UNITED STATED DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,

Plaintiff,

vs. No. 13-CR-1877 WJ

JAMIE ESTRADA,

Defendant.


DEFENDANT JAMIE ESTRADAS NOTICE OF DISCOVERY REQUESTS
PURSUANT TO BRADY V. MARYLAND, 373 U.S. 83 (1963), AND ITS PROGENY

In accordance with the Courts discovery order (Doc. 7, 6) and United States v. Agurs,
427 U.S. 97 (1976), Defendant Jamie Estrada notifies the Court that he has requested that the
government produce the following discovery, as required by Brady v. Maryland, 373 U.S. 83
(1963) and its progeny, including Kyles v. Whitley, 514 U.S. 419 (1995), and Giglio v. United
States, 405 U.S. 150 (1972):
All documents and information (in whatever form) that would tend to
exculpate Mr. Estrada with respect to the charges in the indictment, or that would
tend to reduce any sentence that might be imposed. Because this includes all
informationwhether or not it has been reduced to writingresponding to the
request entails inquiring of all government personnel who might have knowledge of
Brady/Giglio/Kyles information. Specifically, please produce:

1. All documents or information tending to establish that any of the
allegations in the indictment are not true.

2. All documents or information (in whatever form) responsive to the
requests set forth below under the heading material to the preparation of the
defense;

3. All documents or information (in whatever form) that may be used to
impeach any potential prosecution witness,
1
including:

(a) all documents or information (in whatever form) relating to any

1
As used in this paragraph, the term "prosecution witness" includes both witnesses whom the prosecution intends to
call to the witness stand and declarants whose out-of-court statements the prosecution intends to present as non-
hearsay or pursuant to a hearsay exception. See Fed. R. Evid. 806.
Case l:l3-cr-0l877-WJ Document l8 Filed 09/30/l3 Page l of l0
2
conviction or arrest of any potential prosecution witness, including any juvenile
adjudication or arrest;

(b) all documents or information (in whatever form) relating to promises,
consideration, or inducements made to any potential prosecution witness, whether
directly to the witness or indirectly to the witness' attorney, friends, family, or
business associates. "Consideration" means anything of value or use, including
without limitation immunity grants, whether formal or informal, witness fees,
transportation assistance, money, or assurance of favorable treatment with respect to
any criminal, civil, or administrative matter;

(c) all documents or information (in whatever form) relating to
inconsistencies in statements or testimony given by any potential prosecution witness;

(d) all documents or information (in whatever form) relating to any
polygraph examination administered to any potential prosecution witness;

(e) all documents or information (in whatever form) that would tend to
impeach the credibility of Governor Martinez, Pat Rogers, Jay McCleskey, David
Hiss, Kim Ronquillo, Crystal Amaya, Nicole Rodgers, Dave Sepich, and any other
potential prosecution witness, including without limitation:

i. documents or information suggesting that the public statements
of McCleskey and Martinez denying the existence of a federal investigation regarding
the award of the lease for the Albuquerque Downs Racino are not true;

ii. documents or information suggesting that the public statements
of McCleskey and Martinez disclaiming knowledge of a federal investigation
regarding the award of the lease for the Albuquerque Downs Racino are not true;

iii. documents or information suggesting that McCleskeys public
statement that Mr. Estrada was an unpaid volunteer campaign manager for
Martinez is not true;

iv. documents or information suggesting that the public statements
of Martinez and McCleskey that the Martinez campaign fired Mr. Estrada are not
true;

v. documents or information suggesting that the public statements
of Martinez and McCleskey that Mr. Estrada engaged in improper conduct while
working for the Martinez campaign are not true; and

vi. documents or information suggesting that Martinez public
statement that she believed that Mr. Estrada had a suspect character at the time Mr.
Estrada worked for the Martinez campaign is not true.

