in exchange for his testimony was an important factor in judging that witness's credibility. As a result, due process required that the extent of the agreement be made known to the jury.

Here the government's case depending entirely on Taliento's testimony; without it there could have been no indictment and no evidence to carry

the case to jury. Taliento's credibility as a witness was therefore an

important issue in the case, and evidence of any understanding or agreement

as to a future prosecution would be relevant to his credibility and the jury

was entitled to know of it. Giglio v. United States, supra, 92 S.Ct. at P. 766.

Therefore, defendant submits that any agreements, understandings, or recommendations between the government and a prosecution witness is a matter which is relevant to credibility of that witness and as a result the jury is entitled to know of it.

DATED this _____ day of September, 1995.

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