IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

STATE OF GEORGIA |
| CASE NO.
v. |
| 23SC188947
DONALD JOHN TRUMP, |
RUDOLPH WILLIAM LOUIS GIULIANI, |
JOHN CHARLES EASTMAN, |
MARK RANDALL MEADOWS, |
KENNETH JOHN CHESEBRO, |
JEFFREY BOSSERT CLARK, |
JENNA LYNN ELLIS, |
RAY STALLINGS SMITH III, |
ROBERT DAVID CHEELEY, |
MICHAEL A. ROMAN, |
DAVID JAMES SHAFER, |
SHAWN MICAH TRESHER STILL, |
STEPHEN CLIFFGARD LEE, |
HARRISON WILLIAM PRESCOTT FLOYD, |
TREVIAN C. KUTTI, |
SIDNEY KATHERINE POWELL, |
CATHLEEN ALSTON LATHAM, |
SCOTT GRAHAM HALL, |
MISTY HAMPTON a/k/a EMILY MISTY HAYES |
Defendants. |

STATE’S MOTION TO QUASH SUBPOENAS OF

DEFENDANT MICHAEL ROMAN

Defendant Roman has taken the extraordinary step of attempting to subpoena

numerous members of the District Attorney’s Office to a February 15 hearing in support

of his ill-conceived Motion to Dismiss the Indictment and Disqualify the District

Attorney’s Office. See Ex. A (Defendant Michael Roman’s Return of Subpoenas and

Witness List). The effort should be promptly brought to a close. Georgia law—as well

as authority from across the country—predictably frowns on a process that permits

counsel for one litigant to compel the testimony of counsel and employees of the
opposing party, and there is no justification to depart from that general principle here.

As there is no factual basis that could reasonably justify requiring opposing counsel and

other employees to be a witness in the case, the State respectfully requests that the Court

quash each of the subpoenas served on the following persons associated with the District

Attorney’s Office:

• District Attorney Fani T. Willis

• Executive District Attorney Daysha Young

• Deputy District Attorney Sonya Allen

• Deputy District Attorney Dexter Bond

• Special Prosecutor Nathan Wade

• Assistant Chief Investigator Michael Hill

• Deputy Executive Assistant Tia Green

• Chief of Investigations Capers Green

• Assistant Chief Investigator Thomas Ricks.1

Additionally, Defendant Roman has attempted to subpoena an attorney who represented

Special Prosecutor Wade in divorce proceedings (Attorney Terrance Bradley), in addition

to personal and business bank records belonging to Wade and his law practice. Ex. B

(Subpoena to Synovus Bank).

Upon information and belief, counsel for Defendant Roman has not spoken to any

1 Neither Assistant Chief Investigator Thomas Ricks nor Special Prosecutor Wade
have actually been served with a subpoena via any method permitted by O.C.G.A. § 24-
13-24, and this motion to quash specifically does not waive either’s right to raise lack of
proper service as an additional ground to quash. Both, however, were included on
Defendant Roman’s Witness List, and for efficiency’s sake they are addressed in the
State’s Motion to Quash.

2
of the above-named witnesses, and cannot with any degree of accuracy or good faith

relay to the Court the content of their anticipated testimony on any relevant issue.

Instead, each of these subpoenas appear transparently to be an attempt to conduct

discovery in a (rather belated) effort to support reckless accusations made in prior court

filings. The subpoenas should be quashed.

I. SUBPOENAS TO THE DISTRICT ATTORNEY AND

EMPLOYEES/SPECIAL COUNSEL

The spectacle of one party attempting to call opposing counsel to the stand has

been predictably criticized by appellate courts. “The practice of trial attorneys testifying

is not approved by the courts except where made necessary by the circumstances of the

case.” Goodwin v. State, 320 Ga. App. 224, 231 (2013) (internal quotation marks

omitted; quoting Timberlake v. State, 246 Ga. 488, 500 (1980)). “[T]he advocate as a

witness poses innumerable threats to the integrity and reliability of the judicial

process.” Castell v. Kemp, 254 Ga. 556, 557 (1985). “[C]ourts have properly refused to

permit a prosecutor to be called as a defense witness unless there is a compelling need.”

United States v. Roberson , 897 F2d 1092, 1098 (11th Cir. 1990) (citations and

punctuation omitted). “Trial courts are generally held to have discretion on whether to

allow a party to call opposing counsel as a witness, on the view that attempting to call

opposing counsel to establish some fact that can be readily proved in a different manner

should be discouraged.” Goodwin v. State, 320 Ga. App. at 231 (quoting Louisiana v.

Tuesno, 408 S2d 1269, 1272 (La. 1982)); Pirsig & Kirwin, Professional Responsibility,

378-79 (3rd ed. 1976)). The practice is roundly—and rightly—disfavored.

This case is no different. “A trial court has discretion to quash an unreasonable

and oppressive subpoena, and abuse of discretion is the appropriate standard of review in

3
such situations.” Cronan v. JP Morgan Chase Bank, N.A., 336 Ga. App. 201, 205

(2016). overruled on other grounds by SRM Grp., Inc. v. Travelers Prop. Cas. Co. of

Am., 308 Ga. 404 (2020) (citing Bazemore v. State, 244 Ga. App. 460, 463 (2000);

O.C.G.A. § 24-13-23(b)(1)). Courts consistently quash subpoenas served on opposing

counsel in all but the rarest of circumstances. See Cronan, 336 Ga. App. at 205 (no abuse

of discretion in quashing subpoena to opposing counsel regarding subjective intent of

clients); King v. State, 300 Ga. 180, 183 (2016) (trial court did not error in quashing

witness and document subpoena to prosecutor who had dismissed an earlier case

involving defendant); Cushenberry v. State, 300 Ga. 190, 196 (2016) (quashing subpoena

to prosecutor where other witnesses could provide same or similar information related to

receipt of evidence). Any subpoena for testimony or documents directed to opposing

counsel presents a rightfully high hurdle for any litigant to clear, and Defendant Roman

cannot make that showing here.

