With no explanation, chose the best option from "A", "B", "C" or "D". and Slinger’s grand jury transcript should have been promptly produced in discovery pursuant to the June 26, 1997 Order. See United States v. Salemme, 978 F.Supp. 386, 387-88 & n. 5 (D.Mass.1997). That Order stated, in part, that the government was required to produce to counsel for each defendant, by July 18,1997: c) Any document or record that tends to show that Department of Justice and/or FBI regulations or guidelines were, in any way, not complied with concerning Flemmi and/or Bulger. The documents and records covered by this subparagraph include, but are not limited to, materials indicating that: (i) re quired records were not prepared or maintained; ... (iv) established procedures for seeking authorization or guidance concerning the participation of an informa (D.Colo.1989) (<HOLDING>). Id. at n. 5. Nevertheless, although the

A: recognizing the right of a defendant to comment upon the failure of the state to produce evidence
B: holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case
C: holding that deliberate failure to prepare dea 6 reports of witness interviews constituted a violation of the duty to preserve evidence that deprived defendant of right to a fair trial
D: recognizing that a criminal defendants right to a fair trial is fundamental
C.