Current Status

Official Correspondence & Case Analysis

Randeep S. Mann, MD

BOP #24775-009

United States Penitentiary

P O Box 24550

Tucson, AZ, 85734

Date: December 10, 2018

Inspector General Of The United States

Department Of Justice

Investigations Division

950 Pennsylvania Ave., NW

Washington, DC, 20530-0001

RE: Case No: 4-09-CR-00099-BSM, United States v Randeep S. Mann
  • The Fabrication And Planting Of Evidence By The Government/ ATF Agent(s) And Their Confederates, Where A Box Of 40mm HE Grenades Was Planted Near My House And Used By The Government To Obtain A Search Warrant Of My House, Offices And Property, To Incarcerate Me Prior To Trial, Deny Me Bond, Obtain My Conviction And That Of My Spouse On Obstruction Of Justice Charges, All Consistent With "Fraud On The Courts".
  • Coverup By The District Court And The Eighth Circuit Court Of Appeals In An Attempt To Keep The "Fraud On The Courts" From Being Litigated And Hence Exposed, Even Going As Far As Calling The Overtly Fabricated Evidence As Being "Overwhelming Evidence Of My Guilt", While At The Same Time Denying Me Any Form Of Hearing So As To Enable Me To Expose The Government's Egregious Conduct.
  • Prosecutorial Misconduct By The United States Attorneys And Assistant United States Attorneys, Eastern District Of Arkansas Who Along With Their Confederates In Law Enforcement Suborned Perjured Testimony From Numerous Individuals, Knowingly Using It In The Legal Proceedings, Having The Executive Office For United States Attorneys Withhold Data And Documents From Me Till My 2255/ PCR Motion Was Submitted, And More.
  • The Continued Withholding By The Executive Office For United States Attorneys Of Data And Documents That I Have Sought Since May 13, 2013, That Were Withheld By The Government In Violation Of Brady And Giglio.

Dear Inspector General,

Having exhausted all available options available to me, despite my having exhibited due diligence to obtain exculpatory data and documents pertaining to me, which would have assisted me in my establishing my innocence, my efforts continue to be thwarted and stonewalled leaving me with no option other than to plead for your assistance in;

a) having the issues that I am alluding to investigated, and

b) obtaining the data and documents that I have sought from the EOUSA, ATF, and USMS which would greatly assist with the relevant investigations.

Other than that, I have been left with no option but to involve the media, a step that would only make this quest of mine a dog and pony show, something that would be nothing but counterproductive in the long run. Recently there has been much in the news media pertaining to the elaborate planning, execution and coverup by the Saudi Government and its Crown Prince Muhammed Bin Salman in the killing of one of its citizens, Jamal Khashoggi. The egregiousness of that act is along the same lines as to what the United States Government did in my case, with perhaps the only difference being that unlike Jamal Khashoggi, I am still alive even though serving a life sentence in a United States Penitentiary.

Background:

My targeting by the ATF Agents and their confederates from other State and Federal LE agencies began shortly after I moved to London, Arkansas in late 1999 setting up my Medical practice in adjoining Russellville, Arkansas, when Special Agent of the ATF Warren Newman came under the mistaken belief that his niece, Ellie Harris had overdosed on medications that were obtained from me and that I was somehow responsible for his divorce.

Numerous "Sting Operations" were conducted by Agent Newman and his confederates in an attempt to make me violate the law over the ensuing years. All of them were aborted as they were unsuccessful in their goal of making me succumb to them.

On February 3, 2009 explosion in West Memphis, Arkansas led to Dr. Pierce being injured. A month later a box of 40mm HE grenades was "found and excavated" by two individuals, Mark Rinke and Ryan Kimbell. There was vehement testimony from them at my trial in that:

  • a) the box that contained 98 40 mm HE grenades were completely buried in the ground
  • b) that it took them 20 mins of excavation to get it out of the ground and
  • c) that the pictures of the scene of the "finding" were taken by Officer Smith of the Arkansas Police few minutes later after the 911 call was placed.

The photographs were evaluated by three PhDs in the fields of Soil Science / Geology, Botany and Photogrammetry. In addition, there was a Crime Scene Recreation at the same site of the "finding" where an identical box was buried and subsequently excavated.

1. Dr. West (Soil Science / Geology) Observed that the soil surrounding the depression in the Government's pictures was tan to brown in color, whereas the soil in the clearing was red clay which was below 3-5". That was identical to the soil surrounding the 2014 scene recreation where the hole was large enough to hold the container. The soil surrounding the depression appeared to have been "walked-on or rained on for some time" concluding that the hole in the Government pictures was not "freshly dug".

