1638
468
of the informant had failed,
1634
Weaver's attorneys requested
this information in a pretrial motion as well as any evidence
that would affect the bias or credibility of the informant
including "any promises of consideration given to the
informant."
1635
On March 28, 1993, the government responded to
this motion and refused to provide the requested information
citing the untimeliness of the motion and the risks that
disclosure posed on the informant.
1636
Thereafter, on April
12th,
the court ordered the government to provide the requested
information.
On April 13, the first day of trial, the Government
identified the informant as Kenneth Fadeley. With respect to any
compensation paid to Fadeley, the government stated, "Mr. Fadley
[sic] has received reimbursement for expenses in the approximate
amount of $500.00, but no
salary."
1637
[
]
Kenneth Fadeley began testifying on April 19 and continued
into April 20 at which time defense counsel began cross examining
him. Toward the end of the cross examination, defense counsel
inquired about the compensation that Fadeley had received for his
work on the Weaver matter. Fadeley testified that when he works
for BATF he is paid for expenses which would include such items
as gas and food. He could not recall how much money BATF paid
him for expenses in
198 6
but agreed that it was greater that
$1.00 but less than $10,000.
1639
From 1987-1989, BATF paid
Fadeley for "just" expenses but he was unable to recall the
1634
See Affidavit of Charles F. Peterson in United States v.
Weaver,
No. CR 92-080-EJL, dated March 17, 1993.
1635
See Weaver Motion to Compel Identity of Informant,
Crimial Record, and Matters Affecting Bias or Credibility, in
United States v. Weaver, filed March 17, 1993.
1636
Government Response to Motion to Compel Identity of
Informant, Criminal Record, and Matters Affecting Bias or
Credibility, in United States v. Weaver, filed March 26, 1993.
1637
Addendum to Response to Motion to Compel Identity of
Informant, Criminal Record, and Matters Affecting Bias or
Credibility and Order to Seal
(sealed),
in United States v.
Weaver,
April 13, 1993, at 2.
1638
[
]
1639
Trial Testimony of Kenneth Fadeley, April 20, 1993, at
152-54.