NORMAN L. VROMAN
Lawyer
c/o General Delivery
Hopland, California

IN PROPRIA PERSONA









                UNITED STATES DISTRICT COURT

              NORTHERN DISTRICT OF CALIFORNIA


UNITED STATES OF AMERICA        )    No. 91 0213 EFL
                                )
                                )    MOTION FOR BILL OF
                                )       PARTICULARS
     PLAINTIFF,                 )
                                )
     v.                         )
                                )
NORMAN LEON VROMAN              )
                                )
     DEFENDANT.                 )
________________________________)


               MOTION FOR BILL OF PARTICULARS

 Because  the indictment in this matter is totally devoid of

any reference  to Title  26, IRC  setting forth the statute,

code or  regulation imposing  a requirement to file a return

or imposing  a tax liability upon the defendant, and because

the defense  in this  case rests  in a  large part  upon the

Plaintiff's failure  to comply  with Title 44 U.S.C. 3501 et

seq and  Title 5  U.S.C. 552  et seq,  defendant MOVES  THIS

COURT for  an order  directing the  prosecution to  file and

serve a  written Bill  of Particulars, stating the following

so that the defendant may adequately prepare his defense:


                Motion for Bill of Particulars:
                          Page 1 of 9


     1.   Counts I - V  in  the  indictment  allege that the

defendant failed  to  make  an  income  tax  return  to  the

Director  of  District  Director  of  the  Internal  Revenue

Service  (IRS).  With  reference  to  each  such  count  the

defendant requests the following information:

     a. Cite  the specific  Return which  the  defendant  is

alleged to have failed to make;

     b. Cite  the specific and relevant authority that would

authorize the  Director or  District Director  of the IRS to

require the defendant to make a return;

     c. Cite  the Office  of  Management  and  Budget  (OMB)

Clearance  Number   assigned  to   the   Return   form   and

instructions for  completing said  form as required by Title

44 USCA, sections 3501 - 3520 inclusive;

     d. If  the government  is relying  on IRC section 6012,

cite the  date of publication of the returns, statements and

lists in  the Federal  Register as required by Title 5 USCA,

section 522.

     e. With respect to the Director or District Director of

the Internal  Revenue Service,  state with particularity the

Division to  which said Director or District Director of the

Internal Revenue are assigned;

     2. Counts II - V of the indictment allege that the

defendant received "Gross Income." With reference to such

counts, the defendant requests the following information:

     a. State  in concise  and particular detail the taxable

charged activity  in which  it is alleged that the defendant

was engaged;


                Motion for Bill of Particulars:
                          Page 2 of 9


     b. The cite to the specific federal tax Regulation that

levies a  tax upon the activities in which the defendant was

engaged;

     3. Counts  II -  V of  the indictment  allege that  the

defendant was  obligated to  state specifically the items of

his gross  income and any deductions and credits to which he

was  entitled.  With  reference  to  each  such  count,  the

defendant requests the following information:

     a.  The   cite  of  the  federal  tax  Regulation  that

expressly entitles  persons such  as the defendant to earned

income deductions and credits.

     4. Counts  I -  V of  the indictment  allege  that  the

defendant was  "required by  law" to make a return. Cite the

specific Code,  Statute  or  Regulation  that  requires  the

making of such a return.

     5. Count I of the indictment alleges that the defendant

falsely  claimed   that  he   was  exempt  from  income  tax

withholding requirements. With reference to that allegation,

defendant requests the following information:

     a. Cite the Code, Statute or Regulation which imposed a

income tax withholding requirement upon the defendant.


     WHEREFORE the defendant moves the court to grant this

motion. The  defendant  further  respectfully  requests  the

court, if  and to  the extent it exercises its discretion in

denying any  part or  aspect of  the foregoing  requests, to

indicate in  terms that  appear on the record, the basis and

the reason  or reasons  for exercising  its discretion in so

denying said  requests. United  States v.  Wells (7th  Cir.,

1967) 387 F.2d 807.


