the government give the defense all exculpatory material. The government apparently seeks to limit the Brady material in this case to those documents that it believes are significant to defendants' case. The Court, however, believes that a wide range of documents, especially having to do with USPS procurement standards, should be discoverable in order for defendants to effectively prepare their defense against the broad charges of corruption of the USPS.
The government contends that it has given all Brady material, and objects to the defendants' attempt to gain impeaching evidence -- prior inconsistent statements, criminal records, etc. -- by labeling it as Brady material. The Court notes, however, that while Brady has been construed as to not require the production of all impeaching material, United States v. Tarantino, 269 U.S. App. D.C. 398, 846 F.2d 1384, 1416-17 (D.C.Cir.), cert. denied, 488 U.S. 867, 109 S. Ct. 174, 102 L. Ed. 2d 143 (1988), the Brady doctrine does not prohibit the Court from ordering the discovery of such material when justice requires. Accordingly, the Court ORDERS that the government provide evidence that it possesses regarding criminal records and certain other impeaching evidence of government witnesses -- specifically, respond to Reedy's requests p. 16 paras. 9, 10, 11, and answer whether any witness has ever been convicted of any crime involving credibility and the gist of such criminal records. The government does not, however, have to provide at this time prior inconsistent statements.
Additionally, the Court ORDERS the government to provide to defendants any statements to the effect that the defendants were not involved in, or did not know of, the Voss-Gnau conspiracy. The government's "Attachment D" to its response to the defendants' requests did not clarify whether the government has knowledge or possession of any such statements.
The government also is ORDERED to provide all material that is both Brady material, as defined in this order, and covered by the Jencks Act, 18 U.S.C. § 3500. The government is not permitted to refuse to disclose Brady material merely because it is also Jencks material. See Tarantino, 846 F.2d at 1414 n. 11.
Defendants also seek a complete list of witnesses that the government intends to call at trial. At the same time the government argues that such a list should be kept secret so as to avoid possible intimidation of witnesses, it also argues that such a list is not necessary because the defendants know of the identities of most of the government's witnesses. Such a list may be ordered on a showing of a "compelling need." United States v. Madeoy, 652 F. Supp. 371, 375 (D.D.C. 1987). While the Court DENIES the motion to order production of a complete witness list at this time, the Court expects to order the government to provide to defense counsel each day of trial a list of witnesses that are expected to appear at the next day's session of trial.
C. Requests Regarding General Defenses
Because the alleged replacement of the Postmaster General and other key personnel may turn out to be a crucial issue at trial relating to guilt or innocence, the Court ORDERS the government to provide all material in the government's possession relating to recommendations by third parties that Albert Casey be appointed Postmaster General. The Court also orders the government to provide all materials relating to outside influence or recommendations regarding other key personnel moves -- specifically, respond to REI requests p. 12 para. 15, p. 13 para. 17; Moore p. 21 para. 51; Reedy § III, paras. 44, 61, 77, 91.
Moreover, because the charges under 18 U.S.C. § 371 are broad ones alleging that defendants deviated from legal standards regarding procurement, defendants must be granted discovery with regard to these legal standards. The Court ORDERS the government to disclose all material since 1980 relating to the duties and responsibilities of postal officials and relating since 1980 to bid rigging and USPS internal standards -- specifically, respond to Reedy requests p. 4 paras. 7, 9; p. 5 paras. 10, 11, 12.
Defendants also seek information regarding the USPS procurement debate involving defendant REI and other USPS procurement matters, apparently in order to provide a circumstantial defense to charges of conspiracy to corrupt. The Court believes that limited additional disclosure is justified and ORDERS the government to provide all government documents involving the optical character reader and "Zip Four" debate -- specifically, REI requests p. 4 para. 10, p. 17 para. 48, p. 18 para. 56; Moore p. 7 para. 17; p. 22 para. 60; Reedy p. 6 paras. 23, 30; REI p. 5 para. 12(b), p. 17 para. 40; Moore p. 7 para. 19(b), p. 20 para. 47; Reedy p. 4 para. 7.
Additionally, the Court ORDERS the government to respond to defendants' requests for information regarding material allegedly stolen from the USPS -- specifically, Reedy requests p. 6 paras. 16, 17 -- but DENIES other requests for information relating to the bids by competitors and relating to sole sources awards by the USPS.
The Court ORDERS the government to provide to defendants the information they seek regarding USPS meetings concerning mail selection procurement, the status of Postmaster General Carlin, and other senior management personnel decisions since 1980, to the extent they are available and have not already been provided -- specifically, Reedy requests p. 6 paras. 18, 19, 20, 21, 22. Discussions in these meetings may be highly probative of guilt or innocence.
The Court DENIES as overbroad and immaterial defendants' request for additional material regarding USPS contacts with outsiders (documents referred to in footnote 15 of Defendants' Memorandum in support of their discovery motion), DENIES as nondiscoverable defendants' request for material relating to persons interviewed in postal automation investigations (documents referred to in footnote 18 of the memorandum), and DENIES as nondiscoverable under Federal Rule of Criminal Procedure 16(a)(2) defendants' request for the entire USPS Inspection Report of January 1987, except to the extent these materials contain exculpatory Brady material.
The Court also DENIES defendants' requests for documents relating to (1) a competitor's notes on a meeting at which "contract splitting" with defendant REI was discussed; (2) a polygraph examination and psychiatric records of William Spartin.
D. Jencks Material
Statements by government witnesses that are covered by the Jencks Act, 18 U.S.C. § 3500, and that are not covered by Brady cannot be discovered until trial. This standard is not to be disregarded by a trial court in this Circuit and is not subject to its discretion. Tarantino, 846 F.2d at 1414. Accordingly, the Court DENIES defendant's requests to compel discovery of Jencks material that is not also Brady material. Finally, the Court agrees with the government that it does not have to confirm the existence of certain material requested by defendant, and refused by the government as Jencks material, as such disclosure would run counter to the purpose and interpretations of the Jencks Act.
V. Further Proceedings
The Court will hold a pre-trial hearing for this case on July 11, 1989, at 9:30 a.m., at which time all parties are to provide the Court with proposed special jury verdict forms, proposed voir dire questions, and proposed jury instructions, including legal memoranda supporting such instructions, if appropriate. The Court reaffirms the trial date of September 20, 1989, at 10:00 a.m.