UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA
v. (Magistrate Dwyer)

CONCEPCION PICCIOTTO

MAGISTRATE NO.: 84-0072

GOVERNMENT'S OPPOSITION TO DEFENDANT'S SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO DISMISS ON THE GROUND OF SELECTIVE PROSECUTION

The United States of America, by its attorney, the United States Attorney for the District of Columbia, respectfully opposes defendant's motion to dismiss and or compel additional discovery. As grounds for its opposition, the Government cites the following points and authority.

FACTS

For almost three years, defendants Concepcion Picciotto and William Thomas, have conducted an anti-nuclear weapons protest near the White House On January 31, 1984, United States Park Police arrested the defendants charging them with camping and storing personal property in LaFayette Park in violation of 36 C.F.R. 50.27. In response to these charges, defendant Picciotto has proffered selective prosecution as a defense. Defendant bases her claim on alegations that while she has been prosecuted under 36 C.F.R. 50.27 other "similarly situated" groups including Vietnam Veterans participating in a vigil near the War Memorial, Anti-American Lebanese Policy Arab demonstrators, and homeless people, have not.