Case 3:16-cr-00051-BR

Document 1209

Filed 09/07/16

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AT THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
UNITED STATES,
Plaintiff,

v.
RYAN BUNDY,
Defendant named in error.

CASE NO. 3:16-cr-00051-BR-05]

AFFIDAVIT
VERIFIED

MOTION FOR PRESERVATION OF TAPES AND NOTES

NOW COME the Defendants, through counsel, and respectfully move this Honorable Court to
order the Government to preserve all tape recordings or handwritten notes, reports or memoranda
of interviews or communications made in connection with this case by the Governments
investigation, the Bureau of land management, the Federal Bureau of Investigation, and all other
federal or state and local enforcement agencies. In addition, the Defendants move this Court to
order the Government to request that all such documents and/or recordings made by law
enforcement in the investigation of this or related cases be preserved by the respective agencies,
including, but not limited to, the Oregon State Police, and the Police Department. In support
thereof, the Defendants state that the destruction of said materials could violate their rights
under Brady v. Maryland, 373 U.S. 83 (1963).
AUTHORITY

This motion is self-explanatory. Defense counsel respectfully seeks an Order preserving what
may be valuable evidence contemporaneously made or noted immediately prior or subsequent to
the indictment of the Defendants which may provide valuable assistance in the defense of the
instant indictment. Further, the materials of which the Defendants seek preservation, including

Case 3:16-cr-00051-BR

Document 1209

Filed 09/07/16

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handwritten notes and any and all other summaries made of events occurring during the
investigation, may constitute material which the Government will be required to produce under
the Jencks Act.

The Government has indicated that the requested information will be turned over, but defense
counsel requests that such material be turned over prior to trial consistent with the other
discovery request filed herewith.
CONCLUSION

Based upon the foregoing, the Defendants respectfully request this Honorable Court to enter an
Order granting the relief requested and for such other and further relief as this Court deems
necessary and proper.
Respectfully submitted,
/s/ryan c bundy
______________________________
ryan c of the bundy society
Dated: 9/7/16

Verification
I certify the foregoing is true and correct under the
penalty of perjury pursuant to 28 USC 1746 that I
am over the age of 18 years, that I have personal
knowledge of the facts stated herein, and that I am
fully competent to testify to those facts.
/s/ryan c bundy
_________________________
ryan c of the bundy society

Case 3:16-cr-00051-BR

Document 1209

Filed 09/07/16

Certificate of Service
This the 7th day of September 2016 a true and correct
copy of the foregoing was served to the court, and
opposing counsel by first-class mail or better.
/s/ryan c bundy
______________________
ryan c of the bundy society

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