This website has been launch to provide proof, the evidence, that proves the government rigged Willie Boyd's trial.  And to show to what lengths the government used to orchestrate the cover-up of prosecutorial misconduct, and law enforcement corruption.

   After U.S. District Court Judge Steven Limbaugh, found Mr. Boyd guilty, based on circumstantial evidence, due to false testimony of law enforcement, and sentenced him to an unjust sentence of 23-years in prison. See: www.rigggedsystem.com.

   Mr. Boyd setout to prove through litigation, that the government's testifying witness's DUSM Luke Adler, rogue former St. Louis Police Officer Bobby Garrett and  Deputized DUSM Police Officer Joseph Kuster, were not credible witnesses, and that they had been committing perjury, and to find evidence of their personal bias.  And to find evidence in the government's possession on how it used rogue informant Bryant Troupe, and evidence to support the fact, that the government knew the 9mm firearm and the 33-grams of cocaine, was the property of Bryant Troupe.  Mr. Boyd provides a detailed timeline on how the assigned case agent ATF Agent James Green, got caught hiding 1,188-pages of investigative documents from his trial, and the two-April 15, 1998 discovery letters that shows the government provided undisclosed payments to rogue informant Bryant Troupe.  These payments to Bryant Troupe was documented as $2,953.90.

   Mr. Boyd not only found evidence to prove he was framed, but also that federal prosecutors from St. Louis, Missouri, to Washington, D.C., were involved in a cover-up to conceal wrongdoing and illegal activity.

I).  DISCOVERY MATERIALS THE GOVERNMENT DISCLOSED BEFORE TRIAL, AND MOTIONS FILED BY DEFENSE COUNSEL CARL EPSTEIN PURSUING THE FULL DISCLOSURE OF THE DISCOVERY MATERIALS, AND THE GOVERNMENT'S RESPONSE MOTIONS IN OPPOSITION.

   To fully understand what evidence was suppressed, and how the newly discovered evidence was material to a fair trial.  One would have to know what the federal prosecutors disclosed as discovery materials, and what evidence in the government's possession they failed to provide as discovery.  As you read the material you will be convinced that Mr. Boyd did not receive a fair trial.

DISCOVERY MATTERS DURING THE CRIMINAL PROCEEDINGS, PRIOR TO MR. BOYD'S TRIAL

1.  On August 20, 1997 while being represented by Federal Public Defender Ms. Ilene Goldman, AUSA Gary Gaertner, provided her with a discovery letter that revealed that a confidential informant was involved in the case.  AUSA Gaertner went on to state, that the government would provide Jencks materials no later than Friday proceeding trial, conditioned upon Defendant's agreement to make available statements of defendant's witnesses at the same time, that Grand Jury transcripts would be made available, that Government provided as favorable evidence the Grand Jury testimony of Sharron Troupe and Muhammad Mateen.  The Government agreed to provide all relevant Rule 16, discovery materials.  See: Appendix-A.

2.  On  November 10, 1997 AUSA Gary Gaertner provided discovery materials, a copy of a May 13, 1997 telephone conversation between Sharron Troupe, Muhammad Mateen and Willie Boyd, the Grand Jury testimony of Sharron Troupe/Muhammad Mateen of May 14, 1997, and Sharron Troupe's Grand Jury testimony of June 11, 1997, trace documents on the 9mm firearm, the Government agreed once again to turn over its Jencks material at 4:00 p.m. on Friday, November 28, 1997, contingent on the defendant turning over Jencks material at the time of trial, and the  government would present St. Louis Police Officer Thomas A. Schulze, as a latent fingerprint expert.  See: Appendix-B.

3.  On November 14, 1997 AUSA Gary Gaertner, provided discovery materials of currency reporting documents from the state of Illinois, which subsequently became Counts 5-7, in an amended indictment in December of 1997.  See: Appendix-C.

4. On November 18, 1997 retained Counsel Carl Epstein, of Indianapolis, Indiana, sent AUSA Gary Gaertner, an informal discovery request, requesting Rule 16 discovery materials, Brady materials, and a request for pretrial production of Jencks Act materials within a reasonable time to the day of a witness's direct examination.  If you produce pretrial Jencks Act materials, the Defendant will reciprocate in kind.  See: Appendix-D.

5.  On November 25, 1997 AUSA Gary Gaertner filed a response to the informal request of November  18, 1997, stating, that the Government has complied with all discovery in the case, has provided all Rule 16 materials as of November 10, 1997, and that the Government continues to investigate Mr. Boyd and will turn over any further Rule 16 material when and if it is discovered. The Government has complied with Brady and will continue to comply with this Rule. The Government turned over Grand Jury material of Troupe and Mateen on November 10, 1997, all Rule 16 discovery will be turned over immediately upon discovery, and I assume that you will abide by Rule 16 discovery and Jencks, and that the Government is calling Sgt. Brian Gilmore of the St. Louis Police Department, as an Narcotic expert, that the 33-grams of cocaine was for distribution sake.  See: Appendix-E.

6.  On December 8, 1997 AUSA Gary Gaertner, hand-delivered to co-counsel Frank Fabbri, a copy of the St. Louis Police Report, # 95164930, Lab sheet 511125, the registration sheet for Mr. Jackson from 11-7-95, and the Government plans to use the crack discovered on the floor and the money in Boyd's pocket as 404(b) evidence.  See: Appendix-F, (Copy of the St. Louis Police Report, dated November 7, 1995).

7.  On December 22, 1997 Counsel Epstein filed a motion to Compel Inspection and Discovery, for Rule 16 discovery, Jencks materials, Brady materials, and documents on Bryant Troupe.  See: Appendix-G.

