IN THE

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) Judge James B. Zagel

) No. 90 CR 201

xxxxxxxxxxxx)

)

)

DEFENDANT xxxxxxxxxxxx MOTION FOR DISCLOSURE

Defendant xxxxxxxx, by the Federal Defender Program and its attorney, SERGIO F. RODRIGUEZ, respectfully moves this Honorable Court, pursuant to Rule 16(a)(D) of the Federal Rules of Criminal Procedure to enter an order requiring the government to turn over copies of any and all results and reports of examinations and tests conducted on him while he was at the Federal Medical Center in Rochester, Minnesota.

In Support of this motion, Defendant states as follows:

1. Rule 16(a)(D) of the Federal Rules of Criminal Procedure states as follows:

Upon request of a defendant the government shall permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the government, and which are material to the preparation of the defense or are intended for use by the government as evidence in chief at the trial.

2. Defendant was referred to the Federal Medical Center, Rochester, Minnesota for psychiatric examination, evaluation, and determination concerning competency and responsibility pursuant to 18 U.S.C. §§4241(b) and 4242.

3. After various testing, a "forensic evaluation" report was submitted by James Thragher, M.D. of the medical center on June 20, 1990.

4. Results and reports of the different tests conducted by the psychiatric staff in Rochester, Minnesota are needed to investigate a possible insanity defense in this case.

Defendant is currently in the process of arranging for an independent psychiatric evaluation and these documents will be needed by whomever will conduct this evaluation.

5. Because of the importance that these documents will have to any such evaluations, defendant requests that these documents be turned over as soon as possible. Defendant's request includes any notes, memorandum or primary evaluations which may have formed a basis for his diagnosis.

WHEREFORE, for defendant requests that the instant motion be granted in order to adequately investigate and prepare for a defense in this case.

Respectfully submitted,

FEDERAL DEFENDER PROGRAM

Terence F. MacCarthy,

Executive Director

By:_______________________________

Sergio F. Rodriguez

Attorney for Defendant

SERGIO F. RODRIGUEZ

FEDERAL DEFENDER PROGRAM

219 S. Dearborn Street #1142

Chicago, IL 60604

(312)427-3234