1 2 DENNIS K. BURKE 3 United States Attorney

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DENNIS K. BURKEUnited States AttorneyDistrict of ArizonaWALLACE H. KLEINDIENSTAssistant U.S. AttorneyState Bar No. 012506405 West Congress Street, Suite 4800Tucson, Arizona 85701-5040Telephone: (5320) [email protected] for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America,

Plaintiff,

vs.

Jared Loughner,

Defendant.

)))))))))))

Case No. CR 11- 187-TUC-LAB

MOTION FOR ORDER TO COMPEL DEFENSE COUNSELS’

COMPLIANCE WITH FEDERAL RULES OF CRIMINAL

PROCEDURE RULE 17(c)

COMES NOW the United States of America, by and through its undersigned counsel,

and hereby respectfully moves this Honorable Court to enter an order compelling defense

counsel to comply with Federal Rules of Criminal Procedure,Rule 17(c) when issuing a court

subpoena duces tecum for the production of documents in this case and to grant other relief

requested herein.

1. Rule 17(c) requires that the party seeking a subpoena duces tecum make an

application to the Court for an order approving the issuance of the subpoena. “Only in the

case of a subpoena duces tecum may the Court direct that the evidence subpoenaed be

produced for inspection before the trial or before it is to be offered in evidence.” United

Case 4:11-cr-00187-LAB Document 277 Filed 08/11/11 Page 1 of 5

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States v. Keen, 509 F. 2d 1273, 1275 (6 Cir. 1975). The proponent must show to the courtth

that the requested records are relevant, admissible and responsive to a specific request.

United States v. Eden, 659 F.2d 1376, 1381 (9 Cir. 1981). Rule 17(c) is not intended to beth

a discovery tool or to allow a blind fishing expedition seeking unknown evidence. United

States v. MacKEY, 647 F.2d 898, 901 (9 Cir. 1981). Rule 17(c) allows the Court to orderth

that the subpoenaed documents be delivered to the Court “before trial or before they are to

be offered in evidence” and the court may permit the parties to inspect all or part of the

document after they have arrived.

2. The defense has issued at least two (and possibly more) Rule 17(c) subpoenas

duces tecum compelling production of records without obtaining the approval of this Court,

without notifying the government that the subpoenas were issued, and without providing to

the Court or the government copies of any documents received in response thereto.

3. The first subpoena was served on the Custodian of Records, Tierra Rica

Apartments, 3201 Ina Road, Tucson, Arizona. (Attached hereto as Exhibit 1.) The subpoena

was dated April11, 2011 and required production of the documents on May 25, 2011. It

requested records pertaining to “the rental or lease agreement with Bradley W. Bork.” This

Court held a hearing on May 25 in Tucson. The defense did not advise the Court that it hadth

subpoenaed records pursuant to this subpoena and they were to be produced in court that day.

The government did not receive any of the subpoenaed records from the defense. The best

information available to us is that the company sent the records to the defense around the

first week of May, almost a month before the court hearing. The defense never provided the

government with a copy of those records.

4. The defense subsequently served twenty-two (22) subpoenas duces tecum on the

State of Illinois, Department of Public Health Division of Vital Records. (Attached hereto

as Exhibits 2). The subpoenas were dated July 28, 2011 and required production on

September 21, 2011. The subpoenas collectively requested birth and death records of eleven

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individuals. (The government has been advised that these subpoenas have been recently

withdrawn to be substituted by other ones forthcoming.)

5. Unless the defense made applications under seal for the issuance of these

subpoenas and obtained the Court’s approval, the defense has violated Rule 17(c).

6. Counsel for the Tierra Rica apartment complex disclosed the subpoena to the

government. The government then advised defense counsel that they had violated Rule

17(c). The government proposed an agreement which would be presented to the Court for

approval which would streamline the Rule 17(c) process in order to minimize the Court’s

time. Unbeknownst to the government, while the terms of the agreement were being

negotiated, the defense issued the subpoenas to the State of Illinois Department of Public

Health Division of Vital Records. (Again, we received copies of the subpoenas not from the

defense, but from counsel for the State of Illinois.) The parties were thereafter ultimately

unable to reach an agreement.

7. The government does not know how many additional Rule 17(c) subpoenas have

been issued in violation of the Rule after the defendant was indicted. The government would

ask this Court to make an appropriate inquiry. We would also that if any subpoenas have

been issued and documents have been produced, that the government be given copies of the

subpoenas and the records.

8. The District Court for the District of Arizona does not have a local rule which

implements Rule 17(c).

