Michael D. Linick, aka Strider
Defendant/Pro se
PO Box 1125 
Eugene, Oregon 97440 
[no phone]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
UNITED STATES OF AMERICA,

                Plaintiff,           NO. CR.-98-502-I-PCT-RGS

         vs.                         DEFENDANT'S REQUEST FOR
                                     DISCOVERY
MICHAEL D. LINICK, 
 aka STRIDER,

               Defendant.

TO: SCOTT BALES, Esq.
Assistant United States Attorney
230 North 1st Avenue, Room 4000
Phoenix, Arizona 85052

Pursuant to the provisions of Federal Rule of Criminal Procedure 16,- defendant requests plaintiff United States of America to produce the documents described hereinafter, in accordance with the definitions and instructions contained herein, for inspection and copying,. on or before thirty (30) days from the date hereof. The documents described hereinafter can be made available for inspection and copying by Michael D. Linick on or before noon, Friday, September 18, 1998 at your offices.

NOTICE

THIS REQUEST FOR DISCOVERY IS A CONTINUING REQUEST THROUGH THE TIME OF TRIAL AND PLAINTIFF UNITED STATES OF AMERICA IS REQUESTED TO UPDATE PLAINTIFF'S RESPONSES TO THIS REQUEST FOR DISCOVERY AS ADDITIONAL DOCUMENTS BECOME AVAILABLE TO PLAINTIFF.

IN THE EVENT THESE REQUESTS AND CONTINUING REQUESTS FOR DISCLOSURE ARE NOT COMPLIED WITH, DEFENDANT RESERVES THE RIGHT TO SEEK APPROPRIATE REMEDIES PROVIDED BY LAW.

1 - DEFENDANT'S REQUEST FOR DISCOVERY


I. INSTRUCTIONS AND DEFINITIONS

A. Each request hereinafter contained extends to any document in the possession, custody or control of plaintiff United States of America. The document is deemed to be in the possession, custody or control of the plaintiff if it is in the physical custody of plaintiff, or if it is in the physical custody of any other person and the plaintiff (a) owns such document in whole or in part; (b) has a right to use, inspect, examine or copy such document on any terms; (c) has any understanding, express or implied, that plaintiff may use, inspect, examine or copy such document on any terms; or (d) has, as a practical matter, been able to use, inspect, examine or copy such document .

B. "Plaintiff" includes not only the plaintiff United States of America but also such plaintiff 's attorney or attorneys, and any other agent.

C. "Document" as used in this request refers to any record or communication that would be a "writing, " "recording, " or "photograph, " including the originals and nonidentical copies, whether different from the original by reason of any notation made upon such copy or otherwise, including, without limitation, correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, transcripts, contracts, reports, studies, statements, questionnaires, receipts, returns, summaries, pamphlets, books, interoffice and intraoffice communications, bulletins, printed matter, invoices, worksheets, photographs, charts, test results, microfilm and electronic recordings, depictions, tapes, computer floppy discs, computer hard drives, phono records and other data compilations, from which information can be obtained.

D. "Communication" means any correspondence, contact, discussion or exchange between any two or more persons. Without limiting the foregoing, "communication" includes all documents, telephone conversations, and any means of transmitting a message, face to face conversations, meetings and conferences .

E. The words "and" and "or" shall be individually interpreted in every instance as meaning "and/or" and shall not be interpreted to exclude any information within the scope of this request.

F. As to any document which you fail to produce, state the location where such document can be found, the name of the possessor of such document, when such document left the plaintiff 's possession or control and the reasons why plaintiff cannot produce such document.

2 - DEFENDANT ' S REQUEST FOR DISCOVERY


G. If you claim any document(s) sought herein is/are not subject to disclosure as a result of the application of any privilege or other protection against disclosure including, but not limited to, attorney/client privilege or attorney's work product, you are required to identify such document(s), stating the name of the author, recipient, addressee, date and subject matter of such document with sufficient particularity that a determination can be made with respect to the applicability of any claim or privilege or other protection against disclosure.

II. REQUESTS

1. Any and all documents pertaining to the 1998 Rainbow Gathering in the Apache-Sitgreaves National Forest in Arizona which mention the defendant by his legal name and/or his aka Strider.

2. Any and all documents that describe, mention, and/or otherwise include information about the U.S. Government's strategies, plans, expectations, and the like respecting enforcement of the federal special use authorization regulations against the Rainbow Family of Living Light's 1998 Rainbow Gathering.

3. Any and all documents, including, but not limited to,- any interoffice and intraoffice memoranda, notes, communications, reports, and the-like in the possession, control or custody of the U.S. Forest Service and/or any of its employees, agents, or the like which pertain to the U.S. Forest Service efforts to require the Rainbow Family to acquire a permit before gathering on National Forest Systems land between -1972 to the present, including, but not limited to, strategies, law enforcement efforts, and/or comments to the effect of stopping a particular Rainbow Gathering or meeting,. or generally halting Rainbow gatherings or meetings, etc.

4 Any and all documents, including, but not limited to, any interoffice and intraoffice memoranda, notes, communications, and the like dated between July 23, 1988 through August 30, 1995, inclusive, pertaining to the amending of the special use authorization regulations [culminating in 36 CFR Part 251, subpart B] which documents mention the Rainbow Family of Living Light and/or the Rainbow Gathering or meetings.

3 - DEFENDANT'S REQUEST FOR DISCOVERY


5. Any and all documents which pertain to the notice given interested persons and/or the public respecting the proposed rule found at 58 FR 26940, first published May 6, 1993, including all background, statistical, or other information made available for inspection or review by either interested persons and/or the public.

DATED this 31st day of August, 1998. .

Michael D. Linick, aka Strider
Defendant/Pro se

4 - DEFENDANT'S REQUEST FOR DISCOVERY