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Case 1:19-cr-00830-AT Document 33 Filed 04/09/20 Page 10 of 38

2. Any and all internal investigative reports created by the BOP as to both defendants, including, any and all supporting memorandums, written statements, photos, videos, and incident reports

To date, the government has disclosed a multitude of discovery documents but those documents only relate to witness statements, video and incident reports concerning the events of August 10, 2019. Michael Thomas would like this court to authorize the disclosure of any and all reports generated by investigators within the Bureau of Prisons regarding the August 10, 2019 incident, if those have not been disclosed. Additionally, the defendant seeks any all documents, reports, witness statements and disciplinary records of any and all MCC employees who have engaged in the same or similar conduct. Mr. Thomas requests the results of any disciplinary proceedings and documents maintained by the BOP regarding the discipline or administrative adjudication of any other employees who have failed to conduct rounds or inmate counts. More specifically, the defense is aware that there was an almost identical incident in 2005 or 2006 wherein officers failed to conduct institutional counts or rounds and an inmate committed suicide. The defense believes that only one of four officers in that case was given only a minor (14) day suspension. Moreover, although the government will argue that this incident is far removed from the current incident, the defendant disagrees. Mr. Thomas knew some of the individuals in that incident and he was well aware that their conduct did not lead to their indictment or incarceration. In fact, many of those officers did not receive as much as a reprimand for falsifying the same documents that Mr. Thomas is now charged with a federal crime for submitting. This goes to Mr. Thomas’ defense in this case. The defendant’s state of mind is always a material and relevant fact in any criminal case. Indeed, the mens rea for U.S. Code § 1001 is that the party knowingly and willfully made the false statement. Undoubtedly, given the assertions already made this information is of significant importance to Mr. Thomas’ defense.

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