DONALD C. RANDOLPH, ESQ., California State Bar Number: 62468

RANDOLPH & LEVANAS
A Professional Corporation
1717 Fourth Street, Third Floor
Santa Monica, California 90401-3319
Telephone: 310/395-7900
Attorneys for Defendant
KEVIN DAVID MITNICK
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

KEVIN DAVID MITNICK, et. al,

Defendants.

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CASE NO. CR 96-881-MRP

MOTION RE: SUPPLEMENTAL LAW LIBRARY TIME

DATE: March 9, 1998

TIME: 1:30 p.m.

COURT: 12

TO NORA M. MANELLA, UNITED STATES ATTORNEY, AND TO HER ASSISTANTS DAVID SCHINDLER AND CHRISTOPHER PAINTER:

Defendant, KEVIN DAVID MITNICK, by and through his attorney of record, Donald C. Randolph, hereby moves this Court for an order granting him supplemental law library time while incarcerated at the Metropolitan Detention Center.

This motion is based upon all the files and pleadings in this case, the Memorandum of Points and Authorities, attached Exhibits and

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any evidence which may be presented at hearing on this matter.

DATED: February 26, 1998 Respectfully submitted,

RANDOLPH & LEVANAS

By: ________________________________

Donald C. Randolph

Attorneys for Defendant

KEVIN DAVID MITNICK

MEMORANDUM OF POINTS AND AUTHORITES

The defendant requests that, in the interests of judicial and administrative economy, he be afforded law library time in excess of the five and one-half hours per week which is currently available to him. Such additional time is commonly granted to defendants demonstrating need, including defendants who are represented by counsel. [Exhibiit B] As such, the defendant requests access to the Metropolitan Detention Center law library for at least an additional ten hours per week, on those days designated for this purpose.

Due to the complexity of this case, the defendant has demonstrated a particular need for law library time in addition to the minimum amount currently available to him. Moreover, granting this additional library time will help allay the Court's concern over the expenditure of CJA funds by reducing the amount of attorney time necessary to conduct legal research for this defense. Because the Metropolitan Detention Center already has two days a week set aside for inmates who are granted extra library time, the administrative costs associated with this Order will essentially be zero.

DATED: February 26, 1998 Respectfully submitted,

RANDOLPH & LEVANAS

By: ______________________________

Donald C. Randolph

Attorneys for Defendant

Kevin David Mitnick

DECLARATION OF DONALD C. RANDOLPH

I, Donald C. Randolph do declare:

  1. I am an attorney at law, a member in good standing of the bar of this Court, and appointed counsel of record for defendant Kevin David Mitnick in the above-entitled case.
  2. I am informed and believe that all inmates are granted approximately five and one-half hours of law library time each week.
  3. I am informed and believe that inmates may be granted additional time to use the law library upon administrative grant or upon Court order. These inmates are permitted to use the law library on Fridays and Saturdays from 7:30 a.m. until 10:15 a.m. and from 12:30 p.m. until 3:15 p.m..
  4. I am informed and believe that the Metropolitan Detention Center grants administrative leave for extra law library time only for those inmates representing themselves in pro per and for those inmates who are within twenty days of an "imminent court deadline."
  5. I am informed and believe that the phrase "imminent court deadline" is narrowly interpreted by the Metropolitan Detention Center essentially referring only to the trial date.
  6. Mr. Mitnick has requested and been denied supplemental law library time through administrative channels. [See correspondence, Exhibit A, attached].
  7. I am aware of at least four recent cases of individuals detained at the Metropolitan Detention Center who were both represented by counsel and have been granted extra law library time by court order. These cases are as follows: U.S. v. Rapaport, CR 96- 1116-LGB; U.S. v. Lacy, CR 95-482-SVW; U.S. v. Moss, CR 96-739-KMW; U.S. v. Jones, CR 96-675-RMT. [Exhibit B, attached].
  8. Some of the legal issues raised in this defense are novel and complex, requiring considerable legal research.
  9. Mr. Mitnick's ability to assist in this research has proven valuable to the defense and saved substantial attorney time.
  10. On February 17, 1998, I left a message for Assistant United States Attorney Christopher Painter who stated that he was opposed to the relief sought herein.

I declare under penalty of perjury the above is true and correct.

Executed this 26th day of February, 1998, in Santa Monica, California.

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Donald C. Randolph