t | SCHERTLER & ONORATO, LLP. October 28, 2009 ‘VIA FACSIMILE AND FIRST CLASS MAIL, Glenn L. Kirschner, Esq. T. Patrick Martin, Esq. Assistant United States Attorneys United States Attorney’s Office for the District of Columbia 5554" Street, NW Washington, DC 20530 Re: United Sates v. Jo Case Ne F127068 Gentlemen: Pursuant to the Court's September 11, 2009 ruling, we write to request that you provide certain portions of the recorded radio communications made on August 2-3, 2006, regarding care provided to Robert E. Wone, including but not limited all TAC communications by and among the police officers and the EMS staff who responded to 1509 Swann Street, and all ‘communications for the following six hours (the “Radio Runs”), These communications include Engine 20 and Medic-I’s responses to the Communications Division, orders from the Communications Division, and transmissions among Engine Company 20, Medic-1 and the Communications Division from the time they left the station until they arrived at George ‘Washington University Hospital with Robert E. Wone. ‘Communications regarding any of the following matters are material to the preparation of the defense and we therefore request that you provide us with any and all portions of the radio communications that relate in any way to the following matters: 1) Medical care provided to Robert E. Wone, including any attempted or discussed life- saving measures; 2) Mr. Wone’s condition at any time, including but not limited to his appearance, his condition when first observed by the EMS responders, his vital signs, any change in . his condition,and likelihood of survival; - 7 ATTORNEYS AT LAW | Gor Peaneyvanin Avenue, NW. | 202.628.4109 North Building, 9th Floor 302.638.4177 ‘Washington, D.C. 20004-2601 | wwwacherelew.com i BURGESSM 10/29/2009 9:20:04 AN3) The appearance of the crime scene or 1509 Swann Street generally; 4) The appearance, behavior, or condition of the Defendants; 5) The actions, activities, statements, or appearance of any law enforcement; and ©) Any conclusions or comments regarding what might have occurred at 1509 Swann Street before the arrival of EMS and what may have happened to Mr. Wone. In addition, we request that the Radio Runs be reviewed in their entirety and any Brady material produced therein be produced to the defense. As always, we appreciate your consideration in this matter. Sincerely, David Schertler ce: Court File Bemard Grimm, Esq. Thomas Connolly, ESq. 2 BURGESSM 10/29/2009 9:20.04 ANSUPERIOR COURT OF THE DISTRICT OF COLUMBIA UNITED STATES, v DYLAN M. WARD, JOSEPH R. PRICE, and VICTOR J. ZABORSKY, Defendants, CRIMINAL DIVISION Criminal No. 08-CF1-26996 Criminal No. 08-CF1-27068 Criminal No. 08-CF1-26997 Judge Frederick H. Weisberg Status Hearing — Nov. 6, 2009 NOTICE OF FILING Defendant Dylan Ward, by and through counsel, respectfully requests that the attached discovery letter, dated October 28, 2009, be made a part of the record in this case. October 28, 2009 Respectfully submitted, wy pbdbobr Coo ) David Schertier (DC Bar 367208) Robert Spagnoletti (DC Bar 446462) Schertler & Onorato, LLP 601 Pennsylvania Avenue, NW North Building, 9" Floor Washington, D.C. 20004 Telephone (202) 628-4199 Facsimile (202) 628-4177 ition ny BURGESSH 10/29/2009 920.04 anCERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice, was served, via facsimile and first class mail, postage prepaid, this 28" day of October, 2009, upon: Glenn Kirschner, Esquire TT. Patrick Martin, Esquire Assistant United States Attomey United States Attorney's Office for the District of Columbia 555 Fourth Street, N.W. Washington, D.C. 20001 wid Schertler BURGESSM 10/29/2009 9:20.04 an