Motion for Release of Brady Materials by Dale Robert Busbee — USA v. Harun (Dkt. 78, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 3:22-cr-00009-DHB-BKE · Doc. 78 · 2023-01-24 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF GEORGIA 
DUBLIN DIVISION 
UNITED STATES OF AMERICA 
) 
) 
v. 
) 
CASE NO. 3:22-CR-09 
) 
GLADYS HARUN, a/k/a “GLADYS 
) 
CHEGE” 
) 
 
) 
MOTION FOR DISCOVERY PURSUANT TO BRADY V. MARYLAND AND ITS 
PROGENY 
COMES NOW Defendant Gladys Harun, a/k/a “Gladys Chege”, (hereinafter, the 
“Defendant”), by and through counsel; pursuant to the authority of Brady v. Maryland, 373 U.S. 
83 (1963), Giles v. Maryland, 386 U.S. 66 (1967), and subsequent cases; and files this her, Motion 
for Discovery, moving the Court to require the United States of America, (hereinafter, the 
“Government”), to produce for Defendant’s inspection, any and all evidence exculpatory in nature 
within the meaning of the foregoing cases, including but not limited to: 
1. 
Any statements made by any witness regarding this matter in any medium, 
including but not limited to written statements, typed statements, audio recordings and video 
recordings; 
2. 
Any written reports, documents, memoranda, summaries, communications or any 
other file, correspondence or document created by or at the behest of law enforcement or the 
investigative staff of any prosecutor in any way connected with the above-styled case; 
3. 
The results of any chemical tests, scientific tests, analyses, experiments or studies 
performed by or at the behest of the Government; arresting law enforcement officer or agent; other 
officers or agents; state or federal Crime Labs; the Department of Justice or any state Department 
of Public Safety (or comparable law enforcement division); or any other government or private 
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entity in conjunction with the investigation or prosecution of this case, including any raw data 
created and any reports made interpreting said data; 
4. 
All photographs, tape, digital or other recordings, whether audio or video, that 
contain any of the underlying events of this case, the moments leading up to or shortly thereafter, 
or any of the parties involved in this case; and if any such recordings are allegedly unavailable due 
to malfunctioning equipment or faulty tape/recording media, the Defendant demands that the 
Government produce repair or replacement orders or other evidence supporting their 
unavailability; 
5. 
All fingerprint documents and reports related to the crime alleged to have been 
committed by the Defendant; 
6. 
The names, addresses and telephone numbers of all witnesses to be called by the 
Government in any hearing or the trial of the Defendant and any other defendants in the above-
styled case, as well as the witnesses’ current whereabouts; 
7. 
The names, addresses and telephone numbers of all persons not included in item 6 
above, who may have some knowledge of any of the facts of the above-styled case, and if names, 
addresses and/or telephone numbers are unavailable, all information available to the Government 
which could possibly assist Defendant in locating said person; 
8. 
All booking slips, prisoner intake forms or other processing sheets used to obtain 
or record information about the Defendant, including any photographs taken of the Defendant; 
9. 
The full names, addresses and telephone numbers of all informers and other persons 
who gave information used to request search warrants in the above-styled case; 
10. 
The full names, addresses and telephone numbers of all persons who gave 
information to the Government or Law Enforcement, or any public or private organization working 
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therewith, relating to the arrest of the Defendant and the charges against her; 
11. 
All reports, statements, document, audio, video or other object used to request a 
search warrant, or used as a basis for an affidavit for a search warrant; 
12. 
The criminal records, and any list or summary reflecting criminal records of all 
persons whom the Government intends to call as a witness in the trial of the Defendant; 
13. 
All written and recorded statements, as well as all summaries or memoranda of any 
oral or written statements made by the Defendant and all other defendants named in the above-
styled case; 
14. 
All diagrams, sketches, pictures or other images or documents which have been 
made by or shown to any witness or prospective witness in the above-styled case; 
15. 
A detailed description of all physical items other than documents and pictures 
which the prosecutor anticipates using in the trial of the Defendant and the exact place where and 
under whose custody such items are being held; 
16. 
Any other evidence of any kind or character discovered by, known by or available 
to the prosecution or any State law enforcement agency or official that might be favorable to the 
Defendant as to issues of guilt or innocence or punishment. 
The Defendant cannot go safely to trial, nor can the Defendant’s counsel adequately 
prepare for trial, without production of this evidence within a reasonable time prior to trial or any 
pre-trial hearings in this case; in the absence of such production, the Defendant will be denied due 
process of law. 
WHEREFORE, Defendant prays: 
(a) 
That the Government be required to produce for the Defendant said evidence within 
a reasonable time prior to trial or any pre-trial hearing; 
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(b) 
That the Government’s duty to disclose pursuant to this motion be continuing up to 
and throughout the trial in the above-styled case and all subsequent proceedings 
therein; 
(c) 
That a hearing be held on this motion for the Court to conduct an inspection of all 
such evidence and of the Government’s entire file in order for the Court to 
determine all evidence which may be favorable to the Defendant as to guilt or 
innocence, punishment or to be useful by Defendant in cross-examining or 
impeaching any of the Government’s witnesses against the Defendant;  
(d) 
That an exact copy be made of each and every such item not made available to the 
Defendant, and that same be sealed and included in the record of this case in order 
to insure proper review of the Court’s denial of the Defendant’s requests for lawful 
disclosure. 
RESPECTFULLY SUBMITTED this 24th day of January, 2023. 
By: /s/ D. Robert Busbee 
 
                                                                      D. Robert Busbee, Esq. 
                                                                      Georgia Bar No. 186336 
                                                                      Attorney for Defendant Gladys Harun, a/k/a “Gladys 
                                                                      Chege” 
 
Busbee Law Group, LLC 
8 East Grady Street 
Statesboro, Georgia 30458 
(912) 225-1311 - Office 
(866) 320-7606 - Fax 
drb@busbeelawgroup.com 
 
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CERTIFICATE OF SERVICE 
This is to certify that I have on this day served all the parties in this case in accordance with 
the notice of electronic filing (“NEF”) which was generated as a result of electronic filing in this 
Court. 
RESPECTFULLY SUBMITTED this 24th day of January, 2023. 
By: /s/ D. Robert Busbee 
 
                                                                      D. Robert Busbee, Esq. 
                                                                      Georgia Bar No. 186336 
                                                                      Attorney for Defendant Gladys Harun, a/k/a “Gladys 
 
 
 
 
 
         Chege” 
 
Busbee Law Group, LLC 
8 East Grady Street 
Statesboro, Georgia 30458 
(912) 225-1311 - Office 
(866) 320-7606 - Fax 
drb@busbeelawgroup.com 
Case 3:22-cr-00009-DHB-BKE     Document 78     Filed 01/24/23     Page 5 of 5

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