Case 3:16-cr-00051-BR

Document 1477

Filed 10/20/16

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF

OREGON
UNITED STATES
v.
SHAWNA COX, et al
NOTICE OF BRADY VIOLATIONS BY THE UNITED STATES
NOW COMES Shawna Cox with this Notice to the Court that the United States
withheld important material evidence necessary for his defense:
(1) Since the week of October 2, the Court has been coordinating with the
prosecution to prescreen and eliminate defense witnesses. The Court has
imposed an elaborate screening process whereby all defense witnesses need
to be proffered and pre-screened by the government and the Court
purportedly to eliminate accumulative or irrelevant testimony.
(2) This requirement was not imposed on the prosecutionwhich buried the
jury and the courtroom in dozens of exhibits constituting bags of
ammunition found at different locations. The defense objected but the Court
allowed the accumulation of numerous bags of ammunitionnot
specifically linked to any defendantto the prejudice of the defendants.
(3) On Sunday, October 9, 2016, the Defense proffered more than 20 witnesses.
On the evening of Sunday, October 9, 2016, the Government communicated
to Defendants that the Government objected to every defense witness with
two exceptions: (1) Ken Medenbach, a defendant with a constitutional right
to testify; and (2) Terri Linnell, a former FBI undercover informant who had
infiltrated the Defendants throughout the January 2016 occupation.
(4) During cross-examination of Linnell on Monday, October 10, Defense
learned the reason the Government had not objected to Linnell: the
Government cross-examined Linnell with extremely prejudicial information

Case 3:16-cr-00051-BR

Document 1477

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held secretly in the Governments hands that had not been provided to the
Defense.
(5) The Defense learned later that the Government was privy to statements of
Linnell that the occupiers intended to attack other federal facilities and
that the occupied Malheur Refuge was dangerous for children.
(6) The above statements were discoverable and should have been provided to
the Defensebut the prosecution held them in secret for use on crossexamination of Linnell.
(7) This information-consisting of allegations of further indictable crimes and
allegations that the occupiers were extremely dangerouswas highly
prejudicial.
(8) Additionally, the testimony of Linnellan FBI informant who lived on the
Refuge during the occupationfalsified the testimony of FBI Special Agent
Chad Lapp, who testified that no FBI informant other than Marc McConnell
was among the occupiers and that no FBI informant other than McConnell
ever stayed the night at the Refuge during the occupation.
(9) Attorneys for the United States must have been well aware that Special
Agent Lapp was providing false information.
(10)
The government has an obligation, under the Fifth and Fourteenth
Amendments, to disclose evidence that is favorable to the accused because it
is exculpatory or impeaching. Brady v. Maryland, 373 U.S. 83, 87 (1963).
A Brady violation occurs when: (1) evidence is favorable to the accused
because it is exculpatory or impeaching; (2) evidence was suppressed by the
State, either willfully or inadvertently; and (3) prejudice ensued.
(11)
In United States v. Bagley, the Court held that the government's duty
under Brady arises regardless of whether the defendant specifically requests
material or favorable evidence. 473 U.S. 667, 682 (1985) (plurality opinion)
(Blackmun, J.) (prosecution's constitutional duty to disclose favorable
evidence governed by materiality standard and not limited to situations
where defendant requests favorable evidence); id. at 685 (White, J.,
concurring in part and concurring in the judgment).
Respectfully submitted,
_Shawna Cox_________________

Dated Oct. 16, 2016

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CERTIFICATE OF SERVICE
I, Shawna Cox, hereby swear, certify and attest that the foregoing document
was served, via this courts electronic filing system, upon all parties to this case, on
October 16 or 17, 2016.
Signed Shawna Cox