8.  On January 13, 1998 AUSA Gary Gaertner filed a response to the Motion to Compel Inspection and Discovery, that it has complied with Rule 16, discovery, and Brady and will continue to do so, that Jencks materials will be produced the Friday prior to trial which is contingent on the defense turning over their Jencks material, and that materials on Bryant Troupe, should be denied.  See: Appendix-H.

9.  On January 13, 1997 Counsel Carl Epstein filed a Motion to Compel Disclosure of Identity of all Informants and to Produce said Informants and each of them, because DUSM Luke Adler, had gave testimony at the Evidentiary hearing of October  6, 1997 that an "Confidential Informant", was involved in the arrest of Willie Boyd, concerning the arrest of February  1, 1997.  See: Appendix-I.

10.  On January 13, 1997 Counsel Carl Epstein filed a motion, "Defendant's Combined Motion for Further Suppression of Evidence and For Full Disclosure of Informant's Identity with Respect to November 7, 1995, requesting the information and documents on the alleged informant used to provide information concerning the Cole's Motel.  See: Appendix-J.

11.  On January 30, 1997 AUSA Gary Gaertner, stood before the Court at the evidentiary hearing and stated when questioned about providing the Discovery materials, "I've turned over all the Police Reports' and  'I've given him all Weapon's Reports.  I've satisfied all Rule 16, and I've gone beyond giving any information."  See: Appendix-K, pp. 75-77.

12.  On February 18, 1998 Counsel Carl Epstein filed a Memorandum in Support of Request for Disclosure of Grand Jury minutes and Proceedings, concluding in the request, "the District Court should order production of the relevant grant jury testimony of Bryant Troupe and all other government witnesses who will be called to testify at trial.  See: Appendix-L.

13.  On March 30, 1998 Magistrate Judge Mary Ann Medler, issued her Order and Report and Recommendation, denying all the defendant Mr. Boyd's motion request for production of records and documents and information of Bryant Troupe and all government informants.  See: Appendix-M.

14.  On April 7, 1998 Counsel Carl Epstein filed "Defendant Boyd's Objections to Magistrate's Report and Recommendations with Findings Therein", based on the fact the government had not provided the discovery materials concerning the events of February 1, 1997 and November 6, 1995, nor provided Grand Jury materials on its testifying witnesses, or provide any informant on its alleged informants.  See: Appendix-N.

15.  On April 9, 1998 Counsel Carl Epstein, hand-delivered to AUSA Gary Gaertner, his Jencks Act materials, that consisted of the statements of interviews of Sharron Troupe, Muhammad Mateen, Eric Cole, Albert Greer, Mary DeArmon, Jacqueline Boyd, Alonzo Wrickerson, Devon Wade, Sherita Evans, Larry Hassell, Jan Davis, Gerald Boyd, April Morrow, Jennifer Orr, and the Manager of the Econome Inn.  See: Appendix-O.

16.  On April 13, 1998 Judge Steven Limbaugh, denied in open Court, Mr. Epstein's request for a continuance, and made a ruling denying the discovery requests, stating, "All of the materials to which the defendant is entitled have been provided him."  The Judge Limbaugh's ruling came on AUSA Gary Gaertner's admission that he had received Mr. Boyd's Jencks material.  See: Appendix-P, (Trial Transcript, Vol. I, pp. 23-25).

   AUSA Gary Gaertner, did not live up to his discovery promise to provide his Jencks Act materials on his testifying witnesses, even though he had went on record in open Court that, he had received Mr. Boyd's Jencks materials from Mr. Epstein.

   Mr. Boyd proceeded to trial, electing to have a bench trial in front of Judge Steven Limbaugh, who found Mr. Boyd guilty, finding the law enforcement officer's testimony more credible, than Mr. Boyd's witness's testimony.

II).  IN ORDER TO PROVE THAT THE GOVERNMENT RIGGED MR. BOYD'S TRIAL, MR. BOYD KNEW HE HAD TO FIND EVIDENCE THAT WOULD EXPOSE THE FACT THAT THE GOVERNMENT WAS SUBORNING PERJURY, AND LETTING FALSE TESTIMONY GO UNCORRECTED, AND TO FIND FAVORABLE EVIDENCE IN THE GOVERNMENT'S POSSESSION ON ROGUE POLICE OFFICER BOBBY GARRETT, DUSM LUKE ADLER, AND ROGUE INFORMANT BRYANT TROUPE.

   Several months after Mr. Boyd was sentenced to 23-years in federal prison.  Mr. Boyd launched a crusade to find evidence in the Government's possession to prove that crooked actors, such as AUSA Gary Gaertner, ATF Agent James Green, DUSM Luke Adler, Deputized DUSM Joseph Kuster, Rogue St. Louis Police Officer Bobby Garrett, Rogue Informant Bryant Troupe, and the St. Louis Mobile Reserve Police Officers, had conspired to frame him, and had committed misconduct and illegal acts to carryout the conspiracy to get him.

  (a).  Mr. Boyd filed a civil rights lawsuit on behalf of Mary E. DeArmon (Mother); Stanley Boyd (Brother); and Albert Greer (Cousin), because of the illegal search and seizure of personal property stolen from 1435 E. DeSoto, St. Louis, Missouri, on June 3, 1997, which included $3,500 in cash.  During the course of this litigation it became apparent, that rogue informant Bryant Troupe had been used by AUSA Gary Gaertner, ATF Agent James Green, DUSM Luke Adler, and Mobile Reserve Police Officers, in a covert operation to provide false probable cause to search and seize property from 1435 E. DeSoto to prejudice to Grand Jury  investigating Willie Boyd for prosecution.  