2. Professor Dr. Spiegel (Botany) Found the soil in the depression in the Government's pictures to be "clearly weathered, more than would be consistent" with its having been "opened in the previous few hours". The depression in the Government's exhibits is "not a freshly dug or freshly opened hole, but... had been open for at least several weeks before the pictures were taken". It would have taken that long for the leaves in the hole to be consistent with those surrounding the hole. In addition, the leaves in the bottom of the hole in the Government's pictures are "substantially less flattened and fragmented" than those for only two days under a weighted canister of the same size and shape as the actual exhibit when it contained 98 grenades.

3. Professor Dr. Hung (Photogrammetry) Used photogrammetry to extrapolate from a) the length in pixels- and hence inches- of objects of known dimensions in Government's pictures to b) the dimensions of the depression. Using an ATF ruler and a piece of in the Government's exhibits as reference objects, he calculated that the depression "could be no more than 10.231 inches deep", which would have been the hypotenuse, the side wall of the depression, and not even the vertical depth.

The Government could not obtain expert opinions in any field to refute what the experts have stated based on scientific facts and principles.

The issue is rather basic and even a fifth grader of average intelligence could infer that a) there was no excavation, let alone 20 minutes of it as Rinke and Kimbell had claimed b) that the hole was not a few minutes old but rather an old depression that had existed at the site for weeks or months and c) that it was not big enough to have contained within it in its entirety a box the size depicted in the Government's pictures, the box being 18.5" in length, 7.5" in width and 14-15" in height as its internal dimensions.

The Eighth Circuit Court Of Appeals claimed this very fabricated evidence as being "overwhelming evidence of guilt". The District Court refused to allow an Evidentiary Hearing on this matter which would have answered a lot of questions about the "fabrication and planting" of the evidence which would have been scandalous, exposing egregious conduct of the ATF Officers, AUSAs and the individuals who participated in the endeavor which was clearly and convincingly a "Fraud On The Courts".

This coverup is no less egregious than the planning, killing and the coverup associated with the killing of Jamal Khashoggi by Government entities, with the only difference being that in my case there was an attempt to legitimize it through the Court system. In denying me even an Evidentiary Hearing, the District Court stated a) that I was time barred in raising the 5th Amendment Violation issue as my Trial/ Direct Appeal attorneys had not raised the issue in my Direct Appeal, and that I was now time barred, b) as regard to the 6th Amendment Violation as it related to Ineffective Assistance by my Trial Counsel, the Court ruled that not obtaining experts and raising the issue of evidence fabrication and its subsequent planting by Government entities would not have been believed by the Jury, making me appear as if I were a crank, something that would have led to my conviction of the more serious bombing charges, for which there was no evidence and c) I could raise the issue in a subsequent "Actual Innocence" claim, which would in any circumstance be a high hurdle to cross. With the Government withholding my FOIA data and document request and its various agencies withholding data under the guise of it being "Exempt" from being released makes my job of proving my innocence even harder, if not entirely impossible. This has become a Catch-22 issue for me despite the fact that the data I am seeking has been withheld from me in violation of Brady and Giglio, data that I was slated to receive prior to the commencement of my trial.

One does not have to be an Expert or hold a doctorate degree in any relevant field to apply common sense when viewing the Government presented pictures. In fact, even a fifth grader of average intelligence would come to the conclusion that the evidence presented by the Government was an impossibility. There is no way that individuals with superior IQs such as the United States District and Circuit Court Judges could have missed the overt findings of fraud. They simply just wanted to coverup for their Government confederates. There is no other plausible explanation for their turning a blind eye to such obvious findings.

Exhibit #1: The hole/ depression in this picture, taken from a distance of approx. 5 ft is not or barely discernable despite the claims of it being freshly dug. The date is 3/3/09 with the leaves having fallen in fall months earlier and not just minutes earlier while the "digging" was in progress or had been done. A freshly dug hole would have stood out like a sore thumb being visible from a great distance.

Exhibit #2: Another picture of the box in relation to the hole reveals as to the size discrepancy of the two. There is no possibility that a hole of the size depicted could even hold that box within it in its entirety. Again, the hole appears well camouflaged on account of the leaves having fallen in it over the past few months or weeks.

Exhibit #3: A close-up view of the hole reveals the dirt at the bottom to be wet. The leaves at the surface are dry whereas those deeper are moist. There is no physical trauma to any leaf. One leaf even shows evidence of decay. There is not a spoonful of dirt anywhere, let alone any evidence of 20 mins of excavation having taken place. Even a stick with a lichen growth on it has no dirt stain on it.

