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benjamin and desportes

April 22, 2013 Bevill M. Dean, Clerk Richmond Circuit Court Criminal Division John Marshall Courts Building 400 N. 9th Street Richmond, VA 23219 BY COURIER Re:
Commonwealth v. Todd Schneider

Case Nos. CR13F-1960 thru 1963 Discovery Motions Dear Mr. Dean: Enclosed please find a Motion for Rule 3A:11 Discovery and a Motion for Exculpatory Information which I would appreciate your filing with the papers in the referenced matter. Thank you for your attention to these matters. Sincerely yours,

Steven D. Benjamin cc: Patrick Dorgan, Esquire Office of the Attorney General

Benjamin and DesPortes, Attorneys

Mailing address: P.O. Box 2464, Richmond, VA 23218 Street address: 11 S. 12th Street, Suite 302,Richmond, VA 23219 804.788.4444 Fax 804.644.4512

VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND

COMMONWEALTH OF VIRGINIA v. TODD SCHNEIDER Case No. CR13F-1960 thru 1963 Trial date: July 15-16, 2013 at 9:30 a.m.

MOTION FOR RULE 3A:11 DISCOVERY The defendant, by counsel, pursuant to Rule 3A:11(b)(1) and (2), moves this Honorable Court to order the Commonwealth to permit the accused to inspect and copy the following items. In support of this motion, the defendant represents that the items in paragraph 3, sought pursuant to Rule 3A:11(b)(2), are material and necessary to the preparation of his defense. 1. All written and recorded statements made by the defendant, and the substance of any oral statements made by the defendant to any law enforcement officer, that have not already been produced to the defense. 2. 3. All scientific reports made in connection with this case. All physical items, including but not limited to any invoices, billings, or emails that were recovered in this case, or that the Commonwealth intends to use as evidence or as an exhibit at trial.

Respectfully Submitted,

TODD SCHNEIDER

By

Steven D. Benjamin, VSB#18772 Email: sbenjamin@benjamindesportes.corn Betty Layne DesPortes, VSB#34360 Email: bldesportes@benjamindesportes.corn BENJAMIN & DesPOR'1ES, P.C. P.O. BOX 2464 Richmond, VA 23218-2464 (804) 788-4444 (telephone) (804) 644-4512 (fax) Counsel for Defendant Todd Schneider

CERTIFICATE
I certify that a true and exact copy of this Motion was mailed, first class postage prepaid, this 22nd day of April, 2013, to Patrick Dorgan, Assistant Attorney General, Office of the Attorney General, 900 East Main Street, Richmond, VA 23219 .

Counsel Steven D. Benjamin, VSB#18772 Email: sbenjamin@benjamindesportes.com Betty Layne DesPortes, VSB#34360 Email: bldesportes@benjamindesportes.corn BENJAMIN & DesPORTES, P.C. P.O. BOX 2464 Richmond, VA 23218-2464 (804) 788-4444 (telephone) (804) 644-4512 (fax) Counsel for Defendant Todd Schneider

VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND

COMMONWEALTH OF VIRGINIA
v. TODD SCHNEIDER

Case No. CR13F-1960 thru 1963 Trial date: July 15-16, 2013 at 9:30 am.

MOTION FOR EXCULPATORY INFORMATION The defendant, by counsel, pursuant to the Due Process Clause of the Fourteenth Amendment and the Compulsory Process Clause of the Sixth Amendment to the United States Constitution; and Article 1, 8 and 11 of the Virginia Constitution moves this Honorable Court to order the Commonwealth to permit the accused to inspect and copy the following items. The defendant states that all of the evidentiary items and sources listed below likely contain material and exculpatory information. Nondisclosure, therefore, will violate the defendant's right to due process of law under Kyles v. Whitley, 514 U.S. 419 (1995); Brady v. Maryland, 373 U.S. 83 (1963); United States v. Agurs, 427 U.S. 97 (1976); Giglio v. United States, 404 U.S. 150 (1972); see, e.g., McDowell v. Dixon, 858 F.2d 945 (4 th Cir. 1988)(conviction reversed on due process grounds for failure to disclose exculpatory evidence), as well as the defendant's Sixth Amendment Compulsory Process Clause right to discover the identity of favorable witnesses and the existence of exculpatory evidence, see United States v. Nixon, 418 U.S. 683, 709 (1974).

Where the defendant requests "information," the term "information" includes, but is not limited to, witness statements, documents, records, correspondence, email, texts, electronic data,
and tangible items.

GENERAL EXCULPATORY INFORMATION


1. Statements (including prior statements during testimony) of any witness that are

in any way inconsistent with any other statement, testimony or anticipated testimony of that witness or any other potential witness for the Commonwealth. 2. All statements of potential witnesses for the Commonwealth which are known or

reasonably believed by the Commonwealth to be false. 3. The criminal record and aliases of all potential witnesses for the Commonwealth.