   The facts are, that the search was executed on the pretense that, two-unknown black males were selling cocaine and heroin from the DeSoto location for Willie Boyd.  At this time Willie Boyd had been held in federal custody for four-months.

  (b).  Mr. Boyd subsequently filed several FOIA-lawsuits against various federal agencies, in conjunction to the nondisclosure of investigative documents in their files, and for the undisclosed records in its files on Bryant Troupe, in light of the fact that Sharron Troupe had went before the Grand Jury and testified that, Bryant Troupe told her he had the gun because he was an undercover informant for the government.

   Mr. Boyd will provide a timeline of how he was able through due diligence to force the government to reveal hidden investigative documents, that exposed the government's conspiracy to get him.

BYRON MILLER PROVIDED A DISCOVERY DOCUMENT TO MR BOYD, REVEALING BRYANT TROUPE TO BE A ROGUE INFORMANT

  (c).  After Mr. Boyd's trial he was provided a copy of a discovery disclosure letter on Bryant Troupe, dated February 21, 1997 from Byron J. Miller (cousin of Bryant Troupe).  This discovery letter on Bryant Troupe was released in the case United States v.Miller and Kerr, 4:96CR365(CDP), by AUSA Antoinette Decker, as possible Brady/Jencks materials.  This discovery letter revealed that Bryant Troupe had been working as a paid informant for the FBI, DEA and local state agencies dating back to 1983 to 1997.  See: Appendix-Q.

   This two-page discovery letter on Bryant Troupse, identified Troupe as a paid informant, who had been working outside his supervised cooperation agreement, by selling crack cocaine, marijuana, and Bryant Troupe had not paid taxes on his earning, which violated federal and state tax laws.  See:  Appendix-Q, p. 2.

 Mr. Boyd used the February  21, 1997 discovery letter on Bryant Troupe, as evidence during the FOIA-litigation against, the Executive Office for  United States Attorneys ("EOUSA"); United States Marshals Service ("USMS") and Bureau of Alcohol, Tobacco and Firearms ("BATF"), to substantiate that the government had acknowledged in the Miller discovery letter Bryant Troupe's activities as a paid informant.  See:  Appendix-Q, pp. 1-2.

A).  THE DeARMON CIVIL RIGHTS LITIGATION THAT EXPOSED THE GOVERNMENT'S CORRUPTION AND COVER-UP

THE BREAK-IN OF THE FAMILY HOME 1435 E. DeSOTO

   After Mr. Boyd was indicted on August 7, 1997, it was subsequently discovered that AUSA Gary Gaertner, ATF Agent James Green and DUSM Luke Adler, were involved in a covert operation in which the St. Louis Mobile Reserve Police Officers had been recruited, to conduct an illegal search and seize property from 1435 E. DeSoto (the family home), on June 3, 1997.   

   This Report of Interview of Albert Greer, discusses the actions of DUSM Luke Adler, and his conduct concerning the events at 1435 E. DeSoto in June of 1997.

    You will learn from the following paper trail, that the assigned case agent ATF Agent James Green, as testified in the civil deposition of St. Louis Police Officer Garrett Burgess, had gave Officer Burgess the alleged reliable confidential informant that led to his investigation of 1435 E. DeSoto, and the alleged criminal activities of Willie Boyd.  Also that Officer Garrett Burgess testified he was directed to bring property seized from 1435 E. DeSoto to the U.S. Attorney's Office, but Burgess did not know who he gave the property to, nor did he get a property receipt for the seized property he left with someone in the U.S. Attorney's Office.

   1.  On September 9, 1999 legal documents prepared by Mr. Boyd were filed by the family in a civil rights litigation, which became Mary E. DeArmon, et. al., v. Garrett Burgess, et. al., 4:99CV1422(ERW), against 10-St. Louis Mobile Reserve Police Officers, Garrett Burgess, Joseph Spiese, Clarence Hines, Steve Berles, joseph Crews, William Noonan, Thomas Whyte, Edward Smoote, Troy Eaton and James Joyner.  The plaintiffs consisted of Mary E. DeArmon (Mother); Stanley Boyd (Brother); and Albert Greer (Cousin), seeking damages of $40.000.000 dollars from each defendant, for the June 3, 1997 illegal search, and the illegal  seizure of their personal property from 1435 E. DeSoto.

   2.  On November 17, 1999 Mr. Boyd prepared the First round of Interrogatories for Police Officer Garrett Burgess, directing 25-questions to Officer Burgess, about his personal knowledge of AUSA Gary Gaertner and ATF's role in the search of 1435 E. DeSoto, and whether property seized from that location had been turned over to them.

   On January 4, 2000 Officer Burgess provided his response to the First round of Interrogatories, signed under oath, submitted by City Counselor John A. Bouhasin.  Officer Burgess, denied in his interrogatories response, that the federal government had any role in the search and seizure, refused to identify AUSA Gary Gaertner and ATF's involvement, and denied knowing what agency the informant had worked for.  Officer Burgess, failed to acknowledge that he had turned over property seized from 1435 E. DeSoto to someone in the U.S. Attorney's Office.  See: Appendix-R, paragraphs 7, 11, 13, 20 and 22.

   3.  On February 14, 2000 City Counselor John A. Bouhasin, provided discovery to the plaintiffs in Defendants Rule 26 Disclosure, that included copies of (A) Police Report, dated June 24, 1997; (B) Search Warrant for 1435 E. DeSoto; (C) Affidavit in Support of the Search Warrant; (Documents D-E) to be Supplemented; (F) Report of Interview of Albert Greer of June 6, 1997 by ATF Agent James Green, with a Fax-cover sheet from AUSA Gary Gaertner, dated December 22, 1999; and (G) Grand Jury testimony transcript of Albert Greer, with a faxed cover sheet from AUSA Gary Gaertner, dated December 16, 1999. See: Appendix-S, Exhibits A-C and F-G.

