King asks court to exclude testimony of 5 FBI agents

Defense attorney Janet H. King has asked the Superior Court to bar Federal Bureau of Investigations special agents and FBI Lab analysts from testifying at next week’s jury trial of Joseph A. Crisostomo if the Office of the Attorney General fails to produce some materials in the personnel files of the witnesses. 
The 40-year-old Crisostomo is facing charges of first-degree murder, kidnapping, and other charges for the killing of bartender Emerita Romero in February 2012. Crisostomo’s trial will start on Monday, April 7.

In a motion to preclude, King said the OAG has refused to disclose Henthorn materials of any personnel of the FBI.

Henthorn gives defense attorneys the right to any information in an agent’s personnel record relating to dishonesty, perjury, and others that can be used to impeach the agent’s testimony.

King said the government has acknowledged that the defense has made specific Henthorn inquiries regarding the personnel files of its investigative law enforcement agents, including FBI agents.

King said the government’s response has been that, since the FBI won’t permit disclosure, the Commonwealth is not in a position to disclose such materials.

The lawyer said that five FBI agents took lead roles in the investigation of the case and all actively participated in the investigation since Romero was first reported missing.

King said she made numerous requests of the previous chief prosecutor, Shelli Neal, for the production of all exculpatory material contained in the personnel files of any law enforcement officers who would be testifying at the trial. She said Neal assured her that such material would be forthcoming after the filing of a final witness list.

“To date, no such material has been produced and now it is evident that, regarding agents of the FBI, no such review will be made at any time,” King said.

The lawyer said in the U.S. vs. Henthorn case, the Ninth Circuit of Appeals held that, upon a defendant’s request for production, the government has the duty to examine the personnel files of its agents for any possible impeachment material, and to disclose any such materials to the defendant.

King said the trial court has inherent supervisory powers and the appropriate remedy is to exclude the FBI agents from testifying.