Koubriti v. Convertino et al

Filing 63

MOTION to Dismiss or, Alternatively, for Summary Judgment by Michael Thomas. (Attachments: # 1 Exhibit Declaration of Michael Thomas) (Swick, Richard)

DECLARATION MICHAEL J. THOMAS
I, Michael Thomas, do hereby solemnly swear or affirm under penalty of perjury the
following is true to the best of my knowledge and belief.
1,

I did not take any photographs of the Queen Alia Hospital but I did request that they be
taken When I received electronic copies of the photographs from the State Department, I
furnished copies to prosecutor Richard Convertino.

2.

At notime did I withhold photographs or any other evidence from AUSA Conveffino or
plaintiff’s defense counsel in his criminal case.

3.

I proide’d any and all information pertinent to the case to prosecutor Richard Convertino.
At no time did I withhold any emails concerning sketches of the Queen Alia Hospital
from prosecutor Richard Convertino or plaintiffs defense counsel in his criminal case.

4.

I did ;ot withhold from prosecutor Richard Convertino that Nassar Ahmed told me his
mentilly unstable brother might have been doodling in the day planner that was seized in
the cdursc of the investigation preceding plaintiffs criminal trial. Nassar Ahmed never
told me that the sketches in his day planner were because his brother had been doodling
in Msday planner or that his brother had drawn the sketches.

5.

1 did i1ot withhold from prosecutor Richard Convertino or plaintiffs defense counsel in
his criminal case that Air Force OSI SA Goodnight stated that the alleged sketch of the
Incirlik Air Base was not accurate. To my knowledge, SA Goodnight made no such
statetent.

6.

I did iot withhold from prosecutor Richard Convertino or plaintiffs defense counsel in
his criminal case the names of any witnesses who could testify that the alleged sketch of
the I+irlik Air Base was not accurate. AUSA Convertino and I visited Incirlilc Air Force
Base fogether and both of us thought that the sketch, which was very rough accurately
what we saw there.

7.

I did not record by way of a 302 the contents of interviews with Yousef Hnimssa because
Mr. 9onvertino was conducting the interviews. I was subsequently instructed by FBI
management that I was not supposed to make such notes as interviews by the prosecutor
are cnsidered trial preparation, and that was the proseeuto?s decision.

8.

I did iot withhold from prosecutor Richard Convertino a 9/11/2007 email wherein I
stateci that there was difficulty transcribing the audio portions of the videotape due to the
Tuniusei or Algeria dialect speech. AUSA Convertino was aware of this problem.
1 did not withhold from prosecutor Richard Convertino that Yousef Hmimssa may have
given differing accounts or had expounded on information he providcd in the course of
my interviews with him. Convertino was aware of any discrepancies or additional
inforrxation provided, as a result of additional questioning, because Convertino was

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pres4t for the interviews. Moreover. Corivertino determined the scope and content
HminlLissa’s trial testimony and to my knowlcdge did not allow Umimissa to testify about
anything that was not corroborated by other evidence.
10.

I had no reason to believe that I did anything or failed to do anything in the criminal
invesigation of plaintiff that denied him a fair trial or violated any constitutional rights of

Michael
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