Case 1:21-cr-00131-PLF Document 22 Filed 03/16/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
:
UNITED STATES OF AMERICA : No.: 21-CR-131 (PLF)
:
v. :
:
JASON GERDING, :
CHRISTINA GERDING, :
Defendants. :
:
NOTICE OF FILING DISCOVERY CORRESPONDENCE
The United States of America, by and through its attorney, the United States Attorney for
the District of Columbia, hereby files its February 23, 2021 and March 2, 2021 discovery letters
in this case, which are hereby served as an attachment via ECF on counsel for the Defendants.
Respectfully submitted,
CHANNING D. PHILLIPS
Acting United States Attorney
D.C. Bar No. 415793
By: /s/ Anthony L. Franks
ANTHONY L. FRANKS
Missouri Bar No. 50217MO
Assistant United States Attorney
Detailee – Federal Major Crimes
United States Attorney’s Office
for the District of Columbia
Telephone No . (314) 539-3995
anthony.franks@usdoj.gov
CERTIFICATE OF SERVICE
On this 16th day of March, 2021, a copy of the foregoing was served on counsel of
record for the defendant via the Court’s Electronic Filing System.
/s/
Anthony L. Franks
Assistant United States Attorney
Case 1:21-cr-00131-PLF Document 22-1 Filed 03/16/21 Page 1 of 2
U.S. Department of Justice
Channing D. Phillips
Acting United States Attorney
District of Columbia
Judiciary Center
555 Fourth St., N.W.
Washington, D.C. 20530
March 3, 2021
Eugene Ohm
FEDERAL PUBLIC DEFENDER
FOR THE DISTRICT OF COLUMBIA
625 Indiana Avenue, NW, Suite 550
Washington, DC 20004
Re: United States v. Jason and Chrisine Gerding
Case No. 1:21-cr-00131-PLF
Dear Mr. Ohm:
Enclosed as preliminary discovery in this case served by USAFx, are the following
materials:
a. Images of the Gerding house;
b. Two images of Jason and Christine Gerding inside of the Capitol;
c. The Gerdings property records;
Due to the extraordinary nature of the January 6, 2021 Capitol Attack, the government
anticipates that a large volume of materials may contain information relevant to this prosecution.
These materials may include, but are not limited to, surveillance video, statements of similarly
situated defendants, forensic searches of electronic devices and social media accounts of
similarly situated defendants, and citizen tips. The government is working to develop a system
that will facilitate access to these materials. In the meantime, please let me know if there are any
categories of information that you believe are particularly relevant to your client.
Please contact me if you have any issues accessing the information, and to confer
regarding pretrial discovery as provided in Fed. R. Crim. P. 16.1.
Additional materials will be provided after the entry of a Protective Order in this
case.
Case 1:21-cr-00131-PLF Document 22-1 Filed 03/16/21 Page 2 of 2
I recognize the government’s discovery obligations under Brady v. Maryland, 373 U.S.
83 (1963), its progeny, and Rule 16. I will provide timely disclosure if any such material comes
to light. Consistent with Giglio, Ruiz, and 18 U.S.C. § 3500, I will provide information about
government witnesses prior to trial and in compliance with the court’s trial management order.
I request reciprocal discovery to the fullest extent provided by Rule 16 of the Federal
Rules of Criminal Procedure, including results or reports of any physical or mental examinations,
or scientific tests or experiments, and any expert witness summaries. I also request that
defendant disclose prior statements of any witnesses defendant intends to call to testify at any
hearing or trial. See Fed. R. Crim. P. 26.2; United States v. Nobles, 422 U.S. 255 (1975). I
request that such material be provided on the same basis upon which the government will
provide defendant(s) with materials relating to government witnesses.
Additionally, pursuant to Federal Rules of Criminal Procedure 12.1, 12.2, and 12.3, I
request that defendant(s) provide the government with the appropriate written notice if defendant
plans to use one of the defenses referenced in those rules. Please provide any notice within the
time period required by the Rules or allowed by the Court for the filing of any pretrial motions.
I will forward additional discovery as it becomes available. If you have any questions,
please feel free to contact me.
Sincerely,
/s/ Anthony L. Franks
Anthony L. Franks
Assistant United States Attorney
Enclosures
cc:
2
Case 1:21-cr-00131-PLF Document 22-2 Filed 03/16/21 Page 1 of 2
U.S. Department of Justice
Channing D. Phillips
Acting United States Attorney
District of Columbia
Judiciary Center
555 Fourth St., N.W.
Washington, D.C. 20530
March 3, 2021
Jerry Ray Smith , Jr.
