Da RIGin, IAL Sore RR TRIERN sia wesc AO MAY -b P05 UNITED STATES OF AMERICA. 7 Case No. 2011 CMD 7632 FILED ; v. Senior Judges ALBERT HAYNESWORTH, II E Arraignment: May 10, 2011 NOTICE OF FILING ‘The government requests that the attached discovery letter, dated May 6, 2011, be made part of the record in this case. Respectfully submitted, RONALD C. MACHEN JR. United States Attomey By: fide L. Herrmann Assistant United States Attorney US. Attomey’s Office 555 4th Street, N.W. Rm. 10-810 Washington, D.C. 20530 (202) 252-6756 Certificate of Service Thereby certify that I caused a copy of the Notice of Filing and attached Discovery Letter (with gnclosure) to be served by regular mail upon defendants’ counsel, A. Scott Bolden, Esq., this day of May, 2011. the ited States AttorneyU.S. Department of Justice Ronald C. Machen Jr. United States Attorney District of Columbia Luicary Conor 1555 Fourth SW. Washington, DC. 20530 May 6, 2011 A. Scott Bolden, Esq. Reed Smith LLP 1301 K Street, N.W. Suite 1100 - East Tower ‘Washington, DC 20005 Via regular U.S. mail Re: — United States v. Albert Haynesworth Case No. 2010 CMD 7632 Dear Mr. Bolden: This letter is intended to update the discovery that our records indicate was provided previously. Enclosed please find a CD containing the 911 calls and radio runs that are applicable to this case. One of the 911 calls was made by an individual who purported to be defendant's business manager. The caller reports that defendant just called her from The W. Based solely upon statements made to her by defendant, the caller reports that defendant and a cocktail waitress got into a “verbal altercation” over the amount of gratuity defendant paid on the check. According to the caller, the cocktail waitress was upset about a tip, and that the waitress threatened to say that she was harassed unless she was paid more money, The government may seek to introduce this statement at trial Please note that the government interviewed numerous witnesses that were present at The Won the night in question, including all the witnesses that were referred to the government by the defense, and at no time did any witness indicate that defendant and a waitress got into a “verbal altercation” on the night question. In fact, all witnesses have indicated that defendant had limited contact with the waitress in question. Indeed, while defendant told detectives on the night of the incident that the waitress had becn “trying to get with” him, no witness has indicated that the waitress in question was flirtatious with, or was making any attempts to “get with,” defendant on the night in question, In sum, the government is not in possession of any information that would support the business manager's statement to the 911 operator that defendant got into a “verbal altercation”with a waitress at The W. Likewise, the government is not in possession of any information that would support defendant's original statement to detectives on the night in question that CW was trying to “get with” defendant, or that she was upset with defendant because he has a “white sirlfiend.” To the contrary, in defendant's swomn statement he states that “[o]ther than ordering food, I did not talk to the waitress even as I was paying the bill because I really had no reason to talk to her.” As always, please do not hesitate to call me at (202) 252-6756 if you have any questions regarding this production, We are aware of our continuing discovery obligations and, accordingly, reserve the right to supplement this letter if necessary. Sinogrely, Heide L fal f{ Assistant U.S. Attorney 202-252-6756 Encl. Ce: Superior Court Case File (without enclosure)