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ELIZABETH A. STRANGE

First Assistant United States Attorney

District of Arizona

Wallace H. Kleindienst

AZ State Bar No. 012506

Mary Sue Feldmeier

AZ State Bar No. 030266

Assistant U.S. Attorneys

United States Courthouse

405 W. Congress Street, Suite 4800

Tucson, Arizona 85701

Telephone: 520-620-7300

Email: Wallace.kleindienst@usdoj.gov

Mary.Sue.Feldmeier@usdoj.gov

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

 Plaintiff, 

 vs. 

Lonnie Ray Swartz,

 Defendant.

CR 15-01723-TUC-RCC(DTF)

GOVERNMENT’S SUPPLEMENT TO THE 

RECORD REGARDING GOVERNMENT’S 

RESPONSE TO MOTION FOR SANCTIONS 

(BRADY VIOLATION) AND MOTION TO 

RECUSE

(CORRECTED)

COMES NOW the United States of America, by and through its undersigned 

counsel, and hereby respectfully supplements the record regarding the Government’s 

Response to Motion for Sanctions (Brady Violation) and Motion to Recuse [Doc. 251], as 

follows.

1. The Defendant filed a Motion for Sanctions (Brady Violation) and Motion to

Recuse the United States Attorney’s Office for the District of Arizona (Motion) on 

September 11, 2017. [Doc. 239.] The main premise of Defendant’s Motion was that the 

government committed a Brady violation by not disclosing, until August 16, 2017, notes 

from AUSA Karen Rolley taken during a meeting in Nogales, Arizona on August 19, 2014,

with the Mexican Pathologists, who performed the autopsy of J.A.E.R. Defendant claimed 

that it was only in the disclosure of those notes that he learned for the first time that the 

pathologists opined that the fatal head wound was the first wound sustained by J.A.E.R.
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2. The government filed its Response to that Motion for Sanctions (Brady

Violation) and Motion to Recuse (Response) on September 22, 2017. [Doc. 251.]

3. The Court issued an Order on January 23, 2018, denying defendant’s Motion 

but indicated that it was troubled by the delay in the disclosure of the pathologists’ 

opinions. [Doc. 276.]

4. When the government filed its Response, we inadvertently overlooked the 

fact that disclosure of that opinion had been made much earlier to the defense then claimed 

in their Motion.

5. By disclosure dated December 29, 2015, less than five months after the 

Indictment, the Government provided defense counsel with a document identified as Bates 

Numbered 6323. (See, Exhibit A, 12/29/15 letter from AUSA Wallace H. Kleindienst to 

Sean Christopher Chapman, Esq.)

6. Document Bates Numbered 6323 is a three page FBI Electronic 

Communication Memo dated September 17, 2014, entitled “Case Status Meeting with 

DHS-OIG on 09/11/2014.” That Memo is a summary of a conversation between FBI 

Agents Elizabeth Carroll, Tyler Evenson, and DHS-OIG Agent Sarah Arrasmith, wherein 

Agent Arrasmith recounts the August 19, 2014, meeting with the Mexican officials in 

Nogales, Sonora. Page three (3) of the FBI Memo contains the following statement by 

Agent Arrasmith: “Based on their investigation to date, Mexican officials believe that the 

first round fired by SWARTZ killed RODRIGUEZ.” (Bates No. 6325.) A redacted copy of 

the Memo containing this excerpt is attached hereto as Exhibit B. This disclosure came 

more than a year and half before the disclosure of AUSA Rolley’s notes.

Respectfully submitted on this 8th day of February, 2018.

ELIZABETH A. STRANGE

First Assistant United States Attorney

District of Arizona

s/ Wallace H. Kleindienst

Wallace H. Kleindienst

Assistant U.S. Attorney
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Copy of the foregoing served electronically or by

other means on this 8th day of February, 2018, to:

Sean C. Chapman, Esq.

Jim Calle, Esq.
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U.S. v. Lonnie R. Swartz

Government’s Supplement To Government’s Response To Motion For Sanctions (Brady Violation) And Motion To Recuse

EXHIBIT “A”
Direct Dial 520-620-7578 

Wallace.kleindienst@usdoj.gov 

Sean Christopher Chapman, Esq. 