JERRY RAY SMITH, JR., ATTORNEY AT LAW
717 D Street, NW
Suite 310
Washington, DC 20004-2812
Re: United States v. Jason and Chrisine Gerding
Case No. 1:21-cr-00131-PLF
Dear Mr. Smith:
Enclosed as preliminary discovery in this case served by USAFx, are the following
materials:
a. Images of the Gerding house;
b. Two images of Jason and Christine Gerding inside of the Capitol;
c. The Gerdings property records;
Due to the extraordinary nature of the January 6, 2021 Capitol Attack, the government
anticipates that a large volume of materials may contain information relevant to this prosecution.
These materials may include, but are not limited to, surveillance video, statements of similarly
situated defendants, forensic searches of electronic devices and social media accounts of
similarly situated defendants, and citizen tips. The government is working to develop a system
that will facilitate access to these materials. In the meantime, please let me know if there are any
categories of information that you believe are particularly relevant to your client.
Please contact me if you have any issues accessing the information, and to confer
regarding pretrial discovery as provided in Fed. R. Crim. P. 16.1.
Additional materials will be provided after the entry of a Protective Order in this
case.
Case 1:21-cr-00131-PLF Document 22-2 Filed 03/16/21 Page 2 of 2
I recognize the government’s discovery obligations under Brady v. Maryland, 373 U.S.
83 (1963), its progeny, and Rule 16. I will provide timely disclosure if any such material comes
to light. Consistent with Giglio, Ruiz, and 18 U.S.C. § 3500, I will provide information about
government witnesses prior to trial and in compliance with the court’s trial management order.
I request reciprocal discovery to the fullest extent provided by Rule 16 of the Federal
Rules of Criminal Procedure, including results or reports of any physical or mental examinations,
or scientific tests or experiments, and any expert witness summaries. I also request that
defendant disclose prior statements of any witnesses defendant intends to call to testify at any
hearing or trial. See Fed. R. Crim. P. 26.2; United States v. Nobles, 422 U.S. 255 (1975). I
request that such material be provided on the same basis upon which the government will
provide defendant(s) with materials relating to government witnesses.
Additionally, pursuant to Federal Rules of Criminal Procedure 12.1, 12.2, and 12.3, I
request that defendant(s) provide the government with the appropriate written notice if defendant
plans to use one of the defenses referenced in those rules. Please provide any notice within the
time period required by the Rules or allowed by the Court for the filing of any pretrial motions.
I will forward additional discovery as it becomes available. If you have any questions,
please feel free to contact me.
Sincerely,
/s/ Anthony L. Franks
Anthony L. Franks
Assistant United States Attorney
Enclosures
cc:
2
Case 1:21-cr-00131-PLF Document 22-3 Filed 03/16/21 Page 1 of 2
U.S. Department of Justice
Channing D. Phillips
Acting United States Attorney
District of Columbia
Judiciary Center
555 Fourth St., N.W.
Washington, D.C. 20530
March 16, 2021
Eugene Ohm
FEDERAL PUBLIC DEFENDER
FOR THE DISTRICT OF COLUMBIA
625 Indiana Avenue, NW, Suite 550
Washington, DC 20004
Re: United States v. Jason and Chrisine Gerding
Case No. 1:21-cr-00131-PLF
Dear Mr. Ohm:
In accordance with Rule 16 of the Federal Rules of Criminal Procedure, and as otherwise
required by law (e.g., Brady v. Maryland, 373 U.S. 63 (1963), United States v. Giglio, 405 U.S.
150 (1972)), the Government has produced preliminary discovery through USAfx File no.
3370093, which contains video recordings and images in separate folders labeled as 1B1- Images
and 1B1- Video.
Due to the extraordinary nature of the January 6, 2021 Capitol Attack, the government
anticipates that a large volume of materials may contain information relevant to this prosecution.
These materials may include, but are not limited to, surveillance video, statements of similarly
situated defendants, forensic searches of electronic devices and social media accounts of
similarly situated defendants, and citizen tips. The government is working to develop a system
that will facilitate access to these materials. In the meantime, please let me know if there are any
categories of information that you believe are particularly relevant to your client.
Please contact me if you have any issues accessing the information, and to confer
regarding pretrial discovery as provided in Fed. R. Crim. P. 16.1.
Additional materials will be provided after the entry of a Protective Order in this
case.
Case 1:21-cr-00131-PLF Document 22-3 Filed 03/16/21 Page 2 of 2
I recognize the government’s discovery obligations under Brady v. Maryland, 373 U.S.