Federal courts take a similar approach to discourage the gamesmanship that

comes from one party attempting to subpoena counsel for the opposing party. While the

Federal Rules do not explicitly forbid the deposition of opposing counsel, “[f]ederal

courts . . . have held that depositions of attorneys inherently constitute an invitation

to harass the attorney and parties, and to disrupt and delay the case.” West

Peninsular Title Co. v. Palm Beach Cty., 132 F.R.D. 301, 302 (S.D. Fla.1990) (emphasis

added); see also Floyd v. SunTrust Banks, Inc., No. 1:10-CV-2620-RWS, 2011 U.S. Dist.

LEXIS 70964, at *4-5 (N.D. Ga. June 30, 2011). Disrupt and delay appear to be the

primary goal of each of the subpoenas served to District Attorney employees and

opposing counsel.

4
 Finally, the indiscriminate breadth with which Defendant Roman has sought to

secure testimony from District Attorney employees is troubling, and suggests an eye

toward public narrative as opposed to legal remedy. In addition to the attorneys and

investigators tasked with investigating and prosecuting the case against Defendant

Roman who appear on his subpoena list, other District Attorney staff with no knowledge

at all of the issues raised in Roman’s original motion have received subpoenas—to

include District Attorney Willis’ executive assistant, investigators involved in her

security detail, and personnel responsible for general operations. Defendant has not

demonstrated any need for these witnesses, let alone cleared the “compelling need”

hurdle, nor can he represent what relevant testimony these witnesses may possess as his

attorney has not spoken to any of them. Harassment and disruption of this type should

not be entertained.

II. SUBPOENA TO ATTORNEY TERRANCE BRADLEY

Defendant Roman’s subpoena to Special Prosecutor Wade’s former divorce

attorney is a similar effort that the law does not condone. Mr. Bradley is a former

business partner of Wade, but also represented Wade in his divorce proceedings. Any

relevant information Mr. Bradley may have—and the State disputes he has any

information relevant to any pending matter before the Court—is protected by attorney-

client privilege and non-discoverable.

There is no more established common law privilege for confidential

communication than the attorney-client privilege. See St. Simons Waterfront, LLC v.

Hunter, Maclean, Exley & Dunn, P.C., 293 Ga. 419, 421 (2013); see also O.C.G.A. § 24-

5-501(a)(2) (“There are certain admissions and communications excluded from evidence

5
on grounds of public policy, including, but not limited to, . . . [c]ommunications

between attorney and client . . . .” (emphasis added)). An extended recitation of the

sanctity of the privilege is not necessary here; it is enough to note that the privilege exists

“to encourage full and frank communication between attorneys and their clients and

thereby promote broader public interests in the observance of law and administration of

justice.” Hill, Kertscher & Wharton, LLP v. Moody, 308 Ga. 74, 78-79 (2020) (internal

punctuation omitted; citing St. Simons Waterfront, 293 Ga. at 422). Special Prosecutor

Wade has not waived his privileged communication with Mr. Bradley, and any subpoena

to Bradley is properly quashed without the need for public invocation of privilege that

could well lead to more reckless speculation.

III. SUBPOENA TO SYNOVUS BANK

Lastly, Defendant Roman can make no showing of need to justify the subpoena to

Synovus Bank to produce the wide swath of Special Prosecutor Wade’s financial

information. See Ex. B (Subpoena to Synovus Bank for “all documents” related to Wade

and various professional entities associated with Wade, including “credit reports”

“application for credit” from January 2020 to present). The sensitive information

demanded actually predates Wade’s appointment as Special Prosecutor, and Defendant

Roman cannot possibly justify such a fishing expedition—this intrusion into an opposing

counsel’s financial life is the very definition of “unreasonable and oppressive.” O.C.G.A.

24-13-23(b)(1) (the Court may quash a subpoena if it is unreasonable and oppressive).

As Georgia courts have consistently held, a motion to quash is properly granted where it

serves to prevent a criminal defendant from using a subpoena duces tecum as an

instrument of general discovery against a third party; “it is the tool to stop the defendant

6
using a subpoena to search through the [third party’s] records in hopes of obtaining

information which might possibly impeach [a witness’s] credibility.” Gregg v. State, 331

Ga. App. 833, 834-35 (2015) (internal punctuation and quotation marks omitted; quoting

Plante v. State, 203 Ga. App. 33, 34 (1992).

General subpoenas that indiscriminately seek categories of documents such as

Defendant’s subpoena to Synovus are rightly characterized as over-broad. In re Frost,

366 Ga. App. 45, 50 (2022) (“the broadly-worded subpoena did not, however, provide the

specificity required to show the relevance of the documents sought, or that this was

something other than a fishing expedition into records held by a third party” (emphasis

added)); see generally In re Frost, 366 Ga. App. 45 (2022) (finding reversible error in

trial court’s order disseminating victim’s privileged mental health records to criminal

defendant for potential impeachment purposes). “[I]t is not enough to assert that [further

discovery] might produce evidence helpful to the defense, i.e., to embark on a ‘fishing

expedition.’” Hilley v. State, 344 Ga. App. 58, 63 (2017) (effort to uncover potentially

impeaching evidence of State’s witness not a proper use of subpoena). In short,

Defendant Roman is casting as wide a net as is possible in hopes that he finds some

information to support allegations he has already made. It is a misuse of the subpoena

power, and should be quashed.

