UNITED STATES DISTRICT COURT

DISTRICT OF NORTH DAKOTA

SOUTHWESTERN DIVISION

USA CASE NO: 1:06 -CR-59-DLH-CSM-3
Versus
MICHAEL WALLI

Motion to Compel Discovery for Michael Walli

Now into court through undersigned counsel, comes Michael Walli, who asks this Court to compel the prosecution to provide all the following discovery to undersigned counsel pursuant to the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, the Constitution of the United States , and international law.

This Motion to Compel is being filed at this point to reserve the rights of defendant because the Court has set a deadline for discovery motions for August 25, 2006 and undersigned counsel has not been provided with any of this discovery. Undersigned counsel has only recently been approved to enroll as counsel for Mr. Walli. Though some discovery has been provided directly to Mr. Walli, he is in prison and with limited funds for copying the materials sent to him. Undersigned counsel has not seen any of the discovery at all and understands from Mr. Walli that, of the materials he has been provided, much of what was asked for and expected is missing. Therefore counsel for Mr. Walli files this Motion to Compel only to protect the rights of Mr. Walli to full and complete discovery and asks that undersigned counsel be provided with all discovery directly.

1) Please provide all statements, written or oral, made by defendants, including, but is not limited to any rough notes, records, reports, transcripts or other documents and/or tapes in which statements of defendants are contained. Rule 16(a)(1)(A) and (B) and Brady v Maryland .

2) Please provide all evidence, documents, records of judgments and convictions, photographs and tangible evidence, and any other information of prior arrests, convictions or bad acts. Rule 16(a)(1)(D) and Rule of Evidence 404 and 609.

3) Please provide all documents and objects proving the ownership of property alleged to be injured. Because the site of the alleged crime is on the land of various Native American tribes, defendants request a copy of every document (including treaties or agreements of any type) between the United States and the tribes that shows the right of the United States to place nuclear weapons on the land that is the site of the alleged crime. The requested documents include: anything creating or modifying territorial boundaries established by such treaties or agreements; all procedures or methods by which said treaties or agreements were established and ratified; and the text and procedures of any treaties or agreements between the constituted authorities of the US and MHA Nation pursuant to treaties. Rule 16(a)(1)(E).

4) Please provide all documents and objects proving the legal entitlement of the US to put nuclear weapons on the property where the alleged injury to property occurred. Rule 16(a)(1)(E).

5) Please provide all pictures taken at the scene of the alleged crime – which are either material to the defense or intended for use by government in its case, and by whom each was taken. This request specifically includes aerial photographs. Rule 16(a)(1)(E).

6) Please provide all documents and objects relating to the cost of the alleged damage, including cost of the original equipment which was alleged to be damaged, who did the repairs, the qualification of the person or persons who did the repairs, and how the cost of repairs were calculated. Rule 16(a)(1)(E).

7) Please provide all documents and objects seized from the defendants. Rule 16(a)(1)(E).

8) Please provide all reports of examinations and tests of the property alleged to be damaged. Rule 16(a)(1)(E).

9) Please provide a written summary of any opinion or expert testimony intended to be used by prosecution. Rule 16(a)(1)(G).

10) Please provide all transcripts of the grand jury in this matter. Rule 6. Rule 16(a)(1) and Rule 26.2.

11) Please provide the names of all witnesses who will be called by the government in this matter. US v Cannone, 528 F. 2d 296 (2 nd Cir 1975).

12) Please provide all statements of any person who is expected to be called as a witness at the trial at this point because copies must be made available and adequate time given to review the statements at the time the person is called as a witness. Providing these statements now will reduce the amount of delay at trial. Rule 26.2 and 18 USC 3500.

13) Please provide a copy of any written job description of each government witness and a copy of their training manuals.

14) Please provide all documentation of the duties, including job descriptions, of those whose job it is to repair any problems of and or damage to a missile site.

15) Please provide detailed receipts for lock showing where it was purchased and for how much and detailed receipts for all repairs. If the lock was replaced by one in storage, please provide documentation showing how many entry hatch locks are kept in the inventory for replacement purposes.

16) Please provide detailed breakdown of any other damage alleged to have been inflicted on the property, including job descriptions of the person or persons who did the repairs, how long such repairs took, and the cost of any materials used in the repair.

17) Please provide any documentation showing the names of the persons in charge of firing the missile in question, their duties, and a copy of their training manuals.

18) Please provide copies of any and all training materials regarding the duty of personnel in charge of firing the missile in question to comply with the laws of war and any explanation of what the laws of war are.

19) Please provide any and all documentation as to whether the nuclear missile in question was ever off-line or unable to be fired as a result of the alleged conduct of defendants.

20) Please provide any and all evidence, including but not limited to documents, statements, reports, tangible evidence, favorable to the defense on the issue of guilt or which affects the credibility of the government's case, which may possibly be useful as Brady material. This specifically includes, but is not limited to, information or documentation or statements or tangible evidence about: the existence of and/or cost of the alleged damage; the ownership or right to the property at issue; any of the witnesses or investigators called in this matter; any of the witnesses or investigators who have information but are not called in this matter; any part of the investigation or arrest or prosecution of these defendants; and international laws or treaties as to the use of nuclear weapons. Rule 16(a)(1)(E).

21) If the government has any of the above requested information but refuses to provide them to the defense, it is requested that a statement be included as to the existence of the information and the reason that the government refuses to provide that information.

Please provide the response to this discovery to undersigned counsel.

Peace,

William P. Quigley

Admitted Pro Hac Vice
Loyola University School of Law
7214 St. Charles Avenue , Campus Box 902
New Orleans , LA 70118

505.861.5591
Quigley@loyno.edu

I certify that a copy of this request has been served by US mail on all counsel of record this date.