9. The United States District Court for the Southern District of California does,

however, have a Local Rule which sets forth the steps to obtain a Rule 17(c) subpoena. That

Rule requires the party to submit a motion to the magistrate judge assigned to the case (which

would be Magistrate Judge Peter Lewis here), the proponent must establish by affidavit or

declaration that the records sought are evidentiary, relevant and not otherwise procurable in

advance of trial; the motion is served on the other party who has the right to object to the

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subpoena; the records are returnable to the magistrate judge; and the court will maintain the

documents which the parties can inspect and copy.

10. This Rule seems both reasonable and efficient. The government suggests that the

Court use that Rule as an example and require the parties to follow its procedures in this case.

Defense counsel, who practice in San Diego, presumably know about this Local Rule so they

should not be confused as to its requirements..

WHEREFORE, for the above and foregoing reasons the United States respectfully

requests the Court to:

1. Order the defense to produce copies of all subpoenas that they have issued

in this case and all records received pursuant to any such subpoena;

2 Provide the government with copies of the subpoenas and records;

3. Quash any subpoenas which have been issued by the defense but not yet

complied with by the recipient of the subpoena;

4. Order that both parties follow the aforementioned Local Rule of the District

Court for the Southern District of California in seeking a Rule 17(c) subpoena.

Respectfully submitted this 11 day of August, 2011. th

DENNIS K.BURKE United States Attorney

District of Arizona

s/Wallace H. Kleindienst

Wallace H. KleindienstAssistant U.S. Attorney

I hereby certify that a copy of this pleading waselectronically delivered to all counsel of record..

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Wallace H. KleindienstAssistant U.S. Attorney

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I

t I I

THY No P. 003

UNITED STATES DISTRICT COURT DISTRICT OF

UNITED STATES OF AMElUCA,

v.

JARED LEE LOUGHNER

SUBPOENA IN A CRIMINAL CASE

Case Number: CRllwOI87·TUC-LAB

TO: Tierra Rica Apartment -'--ATT:Cusfodian-ofRecords --'------.---------.----.-------.----- -------.. --- ---'-"-'

3201 Ina Road Tucson,AZ

YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below, or any subsequent place, date and time set by the court, to testify in the above referenced case. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.

PLACE COURTROOM

United States District Court for the District of Tucson Arizona

United States District COUl'l

Tl)cson AZ DA TE AND TIME

May 25. 201 I \:30 p.m.

x YOU ARE ALSO COMMANDEb to bring with you the following document(s) or object(s):

Please bring with you any and all records including but not limited to the rental or lease agreement WiLh Bradley W. Bark.

U.S. MAGISTRATE JUDGE OR CLERK OF COURT

(By) Deputy Clerk

A TIORNEY'S NAME, ADDRESS AND PHONE NUMBER: Reuben Camper Calm Federal Defenders of San Diego, Inc. 225 S.oadway, Suite 900 San Diego. CA 92101 (619) .234-4867 Fax:: (619) 687·2666

DATE

Aprilll.2011

Case 4:11-cr-00187-LAB Document 277-1 Filed 08/11/11 Page 1 of 1

""'A089 (Rev. 7/95) Subpoena in a Criminnl Case ;::;; ; Z2

UNITED STATES DISTRICT COURT DISTRICT OF ..;:.ARl=Z;:;:.O;;:;.;N:..;.:A"""--__________ _

UNITED STATES OF AMERICA,

v.

JARED LEE LOUGHNER

TO: State of Illinois

Department of Public Health Division of Vital Records

925 E. Ridgeley Ave.

Springfleld; IL 62702-2732


Case Number: CRll·0187-TUC~LAB


PLACE COURTROOM


United States District Court

DATE AND TIME

September 21, 20 II J 0:00a.m.

x YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):

Please provide a certified copy birth and death certificate for Mrs. Virginia C. STRAN.

Virginia C. STRAN

DOB: 15

DOD: 04

ORltERK OF COURT

ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: Reuben Camper Cahn

Federal Defenders of San Diego, Inc.

225 Broadway, Suite 900

DATE

July 8, 2011


~A089 (Rev. 7/95) SubpoL'na in a Criminal Case ==-

UNITED STATES DISTRlCT COURT DISTRICT OF ..:.ARI~Z:;::;O~N~A:..!.-__________ _


v.

JARED LEE LOUGHNER


Department of Public Health Division of Vita! Records


Springfield, IL 62702-2732


Case Number: CRII-0187-TUC-LAB


PLACE COURTROOM


United States District Court for the District of Tucson Arizona DATE AND TIME

September 21,2011 10:OOa.m.


Please provide a certified copy birth certificate for Ms. Trudy TROEGER.

