IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

UNITED STATES OF AMERICA :

:
v. : No. 1:08CR384-1
:
DEMARIO JAMES ATWATER :

MOTION TO COMPELL PRODUCTION OF VIDEO

The Defendant, by and through counsel, hereby respectfully

requests this Honorable Court for an order compelling the

government to produce for inspection and/or copying videotape of

any and all events occurring in the patrol vehicle of the City of

Durham Police Department used in the arrest an/or transportation of

the Defendant and Shanita Love from Durham, North Carolina to

Chapel Hill, North Carolina on or about March 12, 2008, as well as

videotape made by a surveillance camera in the booking room at the

Chapel Hill Police Department where Defendant was briefly held on

March 12, 2008, as well as any videos from cameras in any area of

the Durham Police Department or Chapel Hill Police Department where

Shanita Love was held, and in support of such motion shows unto the

court the following:

1. The Defendant has previously filed with this court a

Motion for Discovery;

2. The Defendant was first informed on or about January 28

or 29, 2010 that it was attempting to locate the video taken by a

camera in the Durham Police Department vehicle used to transport

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 the Defendant from the City of Durham to the Chapel Hill, North

Carolina Police Department on March 12, 2008, as well as any video

taken by a surveillance camera in the booking room of the Chapel

Hill Police Department on March 12, 2008.

2. The Defendant had requested the government to investigate

the existence of a camera and possible videotape in a room other

than the interview room at the Chapel Hill Police Department but

was unaware that the Durham Police vehicle was equipped with a

video camera. Shanita Love was upon information and belief

transported to the Chapel Hill Police Department by Durham Police

Officers in City of Durham Police vehicle. Such vehicle likely was

equipped with a video camera.

3. The Defendant has filed a motion to suppress any

statements allegedly made by him on or about March 12, 2008 in that

any made were the result of coercion, duress and threats at the

hands of law enforcement officials.

4. The Defendant contends that the pictures depicted on such

videotapes is critical to the issues to be addressed by the court

in his motion to suppress and would in fact support his contention

that he was subjected to physical and mental threats and abuse.

5. Shanita Love is likely to be a critical witness against

the Defendant and videotape depicting the treatment of her by law

enforcement officials could be critical in an evaluation of her

testimony at trial.

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 6. The Defendant request that the court order the production

of such videos or that any alleged statements made by the Defendant

on or about March 12, 2008 be declared inadmissible in the trial of

this action.

7. The Defendant incorporates his Motion for Discovery

previously filed in this matter and relies upon the law and

authority cited therein.

Respectfully requested, this 1st day of February, 2010.

/s/ Gregory Davis

GREGORY DAVIS
Senior Litigator
North Carolina State Bar No. 7083
251 N. Main Street, Suite 849
Winston-Salem, NC 27101
(336) 631-5278
E-mail: greg_davis@fd.org

/s/Kimberly C. Stevens
Kimberly C. Stevens
Attorney for Defendant
NC State Bar No. 20156
532 Ivy Glen Dr.
Winston-Salem, NC 27127
336-788-3779
Email: kimstevensnc@aol.com

COUNSEL FOR DEFENDANT

DEMARIO JAMES ATWATER

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 CERTIFICATE OF SERVICE

I hereby certify that on February 1, 2010, I electronically

filed the foregoing with the Clerk of the Court using the CM/ECF
system which will send notification of such filing to the
following:

Mr. Clifton T. Barrett

Ms. Sandra Hairston
Assistant United States Attorneys
P. O. Box 1858
Greensboro, NC 27402

Respectfully submitted,

/s/ Gregory Davis

GREGORY DAVIS
Senior Litigator
NC State Bar No. 7083
251 N. Main Street, Suite 849
Winston-Salem, NC 27101
(336) 631-5278
E-mail: greg_davis@fd.org

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