Trial Transcripts

July 14, 1979

Excerpt from Pretrial Conference

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
UNITED STATES OF AMERICA, plaintiff :
VS. : CASE No. 75-26-CR-3
JEFFREY R. MACDONALD, defendant :
REPORTER'S NOTE:  To avoid duplicative pagination, reporter has assigned this volume to begin with page 200.


THE COURT:  All right, I will require the Government to comply with paragraph three of your Motion and turn over any Brady material not previously turned over immediately.

MR. MURTAGH:  Yes, sir; we will do that.

MR. SEGAL:  May we ask for an indication as to the time when we will get that?

MR. MURTAGH:  Your Honor, if I may, we will make available a number of files in which the Defense is free to copy.  I don't think we are obligated to stand over the Xerox machine from now until Monday morning.

THE COURT:  All right.

MR. MURTAGH:  That is what we will do.

MR. SEGAL:  I don't understand whether we are getting something or not getting something, Your Honor.

MR. MURTAGH:  You are getting something.  You are getting the opportunity to review files and if you want to copy something ---

MR. SEGAL:  (Interposing) That is not Brady, Your Honor.  We are entitled to something reasonable in respect to it.  We are not entitled to stand around the U.S. Attorney's Office.  That is not what Brady requires.

MR. MURTAGH:  Your Honor, we will comply with Brady.

MR. SEGAL:  If you want to turn over the files, we will return them intact, believe me.

THE COURT:  All right, what do you say about the 13-volume reinvestigation?

MR. MURTAGH:  Your Honor, I believe that was the subject of a previous pretrial motion for discovery which was denied.

THE COURT:  This is a renewal of a Motion previously ruled on?

MR. MURTAGH:  That is my understanding.

THE COURT:  Is that right?

MR. SEGAL:  Yes, Your Honor; however, the reason why it needs to be reviewed now, Your Honor, is, first of all, the amount of time that has elapsed since your prior ruling.  It was not definitively disposed of all the issues, but I have a letter from the Government from Colonel Limburqer in which he states that the Government has given this to me.  Your Honor, since the Colonel Limburger's letter has just come in the mail today -- it was an old letter, but it was in my other files -- we don't have that resort; although, the Government, through Colonel Linburger --