Trudy TROEGER

DOB: not available

ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: Reuben CampI:r Cahn


225 Broadway, Suite 9QO "

DATE

July 8,2011


~A089 (Rev. 7/95) Subpoena in a Criminal Case = =:;;:

UNITED STATES DISTRICT COURT DISTRICT OF _AR=I::;;::Z..;;:;,O;....;N;:..:;A'---__________ _


v.

JARED LEE LOUGHNER






Case Number: CRll"0187-TUC-LAB


PLACE COURTROOM



DATE AND TIME

September 21, 2011 IO:OOa.m.


Please provide a certified copy birth and death certificate for Mr. Robert STRAN.

Robert STRAN

DOB: not available

DOD: not available


Federal Defenders of Sun Diego, Inc.

DATE

July 8,2011


'IO.A089 (Rev. 7/95) Subpoena in a Criminal Case ;

UNITED STATES DISTRICT COURT DISTRlCT OF ..;:.AR=IZ=~~O;:;;;.;N,""A _____________ _

UNITED STATES OF AMERlCA,

v.

JARED LEE LOUGHNER






Case Number: . CRII-0187-TUC-LAB


PLACE COURTROOM

United States District COUlt


September 21, 2011 10:00a,m,


Please provide a certified copy birtJl and death certificate for Ms. Mary Johnson TOTMAN.

Mary Johnson TOTMAN

DOB: 1893

DOD: 69

A TIORNEY'S NAME, ADDRESS AND PHONE NUMBER: Reuben Camper Calm

Federal DefenderH of San Diego, Inc.


DATE

July 8,2011


in a Criminal

UNITED STATES DISTRICT COURT DISTRICT OF ..!.ARI~:::.ZO::::.;N:..:,;A~ __________ _


v.

JARED LEE LOUGHNER




Springfield, IL 62702·2732



yOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below, or any subsequent place, date and time set by the court, to testify in the above referenced case. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.

PLACE COURTROOM



September 21, 20 I I I O:OOa. m.


Please provide a certified copy birth certificate for Ms. Linda Mona Tourville TOTMAN.

Linda Mona Tourville TOTMAN

DOB: 56




DATE

July 8, 2011


"Ii. A089

UNITED STATES DISTRICT COURT DISTRICT OF ...:.AR1Z=~O:::.;;N:..:::A:..!.-_____ ~ ____ _


v.

JARED LEE LOUGHNER




Springfield, IL 62702~2732


Case Number: CRl1·0187~TUC-LAB


PLACE


COURTROOM


DATE AND TIME

Septembcr21,201110:00a.m,


Please provide a certified copy birth certificate for Ms. Lois May BLEIFUSS.

Lois May BLEIFUSS

no.B: 25

A TIORNEY'S NAME, ADDRESS AND PHONE NUMBER: Reuben Camper Cahn

Federal Defenders of San Diego, inc,

DATE

July 8,2011


":',~.A089 (Rev. 7/95) Subpoena in it Criminal Case

UNITED STATES DISTRlCT COURT DISTRICT OF ...:..AR=I~ZO~N:;..;,A!.Z-______ ~ ___ _


v.

JARED LEE LOUGHNER


Department of Public Health Division of Vita] Records




Case Number: CRIl·OI87·TUC·LAB


PLACE COURTROOM


Unitcd Statcs District Court for the District of Tucson Arizona DATE AND TIME

September 21, 2011 10:OOa.m.


Please provide a certified copy birtb certificate for Mr. Lyle Jay BLEIFUSS.

Lyle Jay BLEIFUSS

DOB: 19

(By) D<;:p

ATI'ORNEY'S NAME, ADDRESS AND PI·/ONE NUMBER: Rcub<;:n Camper Cahn

F<;:deral Defenders of San Diego, Inc.

DATE

July 8,201]


~A089

UNITED STATES DISTRICT COURT DISTRICT OF ..!.ARl=Z:;;::.:O:::;.:N:..;.:A~ __________ _


v.

JARED LEE LOUGHNER


Department of Public Health Division of Vita] Records


Splingfield, IL 62702-2732


Case Number: CRll~0187~TUC-LAB


PLACE COURTROOM



September 21, 20] J 10:00a.m.


Please provide a certified copy birth certificate for Mr. Laurence .Edward TOTMAN.

Laurence Edward TOTMAN

DOB: 25


Federal Defenders orSan Diego, Inc.

DATE

July 8, 2011


~A089 (Rev. 7/95) Subpoena in a Criminal Case ; ;;;

UNITED STATES DISTRICT COURT DISTRICT OF ...;.,AR=IZ;;;;;.O=N;.;.:A""--__________ _


v.

