The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
STIPULATION AND [PROPOSED] ORDER TO PRODUCE METHAMPHETAMINE SAMPLE TO DEFENSE EXPERT FOR RETESTING PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 16(a)(1)(E)
Plaintiff, United States of America, by its counsel, Assistant United States Attorney Jason Hitt, and defendant Gradie COWENS, by his counsel William Daley, hereby stipulate and agree to the following:
A. The government will produce the following Exhibit: Exhibit Number DEA Laboratory Number 11 7142409 as reported in DEA FORM-7, Report of Drug Property Collected, Purchased, or Seized, DEA Case No. R7-07-0046, dated September 7, 2007, for qualitative analysis and identification of the controlled substance by an expert for the defendant;
B. Pursuant Rule 16(a)(1)(E) of the Federal Rules of Criminal Procedure, the government shall allow the defense to independently inspect and analyze a representative sample from the above-listed drug exhibit;
C. A Drug Enforcement Administration ("DEA") Special Agent or Task Force Officer shall deliver the drug exhibit identified above to Judith Stewart, Senior Forensic Toxicologist, DEA License No. RF0193778, of the Forensic Analytical Science, Inc., located at3777 Depot Road 409, Hayward, California 94545-2761, Telephone No. (510) 266-8100. The DEA San Francisco Laboratory shall arrange the delivery of said representative sample(s) on or before January 20, 2009, to the DEA Special Agent or Task Force Officer for delivery to Judith Stewart, of the Forensic Analytical Science, Inc.;
D. Upon delivery of the above-listed drug exhibit to the defense expert, a DEA Special Agent or Task Force Officer shall be present when the defense expert inspects, weighs, and removes a representative sample of the above-listed drug exhibit for analysis. The representative sample shall be in the amount of 500 mg or not more than one-half (1/2) the current reserve weight, if less than 1 gram presently remains as the reserve weight, from the above-described exhibit. The weight of each representative sample taken shall be documented and signed by the defense expert and provided to the DEA Special Agent or Task Force Officer in attendance. Upon the completion of the sample removal and weighing, the defense expert shall, forthwith, return the remaining above-listed drug exhibit to the DEA Agent and Task Force Officer in attendance;
E. The defense expert shall conduct the qualitative analyses and identification agreed to in this stipulation, and shall provide the Government with an unsworn Declaration under penalty of Perjury pursuant to 28 U.S.C. § 1746, executed by the individual who conducted the analyses, or the head of the facility where the analyses occurred, which states the quantity of each exhibit consumed during testing, and either the weight of each exhibit returned to the Government, or a statement that all sample was consumed during testing;
F. All remaining material of the sample, after testing, is to be returned by Judith Stewart to the DEA San Francisco Laboratory by registered U.S. mail, return receipt requested, or approved commercial carrier, within five (5) business days after the completion of analyses;
G. Pursuant to Rule 16(b)(1)(B) of the Federal Rules of Criminal Procedure, the defendant shall provide the Government with a copy of the results or report of the physical examinations and scientific tests or experiments which resulted from the analyses conducted pursuant to this stipulation; and
H. Defendant's expert, Judith Stewart, is to safeguard the representative sample received, preserving the chain of custody in a manner to faithfully protect the integrity of the exhibit received.
McGREGOR W. SCOTT United States Attorney
JASON HITT Assistant U.S. ...