◆ SpookStack

70 Nos. 77-1698, 77-1210 & 77-1370 made a “mistake” in allowing the federal defendants to determine the relevancy of the documents. He thereupon ordered the complete O’Neal and plaintiffs’ files main- tained by the FBI to be turned over to plaintiffs as well as the counterintelligence documents which plaintiffs had previously sought. In response to the order, Govern- ment counsel turned over approximately 100 documents which contained many deletions. Hearings were held to determine the propriety of the deletions. The court sustained all deletions which did not mention the BPP directly. On February 2 plaintiffs moved to reopen discovery in order to depose the FBI defendants and other agents. Three days later plaintiffs again issued a trial subpoena on Held, this time requesting certain documents relating to the case, including those concerning the Racial Matters Squad and payments to O’Neal. Government counsel moved to quash the subpoena and Assistant United States Attorney Kanter represented to the court that the plaintiffs would be furnished the entire O’Neal file, including all information concerning payments to him. On February 26 the FBI completed its turnover of the O’Neal documentary material, and again it was represented that this constituted the complete file. At a later date Mitchell was called to the stand. Prior to his testimony, plaintiffs asked for a hearing to review the Government’s deletions in certain documents which had been furnished. During the hearings relevant documents which had not been produced were dis- covered to exist in the Government’s files. Moreover, after Mitchell took the stand he volunteered certain in- formation allegedly supplied by O’Neal that was not con- tained in any document which had been produced by the Government. The court ordered Mitchell to search for the document. Kanter again represented that the com- plete O’Neal file had been furnished. While Mitchell was still on the stand, he reported that he had found the document in a FBI file relating to a BPP member who lived in Rockford, Illinois. Mitchell conceded that the document should have been placed in the Hampton or O'Neal files but that it had not been located there. Plain-