JARED LEE LOUGHNER








PLACE COURTROOM





Please provide a certified copy birth and death certificate for Mr. Leslie BLEIFUSS.

Leslie BLEIFUSS

DOB: 1924

DOD: not available



DATE

July 8,2011


~A089

UNITED STATES DISTRICT COURT DISTRICT OF ..;;ARIZ=:;:.O::::.;N~A:...::..-__________ _


v.

JARED LEE LOUGHNER






Case Number: CRl J-0187-TUC-LAB


PLACE COURTROOM


United States District Court for the District of Tucson AriZona DATE AND TIME

September 21, 2011 IO;OOa.m.


Please provide a certified copy death certificate for Mr. Laurence A. TOTMAN.

Laurence A. TOTMAN

DOD: 70



DATE

July 8, 2011


~A089 (Rev. 7/95) Subpoena in a Criminal Case

UNITED STATES DISTRlCT COURT DISTlUCT OF ..;.ARl=Z:;;;:.;O::;.;:N:...:.;Ao...::...... __________ _

UNITED STATES OF AMElUCA,

v.

JARED LEE LOUGHNER






Case Number: CRll-0187-TUC-LAB


PLACE COURTROOM



September 21,2011 I 0:00a.m.


Please provide a certified cony birth certificate for Mr. Jeffl'ey TOTMAN.

Jeffrey TOTMAN

DOB: 52



DATE

July 8, 2011


"t>.A089

UNITED STATES DISTRICT COURT DISTRICT OF ...;:.A=R=I=ZO.:;;.;N;,..:.:;.;;;A ___________ _


v.

JARED LEE LOUGHNER






Case Number: CRII-OI87-TUC-LAB


PLACE COURTROOM





Please provide a certified copy birth certificate for Ms. Judy Kay TROEGER WACKT.

Judy Kay TROEGER WACKT

DOB: 59


Federal Defenders of San Diego, [nco

DATE

July 8, 2011


""A089 Case

UNITED STATES DISTRICT COURT DISTRICT OF ..;,AR~IZ~O:=.N:..;:;A~ ____ ~ _____ _


v.

JARED LEE LOUGHNER

TO; State of Illinois






YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below, or any subsequent place, date and time set by the court, to testify in the above referenced case. This subpoena shall remain in effect until you are granted leave to depart by the COUlt or by an officer acting on behalf of the court.

PLACE COURTROOM




x YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s);

Please provide a certified copy birth and death certificate for Ms. Jessie ANDERSON.

Jessie ANDERSON

DOB: 1895

DOD: not available

RKOFCOURT

A TIORNEY'S NAME, ADDRESS AND PHONE NUMBER: Reuben Camper Cahn


DATE

July8,2011


<ll>.A089 (Rev. 7/95) Subpoena in a Criminal Case , ;~; ;;:;

UNITED STATES DISTRICT COURT DISTRICT OF ...:.AR=IZ~O:;:,,;N~A:..::.-__________ _


v.

JARED LEE LOUGHNER




Springfield, IL 62702~2732


Case Number: CRII-0187-TUC~LAB

YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below, or any subsequent place, date and time set by the court, to testify in the above referenced case. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the COUlt.

PLACE COURTROOM



September 21, 2011 1 0:00a.m.


Please provide a certified copy birth certificate for Ms. Irene BLEIFUSS.

Irene BLEIFUSS

DOB: 1917



DATE

July 8, 2011


'4.A089 (Rev. 7/95) Subpoena in a Criminal Case ; ;;

UNITED STATES DISTRICT COURT DISTRICT OF ..:,.ARl=Z;;;;.;O:::;.;:N,.:.:A...;...... __________ _


v.

JARED LEE LOUGHNER




Springfield, 1L 62702-2732


Case Number: CRll·0187~TUC-LAB

YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below, or any subsequent place, date and time set by the court, to testify in the above referenced case. This subpoena shall remain in effect until you are granted leave to depmt by the court or by an officer acting on behalf of the court.

PLACE COURTROOM



September 21 , 2011 IO:OOa.m.

x YOU ARE ALSO COMMANDED to bring with you the following document(s) or obj.ect(s):

Please provide a certified copy birth and death certificate for Ms. Helen Lucille BLEIFUSS.

Helen Lucille BLEIFUSS

DOB: 21

DOD: .99

ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER; Reuben Camper Cahn


DATE

July 8,2011


""-A089 (Rev. 7/95) Subpoena in a Criminal Case

UNITED STATES DISTRICT COURT DISTRICT OF ..:.AR=rZ;;:..;O:;;;.:N~A~ __________ _


v.

