In this tax evasion and structuring prosecution, defendants are not entitled to handwritten notes by government agents of interviews of various government witnesses, the Abingdon U.S. District Court says, but defendants may obtain notes of their own interviews by agents.
Defendants are not entitled to agents’ notes related to statements made by all of the specified individuals. However, defendants’ specific request for the notes of their own interviews is a different matter.
Under the clear language of Fed. R. Crim. P. 16, any handwritten notes are a “written record.” They may not be the only written record, but they certainly are “a” written record. In this case, defendants are entitled to discovery under Rule 16 of any existing notes made by a government agent of their statements.
U.S. v. Adams (Jones) No. 1:12cr44, Jan. 9, 2014; USDC at Abingdon, Va. VLW 014-3-172, 4 pp.