Early disclosure of the criminal history of all potential witnesses is necessary because the CCRE printouts typically relied upon by the Commonwealth are inaccurate and incomplete. See, e.g,
-

Audit .faults criminal repository, - Richmond Times-Dispatch, Monday March 27, 2000, B6

(Review by state auditor of public accounts found that the CCRE is "only 85 percent accurate and only 59 percent complete"). The defendant will need time prior to trial to verify the accuracy and completeness of the witness's criminal history as reported by the Commonwealth. 4. Any information concerning any unlawful acts, activities, enterprises, or schemes

known to the Commonwealth of potential witnesses for the Commonwealth, including but not limited to pending charges, efforts to evade reporting requirements, bribery, tax evasion, misuse of state funds, and any other unlawful actions. 5. Any deals, offers, or implications of leniency, or any suggestion of sanction,

penalty and prosecution, extended or made to any potential witnesses for the Commonwealth. 6. Any probation, presentence, or pretrial reports of any potential witness for the

Commonwealth which contains exculpatory material, including but not limited to inconsistent statements, admissions of criminal conduct, evidence of narcotic use or addiction, information relevant to cognitive abilities (medical, educational and psychological), and bias (including

connections to other witnesses). 7. Any records or information known to the Commonwealth which reflect or

indicate any mental illness or mental defect, including drug dependency or drug use, of any potential witnesses for the Commonwealth. 8. Any information concerning medications taken by any witnesses at the time of the

alleged incident, at the time of any prior testimony, or at the time of trial, which might affect the witness's ability to remember, recall, or relate any information concerning the alleged incidents. Such medications include, but are not limited to: antidepressants, anticholinergics (motion sickness, incontinence, asthma, muscle relaxants, ulcer, and vision treatment medications), anticonvulsants, tranquilizers, sedating antihistamines, antipsychotics, antiparkinsonian agents, antihypertensives, corticosteroids, and methadone. 9. Any information concerning attempts to obtain financial or other compensation by

any potential witness for the Commonwealth in connection with this prosecution. 10. Any information concerning bias of any potential witness against the defendant,

including information of past incidents in which the potential witnesses expressed animosity towards the defendant or expressed beliefs that the defendant had evidenced or shown disrespect or otherwise offended them. 11. Evidence tending to show that any physical and/or documentary evidence has

been tampered with, lost, destroyed, and/or in any other manner rendered other than it existed at the time of the alleged offense or at the time of collection. SPECIFIC EXCULPATORY INFORMATION 12. Any information, and all statements by the Director of the Executive Mansion,

any other state employee, and any member of the Governor's family, describing the following:

a.

All instances of the defendant or an employee of his catering company

submitting an invoice or requesting a payment that was denied, whether for food, chairs, tables, plates, glasses, silverware, serving dishes, flowers, rentals, staff, pickup, delivery, or other catering services; b. All instances in which the defendant was told by the Director of the

Executive Mansion or anyone else to take the value of an unpaid invoice or request for payment in food from the Mansion; c. All instances in which the defendant was told to pay himself or his

catering company by "taking it out in trade," "the usual way," or in any other way consistent with a system or method of paying the defendant or his company indirectly what the Commonwealth or the Mansion would not pay directly; d. All instances in which the defendant or his company provided food,

chairs, tables, plates, glasses, silverware, serving dishes, flowers, rentals, staff, pickup, delivery, or other catering services or items to or for the Mansion, the Governor, or his family without being reimbursed. 13. All invoices from Todd Schneider, Great Seasons, Seasonings Fine Catering,

Great Seasons Floral, and/or Ryan Greer that were submitted to the Commonwealth of Virginia for goods and services rendered but were not paid by check issued from the Commonwealth of Virginia. 14. All information concerning state goods and resources that were consumed,

provided to, or taken by family members of Robert and Maureen McDonnell, including but not limited to: a. the lodging and resources provided to Jeanine McDonnell during her

residence at Camp Pendleton, believed to be for several months in early 2012; b. bottled waters, cups, Gatorade, protein powder. and other items taken from

the mansion by Sean and Bobby McDonnell for use at their college residences; c. d. flats of eggs taken from the mansion by Rachel McDonnell; liquor taken by Rachel McDonnell or her boyfriend, Nick, from the

mansion for a private party at Camp Pendleton; e. pots and pans from the mansion given to Jeanine, Rachel or Cailin

McDonnell by Maureen McDonnell. 15. Information concerning any financial, personal, or political relationship between

Jonnie Williams or Star Scientific and any potential witness. 16. Information concerning all gifts given to the Governor or any member of the

Governor's family by Jonnie Williams, Star Scientific, Starwood Trust, and any other entity owned, controlled by, or associated with Jonnie Williams. Respectfully Submitted, TODD SCHNEIDER

By

/1 iTh i
Counsel

Steven D. Benjamin, VSB#18772 Email: sbenjamin@benjamindesportes.com Betty Layne DesPortes, VSB#34360 Email: bldesportes@benjamindesportes.com BENJAMIN & DesPORTES, P.C. P.O. BOX 2464 Richmond, VA 23218-2464 (804) 788-4444 (telephone) (804) 644-4512 (fax) Counsel for Defendant Todd Schneider

CERTIFICATE
I certify that a true and exact copy of this Motion was mailed, first class postage prepaid, this 22nd day of April, 2013, to Patrick Dorgan, Assistant Attorney General, Office of the Attorney General, 900 East Main Street, Richmond, VA 23219.

Counsel Steven D. Benjamin, VSB#18772 Email: sbenjamin@benjamindesportes.com Betty Layne DesPortes, VSB#34360 Email: bldesportes@benjamindesportes.corn BENJAMIN & DesPORTES, P.C. P.O. BOX 2464 Richmond, VA 23218-2464 (804) 788-4444 (telephone) (804) 644-4512 (fax)

Counsel for Defendant Todd Schneider