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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF VIRGINIA


AT ROANOKE
[FILED 05-06-93]
UNITED STATES OF AMERICA :
:
v. : Criminal No. CR-92-90-R
:
JAMES F. WOODS; : Judge Jackson L. Kiser
JAMES L. GARNER, SR.; and :
EDGAR J. DOBBINS, :
:
Defendants. :

RESPONSE OF THE UNITED STATES PURSUANT TO RULE 12.1(b)


TO DEFENDANT JAMES L. GARNER, SR.'S RESPONSE TO ALIBI DEMAND

Because the response of James L. Garner, Sr. to the Demand for Alibi

does not allege an alibi per se, the United States will object to the

introduction of any evidence of alibi by Defendant Garner pursuant to Rule

12.1(d). In order to comply with the Court's statement in the hearing of

April 26, 1993, the United States provides the following Rule 12.1(b)

information. Pursuant to Rule 12.1(b) of the Federal Rules of Criminal

Procedure, the United States intends to rely on Paul L. French, 3139

Tomaranne Dr., Roanoke, Virginia 24018, to establish Defendant James L.

Garner's presence at the following locations.

DATE LOCATION

Early May 1985 Lewisburg, West Virginia

January 6, 1986 Burger Princess


Pembroke, Virginia

April 30, 1986 Ramada Inn


Beckley, West Virginia

Because the response of James L. Garner, Sr. to the Demand

for Alibi also does not identify any alibi witnesses, the United

States has no information with which to identify witnesses upon


whom it would rely to rebut Defendant Garner's witnesses.

Therefore, the United States will object to the introduction of

any testimonial evidence by such witnesses offered by Defendant

Garner pursuant to Rule 12.1(d).

Respectfully submitted,

"/S/".

JOHN A. WEEDON (0002839--OH)


WILLIAM J. OBERDICK (2235703--NY)
Attorney
RICHARD T.
HAMILTON,JR.(0042399--OH)
Department of Justice
KEVIN C. CULUM (2790--MT)
ANNE M. PURCELL (2450138--NY)
Attorneys, Antitrust Division
U.S. Department of Justice
Plaza 9 Building
55 Erieview Plaza, Suite 700
Cleveland, Ohio 44114-1816
Telephone: 216-522-4014

Dated: May 6, 1993