OFFICE OF DEFENSE SERVICES

PUBLIC DEFENDER’S OFFICE

ELBERTN.CARVELSTATEOFFICEBUILDING
820 NORTH FRENCH STREET, THIRD FLOOR

WILMINGTON, DELAWARE19801

BRENDAN O’NEILL
CHIEF DEFENDER ASSISTANT PUBLIC DEFENDER
TODD E. CONNERTELEPHONE
CHIEF DEPUTY

March 1, 2016

Deputy Attorney General

Department of Justice

820 N. French Street

Wilmington, DE 19801

Re:STATE OF DELAWARE V.

I.D.#

Dear Counsel:

I.Pursuant to Rule 16 of the Superior Court Criminal Rules, I request the materials listed below. To the extent any of the Rule 16 items have already been provided through automatic discovery, you need not reply. If you have already provided Rule 16 materials in automatic discovery but they have not yet reached my file, I will again check the prothonotary's office and the Public Defender's Office. If I still cannot locate them, I will make an informal request that you again provide the Rule 16 materials via automatic discovery.

A.Any written or recorded statements made by the defendant or a codefendant (whether or not charged as a principal, accomplice or accessory in the same or in a separate proceeding); any written record containing the substance of any relevant oral statement made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be a state agent; and recorded testimony of the defendant before a grand jury which relates to the offense charged; the substance of any other relevant oral statement made by the defendant whether before or after arrest in response to interrogation by any person then known by the defendant to be a state agent if the state intends to use that statement at trial.

B.Defendant's prior criminal record.

C.Any books, papers, documents, photographs, tangible objects, buildings or places, which are material to the preparation of the defendant's defense or are intended for use by the state as evidence in chief at the trial, or were obtained from or belong to the defendant.

D.Any results or reports of physical or mental examinations, and of scientific tests or experiments which are material to the preparation of the defense or are intended for use by the state as evidence in chief at the trial. This request includes any notes prepared by any law enforcement officer relating to sobriety field tests conducted in this case.

E.Expert witnesses. Any evidence which the state may present at trial under Rules 702, 703, or 705 of the Delaware Uniform Rules of Evidence, including the identity of the expert witness, his/her business address and phone number and the substance of the opinions to be expressed. This request includes any notes prepared by any expert made while conducting any test, examination or experiment and/ or notes used by any expert in the preparation of any report about any test, examination or experiment.

II.In addition, to the above, I would appreciate it if you would provide the following. If the police reports contain the items listed below, and the police reports have already been provided, this is not a request that you provide the same information twice.

A.A statement as to the approximate time and location of the alleged offense(s) in the above case(s).

B.In addition, a statement as to the date, the approximate time and location of the defendant(s) arrest, the name(s) of the arresting officer(s) or other State agent(s), and the name of the agency with which he (they) are associated.

C.Copies of all executed warrants of arrest and all executed search warrants relating to the above-captioned case(s), including all affidavits and warrant returns.

D.A statement as to the involvement of any confidential informant(s), if applicable.

E.The names of the police officers or other State agents involved in the investigation of the above case(s), and the agencies with which they are associated. If the officers in this case were required to use any degree of force in subduing the defendant, please forward copies of all reports concerning the degree of force exercised by the officers that their police agency requires.

F.A statement as to the date, time and location of any and all line-ups, photographic or show-up identifications (or attempted identifications) of the defendant(s) in connection with the above case(s).

  1. An opportunity pursuant to Jencks v. United States, 353 U.S. 657 (1957), to review witness reports and statements, whether oral or written.

H.A disclosure as to the utilization of any electronic or other mechanical surveillance device, if applicable, including but not limited to, cell phone tracker technology such as Stingray devices.

  1. Copies of all audio or videotapes, which may relate to the alleged incident in this case, including but not limited to, any law enforcement body camera footage or in-car camera footage.
  1. Copies of any and all medical records pertaining to the victim that may relate to this case to

include all follow-up medical visits. Please also include a list of any and all medical facilities from which the alleged victim sought medical treatment or advice.

K. Notice of and an opportunity to view any and all displays the State intends to present to the finder of fact during opening statements, a witness’s testimony and/or closing summations, including but not limited to, drawings, diagrams, graphs, slide presentations, videotapes, films, single- or multi-media presentations, and PowerPoint (or PowerPoint like) presentations.

  1. All information and materials in the possession of the State which fall within the ambit of Brady v. Maryland, 373 U.S. 83, (1963) and its progeny.
  1. Please consider this letter defendant's demand for all persons involved in the chain of custody of any evidence to be presented in court and Medical Examiner's personnel who prepared the Medical Examiner's report be subpoenaed for trial. This request is pursuant to 10 Del. C. Sections 4330-4332.
  1. Please consider this letter defendant’s demand for the presence of the Forensic Toxicologist, Forensic Chemist, State Police Forensic Analytical Chemist or any person necessary to establish the chain of custody pursuant to 21 Del. C. Section 4177 (h)(4).
  1. In any case in which the State will be using the Delaware Division of Forensic Science, there will be no stipulations or agreements with regard to any trial issue, including but not limited to testing and chain of custody, unless expressly agreed to in writing by counsel for Defendant.
  1. Please identify the State’s witnesses so I can check for possible conflicts of interest.
  1. Any and all records prepared and/or maintained by the Delaware Department of Correction (DOC) re the DOC’s supervision of the defendant. These records are sometimes referred to as DOC’s supervision history records.

Thank you for your cooperation and assistance in complying with this request.

Very truly yours,

Assistant Public Defender