CONCLUSION

Although litigation is certainly adversarial, there are rules in play that govern the

proceedings. Because Defendant Roman cannot establish the necessity of any of the

testimony or documents he has demanded, the subpoenas should be quashed.

7
Respectfully submitted this 7th day of February, 2024,

FANI T. WILLIS
DISTRICT ATTORNEY
ATLANTA JUDICIAL CIRCUIT

/s/ Anna Green Cross

Anna Green Cross
Special Prosecutor
Georgia Bar No. 306674

Office of the Fulton County District Attorney

136 Pryor St, SW
Atlanta, GA 30303

8
 CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of the STATE’S MOTION TO

QUASH upon all counsel who have entered appearances as counsel of record in this matter

via the Fulton County e-filing system, in addition to service by email.

This 7th day of February, 2024,

FANI T. WILLIS
District Attorney
Atlanta Judicial Circuit

/s/ Anna Green Cross

Anna Green Cross
Special Prosecutor
Fulton County District Attorney’s Office
136 Pryor Street SW, 3rd Floor
Atlanta, Georgia 30303
[email protected]

9
Exhibit A
 IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

STATE OF GEORGIA, )
)
v. ) INDICTMENT NO.
) 23SC188947
MICHAEL A. ROMAN, )
)
Defendant. )
____________________________________)

DEFENDANT MICHAEL ROMAN’S

RETURN OF SUBPOENAS AND WITNESS LIST

COMES NOW, Defendant Michael Roman (“Mr. Roman”), by and through his

undersigned counsel, pursuant to O.C.G.A. § 24-13-24 and show that service was made

upon the following witnesses, as evidenced in the attached subpoenas, by certified mail

with certification tracking number endorsed on the copy of the subpoenas. Mr. Roman

hereby gives notice that all individuals listed on the attached subpoenas are witnesses he

intends to call at his hearing on February 15, 2024. 1

Additionally, witness Thomas Ricks, an employee of the Fulton County District

Attorney’s Office, may also be called as a witness but has refused service of his subpoena.

A copy of his subpoena was emailed to him at his Fulton County official e-mail address.

Additionally, since he refused service at his office at the Fulton County District Attorney’s

Office on January 29, 2024 at 4:57pm, we have asked him to accept service. If not, then

he will be personally served, and his return will be filed at that time.

This list will be updated as additional information becomes available.

1
Two witnesses were served at their home addresses and those addresses have been
redacted from this filing. Should the State wish to have those addresses, Mr. Roman is
happy to supply those upon request.
Respectfully submitted this 31st day of January, 2024.

THE MERCHANT LAW FIRM, P.C.

/s/ Ashleigh B. Merchant

ASHLEIGH B. MERCHANT
Georgia Bar No. 040474
701 Whitlock Avenue, S.W., Ste. J-43
Marietta, Georgia 30064
Telephone: 404.510.9936
Facsimile: 404.592.4614
Email: [email protected]

-2-
 IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

STATE OF GEORGIA, )
)
v. ) INDICTMENT NO.
) 23SC188947
MICHAEL A. ROMAN, )
)
Defendant. )
___________________________________ )

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the within and foregoing

DEFENDANT MICHAEL ROMAN’S RETURN OF SUBPOENAS has been served

upon counsel for the State of Georgia by filing same with the Court’s electronic filing

system, which will deliver a copy by e-mail to the following counsel of record for the

State:

Nathan Wade
[email protected]

Anna Cross
[email protected]

John Floyd
[email protected]

Daysha Young
[email protected]

Adam Ney
[email protected]

Alex Bernick
[email protected]

F. McDonald Wakeford
[email protected]

-3-
 Grant Rood
[email protected]

John W. Wooten
[email protected]

I further certify that, in compliance with Judge Scott McAfee’s Standing Order a

copy of this pleading has been emailed to the Court via the Litigation Manager Cheryl

Vortice at [email protected] with copies of such communication

provided to all counsel of record for the State at the email addresses provided above.

This 31st day of January, 2024.

THE MERCHANT LAW FIRM, P.C.

/s/ Ashleigh B. Merchant

ASHLEIGH B. MERCHANT
Georgia Bar No. 040474

-4-
EXHIBIT A
 WITNESS SUBPOENA

State of GEORGIA, Fulton County

TO: SanyaAllen
Fulton County District Attorney's Office
136 Pryor Street
ThirdFloor
‘Mania, Georgia 30303
Ema Sonyanleniuloneountyga gov
‘You are hereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be
held on February 15, 2024 at 9:30am in the CourtroomSA, 136 Pryor Stret S.W., Atlant
Georgia 30303 then and there to be sworn as a witness for theDefendant in the caseofState
v.
Michael Roman, Case Number23SC188947.

You are required to attend from day to day and from time to time until the matter is

disposed of
HEREIN FALL NOT, under the penaly of aw by authority of the Honorable Scott
McAfee. Judgeof said court this 1/31/2024.

