DOCUMENT 4

ELECTRONICALLY FILED
3/16/2016 6:55 AM
47-DC-2016-001646.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
JANE C. SMITH, CLERK

IN THE DISTRICT COURT OF MADISON COUNTY, ALABAMA

TENTH JUDICIAL CIRCUIT
STATE OF ALABAMA
PLAINTIFF,
vs.
EDWARD LOUIS JONES II,
DEFENDANT.

)
)
)
)
)
)
)
)
)
)

DC 2016-1646-PDD

NOTICE OF SERVICE OF DISCOVERY DOCUMENT

Please take notice that, pursuant to ARCP, defendant has served
on all counsel of record the following discovery documents:
(X) Defendants Request for Production
Respectfully Submitted,
s/Lee Wendell Loder
Lee Wendell Loder
Attorney for Defendant
Loder, P.C.
P. O. Box 13545
Birmingham, AL 35202-3545
(205) 326-0566
CERTIFICATE OF SERVICE
I hereby certify that a copy of this NOTICE OF SERVICE OF
DISCOVERY DOCUMENT was served on all parties by electronic filing
on this 16th day of March, 2016.
s/Lee Wendell Loder
Lee Wendell Loder

DOCUMENT 4

IN THE DISTRICT COURT OF MADISON COUNTY, ALABAMA

TENTH JUDICIAL CIRCUIT
STATE OF ALABAMA
PLAINTIFF,
vs.
EDWARD LOUIS JONES II,
DEFENDANT.

)
)
)
)
)
)
)
)
)
)

DC 2016-1646-PDD

MOTION FOR PRODUCTION AND DISCOVERY OF INFORMATION

NECESSARY TO RECEIVE A FAIR TRIAL
Comes now the defendant, EDWARD LOUIS JONES II, by and
through his undersigned Attorney and respectfully moves this
Court pursuant to the Sixth, Eighth and Fourteenth Amendments to
the United States Constitution, the laws of the United States and
of Alabama, the Alabama Rules Of Criminal Procedure, Brady vs.
Maryland, 373 U.S. 83 (1963); United States vs. Agurs, 427 United
States 97 (1976); Giglio vs. United States, 405 U.S. 150, 154
(1972), and other authority cited herein, to require the
prosecution to disclose to counsel, and permit them to inspect,
copy, test and photograph the following:
1. All statements, whether written, tape recorded, or oral
made by the Defendant to any person, at anytime before, during or
after his arrest in this case, including the name and address of
the person(s) to whom the statement(s) was (were) made,
including, but not limited to those relevant to:
(A) the alleged crime;
(B) the investigation of that crime; and
(C) any condition of the Defendant, including but not
limited to his mental or physical state:
(I) at the time of the alleged crime;
(ii) at the time of any statements of the Defendant
described in paragraphs 1(A) through (C)above;
(iii) at any other time subsequent to the alleged
crime;
2. The names and addresses of all persons the prosecution
proposes to offer as witnesses at the trial or any hearing of
2

DOCUMENT 4

this case, and any persons with knowledge of any facts and
circumstances surrounding the crime or the Defendant.
3. The names and addresses of all persons who have given
recorded statements to the prosecution or any law enforcement
officer and the name and address of the recipient of such
statements to include the date, time and place of the said
statements.
4. The names and addresses of all persons who have given
written or oral statements to the prosecution or any and all law
enforcement officers and the name and address of the recipient of
such statements to include the date, time and place of the said
statements.
5. Copies of all written and/or oral statements referred to
in Paragraphs 4 or 5 above, including memorandum, summaries or
recordings of such statements, as well as grand jury testimony,
which conflicts with said statements.
6. All memoranda, documents and reports to, from and
between law enforcement officers connected with the subject
matter of this case.
7. All memoranda, documents and reports to, from and
between the investigative staff of the prosecution, excluding
those portions if any, which contain the opinions, theories, or
conclusions of the prosecuting attorney or members of his/her
legal staff, which are exculpatory in nature.
8. The criminal records and any list or summary reflecting
criminal records of all persons whom the prosecution intends to
call as a witness at trial, which record indicates that the
witness has been convicted of a felony or crime involving moral
turpitude.
9. All evidence in the prosecutor's possession or available
to the prosecution which is favorable to the Defendant on the
issue of probable cause to arrest and search his residence,
and/or his guilt, including but not limited to:
(A) Unfavorable evidence with respect to prosecution
witnesses;
(B) Unfavorable evidence respecting any co-Defendants;or
possible accomplice;
(C)