LAW OFFICE OF SEAN C CHAPMAN PC 

100 North Stone Ave., Ste. 701 

Tucson, AZ 85701 

Re: US. v. Lonnie Swartz 

U.S. Department of Justice 

United States Attorney 

District of Arizona 

Eva A. DeConcini Federal Courthouse 

405 West Congress Street, Suite 4800 (520) 620-7300 

Tucson, Arizona 85701 

December 29, 2015 

CR 15-01723-TUC-RCC (DTF) 

First Supplemental Disclosure 

Dear Sean: 

Enclosed is the Government's First Supplemental Disclosure under its continuing duty of 

disclosure pursuant to Fed. R. Crim. P. 16(c) regarding the referenced matter. As with the initial 

disclosure, the enclosed supplemental materials are subject to the protective order entered by the 

Court (Docs. 11-12). The First Supplemental Disclosure materials are contained in seven (7) 

disks, and identified as follows: 

Four ( 4) disks of documents identified by the following Bates Numbers: 

• Bates Nos. 5038-5543 

• Bates Nos. 5544-6095 

• Bates Nos. 6096-6660 

• Bates Nos. 6661-6670 

Additional three (3) disks identified as follows: 

• Dispatch Recording 10/10/12 (Marco Gonzalez) 

• Documents/Photographs Provided by PGR on November 13, 2014 

• 07 /17 /13 Nogales Sonora Photographs 

Please feel free to contact me should you have any questions. 

Very truly yours, 

~~~ Assistant U.S. Attorney 

/rap 

Enclosures 
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U.S. v. Lonnie R. Swartz

Government’s Supplement To Government’s Response To Motion For Sanctions (Brady Violation) And Motion To Recuse

EXHIBIT “B”
Sean C. Chapman, Esq. 

Gov's Supp Discl.

6323

From: PHOENIX 

Contact: Elizabeth Goodman Carroll, 

Approved By: SSA BROWN JAMES D III 

Drafted By: Elizabeth Goodman Carroll 

EVENSON TYLER KRISTIAN 

Case ID#: (U) LONNIE SWARTZ, UNITED STATES BORDER 

PATROL AGENT-SUBJECT; 

JOSE ANTONIO ELENA RODRIGUEZ-VICTIM, 

NOGALES, SONORA MEXICO; 

COLOR OF LAW-FORCE AND/OR VIOLENCE; 

SENSITIVE INVESTIGATIVE MATTER SENSITIVE INVESTIGATIVE MATTER 

Synopsis: (U) To submit to the case file a summary of case status 

meeting with DHS-OIG on 09/11/2014. 

Full Investigation Initiated: 10/17/2012 

Enclosure(s): Enclosed are the following items: 

1. (U) Notes 

Details: 

On 09/11/2014, Special Agent (SA) Elizabeth Carroll and SA Tyler 

Evenson met with Department of Homeland Security (OHS) Office of 

Inspector General (OIG) Supervisory Special Agent (SSA) Sarah Arrasmith 

at the FBI Tucson Resident Agency (RA), 

Tucson, AZ 85745. SSA Arrasmith provided the following information 

regarding the status of captioned investigation: 

In August of 2014, SSA Arrasmith traveled to Mex i c o with Assistant 

United States Attorney (AUSA) Karen Rolley and AUSA Wallace Kleindienst 

UNCLASSIFIED 
Sean C. Chapman, Esq. 

Gov's Supp Discl.

6324

of the investigation. Various investigative techniques were performed 

at the site of RODRIGUEZ' death, to include a 3-D scan of the location, 

measurements, and swabs to detect lead. The aforementioned 

investigative techniques will be used by the United States Attorney's 

Office (USAO) in an attempt to reconstruct the scene on the night 

RODRIGUEZ died. 

UNCLASSIFIED 

2 
Sean C. Chapman, Esq. 

Gov's Supp Discl.

6325

fired by SWARTZ killed 

•• 

UNCLASSIFIED 

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