Case 3:16-cr-00693-DB Document 242 Filed 12/15/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
EL PASO DIVISION
UNITED STATES OF AMERICA
v.
JOHN TANNER (3)

CASE NO. 3:16-cr-693

DEFENDANT TANNERS MOTION FOR DISCOVERY AND PRODUCTION

COMES NOW Defendant John Tanner, through counsel, and moves this Court to enter
an Order requiring the Government to disclose and produce certain documents for copying.
These requests ARE NOT the same as have been requested by email previously to AUSA Debra
Kanoff. They are written as a result of the previous correspondences.
1. The recorded conversation of the Defendant, as required by Fed. R. Crim. P.
16(a)(1)(B), not included in the discovery thus far provided by the Government,
which the prosecution has said it will produce, but has not.
2. A written summary of any expert witness evidence the Government intends to use
under Fed. R. Evid. 702, 703, or 705 as required by Fed. R. Crim. P. 16(a)(1)(G), as
well as the witnesss opinions, and the bases and reasons for the opinions, and the
witnesss qualifications, specifically including witnesses Dr. Justin Porter, Sue
Coultress, Shannon Housson, and Monica Martinez.
3. Production of the following documents which the Defense cannot find in the
discovery provided by the Government. They are necessary because they are material
to preparing the defense and contain information that is favorable to the defense
under the case authority of Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v.
United States, 405 U.S. 150 (1972):
1. All audits, reports and memoranda done regarding Austin High School, which
are soon to be in the possession of the prosecution and FBI agents regarding
the subjects of credit recovery, grading, and student absences, and have not
previously given to the defense, even if the Government does not believe they
are relevant or reliable.

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2. Copies of Austin High School senior cumulative files audited for possible
fraud or error by Vanessa Foreman of the EPISD, when such information is
provided by Ms. Foremans attorney, or is found. If no one claims to know
where the audited files are and no one claims to have a copy, the defense
moves for a hearing with Ms. Foreman and others as witnesses, to determine
how the files disappeared.
3. The 2015-2016 audit of Austin High School conducted by EPISD IA titled
Attendance audit of attendance data and coding during Fall 2014 semester,
formerly available on EPISD IA website but recently removed, if the
Government has a copy.
4. Medical, physical, and mental reports or records on Damon Murphy for the
past three (3) years, specifically including psychiatric and psychological
records.
For the foregoing reasons, Defendant Tanner respectfully requests that this Court
grant the requested discovery in all respects.
Respectfully submitted,
/s/ Elizabeth Rogers
ELIZABETH ROGERS
State Bar No. 17165400
509 N. 6th Street
Alpine, Texas 79830
lizrogersalpine@yahoo.com
432-538-7070
432-386-6567 - fax
/s/ Thomas W. Mills, Jr.
THOMAS W. MILLS, JR.
State Bar No. 14167500
MILLS & WILLIAMS, L.L.P.
Premier Place, Suite 980
5910 N. Central Expressway
Dallas, Texas 75206-5141
tmills@millsandwillilams.com
214-265-9265
214-363-3167 - fax
ATTORNEYS FOR DEFENDANT

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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of December, 2016, I electronically filed the
foregoing instrument, using the ECF system of this Court. A copy of this instrument is being
provided to all counsel of record via the ECF system of the court.
/s/ Thomas W. Mills, Jr.
THOMAS W. MILLS, JR.

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