(f) all documents or information (in whatever form) bearing adversely on
the character or reputation for truthfulness of any potential prosecution witness;
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(g) all documents or information (in whatever form) relating to any
psychological or psychiatric treatment or condition of any potential prosecution
witness that could affect the witness memory, perception, veracity, or credibility;

(h) all documents or information (in whatever form) relating to any drug
or alcohol use by Governor Martinez, Pat Rogers, Jay McCleskey, David Hiss, Kim
Ronquillo, Crystal Amaya, Nicole Rodgers, Dave Sepich or any other potential
prosecution witness that could affect the witness' memory, perception, veracity, or
credibility;

(i) all documents or information (in whatever form) relating to any
physical or organic condition of Governor Martinez, Pat Rogers, Jay McCleskey or
any potential prosecution witness that could affect the witness' memory, perception,
veracity, or credibility;

(j) each specific instance of conduct from which it could be inferred that
any potential prosecution witness is untruthful; and

(k) the grand jury testimony of each prosecution witness.

Documents material to the preparation of the defense

1. all emails sent to addresses at the domain name susana2010.com
between July 19, 2011, and June 15, 2012;

2. all correspondence sent by or sent to those working on behalf
of Susana Martinez regarding the domain name
susana2010.com from June 1, 2010, to the present;

3. all bounce-back messages generated upon or after the July
2011 expiration of the registration of susana2010.com;

4. all correspondence allegedly sent to Mr. Estrada and others
regarding whether he would receive compensation for
his work on behalf of Susana Martinez gubernatorial
campaign;

5. all correspondence regarding Mr. Estradas departure from
Susana Martinez gubernatorial campaign, including (without
limitation) all documents that indicate whether Martinez claim
that she fired Mr. Estrada is true or false;

6. all correspondence allegedly sent to and received from Mr.
Estrada and others regarding the July 2011 expiration of the
registration of susana2010.com;

7. all correspondence allegedly sent to and received from Mr.
Case l:l3-cr-0l877-WJ Document l8 Filed 09/30/l3 Page 3 of l0
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Estrada and others regarding the domain susana2010.com in
in June and July of 2010;

8. all correspondence allegedly sent to and received from Mr.
Estrada and others regarding efforts to obtain the username and
password for susana2010.com and the name of the original
registrant for susana2010.com, in July of 2011;

9. all correspondence allegedly sent to and received from Mr.
Estrada and others regarding efforts to obtain the username and
password for susana2010.com and the name of the original
registrant for susana2010.com, in June and July of
2010;

10. all correspondence sent to and sent by employees of the
Office of the Governor of the State of New Mexico (OGSNM)
regarding the 2011 expiration and reregistration of susana2010.com;

11. all correspondence sent to and sent by those working
on behalf of Susana Martinez for Governor
regarding susana2010.com, including (without limitation)
correspondence received by or sent by Adam Deguire, Matt
Kennicott, and Susana Martinez;

12. all correspondence regarding efforts by OGSNM staff and
those affiliated with Martinez campaign to locate or recall the
username, password, and original registrant of
susana2010.com, including (without limitation) the efforts
described in paragraph 10 of the indictment;

13. all correspondence regarding the original registration of
susana2010.com by David Hiss and his alleged donation of the
domain to Martinez gubernatorial campaign;

14. all correspondence sent to and by OGSNM staff and those
affiliated with Martinez gubernatorial campaign and political
staff regarding the use of private email accounts for state
business;

15. all correspondence sent to and by OGSNM staff, those
affiliated with Martinez gubernatorial campaign, and
Martinez political staff and consultants regarding the award of
the lease for the Albuquerque Downs Racino in 2011;

16. all correspondence sent to and by OGSNM staff, those
affiliated with Martinez gubernatorial campaign, and
Martinez political staff and consultants regarding the use of
Public Education Department staff to gather information about
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whether New Mexicos public school teachers were union
members;

17. all correspondence sent to and by OGSNM staff, those
affiliated with Martinez gubernatorial campaign, and
Martinez political staff and consultants regarding efforts to
alert all potential contacts of the shift from the use of email
addresses associated with susana2010.com to the use of email
addresses associated with susanapac.com;

18. all correspondence generated during or as a result of the
investigation conducted by Martinez, Jay McCleskey, Pat
Rogers and all persons working with them or on their behalf
regarding the 2011 reregistration of susana2010.com
and the public disclosure of emails sent to addresses
at susana2010.com;