   It should be plainly clear, that AUSA Gary Gaertner provided the Report of Interview of Albert Greer and Albert Greer's Grand Jury testimony, to the City Counselor John A. Bouhasin, to be used in the civil litigation to help the  Police Officers, they had recruited to get out of the civil suit.  Because these two-documents had been generated during Mr. Boyd's criminal case United States v. Willie E. Boyd, 4:97CR301(SNL), which had not been provided him during Mr. Boyd's discovery process.

THE REPORT OF INTERVIEW OF ALBERT GREER COULD HAVE USED AT MR. BOYD'S TRIAL TO IMPEACH DUSM LUKE ADLER

    Once you read the trial testimony of DUSM Luke Adler, at www.rigggedsystem.com, you will understand why the Report of Interview of Albert Greer, was hid.  When Trial Counsel Carl Epstein pressed DUSM Luke Adler during cross-examination at trial, about his involvement in the investigation of Willie Boyd.  Adler lied under oath, and testified his only involvement in the investigation of Willie Boyd was in February of 1997.  DUSM  Adler committed perjury at trial to hide the fact he had been committing illegal searches with Mr. Boyd's seized keys, and other misconduct, and the fact Adler had no official authority to be involved in  Boyd's case in June of 1997.  Which showed Adler's personal bias.

DUSM LUKE ADLER INTERVIEWED ALBERT GREER IN JUNE OF 1997 ABOUT THE SEIZED 357 CAL. FIREARM SEIZED FROM 1435 DeSOTO, ON JUNE 3, 1997.

    The Report of Interview of Albert Greer reveals that DUSM Luke Adler, was not credible or honest.  Because this Report shows that DUSM Adler contacted ATF Agent James Green, in June of 1997, and reported to Agent Green about the search of 1435 E. DeSoto, and the seizure of a 357 cal. firearm , and that Adler had interviewed Albert Greer, and Greer told him he was leaving town going to Kansas City.  See: Appendix-S, Exhibit-F, pp. 1-2.

   4.  On June 21, 2000 Officer Garrett Burgess, returned his Second set of Interrogatories, signed under oath.  These interrogatories had been prepared by Appointed Counsel Tracy A. Diekemper, who had been appointed by the Judge E. Richard Webber, to represent the plaintiffs Mary DeArmon, Stanley Boyd and Albert Greer.  Officer Burgess, changed his response and admitted that AUSA Gary Gaertner and ATF Agent James Green, had been involved in the search and seizure of property. But Officer Burgess still tried to be deceptive by stating "subsequent".  This is Burgess's response under oath:

" ANSWER: In June of 1997, I worked closely with several Federal agencies concerning weapons, drugs, and convicted felons.  I believe that I spoke with ATF agent James Green subsequent to the search of 6/3/97, relative to the Federal Government  obtaining the door knobs and locks seized at 1435 E. DeSoto.  Further, I recall speaking with Assistant United States Attorney Gary Gaertner regarding this matter subsequent to the search of 6/3/97."  See: Appendix-T, pp. 8-9, paragraph-9.

   5.  On August 17, 2000 Officer Garrett Burgess, testified under oath during sworn depositions, were Officer Burgess was questioned by Appointed Counsel Tracy Diekemper.   Officer Burgess, testified that ATF Agent James Green gave him the informant, that he had dropped off seized property from 1435 E. DeSoto, to someone in the U.S. Attorney's Office, but had not received a property receipt for the property seized.  Officer Burgess also testified he met with AUSA Gary Gaertner about the seized property. See: Appendix-U, pp. 32, 34 and 79-80.

JUDGE E. RICHARD WEBBER MADE A RULING THAT THE DEFENDANT'S DID NOT HAVE TO DISCLOSE THE IDENTITY OF THE CONFIDENTIAL INFORMANT, (WHERE UNDISCLOSED DOCUMENTS SUBSEQUENTLY IDENTITY BRYANT TROUPE), AS THE CONFIDENTIAL INFORMANT WHO ALLEGEDLY PROVIDED THE FALSE PROBABLE CAUSE FOR THE SEARCH WARRANT AT 1435 E. DeSOTO

   6.  On September 15, 2000 Counsel Tracy A. Diekemper, filed a Motion to Compel the Disclosure of the Confidential Informant, that had been provided to Officer ATF Agent James Green. (DN. 79).  Judge Webber ordered Counsel Diekemper to supply the court with a  list of questions for the confidential informant for Judge Webber's in camera review.  See: Appendix-V, p. 9, (DN. 79-83).

  Counsel Diekemper submitted the proposed questions for the confidential informant for in camera review. FILED UNDER SEAL AND PLACED IN THE VAULT, on September 20, 2000. (DN. 84).  See: Appendix-V, p. 9.

   7.  On October 30, 2000 U.S. District Court Judge E. Richard Webber, issued an Order for the Defendant Officers to make the confidential informant on Thursday, November 2, 2000 at 11:00 a.m.  In the Court's Order, it stated, "Defendants' counsel, as a officer of the court, shall confirm to the Court that the person answering the Court's questions is the confidential informant, and shall remain with the confidential informant as the court interrogates that confidential informant by telephone.  The confidential informant shall be responsible for contacting the Court via telephone at this designated time." (DN. 89).  See: Appendix-V, p. 10.