Any Questions Contact: Issued by Attorney for Defendant,

Ashleigh B. Merchant
701 Whitlock Ave. Suite
Maries, Ga. 30064 1:43
Clerkof Superior Court

[email protected] ¢ \
Phone No. 204-510.9936 Sporn ontby a
ny Ror or Doni
RETURN OF SERVICE

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 WITNESS SUBPOENA

StateofGEORGIA, Fulton County

TO: Christopher A. Campbell
Wade & Campbell Fi
Building 25
1827 Powers Ferry Road, S.E., Suite 100
‘Atlanta, Georgia 30339
Email: [email protected]
‘You are hereby commanded, that laying al other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA o be.
15,2024 at 9:30am in the Courtroom SA, 136 Pryor Street S.W., Atlant
‘held on February
Gicorgia 30303 then and there to be sworn as a witness for the Defendant in the caseofState
v.
Michael Roman, Case Number 23SC138947.
You are required to attend from day to day and fromtimeto time uniil the mater is
disposed of.
HEREIN FAIL NOT, under the penalty of law by authority of the Honorable Seatt
MeAfee, Judge of said court this 1/25/2024.
Any Questions Contact: Issued by Attorney for Defendant,
Ashleigh B. Merchant Clerk of Superior Court.
701 Whitlock Ave, Suite J-43
Maricta, Ga, 30064
[email protected] barb IBM
Phone No. 404-510-9936 Subpoens sv by Atormey of Record Defendant

RETURN OF SERVICE
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 WITNESS SUBPOENA
State ofGEORGIA, Fulton County

TO: Dexter Bond

136 Pryor Street

Third Floor
Atlanta, Georgia 30303
Email: Dexter.bon ncountyga gov

‘You are hereby commanded, that laying all other business aside, you be and appear at the

Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be
held on February
15.2024at 9:30am in theCoutzoom SA,136PryorStreet S.W.,Atlanta,
Georgia 30303 then and there to be sworn as a witness for the Defendant in the caseofState v.
Michael Roman, Case Number 23SC188947.

‘You are required to attend from day to day and from time to time until the mater is
disposed of.

HEREIN FAIL NOT, under the penalty oflaw by authorityofthe Honorable

Scott
McAfee. Judgeof said court this 1/25/2024,

Any Questions Contact: Issued by Attomey for Defendant,

Ashleigh B. Merchant
701 Whitlock Ave, Suite 1-43 Clerk of Superior Court

Marieta, Ga, 30064 .

[email protected] Mab Muth] Le, JB,
Phone No. 404-510-9936 ‘Subpoena fesucd
byAttormeyof Record fo Dfendant

RETURN OF SERVICE

served the within witness [xc Bored with is supoenaon 1/251:

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mF 30 2000 0002. OSEASAR
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 WITNESS SUBPOENA

StateofGEORGIA, Fulton County

TO: Fani Willis
FultonCountyDistrictAttomey'sOffice
136PryorStreet
Third Flog
Alle Georgia 30303
Email: fani.willi fultoncountyga.gov.

You are hereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GAtobe.
held on February 15, 2024 at 9:30am in the Courtroom SA,136PryorStreet S.W., Atlanta,
Georgia 30303 then and there to be sworn as a witness forthe Defendant in the caseofStatev.
Michael Roman, Case Number 23SC188947.

You are required to attend from day to day and from time to time until the matter is

disposed of.

HEREIN FAIL NOT, under the penalty of law by authority of the HonorableScott
Metis, Judgeofsad cout this 1252024,
Any Questions Contact: Issued by Attorney for Defendant,
Ashleigh B. Merchant Clerkof Superior Court
Marita, amercha
Ga. 30064niawimpe.som
701 Whitlock Ave. Suite J-43

ashlegh
Phone No. 04510-6936 Le nes
Soper hat AY
thc edi
RETURN OF SERVICE

served the within witness 7204 lle with this subpoema on { (25)24/
ayidp amid:
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delivering to him/her in person, or by __J“Tegistered
#7011 2000 0002OSLABDSSsensi: Ashlais Mecoluond [thors
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 WITNESS SUBPOENA
State of GEORGIA, Fulton County

TO: Nathan Wade

Wade & Campbell Firm
Building 25
1827 Powers Ferry Road. S.] uite 100
te rgia 30339
Email: [email protected]

‘Youarehereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be

held on February
15,2024at 9:30am in the rts 136 Pryc W.. Atlant

Georgia 30303 then and there to be sworn as a witness for the Defendant in the caseofStatev.
Michael Roman, Case Number 23SC138947.
You are required to attend from day to day and from timeto time until the matter is
disposed of.

HEREIN FAIL NOT, under the penalty of law by authorityofthe Honorable Scott
McAfee. Judge of said court this 1/25/2024.

Any Questions Contact: Issued by Attorney for Defendant,

Ashleigh B. Merchant
701 Whitlock Ave, Suite J-43 Clerkof Superior Court

Marietta, Ga, 30064 .

