MILLIKEN & VAN SUSTEREN, P.C.
ATTORNEYS AT LAW
511 E STREET, N.W.
WASHINGTON, D.C. 20001

STEPHEN 0. MILLIKEN TELEPHONE
DAVID L. NORMAN AREA CODE 202
KAREN M. SCHNEIDER
June 22, 1984
GRETA C VAN SUSTEREN

Ms. Pamela Stuart
Assistant U.S. Attorney
United States Courthouse
Constitution Avenue &
John Marshall Place, N.W.
Washington, D.C. 20001

Re: United States v. Ellen Benjamin Thomas

Criminal No. M-0352-84

Dear Ms. Stuart:

Pursuant to our conversation of June 19, 1984, I write to confirm your agreement to locate and secure for defense examination the camera and film therein seized in connection with the arrest of Ellen Benjamin Thomas on June 6, 1984.

It is my understanding that the camera was seized, and the seizure is reflected on Park Police property records. Nonetheless, the property's location is not now known to you as you await the return of an officer on leave to locate it.

I rely on your "earnest effort" to locate the discoverable camera and film pursuant to the government's obligations under United States v. Augenblick, 393 U.S. 348, 355-56 (1969). I further rely on your preservation of the discoverable material for defense examination pursuant to United States v. Bryant, 142 U.S.App.D.C. 132, 439 F.2d 642, affirmed after remand, 145 U.S.App.D.C. 259, 448 F.2d 1182 (1971), citing United States v. Augenblick, supra. The obligation of preservation extends equally to the Park Police as to your office.

Another concern we discussed was development of the film within the camera. You asserted that the film, as well as the camera, constitute evidence lawfully in the possession of the government, and further that the government is within its rights in development of the film for further evidence.

Pamela Stuart
June 22, 1984
Page two

I do not share your view and have asked for return of the camera and film, which request I understand you refuse. We discussed a compromise of development of the film by an agency other than the Park Police, for example, the FBI. We agreed that we share a strong interest in having the camera preserved and the film developed completely and accurately.

I am agreeable to the foregoing compromise and rely on your perseverance to insure preservation of this material for return or discovery without loss or alteration.

Sincerely,

/s/Stephen G. Milliken
Stephen G. Milliken

Counsel for Ellen Benjamin Thomas

June 22, 1984

John Turner saw, black cop, camera put in little compartment in back truck

Park across from DAR 5’10",brown hair –on loos side but look side-

Starting Monday going to labor pool on 14thstreet


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Peace Park | People