INTHE CIRCUIT COURT IN AND FOR DIXIE COUNTY STATE OF FLORIDA STATE OF FLORIDA, PLAINTIFF, v Case #: 14-201-cr Judge James C. Hankinson Terry George Trussell, ACCUSED. DEMAND FOR BILL OF MORE SPECIFIC PARTICULARS AND MEMORANDA OF LAW IN SUPPORT THEREOF COMES NOW the Accused,one of the People," in this Florida court of record, moves this Court to order the government to provide a bill of particulars setting)forth the names of the individual(s) Accused allegedly communicated the threats and the nature of those threats as set forth in the 14-count Information filed against himon September 18, 2014, as well as the location at which those threats allegedly occurred. FACTS es = Counts 1-14.of the Information alleges the Accused madeh > threats against State of Florida on August 15, 2014. The? ? information is silent as to the nature and content of thésé _, Alleged thredrend the location at which the alleged wigeates were made. Som IT. ARGUMENT 3 In accordance with Fed. R. Crim. P. 7(£), a court may direct the filing of a bill of particulars in order to give a defendant more particular information about the details of the charges against Accused and to allow Accused to prepare his defense. United States v. Diecidue, 603 F.2d 535, 563 (5th Cir. 1979), cert. denied sub nom., Gisport v. United States, 445 U.S. 946 (1980). The simple fact that an indictment is sufficient is not an argument against granting a bill of particulars. United States v. Debrow, 346 U.S. 374, 378 (1953). Likewise, the fact that a defendant is aware of the general nature of the charges44 45 46 47 48 49 50 31 52 53 34 55 56 37 58 59 60 61 62 63 64 65 66 67 68 69 70 1 nD 2 4 15 16 7 B 79 80 81 82 83 84 85 86 87 DEMAND FOR BILL OF PARTICULARS - by Terry George Trussell against him does not answer a defendant's request for a bill of particulars. United States v. Gordon, 780 F.2d 1165, 1172 (5th Cir. 1986). Indeed, Fed. R. Crim. P. 7(f) was amended in 1966 to “encourage a more liberal attitude by the courts toward bills of particulars." See Advisory Committee Note to 1966 amendment of Fed. R. Crim. P. 7(£). The threats alleged in the Information against the State of Florida, were apparently in the form of written report (s submitted by 25 of Dixie County’s People in the form of True Bill Preséntments by the People’s Grand Jury under Common Law in Dixie County to appropriate judicial and law enforcement officials, alleging there was ample evidence to suggest public official(s) may be involved in violations of law and/or statute Accused had no part in deciding the credibility of the allegations, but admits he signed the charging document and delivered it to the Clerk of Court for filing, and the Dixie County Sheriff's office for lawful execution. Moreover, Accused is presumed to be innocent of the charges in the State Attorney's Information, Complaints, and Warrants, therefore it must be assumed that Accused is ignorant of the facts upon which the government pleads its Charges. United States v. Smith, 16 F.R.D. 372, 386 (N.D. Mo. 1954). Thus, thevbasic information requested by Accused's motion for a bill of particulars is absolutely necessary in order to allow him to/investigate the charges and prepare for defense. See United States v. Fine, 413.F. Supp. 740, 746 (D. Wis. 1976 (Names of those present during alleged conversations referred to an overt act alleged in the indictment were a proper subject of a bill of particulars); United States v. Tanner, 279 F. Supp. 457, 477 (D. I1l. 1967) (Defendants were entitled to be informed via bill of particulars of names of anyone alleged to have been present at material conversations between two defendants); United States v. Covelli, 210 F. Supp. 589, 590 (D. Ill. 1962 (Government would be required to furnish particulars as to names, if any, of persons who were present at certain conversations forming part of government's case). Cf. Will v. United States, 389 U.S. 90, 101-02 (1967) (Request in bill of particulars for names of persons to whom oral statements were made that were relied on by government to support criminal Impersonation of a Public Official charge as well as time and place statements were made, was not improper on theory that such a request called for list of government witnesses). Indeed, without such information, it would be impossible for Accused to prepare a defense to these charges. Page 2 of 588 89 OL 92 93 94 95 97 98 99 100 101 102 103 104 105 106 107 108 109 110 M1 112 113 14 15 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 | 134 | 135 | DEMAND FOR BILL OF PARTICULARS - by Terry George Trussell Notably, in encouraging a more liberal attitude by courts towards bills of particulars, the 1966 Advisory Committee to Fed. R. Crim. P. cited United States v. Smith, supra, as an example of a judge's "wise use of discretion" in granting a bill of particulars. See Advisory Committee Note to 1966 amendment to Fed. R. Crim. P. 7(c). In Smith, Judge Whittaker ordered the government to provide the defense with a bill of particulars setting forth, inter alia, the exact place where the government had claimed the defendant sold and transferred drugs as well as the names of the person to whom the government claimed the drugs were sold and transferred. See Smith, 16 F.R.D. at 375 III. SPECIFICS DEMANDED Pursuant to allegations purported against Accused, it is demanded specific particulars be submitted as required for Accused’s preparations of defense, including, but not limited to the following documents, inter alia, and other things: 1. Names of all those you intend to call as witnesses against Accused. 2. Names of accusers. 3. Copies of the Criminal complaint (s) against Accused. 