COMMONWEALTH of VIRGINIA OFFICE OF THE COMMONWEALTH’S ATTORNEY CITY OF PORTSMOUTH Main Number: (757) 393-8581 - Fax: (757) 393-5135, December 2, 2015 James O. Broceoletti ZOBY, BROCCOLETTI & NORMILE, PC {6663 Stoney Point South Norfolk, Virginia 23502 Re: Commonwealth v. Stephen Rankin Dear Mr. Broccoletti: Please see the numbered responses below with regard to your letter, dated November 24, 2015, requesting several documents alleged to be missing from the Commonwealth's discovery: 1 - 5, Pursuant to Garnett v. Commonwealth, 275 Va. 397, 400, 657 S.E.2d 100, 102 (2008), Brady does not embrace a “best evidence” rule prohibiting the use of summaries. Accordingly, the provided summaries of the statements requested are sufficient to satisfy the Commonwealth's Brady obligations. 6. The Taser video provided by the Commonwealth has not been edited or manipulated in any way by the Commonwealth. The Taser company informed Virginia State Police that the taser was corrupt before the point of download. 7. The Wal-Mart and Wells Fargo videos are operable. Please ensure that you have a video player that is able to play the video format that has been provided by Wal-Mart and Wells Fargo. If you are unable to successfully play the videos, the Commonwealth will permit Defense Counsel to inspect, view, and copy the videos at a mutually agreeable time at the Office of the Commonwealth’s Attomey. If necessary, please contact the Commonwealth's Office to schedule a meeting. ‘Thank you for your prompt attention to these matters. Sincerely, ‘Stephanie N. Morales Commonwealth’s Attorney cc: Honorable Johnny E. Morrison, Chief Judge (via Clerk of Court) Nicole Belote, Esquire Stephanie N. Morales, Commonwealth’s Attorney Portsmouth Judicial Center - 1345 Court Street, Suite 105 Portsmouth, Virginia 23704