Any and all evidence, letters, memoranda or other

3

DOCUMENT 4

material of any nature disclosing bias and/or prejudice or prejudgment by citizens of this county against the Defendant and/or
his Co-Defendant, and the identity of the persons making
statements indicating such views;
(D) Any and all other information respecting any
prosecution witness which is favorable to the Defendant on the
issue of guilt;
(E) Statements made by any persons which are exculpatory
with respect to the Defendant, including all statements made by
prospective prosecution witnesses.
10. All evidence in the prosecution's possession or
available to the prosecution which is favorable to the Defendant
on the issue of punishment, including but not limited to evidence
disclosing that:
(A) The Defendant has no significant history of prior
criminal activity.
(B) The offense was committed while the Defendant was under
the influence of extreme mental or emotional disturbance or under
diminished capacity whether self-induced or induced by others;
(C) The victim or law enforcement agents were a participant
or arguably a participant in the Defendant's conduct;
(D) The Defendant was an accomplice and his participation
was relatively minor;
(E) The Defendant acted under duress or under the
substantial domination of another person;
(F) The capacity of the Defendant to appreciate the
criminality of his conduct or to conform his conduct to the
requirements of law was substantially impaired; and,
(G) Partial or total negation of any evidence offered by
the State in support of any alleged aggravating circumstance.
11. All physical or documentary evidence, including
diagrams, sketches, books, papers, documents, photographs or
tangible objects in the possession of the prosecution or it's
witnesses that relate to this case or this Defendant in any way.
12. All diagrams, sketches, reports, statements (oral or
written) and photographs which have been made by or shown to any
4

DOCUMENT 4

witnesses or prospective witnesses in this case, as well as the

identity of each witness to whom this material was shown.
13. All records and reports of every kind reflecting the
conducting or results of any medical, pathological,
toxicological, chemical, biochemical, criminal, laboratory,
forensic or scientific examinations, investigations and analysis
undertaken in connection with the investigation or preparation of
this case.
14. All records and reports relating to the Defendant
including:
(A) All Defendant detention, jail, prison, parole,
probation and presentence investigation records;
(B) All arrest, conviction, and adult and Juvenile criminal
offense records;
(C) All records of any law enforcement authority pertaining
to this Defendant or a co-defendant or accomplice;
(D) All records of any detention or court authority;
(E) All evidence or materials that law enforcement
officials has submitted to any professional personnel for
examination or analysis in connection with this case.
15. All records and reports relating to any prosecution
witness, including:
(A) All Defendant detention, jail, prison, parole,
probation and presentence investigation records;
(B) All arrest, conviction, and adult and Juvenile criminal
offense records
(C) All records of any law enforcement authority;
(D) All records of any detention or court authority;
(E) All records of any prosecuting authority;
(F) All psychiatric, psychological and mental health
records;
(G) All education records;
16. A statement as to whether the prosecution will rely on
prior acts or convictions of a similar nature for proof of
knowledge or intent, including a description of each act or
conviction to be relied upon, if any.
17. A list of all expert witnesses the prosecution intends
to call at trial, along with each expert's qualifications, the
subject and a description of his or her contemplated testimony,
and his or her report.
18. A Statement as to whether the prosecution intends to
introduce any prior convictions of the Defendant at trial, or in
5

DOCUMENT 4

the sentencing phase of the trial, if applicable, or in the event

a sentencing hearing is required.
19. Tangible Evidence such as:
(A) Weapons and parts thereof, including spent projectiles
and casings.
(B) Fingerprints;
(C) Photographs;
(D) Footprints;
(E) Clothing;
(F) Forensic reports
(G) Medical records and reports;
(H) Pathological records and reports;
(I) Toxicological records and reports;
(J) Chemical records and reports;
(K) Biochemical, DNA records and reports;
(L) Criminal records and reports;
(M) Laboratory records and report;
(N) Scientific records and reports;
(O) Coroners' records and reports;
(P) Automobiles and contents;
(Q) Hair samples;
(R) Blood samples;
(S) Proceeds of the alleged offense; or any money found in
the Defendant's possession;
(T) Of the following cities and entities: City of
Birmingham, the State of Alabama, MADISON County Sheriff
Department, DEA agents, including all officers, owners,
operators, and investigators or agents thereof; all dispatch
records and recordings; all notes, writings, or other memoranda;
telephone and radio communications; written oral or recorded;
transmissions received and recorded; all police reports, all
police logs; all police rough notes or other memoranda; all
records of Defendant's arrest and/or convictions, confessions,
all arrest records and criminal convictions of the State's
witnesses; all of Defendant's employer's records pertaining to
Defendant, and all other tangible or physical evidence.
This Motion is made under the authority of Brady vs.
Maryland, 373 U.S. 83 (1963); Napue vs. Illinois, 360 U.S. 264
(1959); Giles vs. Maryland, 386 U.S. 66 (1967); Davis vs. Alaska,
415 U.S. 30 (1974); United States vs. Pitt, 717 F.2d 1334 (11th
Cir. 1983), as well as the constitutional and statutory
provisions cited in the opening paragraph of this Motion.

DOCUMENT 4

WHEREFORE, the Defendant respectfully prays that this

Honorable Court to order the production of the foregoing
materials.
Respectfully Submitted,
s/Lee Wendell Loder
LEE WENDELL LODER
LODER, P.C.
ATTORNEY FOR DEFENDANT
P.O. Box 13545
BIRMINGHAM, AL 35202
(205)326-0566
CERTIFICATE OF SERVICE
I hereby certify that I have served the above and foregoing
Motion For Production and Discovery of Information Necessary To
Receive a Fair Trial upon the District Attorney's Office for
Madison County, Alabama, by electronic filing on this the 16th
day of March, 2016.
s/Lee Wendell Loder
LEE WENDELL LODER
NOTICE OF HEARING
This above and foregoing Motion is hereby set for the
day of
, 2016, at
a.m./p.m.

DISTRICT COURT JUDGE