[email protected] Lie J5
Phone No. 404-510-9936 ‘Subpoena Mued by AtioreyofRecord for Defegidant

RETURN OF SERVICE

yLserved the withinwitness fVazfAen, Worle. with thissubpoenacn /(257

a%3p i: delivering to him/her in person, or by registered ox certifi
mail, ST
#201) 2000 6002 056A S06Z serveaty:Leh paotn—,Ath
Name and Title =

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complatedto 0GGA 24:3-21(ch),
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winess. an nds esses compen tones
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ineofwor siors iver S300ornot
20 days imprisonment,
Subpoans was 4sued forvara seve obots A winess he Const sens coor
 WITNESS SUBPOENA
State ofGEORGIA, Fulton County
TO: Daysha Young
Fulton County Disirit Attomey's Office
136 Pryor
Third Floor
Atlanta, Georgia 30303
Email: Daysha,Young @fulioncountyga gov
You are hereby commanded, that laying all other business aside, you be andappearatthe
Superior Court before the presiding Judge inthe Fulton County Courthouse, Atlanta, GA to be.
held on February 15,2024 at 9:30am intheCourtroom SA,136Pryor Street S.W., Atlanta,
Georgia 30303 then and there to be swom as a witness for the Defendant in the caseofSatev.
Michael Roman, Case Number 23SC188947.
You are required to attend from day to day and from time to time until the matter is
disposed of.
HEREIN FAIL NOT, under the penalty of law by authority ofthe Honorable Scott
MeAfee, Judgeofsid court this 1125/2024,
Any Questions Contact Issued by Attomey for Defendant,
Ashieigh B. Merchant Clerkof Superior Court
701 Whitlock Ave, Suite J-43
Marieta, Ga, 30064
ashleigh@merchantlaw firmpe.com Mech BM
Phone No. 404-510-9936 Subpoena ls by Aveoey ofRecord for Defend
RETURN OF SERVICE
, I served the within witness with this subpoeria on | [2.€] 2.
afi} amgiphby: ___ deliveringho hiniber iglperson, or by __ “registered orc
#3011mal2000 0002 OSA SCA sensi: flkli. lerchrfZthooay
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or Soc wines may contact the Crkof cours sie overt
 WITNESS SUBPOENA
StateofGEORGIA, Fulton County
TO: MichaelHill
FultonCountyDistrict Atiomey'sOffice
136 Pryor Street
Third Floor
‘Atlanta, Georgia 30303
Email: Michael hill@fultoncountyga gov
‘You are hereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be
held on February 15.2024 at 9:30am in the 136 P SW, Atlan
Georgia 30303 then and there to be sworn as a witness fortheDefendant in the caseofState v.
Michael Roman, Case Number 23SC188947.
You are required to attend from day to day and from time to time until the matter is
disposed of.
HEREIN FAIL NOT, under the penalty oflaw by authorityofthe Honorable Scott
MeAfee, Judgeofsaid court this 1/25/2024
Any Questions Contact: Issued by Attorney for Defendant,
Ashleigh B. Merchant Clerkof Superior Court
701 Whitlock Ave. Suite J-43
Marietta, Ga. 30064 S
[email protected] o BM
Phone No. 404-510.9936 Subpocn se d by AtoreyofRecord for Defendobt

RETURN OF SERVICE
1 served the within witness/1ichued {AY with
he 20_amjsimby: ___ delivering to him/her in person, or bythis subpoena on //2.57 2
«registered
mai
#0\\ 2000 0002 OHA IB Folds Macthns]” log 64
Name and Title
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npr o attorney
tsanes sp 4 Wma a
Salto punishment gr FSCS 4 o
fo contemptofcourtandshll bopuniehe yin
Cpanan 20dyeImprisonment orbot.Awines may contac heClrkofofr rors rn $9000
Courts lestvou tsa nok
 WITNESS SUBPOENA
State of GEORGIA, Fulton County
TO: Tia Green

136PryorSreet
Third Floor
Atl eorgia 30303
Email: Tia. Green@fultoncount wv

You are hereby commanded, that laying all other business aside, you be and appear at the

‘Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be
15,2024at9:30am in the Courtroom SA, 136 Pryor Szeet SW., At
held on February
Georgia 30303 then and there to be swornas a witness for the Defendant in the caseofState
v.

Michael Roman, Case Number 23SC188947.

You are required to attend from day to day and from time to time until the matter is
disposed of.

HEREIN FAIL NOT, under the penalty of law by authorityofthe Honorable Scott
McAfee, Judge of said court this 1/25/2024.

Any Questions Contact: Issued by Attomey for Defendant,

Ashleigh B. Merchant
701 WhitlockAve, Sue 143 Clerk of Superior Court

Marita, Ga. 30064

[email protected] Leigh tached 4 JBM
Phone No. 404-510.9936 Subpoena 08 vores of Resor tr Defers
RETURN OF SERVICE

, Lserved the within witness —

| 14 o@0 wih his subpona on //2J
atSidoamigiPby: __ delivering to him/her
in person,or by _ +” registered or qérified
>
#701 2600 0002 OAS cranny, Aclloiptn ecole,Atooey
NameandTitle aga |
Prt C88 133169, mtorr. mgt tete tantra
becomplated
prior toseviceupon the witness. fanindividual misuses 5subpoont,
ne ofshe shalbo
eoplano coremptct ourand Safsepened3 nsfovr 00m rt
ye oman orbnA hosemo ee CotCots ee ent
 WITNESS SUBPOENA
State of GEORGIA, Fulton County
10: RobinBryant Yeartie
———c
—
tsi,
——————
mania
You are hereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GAtobe:
held on February 15. 2024 at 9:30am in the Cou A, 136 Pryor Street S.W., Atlanta
Georgia 30303 then and there to be sworn as a witnessfor the Defendant in the caseofState
v.
Michael Roman, Case Number 23SC188947.

You are required to attend from day to day and from timeto time until the matter is

disposed of.

HEREIN FAIL NOT,underthepenalty of law by authority

ofthe Honorable Scott
McAfee, Judgeofsaid court this 1/25/2024.

