JAMES WEBSTER DYKE, JR.

ANDREA J. IRBY

JACQUELINE J. MOORE June 13, 1984

R. KENNETH MUNDY

SANDRA D. RASPBERRY

DANIEL A. REZNECK

LAWRENCE H. SCHWARTZ

MERINDA DAVIS WILSON

Mr. John Finnegan

Assistant United States Attorney

United States Courthouse

John Marshall Plaza

Washington, D.C. 20001

Dear Mr. Finnegan:

I write on behalf of Mr. William Thomas who I represent in M-0352-84. Property was seized from Mr. Thomas at the time of his arrest in this matter on June 6, 1984. Among that property was a camera loaded with film that witnesses saw Park Police Officers recover. On June 12, 1984, Mr. Thomas went to the Park Police property office to retrieve his property. The police records reveal that the camera was seized and listed, but the property room clerk could not locate it. As of Mr. Thomas' departure from the property office the camera was considered missing.

The camera seized by the police contained pictures taken of the police activity surrounding Mr. Thomas' arrest as well as the actions taken by Mr. Thomas. Due to the nature of the charge, resisting arrest, the pictures constitute crucial evidence. As a result I request that the government immediately make efforts to find the camera and the film. If the disappearance of the camera is simply due to being misplaced, an early search will hopefully lead to its recovery.

As I am sure you are aware, the government has a duty to preserve all evidence. See, United States v. Bryant, 142 U.S. App. D.C. 132, 439 F.2d 642, aff'd after remand, 145 U.S. App. D.C. 259, 448 F.2d 1182 (1971). That camera and film clearly constitutes evidence that goes to the heart of this prosecution. Accordingly, your full cooperation in securing this evidence is requested.

Mr. John Finnegan

June 12, 1984

Page Two

I look forward to hearing from you about this matter in the near future.

Sincerely yours,

/s/Paul a. Leder_____

Paul A. Leder

Counsel for William Thomas

PAL/vft

cc: Chief Lyn H. Herring
United States Park Police
ll00 Ohio Drive, S.W.
Washington, D.C. 20242

Court File: M-0352-84

Appendix B

United States Department of the Interior

NATIONAL PARK SERVICE

HEADQUARTERS, UNITED STATES PARK POLICE
1100 OHIO DRIVE, S.W.
WASHINGTON, D.S.
IN REPLY REFER TO:
June 19, 1984
P36(NCR-PPIA)