Trujillo v. Apple Computer, Inc. et al

Filing 1032

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITE D STATES OF AMERICA V. ALBERT OLATUNJI SOFUNWA ) ) ) ) )

05 CR 1001 Honorable James F. Holderman Jud ge Presiding

MOTION TO PRESERVE HANDWRITTEN NOTES OF GOVERNMENT AGENTS NOW COMES ALBERT SOFUNWA, by and through his attorney Kaaren M. Plant and hereby moves this Honorable Court to order the Government to preserve all notes taken by government agents during interviews of the Defendant or any witnesses. 1. Pursuant to 18 U.S.C. Section 3500, the government must produce al witness statements in its' possession which relate to subject matter as to which the witness has testified. Notes of a witness interview may constitute Jencks Act material and whether such notes must be produced is for the decision of the court. Such notes are also discoverable pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and Rule 16 of the Federal Rules of Criminal Procedure. WHEREFORE, the Defendant requests this Court to enter an order requiring the government to preserve all notes taken by agents during interviews of witnesses and the Defendant. Respectfully submitted, s/ Kaaren M. Plant Kaar en M. Plant 53 W. Jackson Blvd. Suite 703 Chicago, Illinois 60604 [phone]

CERTIFICATE OF SERVICE

I hereby certify that the Foregoing Defendant's Motion to Preserve Handwritten Notes of Go vernment Agents was served on May 15, 2006, in accordance with Fed. R. Crim. P. 49 and the General Order on Electronic Case Filing (ECF) pursuant to the District Court's system as to ECF filers. s/ Kaaren M. Plant

Kaar en M. Plant 53 W. Jackson Blvd. Suite 703 Chicago, Illinois 60604 [phone]