Any Questions Contact: Issued by Attorney for Defendant,

Ashleigh
B. Merchant Clerk of Superior Court
701 Whitlock Ave, SuiteJ-43
Marieta, Ga, 30064 4
[email protected] Wh
Phone No. 404-510-9936
‘Subpoena‘fssued by AttomeyofRecord for Deferjdant

RETURN OF SERVICE
perved the within witness Zab Verche with tis subpoena
on [27]
a 2 30 amipimby: delivering to hirvher in person, or by __— registered
mail. - or
#901) 2000 0002 O5bA FACT gy, 4
Name and Title {|3
1estaant to OCGA 24:13:21e), tis subpoena form is boing providedt the attorney ofrecord
omplated prior to sevice upon thewiness. an noses me a CL and shal
1
tye0push ent forContamptofcourt andshallbepunished COT an
uvsouns ooJaysImprisonman, or both. A witnassmay contact iheby larkiveof mers oe SS ot
ofCourts fea emaenie
 WITNESS SUBPOENA
State ofGEORGIA, Fulton County

TO: TerrenceBradley
Law Offices of Terrence A. Bradley
Buiding2
2727 Paces Ferry Road, S.E.. Suite 1450
‘Atlanta,Georgia30339
Email: tbradley | @gmail.

‘Youarehereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be

held on February15.2024at9:30am intheCoutzoom SA.136PryosStreet,S.W,Atlanta

Georgia 30303 then and there to be swomn as awitnessfor the Defendant inthe caseofStatev.

Michael Roman, Case Number 23SC188947.

You are required to attend from day to day and from time to time until the matter is

disposed of.

HEREIN FAIL NOT, under the penalyof law by authority ofthe Honorable Seatt
MeAfee, Judge ofsaid court this 1/25/2024.

Any Questions Contact; Issued by Attomey for Defendant,

Ashieigh B. Merchant Clerk of Superior Court
701 Whitlock Ave. Suite J-43 Jam
[email protected] sel
Phone No. 404:510:9936 ubpoens edo Aso fRca for Defrdantof pers
RETURN OF SERVICE

I served the withinwitness TZ. Gall, wih hissupp on Janie, 2252

at
22amigndby: delivering to him/her & person, or by Rison oar
mai 7
#300 $560 0002. ©5644 sew: Allyl
Mn /11E 1%)
=
Name and Ti
Smusin prior(0 -21(c1), is subpoans
iocompleted service uninthe wines. fomis
fan bing isssess
nicest provided
othe.
sospoene TT
hearshe »
tn ey Sal
Subject punishment or conampt of coutand shalloo
me an20cy mprconenorei ss my pushed
Sorte oyCo ofoper
Cotsiorsess
er Song
sera Po
 WITNESS SUBPOENA

State ofGEORGIA, Fulton County

TO: Capers Green

abo ig

You are hereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be

held on February
15.2024 at 9:30am in theCourtroomSA,136Pryor StreetS.W., Atlanta,
Georgia 30303 then and there to be swornas a witness for the Defendant in the caseofState
v.
Michael Roman, Case Number 23SC188947.
‘You are required to attend from day to day and fromtimeto time untilthematter is
disposed of.

HEREIN FAIL NOT, under the penalty of law by authority ofthe Honorable Scott
MeAfee, Judgeof suid cour this 125/2024,
Any Questions Contact:
‘AshleighB. Merchant Issued by Attorney for Defendant,
ClerkofSuperior Court
701 Whitlock Ave. Suite 143
Marietta, Ga. 30064 =
ashleigh@merchantlowfirmpecom
Phone No. 404-510-0936 Subpoena ed~Asoey
ofResor orDefendantJey
RETURN OF SERVICE

, served the withinwitness Coes Gotan with this subpoena on [2c [24
at Z150amin By. delivering to him/her in person, or by
mai — or registered
gertified.
peilel>
FOI 2000 0002 BAIHG eneanys Srlidisle Mocotat 4
Name and Title
pursuant
toOCGA 26-13-2(c-h),this subpoenaform
lato puishmet
or pa
contamptof we
court Tn
andshll pe
isbeing
isn
provi
sroty
at orney
er rt
of record an BY
more tan risonmantor bot.A wiress moy elated
on 165ors rnSs ort
outs Hoafc 13 ovary wie
subpoenawasissued
foravalid case.” 4 Slo 41 Got
 WITNESS SUBPOENA

StateofGEORGIA, Fulton County

TO: Thomas Ricks
FultonCountyDistriet Attomey'sOffice
136 Pryor Street
“Third Floor
‘Alana, Georgia 30303
Email: ThomasRicks@fultoncountyga gov
You are hereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be
held on February 15,2024at9:30am intheCourtroomSA.136PryorStreet S.W..Atlanta,
Georgia 30303 then and there to be swornas a witness fortheDefendant in the caseofState v.
Michael Roman, Case Number 23SC188947.
You are required to attend from day 10 day and from time to time until the matter is
disposed of.
HEREIN FAIL NOT, under the penalty of law by authority ofthe Honorable Scott
MeAfee, Judgeof said court this 1/25/2024,
Any Questions Contact: Issued by Attomey for Defendant,
Ashleigh B. Merchant Clerk ofSuperior Court
701 Whitlock Ave, Suite J-43
Marietta, Ga. 30064 -
[email protected] bh dBm
Phone No. 404-510-9936 Subpoena55s byAtoreyofResor forDefendant