83 (1963), its progeny, and Rule 16. I will provide timely disclosure if any such material comes
to light. Consistent with Giglio, Ruiz, and 18 U.S.C. § 3500, I will provide information about
government witnesses prior to trial and in compliance with the court’s trial management order.
I request reciprocal discovery to the fullest extent provided by Rule 16 of the Federal
Rules of Criminal Procedure, including results or reports of any physical or mental examinations,
or scientific tests or experiments, and any expert witness summaries. I also request that
defendant disclose prior statements of any witnesses defendant intends to call to testify at any
hearing or trial. See Fed. R. Crim. P. 26.2; United States v. Nobles, 422 U.S. 255 (1975). I
request that such material be provided on the same basis upon which the government will
provide defendant(s) with materials relating to government witnesses.
Additionally, pursuant to Federal Rules of Criminal Procedure 12.1, 12.2, and 12.3, I
request that defendant(s) provide the government with the appropriate written notice if defendant
plans to use one of the defenses referenced in those rules. Please provide any notice within the
time period required by the Rules or allowed by the Court for the filing of any pretrial motions.
I will forward additional discovery as it becomes available. If you have any questions,
please feel free to contact me.
Sincerely,
/s/ Anthony L. Franks
Anthony L. Franks
Assistant United States Attorney
Enclosures
cc:
2
Case 1:21-cr-00131-PLF Document 22-4 Filed 03/16/21 Page 1 of 2
U.S. Department of Justice
Channing D. Phillips
Acting United States Attorney
District of Columbia
Judiciary Center
555 Fourth St., N.W.
Washington, D.C. 20530
March 16, 2021
Jerry Ray Smith , Jr.
JERRY RAY SMITH, JR., ATTORNEY AT LAW
717 D Street, NW
Suite 310
Washington, DC 20004-2812
Re: United States v. Jason and Chrisine Gerding
Case No. 1:21-cr-00131-PLF
Dear Mr. Smith:
In accordance with Rule 16 of the Federal Rules of Criminal Procedure, and as otherwise
required by law (e.g., Brady v. Maryland, 373 U.S. 63 (1963), United States v. Giglio, 405 U.S.
150 (1972)), the Government has produced preliminary discovery through USAfx File no.
3370093, which contains video recordings and images in separate folders labeled as 1B1- Images
and 1B1- Video.
Due to the extraordinary nature of the January 6, 2021 Capitol Attack, the government
anticipates that a large volume of materials may contain information relevant to this prosecution.
These materials may include, but are not limited to, surveillance video, statements of similarly
situated defendants, forensic searches of electronic devices and social media accounts of
similarly situated defendants, and citizen tips. The government is working to develop a system
that will facilitate access to these materials. In the meantime, please let me know if there are any
categories of information that you believe are particularly relevant to your client.
Please contact me if you have any issues accessing the information, and to confer
regarding pretrial discovery as provided in Fed. R. Crim. P. 16.1.
Additional materials will be provided after the entry of a Protective Order in this
case.
Case 1:21-cr-00131-PLF Document 22-4 Filed 03/16/21 Page 2 of 2
I recognize the government’s discovery obligations under Brady v. Maryland, 373 U.S.
83 (1963), its progeny, and Rule 16. I will provide timely disclosure if any such material comes
to light. Consistent with Giglio, Ruiz, and 18 U.S.C. § 3500, I will provide information about
government witnesses prior to trial and in compliance with the court’s trial management order.
I request reciprocal discovery to the fullest extent provided by Rule 16 of the Federal
Rules of Criminal Procedure, including results or reports of any physical or mental examinations,
or scientific tests or experiments, and any expert witness summaries. I also request that
defendant disclose prior statements of any witnesses defendant intends to call to testify at any
hearing or trial. See Fed. R. Crim. P. 26.2; United States v. Nobles, 422 U.S. 255 (1975). I
request that such material be provided on the same basis upon which the government will
provide defendant(s) with materials relating to government witnesses.
Additionally, pursuant to Federal Rules of Criminal Procedure 12.1, 12.2, and 12.3, I
request that defendant(s) provide the government with the appropriate written notice if defendant
plans to use one of the defenses referenced in those rules. Please provide any notice within the
time period required by the Rules or allowed by the Court for the filing of any pretrial motions.
I will forward additional discovery as it becomes available. If you have any questions,
please feel free to contact me.
Sincerely,
/s/ Anthony L. Franks
Anthony L. Franks
Assistant United States Attorney
