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benjamin and desportes

April 22, 2013Bevill M. Dean, ClerkRichmond Circuit Court Criminal DivisionJohn Marshall Courts Building400 N. 9 t h StreetRichmond, VA 23219BY COURIER

Re: Commonwealth v. Todd SchneiderCase Nos. CR13F-1960 thru 1963Discovery MotionsDear Mr. Dean:

Enclosed please find a M otion for Rule 3A:11 Discovery and a M otion forExculpatory Information which I wou ld appreciate your filing with the papers inthe referenced matter.Thank yo u for you r attention to these m atters.

Sincerely yours,

Steven D. Benjamincc:atrick Dorgan, EsquireOffice of the A ttorney General

Benjamin and DesPortes, AttorneysMailing address: P.O. Box 2464, Richmond, VA 23218Street address: 11 S. 12th Street, Suite 302,Richmond, VA 23219

804.788.4444 Fax 804.644.4512

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VIRGINIA:IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND

COMMONWEALTH OF VIRGINIAv.ase No. CR13F-1960 thru 1963Trial date: July 15-16, 2013 at 9:30 a.m.TODD SCHNEIDER MOTION FOR RULE 3A:11 DISCOVERYThe defendant, by counsel, pursuant to Rule 3A:11(b)(1) and (2), moves this HonorableCourt 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 pursuantto 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 ofany oral statements made by the defendant to any law enforcement officer, thathave not already been produced to the defense.

2. All scientific reports made in connection with this case.3. 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 asevidence or as an exhibit at trial.

Respectfully Submitted,TODD SCHNEIDER

By

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

CERTIFICATEI certify that a true and exact copy of this Motion was mailed, first class postage prepaid,

this 22n d day of April, 2013, to Patrick Dorgan, Assistant Attorney General, Office of theAttorney General, 900 East Main Street, Richmond, VA 23219 .

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

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VIRGINIA:

IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND

COMMONWEALTH OF VIRGINIAv.ase No. CR13F-1960 thru 1963Trial date: July 15-16, 2013 at 9:30 am.TODD SCHNEIDERMOTION FOR EXCULPATORY INFORMATIONThe defendant, by counsel, pursuant to the Due Process Clause of the FourteenthAmendment and the Compulsory Process Clause of the Sixth Amendment to the United StatesConstitution; and Article 1, 8 and 11 of the Virginia Constitution moves this Honorable Courtto 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 likelycontain material and exculpatory information. Nondisclosure, therefore, will violate thedefendant'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. UnitedStates, 404 U.S. 150 (1972); see, e.g. , McDowell v. Dixon, 858 F.2d 945 (4 t h 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 theidentity of favorable witnesses and the existence of exculpatory evidence, see United States v.Nixon, 418 U.S. 683, 709 (1974).

W here the defendant requests "inform ation," the term "information" includes, but is notlimited to, witness statements, documents, records, correspondence, email, texts, electronic data,and tangible items.

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GENERAL EXCULPATORY INFORMATION1. Statements (including prior statements during testimony) of any witness that are

in any way inconsistent with any other statement, testimony or anticipated testimony of thatwitness or any other potential witness for the Commonwealth.

2. All statements of potential witnesses for the Commonwealth which are known orreasonably 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 CCREprintouts typically relied upon by the Commonwealth are inaccurate and incomplete. See , e .g ,-udit 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 accurateand only 59 percent complete"). The defendant will need time prior to trial to verify theaccuracy and completeness of the witness's criminal history as reported by the Commonwealth.

4. Any information concerning any unlawful acts, activities, enterprises, or schemesknown to the Commonwealth of potential witnesses for the Commonwealth, including but notlimited to pending charges, efforts to evade reporting requirements, bribery, tax evasion, misuseof 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 theCommonwealth which contains exculpatory material, including but not limited to inconsistentstatements, admissions of criminal conduct, evidence of narcotic use or addiction, informationrelevant to cognitive abilities (medical, educational and psychological), and bias (including

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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 anypotential witnesses for the Commonwealth.

8. Any information concerning medications taken by any witnesses at the time of thealleged incident, at the time of any prior testimony, or at the time of trial, which might affect thewitness's ability to remember, recall, or relate any information concerning the alleged incidents.Such medications include, but are not limited to: antidepressants, anticholinergics (motionsickness, 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 byany 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 animositytowards the defendant or expressed beliefs that the defendant had evidenced or shown disrespector otherwise offended them.

11. Evidence tending to show that any physical and/or documentary evidence hasbeen tampered with, lost, destroyed, and/or in any other manner rendered other than it existed atthe time of the alleged offense or at the time of collection.

SPECIFIC EXCULPATORY INFORMATION12. 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:

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a. All instances of the defendant or an employee of his catering companysubmitting 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 theExecutive Mansion or anyone else to take the value of an unpaid invoice orrequest for payment in food from the Mansion;c. All instances in which the defendant was told to pay himself or hiscatering company by "taking it out in trade," "the usual way," or in any other wayconsistent with a system or method of paying the defendant or his companyindirectly 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 Virginiafor goods and services rendered but were not paid by check issued from the Commonwealth ofVirginia.

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 notlimited to:

a.he lodging and resources provided to Jeanine McDonnell during her

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residence at Camp Pendleton, believed to be for several months in early 2012;b. bottled waters, cups, Gatorade, protein powder. and other items taken fromthe mansion by Sean and Bobby McDonnell for use at their college residences;c. flats of eggs taken from the mansion by Rachel McDonnell;d. liquor taken by Rachel McDonnell or her boyfriend, Nick, from themansion for a private party at Camp Pendleton;e. pots and pans from the mansion given to Jeanine, Rachel or CailinMcDonnell by Maureen McDonnell.

15 . Information concerning any financial, personal, or political relationship betweenJonnie Williams or Star Scientific and any potential witness.

16. Information concerning all gifts given to the Governor or any member of theGovernor's family by Jonnie Williams, Star Scientific, Starwood Trust, and any other entityowned, controlled by, or associated with Jonnie Williams.

Respectfully Submitted,TODD SCHNEIDER

By /1 iThiCounsel

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

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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 theAttorney General, 900 East Main Street, Richmond, VA 23219.

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