[Editor's Note: This portion of the serialization first appeared on our scroll page, and can be found, in its

original HTML format, by clicking here. [Author's Note: At the September 25, 1981 hearing where Felix was given court appointed counsel, Attorney Raul Palomino entered a Not Guilty Plea. With that, the pre-trial motions start.
1. Demand For Discovery. This is where the defense demands the State to disclose within 15 days all the information they have against his client. It is pretty standard in every one: A) Names of all persons of interest relevant to the offense charged and to any defense with respect thereto. B) Any statements made by any person listed in preceding paragraph. C) Any oral or written statement by the defendant. D) Any tangible papers or objects obtained or belonged to the defendant. E) Any material or information provided by a confidential informant and name. F) Any electrical surveillance or wiretapping of the premise or conversations to which the defendant was a party to. G) Any search and seizure of any documents. H) Reports or statements of experts made in connection with this case, including results of mental or physical examinations, and scientific tests, experiments or comparisons. I ) Any material information within the States possession or control which tends to negate the guilt of the Defendant as to the

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offense charged, or to punishment, or the credibility of the States witnesses. What the Defense here is requesting from the State is to inspect, copy, test and photograph this information so everyone begins the trial on equal ground. The Defense wants to know what the State knows that makes them certain they have the right person. The Defense then builds its defense on what it receives. If you heard the term Prosecutorial Misconduct, it generally stems from this request. The State may inadvertently or purposely leave out, misplace or hide information, or whatever, and because of it, the Defendant doesnt get a fair trial. I might add that in return, the Defense shares their list of witnesses and exhibits with the State. 2. Motion For Statement Of Particulars. This motion demands the State to show exactly what the evidence was that lead to an arrest of the Defendant. This motion is tailored to the alleged crime charged in the Indictment. A) Exact date on which the offense alleged in the Indictment occurred. B) Exact time on which the offense alleged in the Indictment occurred. C) Exact place or addresses where the offense alleged in the Indictment occurred. D) Particular description of the firearm which was allegedly utilized. E) Whether crime charged in the Indictment is predicated on the theory of premeditated murder or felony-murder, and if on felony-murder, the type of felony allegedly perpetrated at the time of the alleged homicide.

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F) Whether the Defendant was the actual perpetrator or an aider and abetter of the offense alleged in the Indictment; if the Defendant was an aider and abetter, whether or not the Defendants actions made him accountable for the crime charged as an accessory before the fact or as a principal in the first degree or as a principal in the second degree. This is to pin down the State to exactness and not generalities or broadness. This can also be used as a factor if there has been a change in law during the period of the alleged transaction and the trial to determine, if found guilty, the degree of punishment at sentencing. 3. Motion For Statement of Particulars Relating To Aggravating Circumstances. This case was filed as a Capital Felony (where the death penalty was a possibility). These trials are done in two phases - Guilt Phase and Sentencing Phase. When the Defendant is found guilty, then the Sentencing Phase begins. At this juncture, the State will introduce aggravating circumstances to enhance the punishment to prove that death is warranted. This motion is gleaning the proof the State intends to adduce at sentencing which is: A) Whether the State intends to prove that the Defendant has previously been convicted of another Capital Felony or a Felony involving the use or threat of violence to the person, and if so, the nature of the previous conviction, the date thereof, the Court in which said conviction occurred, Image Credit: BajaMike the style of the case and case number, and any other relevant particulars. B) Whether the State intends to prove the Defendant knowingly created a great risk of death to any persons. C) Whether the State intends to prove the Capital Felony was committed while the Defendant engaged in, an accomplice, or attempt to commit another criminal act: robbery, rape, arson etc. D) Whether the State intends to prove the Capital Felony was committed for the purpose of avoiding or preventing lawful arrest or effecting an escape from custody. E) Whether the State intends to prove the Capital Felony was committed for pecuniary gain. F) Whether the State intends to prove the Capital Felony was committed to disrupt or hinder lawful exercise of any governmental function or enforcement of laws. G) Whether the State intends to prove the Capital Felony was especially heinous, atrocious or cruel. This last particular is generally the one the public is most acquainted with. And is the issue on appeal the most times before any court in a death sentence. There will be witnesses at the Sentencing Phase and the Defense will also ask the State for a list of their witnesses and experts, and what aggravating circumstance will they will be related to. Just so you know, the Defense will introduce Mitigating circumstances at Sentencing to try to cancel out any enhancements towards death versus Life. Well get to that later.

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More Pre-trial Motions and Notices You did pretty well staying with me on the motions, but I mention them on purpose, because they explain what is required up front. After the Defense starts filing their motions, there are new filings called Notices. These are the State responses to the Defense motions. I will briefly mention some of them on this particular case: * Motion For Disclosure of Evidence and Testimony Before Grand Jury * Motion For Disclosure of Police and Other Investigative Reports * Motion For Leave To Employ Private Investigator * Motion To Dismiss Indictment [This challenges the validity of the Indictment.] * Notice of Discovery [The State reveals their witnesses, reports, exhibits on the case.] * The State in return asks for disclosure of the Defense witnesses and any items that will be presented as evidence.] * Demand For Notice of Alibi [The State is asking the Defense to tell them where their client is claiming to be at the time of the offense or why he didnt do the crime.] * Motions In Limine [4 were filed to limit testimony on certain issues that would disturb the jurys ability to render a fair verdict.] Most of these pre-trial motions/notices were filed within the first 4 5 months of the trial process. A trial date was set in early 1982 but if something comes up like a prior commitment that cannot be moved, new information that needs to be investigated or an emergency of some sort, then either side can request a Continuance. In Felixs case, a few continuances had to be filed due to medical reasons. Felix had a ear infection out of control. He had tumors, puss running out of his ear, passing out and migraine headaches, that required trips to a outside (of jail) medical facility or the hospital. Due to the continuances, this particular trial took two years to culminate. Mid way in the trial process, mid 1982, Felix filed a Motion To Dismiss Counsel. [This is one action that a defendant himself can file in court or make contact directly to the Judge at any time with valid grounds. Otherwise, because he is represented, he is barred from pro se filings or direct contact with the Judge if it deals with the case.] It was a hand written motion. The handwriting was obviously Frank Garcias. It states inadequate representation and conflict of interest. Felix was given it in his jail cell and told to sign it. Frank was in another cell so it had to be sent by a jail trustee. Felix said to me he didnt know what it meant but because his brother said to sign it, he did and gave it to an officer to send to the Court. The Judge granted it, counsel Raul Palomino was relieved and attorney Ralph E. Fernandez was appointed. Felix said he had no idea why Frank did this because he liked Attorney Palomino. Now came a round of meetings with his new attorney. Felix does not remember much, as he told me he really could not understand. However, apparently it did not go unnoticed because on October 5, 1982, Attorney Fernandez filed a Motion For Continuance due to Felix needing ear surgery just before the trial date set for October 25, 1982. [By this time the trial has been continued 3 times.] It was granted. Furthermore, on October 25, 1982 Attorney Fernandez filed a Motion To Determine Competency Of Defendant.

I am attaching the actual documents for the reader to see. It is the first filed documents formerly alerting the Judge of Felixs hearing disability being a hindrance to having a fair trial.