United States District Court
for the District of Massachusetts

UNITED STATES       )
- vs - )   Criminal Docket
  )   #98-10079-REK
JOHN F. SWEENEY, JR.,)
Defendant.                    )


MOTION FOR RETURN OF PROPERTY
AND TO SUPPRESS ALL EVIDENCE


        COMES NOW JOHN F. SWEENEY, JR. ("John Sweeney" or "Mr. Sweeney" or "the Defendant"), made Defendant herein, joined by Rhetta Sweeney, Richard Gunn and Greg Bluhm, and pursuant to Fed.R.Crim.P. Rule 41(c)(2)(e), Rule 12, and Rule 47, and respectfully move this Honorable Court for the Return of Property, to Suppress all Evidence in this case, and for an Evidentiary Hearing and in support show:
        1. John Sweeney is a person who has been aggrieved by unlawful searches from February 27, 1998 to March 1, 1998 and at other times previously, by one or more agents, employees and/or contractors of the U.S. government; John Sweeney has also been aggrieved by multiple unlawful seizures, and by multiple unlawful deprivations of properties by one or more agents, employees and/or contractors of the U.S. government including the unlawful seizure and deprivation of all real and personal properties at 776 Bay Road and 24 Meyer Lane, Hamilton, Massachusetts, as more specifically set forth below in #4. John Sweeney is a person entitled to lawful possession of all the said property.
        2. Rhetta Sweeney, wife of John Sweeney, joins John Sweeney in this motion, as the rightful joint owner of all the aforesaid real and personal property at 24 Meyer Lane and 776 Bay Road, and a person also aggrieved by the same unlawful searches, seizures and deprivations, and thereby entitled to intervene in this cause and join in this Motion for Return of Property by right. Rhetta Sweeney is a person entitled to lawful possession of all the said property.
        3. Richard Gunn and Greg Bluhm also join in this motion for return of property as persons aggrieved by the unlawful searches, seizures and deprivations and who are thereby entitled to intervene in this cause and join in this motion by right. Richard Gunn and Greg Bluhm were the subjects of unlawful searches and seizures themselves between February 23, 1998 and February 28, 1998, and they are persons who are entitled to lawful possession of property including radios and radio equipment, antennas, televisions, remote controls, books, magazines, newspapers, clothing, dishes, pots and pans, linens, files and records, manuscripts, diaries, computer equipment and records, and other personal items, all of which were unlawfully seized by the US government between February 27, 1998 and March 1, 1998 and which have never been returned, valued at approximately $ 45,000.00.
        4. The property to be returned to John and Rhetta Sweeney consists of two houses (one at 776 Bay Road and the other at 24 Meyer Lane) and approximately 14 acres of land, together with an approved development plan, all valued at more than $3,000,000.00, and all of John and Rhetta Sweeney's household and life's belongings, within the houses, valued at more than $2,000,000.00, and all of which they seek to have returned to them immediately:
        (1) A three-story house at 24 Meyer Road and all its contents, some of which are shown by a videotape in the possession of the US government;
        (2) A three-story house at 776 Bay Road and all its contents, some of which are shown by a videotape in the possession of the US government;
        (3) A property development plan for six lots, with local planning committe approvals.
        (4) Impound fees and other moneys expended in fending off the entirely lawless actions of government actors from 1988 to the present, in the approximate amount of $ 2,500,000.00.
        (5) State Court Judgment in the approximate amount of $7 million (including interest) in the case Middlesex Superior Court Case #MACV89-2424, Sweeney v. Comfed.
        The facts are as set forth in the separate enumeration of facts by Affidavit of Linda Thompson in support of Motion for Return of Property, appended hereto and incorporated by reference as if fully set forth, together with all Exhibits in Support of Motions Filed by the Defendant on February 19, 1999. A separate Motion for Evidentiary Hearing has also been filed contemporaneously herewith.

b b b b b b

        WHEREFORE JOHN F. SWEENEY, JR, joined by Rhetta Sweeney, Richard Gunn and Greg Bluhm, pursuant to Fed.R.Crim.P. Rule 41(c)(2)(e), Rule 12, and Rule 47, respectfully move this Honorable Court for Return of Property, to Suppress all Evidence in this cause, and for an evidentiary hearing, and for all other relief just or equitable in the premises.