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.
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