THE CONFIDENTIAL INFORMANT WAS NO OTHER THAN (BRYANT TROUPE), WHO ATF AGENT JAMES GREEN GAVE TO OFFICER BURGESS, WHO HAD NEVER BEEN INSIDE THE 1435 E. DeSOTO RESIDENCE

   8.  Mr. Boyd subsequently found a Memorandum, dated November 13, 2000, prepared by ATF Agent James Green, in the Secret File of BATF, under the Freedom of Information Act.  In the Memorandum, ATF Agent James Green was explaining to his Superiors how he had got caught up in the DeArmon civil rights lawsuit, being that he had introduced the informant to Officer Garrett Burgess, of the St. Louis Mobile Reserve Police Department, and Judge Webber had issued an Order for the confidential informant to be found and made available.  See: Appendix-W, pp. 1-2, (redacted Memorandum found in the Secret file).

   ATF Agent James Green explained in this Memorandum what methods had been used to locate the confidential informant, so Judge Webber could speak with him.  See: Appendix-W, p. 2.

DETAILED GOVERNMENT EFFORTS TO LOCATE BRYANT TROUPE FOR DISTRICT COURT JUDGE E. RICHARD WEBBER

   9.  On of the methods to locate Bryant Troupe for Judge Webber in November of 2000, was for ATF Agent James Green, to place a note on Sharron's door at 11950 Bramptom Hunt Rd., Florissant, Mo. 63033.  See: Appendix-W, p. 2, (Information Redacted by Government before Release, on May of 2003).

   The Government sent out a fake "Instant Cash Giveaway" Sweepstakes  of $25.000.00 in the name of Bryant Troupe  (Personal & Confidential, dated November 17, 2000, for Bryant Troupe to call 1-88-216-1967, extension 222.  See: Appendix-X, pp.1-2.

  What made this ironic is, this letter was mailed to Sharron Troupe's address in the name of Bryant Troupe, at 11950 Brampton Hunt Rd.  But Bryant Troupe has never lived at that location, or visited the residence.

   10.  On December 13, 2000 Judge E. Richard Webber denied the Motion to Compel the Disclosure of the Confidential Informant, after the interrogatory questions had been addressed by the confidential informant to ascertain whether the identity was vital to a fair trial, and these interrogatory questions where placed in the vault under seal. (DN. 84, 84-1).  Judge Webber, made a finding based on the response by the confidential informant, that the informant was only a mere tipster to the search and seizure and his identity was not warranted.  See: Appendix-Y.

   11.  On April 6, 2001 Judge E. Richard Webber, granting summary judgment for the Defendant Police Officers, stating in pertinent part:  "[I]t is undisputed that Burgess was contacted by a confidential informant.  The plaintiffs have not disputed that this informant had proven reliable in the past to other law enforcement agencies."  "Therefore, the Court holds that, standing by itself, the information provided by the confidential informant that was contained in the Burgess affidavit was sufficient to establish probable cause."  See: Appendix-Z, pp. 11-12.

III).   MR. BOYD PURSUED FOIA-LITIGATION AT THE SAME TIME THAT HE WAS PURSUING THE DeARMON CIVIL RIGHTS LITIGATION, MR. BOYD SET OUT TO FIND EVIDENCE IN THE  GOVERNMENT'S POSSESSION UNDER FOIA TO PROVE THAT HIS TRIAL HAD BEEN RIGGED, BY FINDING EVIDENCE TO SUBSTANTIATE THAT DUSM LUKE ADLER and ROGUE POLICE OFFICER BOBBY GARRETT, WERE NOT CREDIBLE WITNESSES, AND TO FIND EVIDENCE ON ROGUE INFORMANT BRYANT TROUPE, AND HOW TROUPE HAD BEEN USED COVERTLY, IN MR. BOYD'S CRIMINAL CASE

   1.  On  September 9, 1999 Mr. Boyd filed a Freedom of Information Act lawsuit, which was docketed as Willie E. Boyd v. U.S. Marshals Serv., et. al., 99CV2712(JR), against (4) agencies (1)  Executive Office for United States Attorneys ("EOUSA); (2)  Bureau of Alcohol, Tobacco and Firearms ("BATF"); (3)  United States Marshals Service ("USMS"); and Bureau of Prisons ("BOP").  This FOIA-lawsuit was instituted in an attempt to get investigative documents in the files of the agencies on their investigation of Willie Boyd, and especially documents in the governments files on how it utilized Bryant Troupe in Mr. Boyd's criminal case.

    2.  On December 13, 1999 Averill P. Graham, FOIA-Disclosure Specialist for BATF, released documents the official investigative file of Willie Boyd, BATF Case File # 745519-97-0012.  This BATF official case contained 98-pages of investigated documents.  Some of these documents had been withheld in full, docu. nos. 26, 59-70 and 98 (2-pages).  There was a release of 83-pages in mostly redacted form, none bearing the name of Bryant Troupe.  See: Appendix A-1 (doc5)  + (doc6) .

   3.  On April 18, 2000 Suzanne Little, FOIA-Assistant Director for EOUSA, released documents under FOIA-Request No. 99-3056, this file contained 3238-pages of documents, most public records, trial transcripts, Suppression hearing, etc., some documents released in full, some released in part, some withheld in full, some documents transferred to various agencies for direct release, and  some documents heavily redacted (two-April 15, 1998 discovery letters allegedly hand-delivered to Counsel Carl Epstein).  No documents released concerning Bryant Troupe by name.  See: Appendix A-2, (Discovery letters of April 15, 1998-redacted).

   4.  On October 18, 2000 Melissa Blevins, FOIA-Disclosure Specialist for BATF, released under FOIA-Request No. 00-311, 00-1470 and 00-1670, some 85-pages of documents, some of these documents had been previously identified in Appendix A-1, but withheld in full, but now release in redacted form.  See: Appendix A-3, docu's. 1-[29]; 1-[30] and 1-[31].

