Filing # 40943014 E-Filed 05/02/2016 11:06:25 AM. OF THE THIRD JUDICIAL CIRCUIT IN AND FOR DIXIE COUNTY, FLORIDA, STATE OF FLORIDA, Case No.: 2014-201CF v TERRY G, TRUSSELL, Defendant i MOTION FOR EXCULPATORY E! ENCE. 1 The Defendant, Terry G. Trussell, by and through his undersigned attorney, moves this Court to enter an order 2 requiring State to disclose to the Defendant all exculpatory evidence within its possession or knowledge. This 3 Motion is brought under the provisions of the Fourteenth Amendment to the United States Constitution, as 4 interpreted by the United States Supreme Court in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L. Ed. 5 2d.2/5 (1963), and subsequent decisions, and Fla. R. Crim. P. 3.2200b)(4) 6 This Motion requests State disclose to Defendant all exculpatory evidence in its possession or within its 7 knowledge. First, it requests, generally, State disclose all favorable evidence material to the issues of either 8 the guilt of the defendant orany punishment thereon, Second, it requests State disclose the following specific, 9 favorable information or material: 10 Any information or material that may impeach any of State's witnesses or tend to reflect upon the un credibility of their testimony in any way, including oral or written statements, polygraph 2 examinations, tape recordings or transcripts, E-mails, or criminal convictions. B Any information or material that may impeach any of Defense's witnesses or tend to reflect upon 4 the credibility of their testimony in any way, including oral or written statements, polygraph 5 examinations, tape recordings or transcripts, E-mails, or criminal convictions. 16 Any information or material that may impeach Defendant or tend to reflect upon the credibility of v their testimony in any way, including oral or written statements, polygraph examinations, tape 38 recordings or transcripts, E-mails, or criminal convictions. 19 CHERRIES BUH Cas aita VAQARAT GF NM RGP TPA, BAAEAMigreements or understandings,20 21 22 23 24 25, 26 7 28 29 30 a 32 33, 35, 36 37, 38 39 40 41 42 43 MOTION FOR EXCULPATORY EVIDENCE either oral or written, between State or any of its agents, and any State witness, or their attorneys or representatives, Any evidence or testimony of any kind favorable to the Defendant and material to the defense of entrapment, including statements made to the Defendant to induce him to enter into the transactions that form the basis of this prosecution and any statements or acts of the Defendant made or taken at the time of these transactions, or at any time prior to these transactions, that would tend to prove the predisposition of the Defendant not to enter into transactions of this nature, Any evidence or testimony of any kind favorable to the Defendant and material to the defense of Good-1 ith, including statements made to or by the Defendant that tend to prove lack of fraudulent intent in relation to the transactions that form the basis of this prosecution and any statements or acts of the Defendant made or taken at the time of these transactions, or at any time prior to these transactions, that would tend to prove the predisposition of the Defendant not to enter into transactions of this nature fraudulently. Any evidence or testimony of any kind favorable to the Defendant and material to the defense of right to freely assemble and petition for redress, including statements made to the Defendant in relation to the transactions that form the basis of this prosecution and any statements or acts of the Defendant made or taken at the time of these transactions, or at any time prior to these transactions, that would tend to prove the predisposition of the Defendant at the time of purported assembly and purported delivery of true bills. Any evidence or testimony of any kind favorable to the Defendant and material to the defense of mistake of law, including statements made to the Defendant in relation to the transactions that form endant made or taken at the time the basis of this prosecution and any statements or acts of the De of these transactions, or at any time prior to these transactions, that would tend to prove the predisposition of the Defendant not to enter into transactions of this nature. Any evidence or testi nony of any kind favorable to the Defendant and material to the defense of45, 46 47 48, 49 50 51 52 53 55. 