JARED LEE LOUGHNER

TO: State of Il1inois





Case Number: CRI1-0187-TUC-LAB


PLACE COURTROOM



September 21, 20 II 10:OOa,m.


Please provide a certified copy birth certifit;ate for Mr.Gary STRAN.

GarySTRAN

DOB: .49

CLERK OF COURT



DATE

July 8, 2011

!

I I i f ~

f .'


<!:>.A089

UNITED STATES DISTRICT COURT DISTRICT OF ...;..A=RI;;;;.ZO.;:;..;N:...;.A,"",,-~ _________ _


v.

JARED LEE LOUGHNER






Case Number; CRII-0187-TUC-LAB


PLACE COURTROOM



September 21, 20 I I I O:OOa. m.


Please provide a certified copy birth and death certificate for Ms. Dorothy BLEIFUSS TROEGER.

Dorothy BLEIFUSS TROEGER

DOB: .27

DOD: .06



DATE

July 8,2011


('

~.A089 in a Criminal Case

UNITED STATES DISTRICT COURT DISTRICT OF .,.:.ARIZ==-O:;:.:N:...:,;A:...:..... __________ _


v.

JARED LEE LOUGHNER






Case Number: CRll-0187-TUC-LAB

YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below, or any subsequent place, date and time set by the comi, to testify in the above referenced case. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.

PLACE COURTROOM



September 21,20 II 10:00a.m.


Please provide a certified copy birth and death certificate for Mr. Donald BLEIFUSS.

Donald BLEIFUSS

DOB: 32

DOD: 69


F<.'<ieral Defenders of San Diego, Inc.


DATE

July 8,2011


'Q,A089

UNITED STATES DISTRICT COURT DISTRICT OF ...:.ARI=Z:::.O;;;;:.;N;;,.:.A=-__________ _


v.

JARED LEE LOUGHNER






Case Number: CRI1-0187-TUC-LAB


PLACE COURTROOM



September 21, 2011 10:00a.m.


Please provide a certified copy birth and death certificate for Ms. Caroline BLEIFUSS.

Caroline BLElFUSS

DOB: .57

DOD: not available

CLERK OF COURT

ATroRNEY'S NAME, ADDRESS AND PHONE NUMBER: Reuben Camper Cahn

Federal Defenders orSan Diego, Inc.


DATE

July 8, 2011


~A089

UNITED STATES DISTRICT COURT DISTRICT OF .;;..ARI=Z=O=N;;...;.;;.;;A'--__________ _


v.

JARED LEE LOUGHNER






Case Number: CR1I-0187-TUC-LAB


PLACE COURTROOM


United States District Court for the Di~trict ofTl1cson Arizona DATE AND TIME

September 21, 201 1 10;00a.m.


Please provide a certified COllY birth certificate for Mr. Albert Anton BLEIFUSS.

Albert Anton BLEIFUSS

DOB: 18

ATTORNEY'S NAME, ADDRESS AND PHQNE NUMBER: Reuben Camper Cahn



DATE

July 8,2011


~A089 (Rev, 7/95) Subpoena in a Criminal Case :

UNITED STATES DISTRICT COURT DISTRICT OF ....:.AR~I::;:.ZO;::;.;N:..,:;A~ __________ _


v.

JARED LEE LOUGHNER






Case Number: CRl1~0187-TUC·LAB

YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below, or any subsequent place, date and time set by the court, to testify in the above referenced case. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court,

PLACE COURTROOM



September 21,2011 10:00a,m,


Please provide a ,certified copy death c~rtificate for Mr. Albert BLEIFUSS.

Albert BLEIFUSS

DOD: 11957

U,S. MAGISTRATE JUD0t:]R. ERK OF COURT

<:"' ;::,

(By) Deputy Clerk

ATroRNEY'S NAME, ADDRESS AND PHONE NUMBER: Reuben Camper Cahn

Federal Defenders of San Diego, Jnc,


DATE

July 8, 2011


~A089

UNITED STATES DISTRICT COURT DISTlUCT OF ..,;;.AR=IZ;;::.;O;::;.;N:..;,:A:...::.-__________ _


v.

JARED LEE LOUGHNER








PLACE COURTROOM

United States District COUlt




Please provide a certified copy birth certificate for Mr. Anton TOTMAN.

Anton TOTMAN

DOB: 62



22S Broadway, Suite 900

DATE

July 8, 2011


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1 2 DENNIS K. BURKE 3 United States Attorney

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