   5.  On April 24, 2002 Defendant BATF filed a motion request for extension of time in the FOIA-litigation, because BATF had located what it called a work of ATF Agent James Green, that contained 1,000-pages of documents.  The government's attorney AUSA Jane Lyons, in Washington, D.C.,  admitted in the motion that, "the file was located in the office of the case agent in St. Louis who worked on plaintiff's criminal case and maintained a personal file which was not required to be part of the agency's official case."  The agency BATF requested up until May 17, 2002 to process the documents.  See: Appendix A-4.

IT WAS SUBSEQUENTLY DISCOVERED DURING DISCLOSURE OF EMAILS OF  ATF AGENT JAMES GREEN, THAT HE LIED TO CHIEF COUNSEL BARRY ORLOW, ABOUT HOW MANY INVESTIGATIVE DOCUMENTS HE HAD BEEN CONCEALING

   6.  On April 3, 2002 ATF Agent James Green, sent a email to Chief  Counsel  Barry Orlow, when it surfaced that Agent Green did not have investigative documents in his Official case file # 745519-97-0012.  In this email Agent Green was deceiving Chief Counsel Orlow, stating he only had 150-200 pages of investigative documents, but when the case file was finally disclosed it was 1,188-pages of investigative documents, not 150-200-pages.  See: Appendix A-5.

   7.  On May 13, 2002 Melissa Blevins, FOIA Disclosure Specialist for BATF, released some 384-pages of investigative documents, of the 1,188-pages of documents ATF Agent James Green got caught concealing in his sole possession, and most of the released documents were in redacted form.  BATF identified these investigative documents which became BATF Case File # 02-1078, as:

"Confidential Source Information, Investigation Reports, Report of Interviews, ATF Memorandum, Grand Jury transcripts, St. Louis Police Reports, NCIC Reports, Interview Notes, Witness Statements, Casino Queen Transactions, Laboratory Work Sheet, Request to Locate Coopering Individual, Interview Statements."  See: Appendix A-6.

DISTRICT COURT JUDGE JAMES ROBERTSON APPOINTED COUNSEL FOR MR. BOYD, TO TAKE DISCOVERY IN THE CASE, WHEN IT WAS REVEALED THAT ATF AGENT JAMES GREEN'S FILE DID NOT CONTAIN THE REPORT OF INTERVIEW, AND AGENT GREEN  WAS HIDING INVESTIGATIVE DOCUMENTS

   8.  On November 6, 2002 the Court denied Defendant BATF summary judgment, and appointed counsel Ms. Luba Shur, to represent Mr. Boyd, to take discovery in this FOIA-lawsuit, after finding documents had been missing from the official case file, stating: "BATF had not located a Report of Interview of Albert Greer made on June 6, 1997 by BATF Special Agent James Green."  See: Appendix A-7, p. 3.

   The Report of Interview is the same report that AUSA Gary Gaertner had in his possession after trial, and faxed to City Counsel John A. Bouhasin, on December 22, 1999, to get the 10-St. Louis Police Officers out of the civil suit, and showed that DUSM Luke Adler, had been committing perjury.

AUSA JANE LYONS, ADMITTED TO COUNSEL LUBA SHUR, THAT ATF AGENT JAMES GREEN HAD THE 1,188-PAGES OF INVESTIGATIVE DOCUMENTS IN AN "UNOFFICIAL FILE".

   9.  On May 19, 2003 AUSA Jane Lyons, representing the Defendant in the FOIA-litigation, sent a letter to Counsel Luba Shur.  In AUSA Lyons letter, she admitted that ATF Agent James Green, had the 1,188-pages of documents he had got caught concealing where not in his official case file # 745519-97-0012, stating:

"Perhaps the source of your "surprise" lies in the fact that documents located in response to Mr. Boyd's request were contained in the "unofficial", "personal", or "work" file (these adjectives are fully interchangeable) kept by the Special Agent assigned to the investigation.  As we have already acknowledged, documents in the Special Agent's files, which he believed were duplicates of documents contained in the official file, should have been included in the official files but were not.  See: Appendix A-8, p. 2, (Last paragraph).

BRYANT TROUPE'S IDENTITY AS THE CONFIDENTIAL INFORMANT WAS EXPOSED BY AGENCIES NOTES, THAT HAD BEEN PROVIDED DURING THE DISCOVERY PROCESS

    10.  In February through March of 2000, Melissa Blevins, BATF Disclosure Specialist, kept notes on her conversations with ATF Agent James Green, concerning disclosure of records on Bryant Troupe.  Because Mr. Boyd had submitted copies of Sharron Troupe's trial testimony as an exhibit to support the need for disclosure of records on Bryant Troupe.  There had been confusion concerning the identity of whose testimony was it, Sharron or Bryant's testimony, and whether Bryant Troupe had testified at Mr. Boyd's trial.  The confusion was because the exhibits submitted only identified"TROUPE" across the top of the trial transcript as the testifying witness.  See: Appendix A-9.

IN MS. BLEVINS' NOTES SHE IDENTIFIES THE PERSON, THE INFORMANT IN THE RECORDS, AS SOMEONE RELATED TO THE CI ("CONFIDENTIAL INFORMANT")

   11.  On February 22, 2000 Ms. Melissa Blevins, Disclosure Specialist for BATF, discussed with AUSA Jane Lyons, whether they had to disclose the identity of the informant, due to the fact Mr. Boyd had not provided "any proof of CI" identity.  Concluding based on the review of all the documents submitted, that, "testimony was not our CI, but someone related to CI (who is)  information redacted  ), told her that I thought was our CI at first - also pointed out letter to her regarding a different case where information about our CI was disclosed (one of Boyd's exhibits) - asked about Vaughn - said wait until Court orders it - he has not provided any proof of CI and that may want affidavit stating that not testimony of CI - asked if should be affidavit from agent - She said that would be best - asked if could fax before have signed - said that was great." See: Appendix A-9, p. 4, (Note dated: 2/22/2000, at 11:00 AM).