19. all correspondence between David Hiss and GoDaddy
regarding susana2010.com;

20. the email described in paragraph 9 of the affidavit submitted in
support of the search warrant for Mr. Estradas home (only an unsent
draft has been produced to date);

21. all correspondence regarding susana2010.com and the
investigation and prosecution of Mr. Estrada sent to or received
by the Office of the United States Attorney for the District of
New Mexico, the FBI, OGSNM, Rogers, Martinez,
McCleskey, and all lawyers, agents, employees, and
consultants of Martinez and the OGSNM.

22. all written or recorded statements of every informant and witness from
whom the government obtained information during the investigation of
this case;

23. all documents pertaining to the registration, reregistration, and
expiration of susana2010.com throughout its existence;

24. all documents regarding media coverage of the public disclosures of
emails sent to addresses at susana2010.com;

25. all documents regarding possible illegal or improper conduct by
Governor Martinez, Pat Rogers, Jay McCleskey, or others in
connection with the award of the lease for the Albuquerque Downs
Racino in 2011;

26. all documents regarding possible violations of campaign finance laws
committed by Governor Martinez and members of her
Case l:l3-cr-0l877-WJ Document l8 Filed 09/30/l3 Page 5 of l0
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gubernatorial campaign;

27. all documents regarding possible illegal or improper conduct by
Martinez and members of her gubernatorial campaign regarding the
use of state resources for political purposes, including (without
limitation) use of state-owned vehicles, state-owned computers, and
state employees for political purposes;

28. all documents containing information about the ownership of
susana2010.com throughout its existence;

29. all documents containing information about who possessed the
GoDaddy password and username for susana2010.com throughout its
existence;

30. all documents containing information about GoDaddys efforts to
notify the registrant for susana2010.com of the expiration of the
registration of the domain, regardless of the timing of those efforts;

31. all documents containing information about GoDaddys statements
regarding the steps necessary to reregister susana2010.com, regardless
of the timing of those statements;

32. all documents containing information about GoDaddys statements
regarding the consequences of the expiration of and failure to
reregister susana2010.com, regardless of the timing of those
statements;

33. all documents containing information about GoDaddys statements
regarding the events that would occur following the expiration of and
failure to reregister susana2010.com, regardless of the timing of those
statements;

34. all documents containing information about whether the alleged
victims identified either by name or initials in counts 1-12 of the
indictment had any reason to believe that:

(a) susana2010.com was going to expire or had expired in July of
2011;

(b) Mr. Estrada possessed the username and password for
susana2010.com;

(c) any person who possessed the username and password could
reregister and control susana2010.com;

(d) susana2010.com would go up for auction at any point in time
after its expiration; and
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(e) susana2010.com would become available to any member of the
public at any point in time after the domain expired.

35. all documents containing information about whether Martinez,
McCleskey, Pat Rogers, Adam Deguire, Matt Kennicott, David
Hiss, employees or agents of Yumasol, Kim Ronquillo, Nicole
Rodgers, Dave Sepich or any other members of Martinez political or
government staff had any reason to believe that:

(a) susana2010.com was going to expire or had expired in July of
2011;

(b) Mr. Estrada possessed the username and password for
susana2010.com;

(c) any person who possessed the username and password could
reregister and control susana2010.com;

(d) susana2010.com would go up for auction at any point in time
after its expiration; and

(e) susana2010.com would become available to any member of the
public at any point in time after the domain expired.

