Response In Opposition to by USA as to David Staveley — USA v. Staveley (Dkt. 86, D.R.I. No. 1:20-mj-00034, docketed in No. 1:20-cr-00074)

Record facts

U.S. District Court for the District of Rhode Island · No. 1:20-cr-00074-WES-LDA · Doc. 86 · 2022-08-31 · Docket on CourtListener

Full text

1 
 
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF RHODE ISLAND 
 
 
UNITED STATES OF AMERICA  
) 
)   Criminal No. 20-074-MSM 
v. 
 
 
   
) 
) 
DAVID STAVELEY 
 
 
) 
 
Defendant. 
 
 
) 
 
GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTION TO  
SHOW PROSECUTION FAILED TO PROVIDE EXCULPATORY EVIDENCE 
 
 
On August 29, 2022, defendant David Staveley (“Staveley”) filed a motion claiming, in 
part, that the United States failed to disclose exculpatory evidence to the defense. Much of this 
motion repeats the argument defendant makes in his petition for relief under 18 U.S.C. § 2255, 
namely that his counsel was ineffective in failing to provide him with certain portions of the 
discovery that had been produced by the Government. The Government will address that aspect 
of defendant’s argument in its later response to defendant’s petition under 18 U.S.C. § 2255.   
 
At the end of defendant’s motion, however, he makes the allegation that the United States 
Attorney’s Office intentionally failed to disclose to the defense certain Bureau of Prisons 
documentation concerning his allegation of being a victim of a sexual assault while in BOP 
custody. This allegation is utterly baseless as the United States disclosed to the defense each and 
every document it received from the BOP concerning defendant’s medical history and allegation 
of sexual assault.1  
 
1 It is unclear why documentation concerning a prior sexual assault would in any event be 
exculpatory as it immaterial to defendant’s guilt or innocence and the allegation was brought to 
the Court’s attention at sentencing.  
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2 
In or about February 2021, counsel for defendant contacted the undersigned and 
requested that the Government seek to obtain defendant’s medical records from the BOP, 
including those that may have referenced his sexual assault allegation. Attached as Exhibit A is a 
series of emails between the Government and defense counsel in which the Government is 
repeatedly providing the defense with all the records it received from the BOP concerning 
defendant’s medical history. As these emails indicate, records from Wyatt and numerous records 
from the BOP were disclosed to the defense on March 2, 2021 and March 10, 2021. On March 
10, 2021, defense counsel requested records from defendant’s 2015 stay at MDC Brooklyn. As 
provided in the Government’s responsive email, the Government contacted the BOP and 
requested these documents as well. The Government was advised that these records were placed 
in a central archive and would be difficult to locate. The Government never received these 
records, although defendant himself apparently received them while at FMC Devens. 
In summary, there was absolutely no failure on the part of the Government to disclose 
any exculpatory evidence to the defense. At the request of the defendant, the Government 
voluntarily reached out to the BOP to obtain defendant’s medical records. Upon receipt of these 
records, the Government immediately disclosed them to the defense.  
For the foregoing reasons, defendant’s motion should be denied. 
Respectfully submitted,    
ZACHARY A. CUNHA 
UNITED STATES ATTORNEY 
___________________________ 
LEE H. VILKER 
Assistant U.S. Attorney 
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3 
 
CERTIFICATE OF SERVICE 
 
 
I hereby certify that on this 31st day of August 2022, I caused the within Government’s 
Opposition to be filed electronically and it is available for viewing and downloading from the 
ECF system. I also certify that this Opposition has been mailed to: 
 
 
David Staveley 
 
Reg. No. 04230-049 
 
FMC Devens – Camp 
 
P.O. Box 879 
 
Ayer, MA 01432 
 
 
/s/ Lee H. Vilker________________  
 
LEE H. VILKER 
Assistant U. S. Attorney,  
 
 
 
 
 
 
 
U. S. Attorney's Office 
 
 
 
 
 
 
 
50 Kennedy Plaza, 8th Floor 
 
 
 
 
 
 
 
Providence, RI 02903 
 
 
 
 
 
 
 
401-709-5000, 401-709-5001 (fax) 
 
 
Case 1:20-cr-00074-WES-LDA     Document 86     Filed 08/31/22     Page 3 of 3 PageID #:
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