THE EXHIBIT DISCUSSED WAS A TWO-DISCOVERY LETTER ON BRYANT TROUPE BY AUSA ANTOINETTE DECKER  RELEASED DURING DISCOVERY IN THE MILLER CASE

   The letter pointed out by Ms. Blevins as one of Boyd's exhibits, was the two-page discovery letter from AUSA Antoinette Decker, dated February 21, 1997, on Bryant Troupe, (who is the brother of Sharron Troupe), as a paid informant working for the DEA, FBI, and local state law enforcement agencies.  See: Appendix A-10, pp. 1-2, (This two-page discovery letter does not identify Bryant Troupe working for ATF, as an informant).

   So on June 1, 1997 when ATF Agent James Green, gave Bryant Troupe, to Officer Garrett Burgess, and vouched for his credibility, as stated in his search warrant application, "who worked the informant and have ongoing investigations which resulted the arrest and conviction of several individuals with cases still pending in the State and Federal Courts.".  This was all a lie, because the two-page discovery document by AUSA Decker, proves Bryant Troupe was not registered as a paid informant with BATF, and also proves Bryant Troupe was not credible, because Troupe was working outside his cooperation agreement by selling crack cocaine and marijuana for profit.  Which means the Police in the DeArmon case, got out of the civil rights lawsuit by fraud and deception.  Because Troupe was not even credible with the FBI, the agency he had a cooperation agreement with.  See: Appendix A-10, p. 2.

ATF AGENT JAMES GREEN FALSELY INFORMED MS. BLEVINS, THAT MR. BOYD HAD KILLED FOUR-PEOPLE

   12.  On October 10, 2000 Melissa Blevins, BATF Disclosure Specialist, submitted her communications with ATF Agent James Green, which was revealed during the discovery process, that Agent Green informed her that, "Boyd suing City also & he has killed Four people."  This is what Ms. Blevins wrote in her note, stating:

"10/10/00 11:02 am Jim Green called - he said he could not be sure completed copy, because administrative assistant copies -I said actually what I needed was whether you had copy of everything in your file - he said he did & he wanted to know why surfaced - i told him Boyd addressed motion Denied & we are going to resubmit - he wanted to know more - told him didn't know not in CC anymore - he asked when going to end - I said hopefully soon - he said Boyd suing City also & he killed Four people."   See: Appendix A-11, pp. 1-2.

JUDGE JAMES ROBERTSON DENIED THE FOIA-LAWSUIT, WITHOUT FORCING AGENCIES TO TURN OVER THE 1,188-PAGES OF DOCUMENTS IN FULL,  DOCUMENTS IN ITS FILES ON BRYANT TROUPE, OR THE FULL DISCLOSURE OF INFORMATION IN THE TWO-APRIL 15, 1998 DISCOVERY LETTERS

   Judge James Robertson granted summary judgment after the discovery had been taken, for Defendant's EOUSA, BATF, USMS and BOP, The Court concluded the agencies did not have to disclose those documents under FOIA-law.  Which is a different standard for disclosure than under criminal rules of disclosure in criminal proceedings.

MR. BOYD FILED AN APPEAL TO THE D.C. CIRCUIT COURT, SEEKING THE FULL DISCLOSURE OF THE 1,188-PAGES OF INVESTIGATIVE DOCUMENTS, DOCUMENTS ON BRYANT TROUPE, AND THE FULL DISCLOSURE OF THE TWO-APRIL 15, 1998 DISCOVERY LETTERS

   Mr. Boyd argued on appeal that the agencies EOUSA, BATF, USMS and BOP, had been involved in misconduct in the criminal investigation of his case, and that the agencies were not entitled to withhold any documents or information in the 1,188-pages of investigative documents, or any other records.  That Bryant Troupe had no privacy to the records in the investigative files in the Boyd and Miller cases, because of Troupe's involvement in criminal activity, as a rogue informant, and also Troupe's involvement as an informant had been officially confirmed by the government's disclosure in the Miller case.  That EOUSA should turn over the full disclosure of the two-April  15, 1998 discovery disclosure letters, in light of the fact the AUSA Gary Gaertner claims in the redacted letters he had hand-delivered these letters to Trial Counsel Carl Epstein, that should have been public records.

   13.  On July 31, 2006 AUSA Jane Lyons, filed her Appellee's Brief on appeal, arguing that the Court correctly ruled for the withholding of the 1,188-pages of documents under FOIA litigation, and the records on Bryant Troupe's information was "compiled for law enforcement proposes" and "could reasonably be expected to constitute an unwarranted invasion of privacy."  AUSA Lyons, argued, "Yet Boyd is unable to demonstrate Mr. Troupe's relevance for Brady and Jencks purposes.  He presents no evidence that Mr. Troupe was an informant in Boyd's case and, in fact, argues at times Mr. Troupe was not an informant for the ATF."  See: Appendix A-12, P. 19.

   AUSA Jane Lyons, also argued, "Instead Boyd relies on a letter from the United States Attorney's Office for the Eastern District of Missouri indicating that Mr. Troupe was an informant in another, unrelated case (United States v. Miller) - a letter that says nothing about Mr. Troupe's purported involvement in Boyd's conviction."  See: Appendix A-12, p. 19, 23, 25-27.