                Motion for Bill of Particulars:
                          Page 3 of 9


            POINTS AND AUTHORITIES IN SUPPORT OF
               MOTION FOR BILL OF PARTICULARS

                             I.

                  DEFENDANT WILL BE UNABLE
                TO ADEQUATELY DEFEND AGAINST
                THE INSTANT CHARGES WITHOUT
           FURTHER PARTICULARIZING OF ALLEGATIONS

     Rule 7(f)  of the  Federal Rules  of Criminal Procedure

provides that  the court  may direct the filing of a Bill of

Particulars upon  a motion  by the defendant.  The functions

of such a motion are to provide a defendant with information

about  the   details  of   the  charges   necessary  to  the

preparation of  the defense,  avoid prejudicial  surprise at

trial, and  protect against  a second prosecution based upon

the same  set of  facts.  Yeargain v. United States 314 F.2d

881, 882  (9th Cir.1963);  United States v. Bearden 423 F.2d

805, 8098 (5th Cir.1970), cert. denied, 400 U.S. 836.

     As originally promulgated, Rule 7(f) required a showing

of cause  before a  Bill would  lie.   That requirement  was

stricken by  the amendment  of  1966,  which  was  expressly

designed "to encourage a more liberal attitude by the courts

towards bills  of particulars."   See  Rule  7(f),  Advisory

Committee note to the 1966 amendment.

     The  granting,   or  refusal   to  grant,   a  Bill  of

Particulars is  a matter  within the discretion of the trial

court.   United States  v. Dreitzler  572 F.2d 539, 553 (9th


                Motion for Bill of Particulars:
                          Page 4 of 9


Cir. 1978).   The test in ruling on such a motion is whether

deprivation  of  the  information  sought  will  render  the

defendant unable  to prepare  a defense,  avoid surprise, or

avoid later  risking double  jeopardy.    United  States  v.

Addonizio 451  F.2d 49,  63-64 (3d  Cir.1971), cert.den. 405

U.S. 936.  A defendant should not be deprived of information

needed to  prepare a defense, simply because the information

might be used by the government as evidence.   United States

v. Crisona 271 F.2d 156 (S.D.N.Y.1967).

     Moreover, a  motion for a Bill of Particulars cannot be

denied on  the theory  a defendant  "knows" what  he or  she

"did."   Such a ruling effectively stands the presumption of

innocence  on  its  head,  in  assuming  the  defendant  has

knowledge of  his own  acts, which  were in  fact  "guilty."

See, United  States  v.  Tanner  279  F.Supp.  683,  695-696

(D.Del.1971).

     Although a  defendant may not use a Bill of Particulars

to ascertain  all  of  the  evidence  which  the  government

intends to  produce, a  defendant is  entitled to  know  the

theory of  the government's  case as to each count. Yeargain

v. United  States, supra,  314 F.2d at 882.  As noted in the

Opinion of  Judge   Whittaker, cited  with approval  in  the

advisory committee note to the 1966 amendment to Rule 7(f):

     It  seems   quite  clear   that  where  charges  in  an
     indictment are so general that they do not sufficiently
     advise the defendant of the specific acts with which he
     is charged, a bill of particulars should be ordered.

          United  States   v.  Smith   16  F.R.D.  372,  375
          (W.D.Mo.1954).


                Motion for Bill of Particulars:
                          Page 5 of 9


     Moreover,  because   a  Bill   of  Particulars   has  a

fundamental connection  to  the  Sixth  Amendment  right  to

defend, doubt  must be  resolved in  favor of disclosure and

the public interest in giving the accused the right to mount

a defense.  United States  v. Tanner,  supra, 279 F.Supp. at

474;   United States  v. Manetti, supra, 323 F.Supp. at 696.

Notably, prejudice  to the  defendant has  been  defined  by

Justice Rehnquist  to be  the "impairment  of the ability to

mount a  defense."   United States  v. Valenzuela-Bernal 458

U.S. 858, 869 (1982).