4, All witnesses and documentation submitted to you upon which you base the 14 charges against Accused. 5. All documents, including names and addresses of all signers of any and all affidavits leading to the alleged warrant for the arrest of Accused. 6. Arrest warrant(s) used by the Sheriff Hatcher to pursue the arrest of Accused. 7. Name of Arrest Warrant signer and his judicial qualifications to sign the Warrant. 8. The namevOf the original complainant (s) with their signed documents/affidavits, and other records/reports and evidence provided to Florida Department of Law Enforcement which led Florida Department of Law Enforcement to pursue an investigation against Accused. 9. The nature and cause of the 14 charges against Accused. 10. A certified copy of the Oath of office for the following Judges: ‘a. James C. Hankinson b. Cynthia Munkittrick c. Greg Parker 4. Jorge Labarga 11. Also, these state attorneys a. Jeffery Siegmeister b. William Meggs c. Bill Cervone 12. and Court Clerks a. Dana Johnson b. Anna ‘Annie’ Murphy c. Todd Newton Page 3 of 5136 137 138 139 140 141 142 143 144 145, 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 im 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 ES 14. 1s. DEMAND FOR BILL OF PARTICULARS - by Terry George Trussell d. Danny J. Shipp Performance Bonds for all of the before-mentioned public officers. The corporate filings, or business names (if privately held), for all companies acting as surety for bonds on Florida public officials, and the listing of their owners and stockholders. All U.S. Mail, e-mails, and phone call records from July 02, 2014, and November 17, 2014, between: a. Dana Johnson and Jeffery Siegmeister, b. Dana Johnson and Judge Munkittrick, ¢. Dana Johnson and Judge Parker, d. Dana Johnson and William Meggs, and . Dana Johnson and James C. Hankinson, f. Jeffery Siegmeister and Judge Parker, : Jeffery Siegmeister and Sheriff Hatcher, : Jeffery Siegmeister and Judge Munkittrick, : Jeffery Siegmeister and Judge Hankinson, Jeffery Siegmeister and Todd:Newton, Clerk of Court, Gilchrist County, k. Jeffery Siegmeister and/Danny J. Shipp, Clerk of Court, Levy County, 1. Jeffery Siegmeister and Annie white, “FDLE Special Investigator, mn, Jeffery Siegmeister and Frank Linton, FDLE Special Investigator, n. Jeffery Siegneister and Bill Ceryone, ©. FDLE Special Investigators, Frank Linton and Annie White, p./Sheriff Hatcher and Florida Department of Law Enforcemen and or their agents, plus q. All other documents, notes, faxes, memos, and miscellaneous written communications between the before mentioned names; r. An explanation of how the 14 charges apply to Accused; s. An explanation of how Accused impersonated a public officer, or state employee, what officer or employee was impersonated, and the manner and style Accused conveyed (by uniform, badge, state-issued I.D., business card, etc.) any impression to be anything other than the Foreman of the People’s Grand Jury under Common Law in Dixie County; a non-public, non-official assemblage of private People investigating and reporting accounts and allegations of public corruption to law enforcement, public, and judicial officials; as is their right and duty, under the First, Fifth, Sixth and Seventh Amendments to the U.S Constitution, and per US v Williams, 1992. t. Citation of Florida State Statute(s) specifically forbidding the reportage of allegations of criminal and/or incompetence of public officials and/or state employees, by non-public, non-official People in Florida, to judicial and law enforcement officials for subsequent official investigations and appropriate lawful actions. u. A detailed explanation of who was intimidated, harassed, or prevented from doing their duty, including their names and y Page 4 of 5188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 208 206 207 208 209 210 2 212 213 24 215 216 217 218 219 220 221 222 223 224. 225 DEMAND FOR BILL OF PARTICULARS - by Terry George Trussell what duties were prevented, what injuries they suffered, and any and all witnesses to same. v. Charlie Crist’s current title, and duties as an alleged ‘state of Florida’ official; and a description of how those duties were hindered by any actions of the Accused. WHEREAS, Accused acknowledges this Court has a great deal of discretion in ruling on motions for bills of particular, all the Accused is asking for is fundamental fairness and an opportunity to investigate the charges filed. FURTHER, it is moved the Court extend the projected time allotted to try this case, to be, at minimum, 14-days, up to 21 days, to provide ample time for our list of character and technical witnesses, professional experts, and authorities at law, for presentation and cross-examination of their evidence and testimonies. (Subject to extension of time allotted as case plan develops.) Respectfully submitted this 24% day of November, 2014. With All Rights Reserved U.C.C. 1-308 Tiussell, for Accused NOTARY State of Flozida, Dixie County, on this 24% day of November, 2014, before me, the Subscriber, personally appeared Terry George Trussell, to me known to be the living person described herein, and who executed the foregoing instrument, and sworn before me that he executed the same as his free will act and deed. (NOTARY SEAL) Page § of §IN THE CIRCUIT COURT IN AND FOR DIXIE COUNTY STATE OF FLORIDA STATE OF FLORIDA, PLAINTIFF, ve Terry George Trussell, ACCUSED. CERTIFICATE OF SERVICE I, Accused, certify that/on this Z277dayvor 2014, ENA that I caused a copy of DEMAND FOR BILL OF MORE SPECIFIC PARTICULARS "AND MEMORANDA OF LAW IN SUPPORT THEREOF, inethe eo Zz above fatter, to be hand=delivered to State Attorney’ §.Gfficé& ete ® 25 S23 YD sage : a) 232 "7 ’ ss 8 By Tefry G. Trussell, for Accused ) un gad