     AUSA Lyons, went on to state, "Boyd has identified nothing withheld during his criminal case but produced under the FOIA that would suggest an actual Brady or Jencks violation.  Importantly, even after discovery, Boyd has provided no proof of what was actually produced to Boyd or his attorney during the criminal case."  See: Appendix A-12, PP. 19-20.

   It was impossible then for Mr. Boyd to produce the proof that the government was hiding the evidence that would prove the Brady/Jencks violations.  In light of the fact, the government was concealing the evidence that would expose the Brady/Jencks violations, and the two-April 15, 1998 discovery letters on Bryant Troupe, and the information they contained on Troupe's payments and involvement in Mr. Boyd's criminal case.

THE D.C. CIRCUIT COURT AFFIRMED THE DISTRICT COURT'S RULING

   14.  On February 6, 2007 the D.C. Circuit Court of Appeals affirmed the district court's actions granting summary judgment for the Defendants, without the full disclosure of the documents of their misconduct, or the full disclosure of the 1,188-pages of investigative documents, and records and information on Bryant Troupe and his informant role.  The Court justified the withholding for records on Bryant Troupe, stating:

   "Although Amicus makes much of the fact that Troupe's status as an informant was confirmed in Miller, that confirmation does not amount to an admission that he was an informant in Boyd's case as well."  See: Appendix A-13, p. 390.

   The D.C. Court stated, in regards to the two-April 15, 1998 discovery letters, denying the full disclosure of the redacted information in the letters, which was allegedly hand-delivered to Trial Counsel Carl Epstein, at the time of trial stating:

   "However, letters the prosecutor wrote in 1998 suggest that the documents at issue were turned over and it is doubtful that a reasonable person would infer government misconduct from unsworn letters from defense counsel years after Boyd's 1998 conviction."  See: Appendix A-13, 387-88.

MR. BOYD EVENTUALLY PERSUADED COUNSEL CARL EPSTEIN TO PROVIDE HIM A SWORN AFFIDAVIT, TO SUPPORT THE UNSWORN LETTERS HE HAD PROVIDED, THAT STATED THE GOVERNMENT HAD NOT PROVIDED HIM WITH VARIOUS DISCOVERY MATERIALS IMPLIED IN  THE REDACTED DISCOVERY LETTERS OF APRIL 15, 1998

   15.  On December 27, 2011 Trial Counsel Carl Epstein, subsequently provided Mr. Boyd with a sworn affidavit to eliminate any question, that he stood behind his unsworn letters.  The sworn affidavit reaffirmed the fact, that AUSA Gary Gaertner had not hand-delivered to him the two-April 15, 1998 discovery disclosure letters, or Grand Jury Jencks materials, or any documents on Bryant Troupe as a paid informant for the government.  Counsel Epstein also swore in his affidavit that he had not received investigative documents from the 1,188-pages of investigative documents, that ATF Agent James Green got caught concealing, including a copy of the real St. Louis Police Report.  See: Appendix A-14, Exhibit A through F.

IV).  MR. BOYD FILED YET ANOTHER FOIA-LAWSUIT FOR THE RECORDS ON BRYANT TROUPE, AND DOCUMENTS THAT WOULD PROVE THE GOVERNMENT ACTORS MISCONDUCT AND ILLEGAL ACTIVITIES

   1.  On August 28, 2013 Mr. Boyd filed yet another FOIA-lawsuit in Boyd v. Executive Office for U.S. Attorneys, et. al., 13CV1304(ABJ), against Defendant's EOUSA and BATF (Bureau of Alcohol, Tobacco and Firearms), aftering making numerous FOIA request for the full disclosure of the 1,188-pages of investigative documents, and all Brady/Jencks materials in the government's possession. Plus all documents in their files on Bryant Troupe as a paid informant, and requesting the full disclosure of the two-April 15, 1998 discovery disclosure letters.  This FOIA-lawsuit was supported by two-affidavits of, (1)  Trial Counsel Carl Epstein, and (2)  Attorney Paul Sims, who had identified various documents that should have been disclosed.

ATTORNEY PAUL SIMS PROVIDED A SWORN AFFIDAVIT, ATTESTING TO THE FACT THAT THE GOVERNMENT REFUSED TO PROVIDE HIM WITH THE FULL DISCLOSURE OF THE 1,188-PAGES OF INVESTIGATIVE DOCUMENTS, THE FULL DISCLOSURE OF THE TWO-APRIL 15, 1998 DISCOVERY LETTERS AS PROMISED TO HIM BY THE GOVERNMENT, OR RECORDS ON BRYANT TROUPE

   2.  On September 23, 2013 Attorney Paul Sims, provided Mr. Boyd a sworn affidavit, that Mr. Boyd submitted in the FOIA-litigation in Boyd v. EOUSA, et. a., 13CV1403(ABJ), attesting to Attorney Sims' efforts to acquire the supported documents and information in the government possession, such as the full disclosure of the two-April 15, 1998 discovery disclosure letters, requested records on Bryant Troupe, the non-disclosure of Grand Jury testimony, all Brady/Jencks materials, and the full disclosure of 1,188-pages of investigative documents discovered in the sole possession of the assigned case agent ATF Agent James Green.  See: Appendix A-15.

SUSAN GERSON, SURPRISINGLY RELEASED THE FULL DISCLOSURE OF THE TWO- APRIL 15, 1998 DISCLOSURE DISCOVERY LETTERS, WHICH CONTAINED UNDISCLOSED INFORMATION ON BRYANT TROUPE, AND REVEALED DOCUMENTS IN THE FILES OF THE GOVERNMENT THAT HAS NEVER BEEN DISCLOSED, OF TROUPE'S INVOLVEMENT IN MR. BOYD'S CRIMINAL CASE AND INFORMANT PAYMENTS MADE TO TROUPE