Government's Response to Motion for Return of Property — USA v. Staveley (D.R.I., Dkt. 102)

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Case 1:20-cr-00074-WES-LDA     Document 102     Filed 10/20/22     Page 1 of 6 PageID #:
1005
[illegible] page 1
United States District Court
For the District of Rhode Island

United States of America
v.
David Staveley,
Case No.
20-CR-00074-MSM

RECEIVED
OCT 20 2022
U.S. DISTRICT COURT
DISTRICT OF R.I.

Motion to Strike

The following Motion is presented to the honorable
court by the Defendant, Pro Se due to the
denial of the court to appoint competent counsel
to the defendant in these proceedings. The Defendant
is not an attorney and is incarcerated during
Covid-19 protocals with the limited access to
resources, legal reference and communication
limiting the Defendant's abilities significantly
to be anyway effectual.

On or about October 6, 2022, Assistant U.S.
Attorney Lee H. Vilker filed a response to the court
(see attached) which in typical form grossly manipulates
and shows continued deception upon the
court. AUSA Lee Vilker makes broad
statements consistently like "Massachusetts
State Police" confirmed - "they assert" these
are meaningless and not factual as per
his pattern there are no specifics like;
who from the state police, dates of these
multiple attempts, how did they attempt
to communicate and why did they simply
not return to the Court, FBI or U.S Marshall's?
Case 1:20-cr-00074-WES-LDA     Document 102     Filed 10/20/22     Page 2 of 6 PageID #:
1006
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seems improbable that the Massachusetts
State Police made such an effort
"multiple occasions" as stated by Lee
Vilker when the case is Federal and
all they had to do is contact the FBI.
It is more likely nothing was ever
done and AUSA Lee Vilker, as he
has had a propensity to do time [illegible]
and time again in these proceedings,
has exagerated, manipulated and
outright lied in order to portray the
Defendant and now disgracefully an
82 year old elderly family member
in a false light!

The license appeared on FBI reports and
property lists as well in media reports
to be in the possession of Federal law
enforcement. There was no attempts by
the Massachusetts State Police to return
the license and without inquiry there would
be no reason for them to make "multiple"
attempts as portrayed by AUSA Lee Vilker.
Additionally, at the filing of this motion
the FBI has made an [illegible] attempt to contact
Judith Sanborn on Friday, October 7th.
The agent came unannounced and Ms.
Sanborn was not home. Judith Sanborn
called and left messages for the FBI
on Saturday, October 8th. The license
as well as the Defendant's wallet and the
additional contents have not been returned.
Case 1:20-cr-00074-WES-LDA     Document 102     Filed 10/20/22     Page 3 of 6 PageID #:
1007
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Assistant U.S. Attorney Lee Vilker has developed
a pattern of prejudice over the course of
these proceedings of untruthful and bias
statements used to manipulate the court
and portray the defendant, who is without
Counsel an without the ability to defend
himself from such outrageous mistruths, and
now an 82 year old elderly family member
in a false light.

At no point has the court held AUSA Vilker
to any legal standard, rather in his position
he should be held to a higher standard.
The Defendant respectfully request the court
to Strike, AUSA Lee Vilker's motion
due to its flagrant exageration and
lack of factual content. Additionally, the
Defendant again request the return of his
property in totality, license, wallet and
personal content please.

The Defendant would also request that
AUSA Lee Vilker be removed from
participating in his present roll in these
proceeding. He has prejudice the Defendant
and continues to make flanboyant and
untruthful statements in proceedings
mandated by the First District Court of Appeals.
As new counsel has been appointed by the
U.S. Attorneys Office.
Case 1:20-cr-00074-WES-LDA     Document 102     Filed 10/20/22     Page 4 of 6 PageID #:
1008
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 RESPONSE TO DEFENDANT'S
MOTION FOR RETURN OF PROPERTY

Defendant David Staveley ("Staveley") moved this Court (ECF #100) to compel the
Government to return to him his Massachusetts driver's license. In that motion, defendant claims
that the FBI came into possession of the driver's license when defendant left it in his vehicle
when he staged his suicide. In response to this motion, the undersigned contacted the FBI, which
confirmed that they do not have and never did have defendant's driver's license in their
possession. However, the FBI reached out to the Massachusetts State Police, the law
enforcement agency that responded to defendant's abandoned vehicle. The Massachusetts State
Police confirmed that they do have defendant's driver's license in their possession. They assert
that they attempted to return the license to defendant's mother on multiple occasions but that she
did not accept it. The FBI will now take possession of the driver's license and attempt to return it
to defendant's mother, who previously took possession of some of defendant's other personal
belongings.
For the foregoing reasons, defendant's motion should be denied as moot.
Case 1:20-cr-00074-WES-LDA     Document 102     Filed 10/20/22     Page 5 of 6 PageID #:
1009
Respectfully submitted,

ZACHARY A. CUNHA
UNITED STATES ATTORNEY

/s/ Lee H. Vilker
LEE H. VILKER
Assistant U.S. Attorney

2
Case 1:20-cr-00074-WES-LDA     Document 102     Filed 10/20/22     Page 6 of 6 PageID #:
1010
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Respectfully Submitted
[signature]
David Staveley
Pro Se

Enclosure: Affidavit of
Judith S. Sanborn


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