36. all documents containing information about the concerns, beliefs,
opinions, and predictions of Martinez, McCleskey, Rogers, Deguire,
Kennicott, members of the staff of OGSNM, agents of the OGSNM,
and members of Martinez campaign and political staff about the
potential and actual public reaction to and political consequences of
the public disclosure of any email addressed to any address at
susana2010.com;

37. all documents containing information about the efforts of members of
Martinez staff to reregister susana2010.com in July of 2011, as
described in paragraph 11 of the affidavit submitted in support of the
application for a search warrant for the home of Mr. Estrada;

38. all documents containing information supporting or raising questions
regarding the claim----made in paragraph 11 of the affidavit submitted
in support of the application for a search warrant for the home of Mr.
Estrada---that no one on the staff [of Martinez] had access to the
[GoDaddy] username and password associated with
[susana2010.com];

39. all documents containing information supporting or raising questions
regarding the claim----made in paragraph 11 of the affidavit submitted
in support of the application for a search warrant for the home of Mr.
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Estrada---that GoDaddy does not permit anyone to re-register a
domain without the username and password or proof that you are the
original registrar, to prevent hijacking of a domain name;

40. all documents containing information about the actions of David
Hiss and GoDaddy, as described generally in paragraph 17 of the
affidavit submitted in support of the application for a search warrant
for the home of Mr. Estrada;

41. all documents containing information supporting or raising questions
regarding the claim----made in paragraph 12 of the affidavit submitted
in support of the application for a search warrant for the home of Mr.
Estrada---that neither Governor Martinez nor the members of her
staff could recall who registered the domain originally;

42. all documents containing information supporting or raising questions
regarding the claim----made in paragraph 17 of the affidavit submitted
in support of the application for a search warrant for the home of Mr.
Estrada---that someone had fraudulently used [David Hiss]
credentials to re-register [susana2010.com] within the 42 day grace
period;

43. all documents generated during the investigation of the reregistration
of susana2010.com that was conducted by Martinez, McCleskey, and
any persons working with them or on their behalf, as described generally in
paragraph 18 of the affidavit submitted in support of the application
for a search warrant for the home of Mr. Estrada;

44. all documents containing information about the policies and
procedures of GoDaddy as to the registration, expiration, and
reregistration of domain names during the time period of July 1, 2009
through December 31, 2012;

45. all documents containing information about whether Martinez,
McCleskey, Rogers, Deguire, Kennicott, members of the staff of
OGSNM, agents of the OGSNM, or members of Martinez campaign
staff or political staff changed or made any efforts to change the
GoDaddy username and password at any point in time;

46. all documents containing information that indicates why Martinez,
McCleskey, Deguire, Kennicott, members of the staff of
OGSNM, agents of the OGSNM, or members of Martinez campaign
staff or political staff were unable to locate or recall the
GoDaddy username and password for susana2010.com or the name of
the original registrant, David Hiss, on or before July of 2011, as
alleged in paragraph 10 of the indictment;

47. all documents containing information about efforts by
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Martinez, McCleskey, Rogers, Deguire, Kennicott, members of the
staff of OGSNM, agents of the OGSNM, or members of Martinez
campaign staff or political staff to locate or recall the GoDaddy
username and password for susana2010.com or the name of the
original registrant at any time;

48. all documents containing information about how Martinez,
McCleskey, Deguire, Kennicott, members of the staff of OGSNM,
agents of the OGSNM, or members of Martinez campaign staff or
political staff eventually obtained the name of the original registrant of
susana2010.com; and

49. all documents containing information about Martinez and her political
staff using state employees---including but not limited to employees of
the Third Judicial District Attorney---to maintain, manage, or
otherwise use the domain susana2010.com.

Mr. Estrada reserves the right to supplement these requests as the parties continue to
prepare for motion practice and trial.

Respectfully submitted,


s/ Zachary A. Ives
Zachary A. Ives
zach@ginlawfirm.com
Mary (Molly) Schmidt-Nowara
molly@ginlawfirm.com
GARCIA IVES NOWARA
201 Third Street NW, Suite 480
Albuquerque, NM 87102
phone 505.899.1030
fax 505.890.1051

Case l:l3-cr-0l877-WJ Document l8 Filed 09/30/l3 Page 9 of l0
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CERTIFICATE OF SERVICE

I hereby certify that on September 30, 2013, I filed the foregoing document electronically
through the CM/ECF system, which caused all counsel of record to be served by electronic
means, as more fully reflected in the Notice of Electronic Filing.

s/ Zachary A. Ives
Zachary A. Ives
Case l:l3-cr-0l877-WJ Document l8 Filed 09/30/l3 Page l0 of l0