RETURN OF SERVICE
served the withinwitness [Jeans GickcC with this subpoena on | [7 ¢-
at Z 5.0 amily: delivering to him/her in person, or by pi
mail bor orc
™ —
#90)| 2000 0002 DSA 332) ene Febdoste MostonAfar
Name and Title Pi {Buy
peursuant o
De completed OCGA 24:13:21(c), this subpoana form is being providedfothe attormey
ofrecord and shall
ior
ee Bausnmnt o.sarvice upon th witnes. fanIndividual misused.» suspoons, horse shenbu
fo Contumpt of court andshall punished
Len 20days Imoreonment orboth witnessmaybo contact by ieof nok ios ron $305.00
he lokof Courts ew 0sent tvs ant
Exhibit B
 |
PugeScrantom
[I———

ped
February 1, 2024
VIA U.S. MAIL AND VIA EMAIL:
[email protected]

Ashleigh B. Merchant
‘The Merchant Law Firm, P.C.
701 Whitlock Avenue, S.W., Suite J-43
Marietta, Georgia 30064

Re: State
v. Michael Roman
Superior Court of Fulton County
Case No.: 23SC188947

Dear Ms. Merchant:

This firm represents Synovus Bank. We are in receipt of

a subpoena (the
“Subpoena”) from you related to the above matter. The Subpoena seeks, inter alia,
any and all documents in Synovus Bank's possession related to Nathan J. Wade,
Nathan J. Wade, P.C., Nathan J. Wade, P.C., Attorney at Law, and/or Wade,
Bradiey & Campbell Firm, LLC.

Synovus Bank conducted a diligent search of its records and was able to
locate certain account records related to two accounts associated with the Wade,
Bradley & Campbell Firm, LLC. Late yesterday, I reccived notice via e-mail that
oneof the authorized signatories on these accounts, Nathan Wade, objected to the
the Subpoena and to the production of the account records at issue. Mr. Wade
further advised via e-mail that his counsel intended to move to quash the
Subpoena.
 Pursuant to O.C.G.A. § 7-1-360(z), a financial institution is not required or
permitted to disclose financial records except under limited circumstances. Notice
0 the affected account holder is required, and O.C.G.A. § 7-1-60(c) allows the
account holder to “file in the court issuing an order or subpoena for the records or
the Georgia or federal court where the civil matter is being heard or, the absence of
such a court, in the superior court of the county in which the financial institution is
located a motion to quash the order, subpoena, or request or for a protective
order...” Because the account holder has indicated an intent to object to the
Subpoena and file a motion to quash as set forth in O.C.G.A. § 7-1-360(c),
Synovus Bank is presently unable to provide the responsive records to you.
Synovus Bank takes no position on the ability of your client to request the
records set forth in the Subpoena, nor whether any objection or motion to quash
the Subpoena would be meritorious. If and when a ruling is provided on any
objection and/or motion to quash, Synovus Bank will, of course, promptly comply
with any court order regarding the matter. In that regard, please be advised that
Synovus Bank has gathered the responsive records and will be in a position to
produce them immediately upon resolution of any objection or mation to quash
If you have any questions regarding this matter, please let me now.
Yours very truly,
PAGE, SCRANTOM, SPROUSE,
TUC ORD, P.C.
B [J >
Alan G. Snij
cc: Mr. Nathan Wade (via email)
Synovus Bank,
 THE MERCHANT LAW FIRM .
TRIAL AND APPELLATE ATTORNEYS

Suc
Marita, Georgia 3005
Telephone: (104)310.99
Facsimile: (104) 592-161
[email protected]
January 25,2024
VIA CERTIFIED MAIL
RETURNRECEIPTREQUESTED
Synovus Bank
c/o Deacon Service, LLC
1111 Bay Avenue
Third Floor
Columbus, Georgia 31901
Re: State v. Michael Roman; Case No. 23SCI88947; Superior Court of
Fulton County; Subpoena ForProductionofRecords
Dear Sir or Madam:
1 am counsel for Michael Roman, a defendant in the above-referenced matter.
Enclosed please find a subpoena issued pursuant to O.C.G.A. § 24-13-21, ef seq.
commanding your appearance as a witness on behalf of Mr. Roman at Mr. Roman's pre-
trial hearing, which is scheduled to begin on Thursday, February 15, 2024, at 9:30 a.m.
before Honorable Scott McAfee, at the Superior Courtof Fulton County, Courtroom
5A, 136 Pryor Street, S.W., Atlanta, Georgia 30303.
The Rules of Evidence in Georgia now permit the foundatio
identification, authentication, and admissibility of business records tonberequireme nts for
certain circumstances without the expense and inconvenience of producingsatisfied under
witnesses , all
as pursuant 10 0.C.G.A. §§ 24-8-803 and 24-9-902,
In accordance with the Georgia Rules of Evidence, we have attached a Business
Record Certification formfor usebythe custodianofthe business records requested. Please:
review the Certification to determine whether it is an accurate statement with regard to the
records requested pursuant to the attached subpoena. If the Certification is accurate,
in lieuofhaving the custodianofrecords appear in court with the records on the date then and
at the time stated in the attached subpoena, please have the custodian sign the original
State v. Roman
Letter to Witness encl. Subpoena for Production of Evidence
January 25,2024
Page

Certification under oath in the presence ofa notary public, attach the requested records to
it, and returntheoriginal certificationandall responsive records to our office address listed
above prior to Thursday, February 8, 2024. ;
We cannot, however, guarantee that the Court will not require the custodian of
records to appear at the hearing to authenticate the records and to lay a proper foundation
for admittanceofthe requested records. In lieuofappearance, however, as directed by the
attached subpoenas, upon the receipt of the records and certification, the custodian will be
placed “on call” for the hearing. Please provide us with a good contact numberand email
for the custodian, and we will make every effort o use the Business Record Certification
instead of the testimony of the custodian. If testimony from the custodian is required, 1
will contact the custodian to advise the custodian about the time and place for the
custodian’s appearance.
“Thank you very much, and should you have any questions, please do not hesitate
to contact me.
Sincerely,
Ad by SoM
AE
Ashleigh B. Merchant ¢
ABM/ssb seh
Encl.
ce: John B. Merchant, Il (w/encl. via e-mail only)
 SUBPOENA FOR PRODUCTION OF EVIDENCE

