JOINT STIPULATION ON PRETRIAL DISCOVERY

COMES NOW the Defendant, *, JR., and the government, and hereby stipulate to the following understanding regarding the production and discovery of evidence between the parties for purpose of trial preparation. The following is stated as the specific matters forming the basis of the stipulation:

1. That on September 12, 1995, a conference took place between counsel for the Defendant and Assistant U.S. Attorney Thomas W. Turner regarding the discovery process in this case.

2. That at that time an agreement was reached that the government would turn over to the Defendant all relevant evidence necessary for the defense and the Defendant would provide reciprocal discovery as well. This would be an "open-file" discovery process making the filing of discovery motions unnecessary. Consequently, the Defendant has not filed numerous motions requesting discovery as a result of this stipulation.

3. That the government hereby promises to provide the following:

a. all evidence under Rule 16, Fed.R.Crim.P., such as all statements of the Defendant; all documents and tangible evidence; reports and test results, etc.; all relevant documents and physical evidence.

b. all "Brady" evidence and material favorable to the defendant for trial

c. all "Giglio" evidence

d. impeachment material; prior misconduct; inconsistent statements; criminal records; evidence of bias and motive to testify

e. early production of Jencks material

f. collateral act evidence (404 b)

g. Grand Jury evidence

h. Promises of immunity; deals made or other evidence showing a motive to testify

i. statements of charged or uncharged co-conspirators

j. all notes of agents to be retained and available for trial

k. statements of co-defendants

4. That the defendant will also provide to the government any evidence it plans to use at trial in a timely manner. This is to be a reciprocal duty to disclose evidence, as agreed herein.

5. That the duty to disclose all relevant evidence is a continuing one and should be made in a timely manner.

6. That the discovery provided herein is made in good faith and in compliance with the Order of August 29, 1995, entered by the United States Magistrate Judge.

DATED this day of September, 1995.

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