MOTION TO COMPEL DISCLOSURE OF DEFENSE WITNESS’ CONVICTION RECORDS
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION
UNITED STATES OF AMERICA
VS. NO. *
*
MOTION TO COMPEL DISCLOSURE OF DEFENSE WITNESS’ CONVICTION RECORDS
TO THE HONORABLE *, UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF TEXAS, SAN ANTONIO DIVISION:
Now comes the Defendant, *, who by and through his undersigned Counsel moves this Honorable Court to compel the U.S. Attorney’s Office for the *District of Texas, * Division, to disclose to Defendant the information and data compiled with respect to any arrests and/or convictions of defense witness in this cause and for good cause therefore would show unto this Honorable court the following:
I.
That the U.S. Government has vast and wide reaching resources [DEA, Customs, Immigration and Naturalization Service, Internal Revenue Service, Computers] in compiling data on prospective witnesses both for the prosecution and those anticipated for the defense.
II.
That the U.S. Government has access to and utilizes “rap sheet” retrieval methods available to the Government to determine prior arrests or convictions of prospective witnesses.
III.
These vast investigative resources of the U.S. Attorney’s Office in gathering information regarding prospective witnesses provides a nonreciprocal benefit to the Government which interferes with and denies to the Defendant the ability to secure a fair trial and violates the due process and “fundamental fairness” requirements of the Fifth and Fourteenth Amendments to the Constitution of the United States and further deprives this Defendant of the basic tools to adequately defend the charges against him by reason of his limited resources in violation of the Constitutional right to the equal protection of the laws.
WHEREFORE, the Defendant, *, respectfully prays that this Honorable Court order and compel the U.S. Attorney’s Office in the *District of Texas, * Division, to permit the Defendant to view and copy the data and information compiled by the Government on prospective witnesses in this cause, and for such other and further relief as this Honorable Court should deem just and proper.
Respectfully submitted:
