DISTRICT OF COLUMBIA :
:
Libellant, :
:
v. :
CA 5864-87
:
ONE 1986 SOUTHWIND MOTOR HOME :
SERIAL NO. 1GBJP37WSF335620 :
(Walter Lyons, Respondent)et al:
TO: District of Columbia, Libellant
c/o Assistant Corp. Counsel Deborah Miron
451 Indiana Ave. N.W., Suite 300
Washington, D.C. 20001
These interrogatories are directed to you pursuant to SCR- Civil Rule 33. You are directed to answer each of the interrogatories separately, and under oath, and serve a copy of your answers thereto on Brenda Grantland, Esq., attorney for respondent, within thirty days after service.
a. These interrogatories are continuing in character, so as to require the filing of supplemental answers if further or different information or documents are obtained prior to trial.
b. Where the name or identity of persons is requested please state his or her full name, home address, business address and telephone number. Where the interrogatories request the identification of documents, please identify the document by maker, date and brief description.
c. Unless otherwise indicated, these interrogatories refer to the time, place and circumstances of the occurrence mentioned in the pleadings. The term "occurrence" refers to the circumstances surrounding the seizure of monies and property referred to in the libel of information.
d. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives and, unless privileged, his attorneys. Where answer is made by a corporation or other legal entity, state the name, address and title of the person supplying the information and making the affidavit. You should also state the source of that person's information.
e. The pronoun "you" refers to each party to whom these interrogatories and requests are directed and the persons mentioned in clause (d).
1. Identify any written statements, and state the substance of any oral statements made to police by Richard Lyons, aka Walter Lyons during or after his arrest, which you intend to use in this forfeiture case. If Richard Lyons was arrested on more than one occasion subsequent to the seizure of the property libelled in this case, state the date of arrest in addition to the above information for each statement you intend to use. Identify any documents or witnesses you consulted in answering this interrogatory.
2. State with particularity each item of evidence upon which you intend to rely to refute respondent's defense that he is an innocent owner whose property is protected from forfeiture by D.C. Code Sec. 33-552(a)(4)(B), which provides:
3. State the names, work and home addresses and phone numbers of all persons whom you intend to call as witnesses in this action. As to each, specify the substance of the matters to which he will testify and the basis for such witness's testimony.
4. Identify each document in the government's possession, other than the documents identified in response to the above interrogatories, which contains any information or which pertains in any way to the occurrence. The term "document" refers to any writing, drawing, graph, chart, photograph, tape recordings, transcripts, and other data compilations from which information can be obtained and translated, if necessary, into reasonably usable form. Each "document" should be identified by a brief description, author or maker, date and subject matter.
5. Identify any physical evidence, including but not limited to narcotics and paraphernalia, which you intend to use in the trial of this case. As to each, state the date on which it was recovered, the person and exact location from which it was recovered, and the circumstances of the seizure.
6. Identify any documents stating the results of any fingerprint, chemical analysis or other scientific tests conducted upon the physical evidence listed in response to interrogatory 5. 7. State with particularity what steps were taken by the Office of Corporation Counsel or its agents, to determine the names and addresses of persons who owned interests in the 1980 Ford truck which is libelled in this case.
8. State why Shirley Lyons was not served with the libel of information in this case.
9. State with particularity what investigation was conducted by you, your agents, or the attorney in Corporation Counsel's office to which this case was assigned, prior to the filing of the libel of information in this case, in order to determine whether the case had merit. Identify in your answer all documents reviewed and all the witnesses you interviewed, and state the substance of oral reports to you with regards to the facts of this case.
10. State where the Ford truck is currently being stored, and how long it has been there. State whether it has been driven by anyone, other than during its delivery to the location at which it is currently being held. Identify any documents or witnesses you consulted in answering this interrogatory.
11. State whether the place where the Ford truck is being stored is an indoor or outdoor lot, whether it is paved, gravel or dirt. State what efforts are being made to protect it from the elements and to preserve its condition.
12. State whether the Ford truck has been damaged since its detention, and if so, detail the circumstances. Identify any documents or witnesses you consulted in answering this interrogatory.
13. Prior to answering these interrogatories have you made a diligent search of your books, records, and papers and a diligent inquiry of your agents, employees, representatives, and attorney with a view to collecting all the information available in this action?
_________________________
BY: Brenda Grantland #362417
419 7th Street N.W.
Suite 401
Washington, DC 20004
(202)393-8398
I hereby certify that a copy of the foregoing Interrogatories was served
by first class mail, upon Deborah Miron, Assistant Corporation Counsel,
Room 300, 451 Indiana Ave. N.W., Washington, D.C. 20001, this ____________
day of ________________, 1989.
________________________
Brenda Grantland