DEFENDANT'S
MOTION FOR DISCOVERY
Defendant Angela Smith, through undersigned counsel; respectfully
moves this Court, pursuant to Rule 16 of the Federal Rules
of Criminal Procedure, to order the government to disclose
for discovery and inspection the "marked money"
which Drug Enforcement Administration (DEA) agents allegedly
used to purchase drugs from Ms. Smith in this case- As
grounds for this motion, the defendant states the following:
1.
On May 7, 2003, Defendant Angela Smith was arrested by
DEA agents, Ms. Smith was subsequently indicted for distribution
of cocaine and conspiracy to distribute cocaine, in violaiion
of 21 U.S.C. §§ 841(b)(l) and 846.
2.
During the course of an informal discovery conference
in this case, defense counsel asked Assistant United States
Attorney Rhonda Johnson to allow him to inspect the "marked
money" which DEA agent Ralph Brown allegedly gave
the defendant during the course of a drug transaction.
This request was made pursuant to Fed. R. Crim. P. 16(a)(l)(C),
regulating discovery of documents and tangible objects.
Ms. Johnson took the position that the marked money was
not discoverable because the government did not intend
to introduce the money as evidence at trial.
