MOTION FOR LIST OF WITNESSES AND WITNESS STATEMENTS

The Defendant respectfully moves this Court for an Order directing the government to make available to the Defendant the following:

1. A written list of the names and addresses of all witnesses the government intends to call in their case-in-chief, which list is to be provided sufficiently before trial to permit adequate defense preparation.

2. All written or recorded statements and all oral statements reproduced or summarized in any manner by any prospective government witness in connection with this case.

3. The names, addresses and statements, whether written, recorded or summarized in any manner, of all persons known to have knowledge of statements made by the Defendant which pertain to the subject matter of this indictment or knowledge pertaining to this case, or who have been interviewed by government agents in connection with this case.

4. A copy of all original notes and memoranda whether handwritten or otherwise, that may have been made by any and all state and/or federal agents investigating this case, including any person acting as an informant or in an undercover capacity.

5. The names and addresses of all witnesses and any documentary evidence known to or in the possession of the government which is favorable to the Defendant or which may lead to material exculpatory to the Defendant or which is material to the preparation of his defense under Brady v. Maryland, 373 U.S.83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

WHEREFORE, the Defendant respectfully requests that this Court issue an Order requiring the government to produce immediately each of the enumerated materials and information requested.

Disclosure of the names of witnesses to be called by the government at trial is a recognized federal practice. The defendant seeks also to have this Court set a reasonable time prior to trial within which such disclosure shall be made. Additionally, defendant requests disclosure of the addresses of such witnesses so that they may be interviewed by defense counsel. See United States v. Harris, 542 F.2d 1283, 1291 (7th Cir. 1976) and United States v. Ahmad, 53 F.R.D. 186, 191 (M.D.Pa. 1971).

It is well settled that not all statements of prospective witnesses fall within the purview of 18 U.S.C. § 3500 (Jencks Act). If the statements are not recitals of past occurrences, but rather of contemporaneous occurrences, they are subject to pretrial discovery. Davis v. U.S., 413 F.2d 1226, 1231 (5th Cir. 1969). Furthermore, if the statements were made by persons the government does not intend to call at trial, they are likewise discoverable before trial under Fed. R. Crim. P. 16(a)(1)(C). See United States v. Marshak, 364 F.Supp. 1005 (S.D.N.Y. 1973).

Assuming that some of the statements requested can arguably be classified as Jencks Act material, the exigencies of the case commend their pretrial disclosure. Immediate production of this material should be encouraged for the purposes of allowing adequate defense preparation and achieving an orderly trial. United States v. Sebastian, 497 F.2d 1267, 1270 (2d Cir. 1974). Early disclosure of Jencks material will obviate the need for lengthy recesses during trial to allow defense counsel adequate time to read such material.

The factors that warrant disclosure of the names, addresses and statements of witnesses who will be called at trial warrants the same disclosure as those who will not be called. See United States v. Houston, 339 F. Supp. 762, 766 (N.D.Ga. 1972) (disclosure of names and addresses of non-witnesses ordered). This Court should therefore exercise its discretion in favor of such disclosure.

DATED this day of October, 1995.

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