     The  instant  Indictment  contains  the  very  form  of

generalized charges  against which  a Bill of Particulars is

designed to  protect.   Without  further  particularization,

defendant Brandon  will not  be able  to fully  exercise his

Sixth Amendment rights to a fair trial.

                            II.

     THE INDICTMENT HEREIN DOES NOT ADEQUATELY APPRISE
           THE DEFENDANT OF THE NATURE AND SCOPE
                OF THE CHARGES AGAINST HIM.

     The charges in the Indictment herein are glaringly void

of  requisite   information  concerning  the  specific  acts

involved.  The charges in no way enable the preparation of a

defense.   All information  requested herein is essential to

remedy the  Indictment's deficiencies  in allowing defendant

to prepare a defense.

     In evaluating  any defendant's  motion for  a  Bill  of

Particulars,  the   court  is   called  upon   to   make   a

"particularized  decision"  which  takes  into  account  the

amount of  facts stated  in the charging document before the

court.  United   States  v.  Thevis  474  F.Supp.  117,  123

(N.D.Ga.1979);   United States  v. Barket  380 F.Supp. 1018,

1021 (W.D.Mo.1974).


                Motion for Bill of Particulars:
                          Page 6 of 9


     It is  well-established that  a defendant should not be

deprived of a Bill of Particulars simply because he requests

information  which  might  be  used  by  the  government  as

evidence.   United States  v. Crisona, supra, 271 F.Supp. at

156.
                            III.

          THE SIXTH AMENDMENT MANDATES DISCLOSURE
         OF THE FACTUAL INFORMATION SOUGHT HEREIN.

     A Bill  of Particulars,  unlike most criminal discovery

devices, directly implicates the Sixth Amendment's guarantee

of the  right to  make a  vigorous and prepared defense in a

criminal case.   See,  United States  v. Tanner,  supra, 279

F.Supp. at 473-74.

     When   the    charging   document    lacks   sufficient

particularity to  allow a defendant to prepare a defense, as

here, the  defendant's ability to confront adverse witnesses

and  to  use  compulsory  process  is  seriously  inhibited.

Obviously, due  process requires that an accused receive the

opportunity to  defend,  including  being  able  to  examine

witnesses, offer  evidence in defense, and be represented by

a fully  prepared trial counsel.  See, In re Oliver 333 U.S.

257 (1948).   Denial  of the  right to defend is an error of

constitutional magnitude,  requiring proof  that  the  error

involved was harmless beyond a reasonable doubt.  Chapman v.

California 386 U.S. 18, 23-24 (1967).


                Motion for Bill of Particulars:
                          Page 7 of 9


     Therefore, any  judicial doubt  concerning  defendant's

request for Bill of Particulars must be resolved in favor of

disclosure, due to the public interest in giving the accused

a right  to mount  a defense.   United  States  v.  Manetti,

supra, 323  F.Supp. at  696.   Impairment of  the ability to

mount a  defense constitutes  prejudice.   United States  v.

Valenzuela- Bernal, supra, 458 U.S. at 869.


                         CONCLUSION

     Any attempt  to  defend  against  the  charges  in  the

Indictment without  further particularization will result in

manifest prejudice to defendant.

     For  the   reasons  stated   above,   this   court   is

respectfully requested  to grant  this motion  for a Bill of

Particulars in order to avoid that prejudice and a violation

of defendant's constitutional right to a fair trial.

Dated:


Respectfully submitted,

/s/ Norman Vroman
____________________
NORMAN L. VROMAN
In Propria Persona


                Motion for Bill of Particulars:
                          Page 8 of 9


                   CERTIFICATE OF SERVICE

     It is  hereby certified that a true and correct copy of
the foregoing  was  hand  delivered  to  the  United  States
Attorney, at  his respective  office, on  this 16th  day  of
July, 1991.


/s/ Norman Vroman
____________________
NORMAN L. VROMAN


                Motion for Bill of Particulars:
                          Page 9 of 9


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U.S.A. v. Vroman