◆ SpookStack

Nos. 77-1698, 77-1210 & 77-1370 71 tiffs then moved for the complete Hampton and O’Neal files to be brought into open court. The court granted the request. Although Kanter admitted that the O’Neal documents were indeed located in the Hampton and oN files, he excused the nonproduction as an over- sight. Despite the court’s order, Kanter produced only one volume of the O’Neal file. Thereupon the judge ordered that the entire files on Hampton, O’Neal, the plaintiffs, and the BPP be brought into the courtroom. The Government responded that there were 135 volumes of files which responded to the court’s order. The next morn- ing the Government produced nearly 200 volumes of files in open court. Although acknowledging that the documents should have been produced earlier, the judge stated that he deemed it a mistake or negligence on the part of the FBI in failing to comply with his order. He informed the jury that they were to “blame him” rather than the parties or their attorneys. Plaintiffs moved for sanctions, including holding the Government attorneys in contempt. The judge refused to hear the motions, in- dicating that he would defer any hearings until after the trial. The judge, however, said that he would allow plaintiffs to recall the federal defendants to the witness stand in order to examine them on documents which plaintiffs did not have at the time of the witnesses’ ex- aminations.*® Plaintiffs asked that the trial be suspended until all the documents had been produced. The judge denied the request. On April 8, three months after the trial began, Government counsel completed the turnover to plaintiffs of the twelve volumes of Hampton files and sixteen volumes of O’Neal files. One of the O’Neal files con- tained a document written by Piper claiming FBI credit for the December 4 raid and asking that the FBI pay a bonus to O’Neal for his furnishing the floorplan of the apartment and setting up the raid. At that point the Government’s entire turnover consisted of fifty volumes of documents, of which plaintiffs had received about six 43 In March 1977 the trial judge changed his position and refused to permit plaintiffs to reexamine Johnson and Mitchell.