Exhibit #4: With the box having been removed, the dirt around the hole is noted to be dry, trampled and compacted on the right side of it. None appears at any other side where the carpet of leaves covers the forest floor and the hole. Any excavated dirt would have been wet in conformity with the dirt in the depths of the hole.

Exhibit #5: Another view with the box having been removed helps in comparing the dirt Rinke alleges to have excavated from the hole with the dirt in the hole. As is obvious the reddish dirt to the right is different both in composition and degree of hydration as compared to that in the hole making it obvious that the said dirt did not come from the hole minutes earlier.

The Government's deceit did not stop here. In the pictures taken the following day March 4, 2009 which were not introduced at trial it is painfully obvious that the ATF Agents, whose names were never divulged, tried to "freshen" the hole to make it appear to have been recently excavated to conform with the testimonies of Rinke and Kimbell.

In not granting any form of Hearing the District Court successfully kept issues from being litigated, investigated and hence exposed such as:

  1. Why there were no fingerprints or DNA of mine on the box or grenades?
  2. Why were there three sets of fingerprints on the box in question, and as to whom they belonged to, as none belonged to anyone known or associated with me?
  3. Whose fingerprints showed up on the other 5 boxes in my possession?
  4. Whose fingerprints were on 2 identical boxes possessed by Gerald Riley, a Government witness, who claimed to have dropped off the boxes in my garage in my absence months earlier?
  5. Why there were no fingerprints or DNA of Rinke and Kimbell on the box or grenades despite their not having used any protective gloves when they did their alleged "excavation"?
  6. Why were there fingerprints and DNA of ATF Agent Warren Newman on the grenades when he would have used gloves and protective clothing when he conducted his analysis? (This was the very same Agent who was responsible in conducting the Sting Operations, paying witnesses to render false testimony against me, trying to entrap me to violate the law and more.)
  7. Why the plastic sheeting that the box was wrapped in did not match the sheeting that I had in my possession or in my flower beds?
  8. Why the duct tape on the box did not match the duct tape that I had in my possession?
  9. Why there was no DNA from the fauna and flora in the woods on the grenades despite the fact that they had been allegedly removed from the box prior to AR State Police being called?
  10. Who all had or could have had access to the boxes as they lay in my garage, where Riley claimed to have placed them, if indeed the box did actually once belong to me?
  11. Who removed the box from my premises, and at whose behest, if indeed the box in the woods was one that Riley placed in my garage?
  12. How did the box come to be in the possession of Rinke and Kimbell as it certainly, as the forensic evidence and expert opinions showed, was not excavated from the hole in the woods?
  13. Who provided the 40mm HE grenades to Rinke and Kimbell?
  14. What was the actual source of the grenades?
  15. What instructions were given to Rinke and Kimbell, what promises were made to them, and what rewards were given to them for their role in the fabrication?
  16. Why the ATF still have the grenades in their possession, in violation of storage protocols when they were supposedly diverted from the US Army way back in the 1970s?
  17. Why the K-9 Who was capable of detecting explosives from the distance of a mile could not detect the presence of explosives in the "fabricated" hole?

There are more questions in this case than answers. This case has uncanny similarities to the much talked about Khashoggi case. Only the Government did not use a Bone Cutting Saw to do their coverup, they used the Court system in an attempt to show a degree of refinement over the Saudis.

I can assure you that no matter how hard you try, given your influence, power and position you will not be able to get either Ryan Kimbell, Mark Rinke or ATF Agent Warren Newman, the principle obvious actors in this crime to talk or interact with you. It does not take one to be a genius to figure out that a crime was committed by the Government and its confederates and their talking with you would defy the basic laws of self-preservation.

I would greatly appreciate it if you could either;

a) assist me in getting the FOIA data and documents from the Executive Office For United States Attorneys, United States Marshal's Office and the Bureau Of Alcohol, Tobacco and Firearms that I have been asking for since May 2013, as my requests even after my showing a "Compelling Need" for them continue to be ignored, or

b) have investigated / investigate the matter of "fabrication and the planting" of evidence resulting in Fraud On The Courts. I am willing to cover the cost of any investigation into this matter which borders on being a Human Rights violation by Officers of our Government.

This is only the tip of the iceberg as there are numerous other issues that arose when the Government chose to alter the facts to make the means justify the end. Do contact me if you have any questions or queries or if I could assist you in any way.

Yours sincerely,

[Signature Placeholder]

Randeep S. Mann, MD

I, Randeep Singh Mann, MD, declare under penalty of perjury, as authorized by 28 USC §1746 that the foregoing is true and correct to the best of my knowledge and belief.

Dated:

December 10, 2018

Signed:

[Signature Placeholder]

Randeep S. Mann, MD

BOP #24775-009