State of Georgia, Fulton County

10: Synovus Bank
clo Deacon Service, LLC
L111 Bay Avenue
“Third Floor
Columbus, Georgia 31901

You are hereby commanded, that laying all other business aside, you be and appear at the
Superior Court before the presiding Judge in the Fulton County Courthouse, Atlanta, GA to be
held on February 15, 2023 at 9:30am in the Superior Court ofFulton County, Coutzoom SA.
136 Pryor Street, S.W. Atlanta, Georgia 30303 and to bring with you into said Court certain
maters to be used as evidence by the Defendant in the caseofState v. Michael Roman, Case
Number 23SC188947.
The following are hereby subpoenaed: See Exhibit "A".
HEREIN FAIL NOT, under the penalty oflaw by authorityofthe Hon. Scott McAfee,
Judge of said court this 1/25/2024.
Any Questions Contact: Issued by Attorney for Defendant,
Ashicigh B. Merchant Clerkof Superior Court
The Merchant Law Firm, P.C.
701 Whitlock Ave,. S.W.. Suite J-43
Marita, GA 30064 .
Email: [email protected] 82
Phone No. (404) 510-9936 Subpoena dd by Avery ofRecor for Difendsht
RETURN OF SERVICE
1served the within witness Sur nvus ith bissubpocia on [057
at 530 amipmrby: delivering to him/her in person, or by registered or
mail. — Se
Served by: 5
Namearfd Title 4
“Pursuant to OCGA 24-13-21(c-h), subpoana form is being provided to the attorneyofrecord
becompletedprior toserviceuponthisthewitness. fanindividual
misusesasubpoans,
andshall J
hoorshashal
subject to punishmontfrcontomptof court and shall bopunished by a ino ofnot ore han $900.00bao not 1) <
more than20daysimprisonmont,
Subpoanswas audforavalidcoseorboth, Awitness maycontac he Clrk ofCourtsaffica overytvs [F< “=
 EXHIBIT “A”
We kindly request that you please produce the following documents and records:
(1) Any and all documents or materials related to Nathan J. Wade, Jr., DOB:[IEEE
SSN: SE A torney Nathan J. Wade, Nathan J. Wade, P.C., Nathan J.
Wade P.C. Attorney at Law, and/or Wade, Bradley & Campbell Firm, LLC, for the
period January 1, 2020 through the present;
(2) All documents pertaining to open or closed credit cards in the name of Nathan J. Wade,
Jr., Atty Nathan J Wade, Nathan J. Wade P.C., Nathan J. Wade P.C. Attorney at
Law, and/or Wade, Bradley & Campbell Firm, LLC, or under the signatory authority
of Nathan J. Wade, Jr, Atty Nathan J. Wade, Nathan J. Wade P.C., Nathan J. Wade
P.C. Attorney at Law, and/or Wade, Bradley & Campbell Firm, LLC:
(3) All documents pertaining to Nathan J. Wade, Jr., Atty Nathan J Wade, Nathan J. Wade
P.C., Nathan J. Wade P.C. Attorney at Law, and/or Wade, Bradley & Campbell Firm,
LLC, or under the signatory authority of Nathan J. Wade, Jr., Atty Nathan J. Wade,
Nathan J. Wade P.C., Nathan J. Wade P.C. Attorney at Law, and/or Wade, Bradley
& Campbell Firm, LLC in connection with known account ending in lllllllwith your
organization including, but not limited to any:
(2) Applicationforcredit;
(b) Credit report;
(©) Monthly statement;
(d) Financial statement;
(©) Documents (checks, debit memos, cash in tickets, wires, etc.) reflecting payments
and/or debits on the account; and
(6) Documents (deposit forms, wire confirmations, ete.) reflecting deposits and/or
credits on the account.
 IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
STATE OF GEORGIA, )
)
v. ) INDICTMENT NO.
) 235CI88947
MICHAEL A. ROMAN, )
)
Defendant. )
0)
BUSINESS RECORD CERTIFICATION
1, [name] being the [tite of position]
hereby certify that T have personal knowledgeofthe
business filing record system of the business known as [name of business]
JE located at [business address]

1 have reviewed the attached business records being provided pursuant to the
requests for documents set forth in Exhibit A to the subpoena dated January 25, 2024 in
the above-referenced matter. | hereby certify that the business records attached hereto were
ken from the ordinary business records of [name of business]

1 further certify that based upon my reviewof these records:

A. The records were made at or near the time of the occurrence of the matter
set forth by, or from information transmitted by, a person with knowledge
Ofthese matters;
B. The records were kept in the courseofthe regularly conducted activity of
the above-named entity; and
C.. The records were kept in the course of the regularly conducted activity as
regular practiceof said entity.
In accordance with 0.C.G.A. §§ 24-8-803 and 24-9-902, 1 declare, certify, and
verify, under penalty of perjury, that the foregoing is true and correct.
Name (Printed): ee
Name (Signed): |
i
Title:
Address:

Date:

Sworn to and subscribed before

meonthis____day of ,2024.

Notary Public

2.