ALAN D. BERSIN
United States Attorney
Southern District of California

L. J. O'NEALE
Assistant United States Attorney
California State Bar Number 72143
880 Front Street, Room 6293
San Diego, California 92101-8800
(619) 557-7048
Attorney for the United States

United States District Court
Southern District of California

UNITED STATES OF AMERICA,

Plaintiff,

VS.

LEROY BROWN ( 1 ),

CURTIS JARES ( 2 ),

RICKY ROSS ( 3 ),

MICHAEL McLAURIN (4),

Defendants.

Case No. 95-0353-H

Date: March 4, 1996

Time: 2:00 p.m.

GOVERNMENT' S MOTIONS IN
LIMINE TO PRECLUDE
REFERENCE TO THE CENTRAL
INTELLIGENCE AGENCY, AND
FOR RECIPROCAL DISCOVERY

COMES NOW the United States of America, through its attorney,

Alan D. Bersin, United States Attorney, Southern District of

California, by L.J. O'Neale, Assistant United States Attorney, and

respectfully submits Motions in Limine to preclude any reference to

any purported activities of the Central Intelligence Agency, and

for Reciprocal Discovery.

MOTION TO PRECLUDE REFERENCE

The United States has reason to believe that at least one of

the defendants in this case intends to claim at trial that the

confidential informant once trafficked in cocaine for or with the

United States Central Intelligence Agency. The United States

believes that such allegations are not true, and that the threat

to make such allegations is solely intended to dissuade the United

States from going forward with the prosecution to avoid the making

of scandalous (if true) and scurrilous (if false) allegations.

None of the defendants, however, has complied with the

Classified Information Procedures Act (CIPA), 18 U.S.C., App. III,

a necessary prerequisite to the making of any such claims. Title

18, United States Code, Appendix III, 5, states, in pertinent

part:

(a) Notice by defendant . -- If a defendant reasonably

expects to disclose or cause the disclosure of classified

information in any manner in connection with any trial or

pre-trial proceedings involving the criminal prosecution

of such defendant, the defendant shall, within the time

specified by the court, or, where no time is specified,

within thirty, days prior to trial, notify the attorney

for the United States and the court in writing. Such

notice shall include a brief description of the

classified information .... No defendant shall disclose any

information known or believed to be classified in

connection with a trial or pretrial proceeding until

notice has been given under this subsection and until the

United States has been afforded a reasonable opportunity

to seek a determination pursuant to the procedures set

forth in section 6 of this Act, and until the time for

the United States to appeal such determination under

section 7 has expired or any appeal under section 7 by

the United States has been decided.

(b) Failure to comply. -- If the defendant fails to

comply with the requirements of subsection (a)the court

may preclude disclosure of any classified information not

made the subject of notification and may prohibit the

examination by the defendant of any witness with respect

to any such information.

The purpose of the Classified Information Procedures Act is to

prevent "greymail," where a defendant presses for release of

classified information to force the government to drop a

prosecution. United States v. Rewald, 889 F. 2d 836, 847 ( 9th Cir.

1989 ), modified 902 F. 2d 18 ( 1990 ), cert. denied, 498 U.S 819

(1990).

Here, the United States believes that at least one defendant

will attempt to assert to the effect that the informant in this

case sold cocaine to raise money for the Nicaraguan contras, and

that he did so in conjuction with, or for, the Central

Intelligence Agency. This matter, if true, would be classified; if

false should not be allowed.

The only purpose for asking questions in this regard would be

as a clumsy attempt to bullyrag the United States into foregoing

prosecution. Since no defendant has complied with the CIPA notice

requirements, none can be deemed to proffer the allegations as

true.

The Court, then, should preclude any mention of the Central

Intelligence Agency or its alleged activities in the course of the

trial of this matter. (The Court should note that the informant

will admit that he was a large-scale dealer in cocaine, and there

is no additional benefit to any defendant to inquire as to the

Central Intelligence Agency; the threat to so inquire is simply a

gambit.)

WHEREFORE the United States respectfully prays that the Court

issue its Order in Limine prohibiting, any defendant from making any

reference in this case to the United States Central Intelligence

Agency, or to any alleged activity of that Agency.

MOTION FOR RECIPROCAL DISCOVERY

The United States renews its previous Motion for Reciprocal

Discovery, noting that it has received no reciprocal discovery

whatever from any defendant. The United States respectfully prays

that the Court bar any offer of or reference to any evidence from

and by any defendant if that evidence should have been provided as

reciprocal discovery.

DATED this 26th day of February, 1996.

Respectfully submitted,

ALAN D. BERSIN

United States Attorney

Southern District of California

L.J. O'NEALE

Assistant United States Attorney