DEFENDANT’S REUEST FOR PRESERVATION AND ACCESS TO EVIDENCE

Kohlmetz Steen & Hanrahan PC

741 SW Lincoln Street

Portland, OR 97201

(503) 224-1104

Andrew M. Kohlmetz, OSB #955418

Kohlmetz Steen & Hanrahan PC

741 SW Lincoln Street

Portland, OR 97201

Tel: (503) 224-1104

Fax: (503) 224-9417

Email: andy@kshlawyers.com

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs.

JASON PATRICK,

Defendant

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Case No. 3:16-CR-00051-BR-09

DEFENDANT’S REQUEST FOR 

PRESERVATION OF EVIDENCE AND FOR 

PROVISION OF DEFENSE ACCESS TO 

CRIME SCENES

The defendant hereby requests that the prosecution take all necessary and appropriate 

steps to ensure the in-situ preservation of any and all crime scenes and evidence found therein or 

otherwise located in this matter as well as for making reasonable accommodations for defense 

access to the Malheur National Wildlife Refuge (“MNWR”)and any other crime scene(s) 

pertinent to the Indictment and investigation herein.

The Due Process Clause of the Fifth Amendment requires the federal government to 

disclose to criminal defendants favorable evidence that is material either to guilt or to 

punishment. United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976); 

California v. Trombetta, 467 U.S. 479, 480-81, 104 S. Ct. 2528, 2528-30, 81 L. Ed. 2d 413 

(1984).

Case 3:16-cr-00051-BR Document 140 Filed 02/11/16 Page 1 of 4
DEFENDANT’S REUEST FOR PRESERVATION AND ACCESS TO EVIDENCE

Kohlmetz Steen & Hanrahan PC

741 SW Lincoln Street

Portland, OR 97201

(503) 224-1104

The government has a duty to preserve such evidence and the government's failure to 

preserve potentially exculpatory evidence can amount to a due process violation. Arizona v. 

Youngblood, 488 U.S. 51, 58, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988). U.S. v. Cooper, 983 F.2d 

928, 931 (9th Cir. 1993).

The occupation of the MNWR by dozens of persons, indicted or otherwise, has been 

ongoing now for some 42 days. Multiple individuals and organizations, up until recently had 

been allowed access and to and from the Refuge during the occupation. Assuming that the 

Refuge in large part is part of an active crime scene investigation, it must be assumed that there 

is a great deal of physical and documentary evidence located there. There are 16 individuals 

currently charged with Conspiracy to Impede Officers of the United States. Each of these 

individuals may have both separate and joint interests in the preservation, collection, inspection 

and recordation of items and or documents as they exist in-situ. It is the government’s duty to 

preserve access to this evidence for each and every defendant who so wishes it. The United 

States Supreme Court has long interpreted the Due Process Clause of the Fifth (and Fourteenth) 

Amendments to provide criminal defendants a fair opportunity to test the government’s case 

against them:

Under the Due Process Clause..., criminal prosecutions must comport with 

prevailing notions of fundamental fairness. We have long interpreted this 

standard of fairness to require that criminal defendants be afforded 

a meaningful opportunity to present a complete defense. Trombetta, 

467 U.S. at, 485, 104 S. Ct. at 2532.

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Case 3:16-cr-00051-BR Document 140 Filed 02/11/16 Page 2 of 4
DEFENDANT’S REUEST FOR PRESERVATION AND ACCESS TO EVIDENCE

Kohlmetz Steen & Hanrahan PC

741 SW Lincoln Street

Portland, OR 97201

(503) 224-1104

A meaningful opportunity to present a complete defense in this case includes the preservation of 

all crime scenes and crime scene evidence in a fashion that allows unfettered defense access to 

that evidence as it exists prior to the relase or opening of the crime scene(s).

Respectfully submitted this 11th day of February, 2016.

________________________________ 

Andrew M. Kohlmetz, OSB 955418

Attorney for Defendant Patrick

 Andrew M. Kohlmetz

Case 3:16-cr-00051-BR Document 140 Filed 02/11/16 Page 3 of 4
DEFENDANT’S REUEST FOR PRESERVATION AND ACCESS TO EVIDENCE

Kohlmetz Steen & Hanrahan PC

741 SW Lincoln Street

Portland, OR 97201

(503) 224-1104

Case 3:16-cr-00051-BR Document 140 Filed 02/11/16 Page 4 of 4