56 7 58 59 60 61 62 63 65 66 o7 68 6 10. MOTION FOR EXCULPATORY EVIDENCE immunity, including statements made to the Defendant to induce him to enter into the transactions that form the basis of this prosecution and any statements or acts of the Defendant made or taken at the time of these transactions, or at any time prior to these transactions, that would tend to prove the predisposition of the Defendant not to enter into transactions of this nature and or the defense of immunity. Any evidence or testimony of any kind favorable to the Defendant and material to the defense of Private Attorney General, including statements made to the Defendant to induce him to enter into the transactions that form the basis of this prosecution and any statements or acts of the Defendant made or taken at the time of thes e transactions, that would transactions, or at any time prior to thes tend to prove the predisposition of the Defendant not to enter into transactions of this nature and or the defense of Private Attomey General Any information or material that may impeach any of State's witnesses or tend to reflect upon the credibility of their testimony in any way, including oral or written statements, polygraph examinations, tape recordings or transcripts, E-mails, or criminal convictions in relation to the fling, or non-filing of the two True Bills at issue. Any information or materials that reveals all of State’s probable cause is predicated on extracted during a ‘ruse’ created by FDLE Special Agents Frank Linton and Annie White Any evidence or testimony of any kind favorable to the Defendant and material to the defense of Fraudulent Inducement, including statements made to the Defendant to induce him into participating in the FDLE Special Agents’ ruse, that formed the basis of this prosecution, and any statements or acts of the Defendant made or taken at the time of this fraudulent transaction, or at any time prior to, or subsequent to, this transaction, and that tend to disprove State’s allegations and. nullify State’s Information against Defendant, Any and all statements, information or materials that Jeffrey Siegmeister, Timothy Alexander, Cheryl Pridgen, Chuck Farmer, Paul Gainey, Dwayne Rollinson, Charlie Crist, Rick Scott, Pam70 ae nR B 4 75 76 7 78 79 80 aL 82 83, 85, 86 87 88. 89 90 1 92 93, 94 95, MOTION FOR EXCULPATORY EVIDENCE Stewart, or any others who are included on the State's discovery exhibits as a Category C witness, would present testimony or evidence that would tend to negate the guilt of the Defendant or that would be favorable on the issue of the guilt of the Defendant or any punishment thereon; including, but not limited to whether or not he/she or any other witness listed on the State's discovery exhibit asa Category C witness would present testimony or evidence that would be favorable on the specific issue of: any alleged ‘filing’ of an alleged ‘False Indictment’; any injuries; deliberately impersonating or falsely acting as a public officer of employee; any action falsely under the color of law; simulation of legal process or false indictment; reason to know content, procedure, or basis, idation, harassment, or fraudulent; intent; knowledge; willfulness; identity; any influence, inti retaliation against, or hindering of a public officer or employee involving the discharge of his or her official duties; by means of threats Of or actual abuse or harassment or through simulated legal process; or any other element of the offense charged. WHEREFORE, Defendant prays this Court will issue its order requiring State to disclose any favorable evidence material generally to the issues of guilt or sentencing and specifically, any favorable evidence that is material to any of the above issues. CERTIFICA’ Opposing counsel has or will be contacted in an effort to resolve the matter without hearing. We will inform the Court is hearing is necessary. (Pursuant to Item 4 of Judge Hankinson’s February 29, 2016, Case Management Order ~ DE-269) Respectfully submitted, By: /s/ Inger M. Garcia, Esq, /s/ May 2, 2016 Inger Garcia, Esq.MOTION FOR EXCULPATORY EVIDENCE 96 7 98 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the above motion has been served this 2nd day of May, 2016, to all parties listed on the following Service Respectfully submitted, Inger Garcia, Esq. Garcia Legal Group Attorney for Trussell 4839 Volunteer Road; #514 Davie, Florida 33330 Cellular: (954) 394-7461 Tel.: (954) 894-9962 Fax: (954) 446-1635 ServiceE-Mail:attorney@ingergarcia.com ney @FloridaPotLawFirm.com By: /s/ Inger M. Garcia, Esq. Inger Garcia, Esq. (FBN:0106917) RVICE T William N. Megs Leon County Courthouse 301 S. Monroe Street Tallahassee, Florida 32399 email: hurstm@leoncountyf1.zov