Filing # 40985063 E-Filed 05/02/2016 06:21:45 PM IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT IN AND FOR DIXIE COUNTY, FLORIDA, STATE OF FLORIDA, | Case No.: 2014-201CF TERRY G. TRUSSELL, Defendant, Florida Rule of Criminal Procedure 3.190(c)(3) Verified MOTION TO DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY: Re Grand Jury Proceedings and Article I, §§1, 4, & 5 of the Florida Constitution Comes now the Defendant, Terry George Trussell, by and through his undersigned counsel, hereby to file the following Verified Motion to Dismiss all Fourteen Counts of William N. Megs September 19, 2014, Information against him, pursuant to Rule 3:190(c)(3) of the Florida Rules of Criminal Procedure on Grounds of Absolute (i.e. Judicial) Immunity re: Grand Jury Proceedings, as well as Article I, $§1, 4, and 5 of the Florida Constitution. 1. For purposes of this Motion, Defendant Terry George Trussell incorporates by reference all of the legal argument and factual allegations and evidence set forth in his April 11, 2016, “Motion to Allow or Compel Testimony Regarding Grand Jury Conduct under §905”, Dixie Clerk Docket Entry #279, excepting the prayer for relief, this motion states narrowly as follows: 2. Defendant moves and prays that the Court Dismiss all counts of the Information in this case because Grand Jurors enjoy the same absolute immunity as Judges, and prosecutors, to all conduct taken in their capacity as grand jurors except for perjury, breaking grand jury secrecy, or opposing the ends of justice: in states such as Florida, where the grand jury is preserved, it is an important appendage of the court which impanels it Electronically Filed Dixie Case # 14000201CFAXMX 05/02/2016 06:21:45 PMRULE 3.190(c)(3) VERIFIED MOTION 10 DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY State v. Clemmons, 150 So.2d 231, 233 (Florida Supreme Court, February 20, 1963), Terry George Trussell was, at all times relevant to the conduct alleged in the September nformation, Foreman of the Dixie County Statutory Grand Jury. Terry George Trussell acknowledges that as. statutory matter, statutory Judges are charged with the supervision of empaneling and instructing a grand jury, as well as resolving conflicts with prosecuting attorneys. Terry George Trussell asks whether there is any express or implied limit on the power of a grand jury to reconstitute itself so as to preserve its integrity when the judges of the Circuit Court failed to do their duty? 6 Is there any crime to politically reorganize the Grand Jury to comply with its constitutional purposes as a free assembly and expression of opinion? 7. Terry George Trussell has not been charged with perjury, nor have allegations been made. 8 Terry George Trussell has not been charged with violating grand jury secrecy. 9. One or more witnesses in depositions held to date have admitted first that Terry George Trussell never impersonated anyone and that the document he signed as Foreman of the Dixie County Grand Jury were never “filed” within the meaning of Florida law. In fact at his last deposition April 29, 2016, FDLE SA Linton stated there were no impersonation issues, and he in fact did not include impersonation as part of the initially filed Probable Cause Affidavit, since it ‘was not supported then, nor is it supported now. 10. Whether expressly authorized by statute or not, no corrupt purpose or otherwise improper motivation for personal gain can be attributed to Terry George Trussell for any of his conduct relating to the controversial organization of the People’s Common Law Grand Jury, and/or hisRULE 3.190(¢)(3) VERIFIED MOTION TO DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY attempt to replace what he reasonably perceived to be the dysfunctional, possibly corrupted Statutory Grand Jury with the Common Law Grand Jury. 11. The worst that can be said about Terry George Trussell is that he was perhaps overzealous, but it has never been alleged in regard to that he exceeded the boundaries outlined the Florida Supreme Court which has written: We have held that the grand jury has extensive inquisitorial powers which include the authority to bring to the attention of the court and, public, undesirable conditions which they find to exist and which require remedy. The grand jury is not authorized to investigate the private affairs of individuals and it should not‘single out public officials for scurrilous condemnation without accompanying indictment, Grand jurors may make a fair report of their findings even though it incidentally reflects adversely upon a public official responsible for the condition, State [ex rel. Brautigam] v. Interim Report of Grand Jury, {93 So.2d 99 (Supreme Court of Florida, February 27, 1957)] A grand jury should not defame an official merely for the sake of defamation. It should not excoriate and scurrilousty defame a judicial officer who is an essential component of our system for administering justice any more than should a judge exeoriate and defame or contemptuously treat grand jurors who are engaged in, the conscientious performance of their duties. Such conduct by either reflects adversely on the sanctity of the whole judicial process. We interpolate that the instant record does not support the slightest suggestion of any such conduct or intention by the judge or the grand jury. The measure of the conduct of each toward the other is truth, dignity, fair-play, common sense and mutual respect. When these limits are exceeded then it is appropriate that corrective measures be taken in the orderly course of the administration of justi Hd., 150 80.24 at 234, 12. In fact, all elements of Defendant Terry George Trussell’s conduct, for which he faces as much as $| nty years in prison, wasai ed at exercising the “extensiveRULE 3.190(c)(3) VERIFIED MOTION 10 DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY inquisitorial powers which include the authority to bring to the attention of the court and public, undesirable conditions which they find to exist and which require remedy. 13. These goals are entirely aimed at the furtherance of justice and in particular at maintaining the independence and integrity of the grand jury system: The grand jury is a common law institution, In the reign of Edward II, the Sheriff returned a panel of twenty-four knights to inquire at large for the county, and this body was termed "Ie graunde inquest”. During this period, the grand jury was an arm of the crown, acting as a public prosecutor for the purpose of ferreting out all crimes, with the members of the inquest being at all times bound to inform the court either singly or collectively their reasons for arriving at their verdict and the evidence upon which it was based. "The seed, however, had been sown in Bracton's time, which was destined to change the grand jury from a mere instrument of the crown to a strong independent power which stood steadfast between the crown and the people in the defence of the liberty of the citizen.” there is no question that the Common law as it existed at the time of the adoption of our Constitution, recognized that the grand jury was absolutely free from the control of the court in its findings. Clemmons v. State, 141 $o.2d.749, 752 (Florida 1¥ DCA, April 26, 1962)" 14, Florida Statute §905.27 expressly limits the liability of a grand juror (and his or her exposure to no more than a Misdemeanor of the First Degree for specific violations) as follows: (1) A grand juror, state attorney, assistant state attorney, reportef, stenographer, interpreter, or any other person appearing before the ‘grand jury shall not disclose the testimony of a witness examined before the grand jury or other evidence received by it except when required by a court to disclose the testimony for the purpose of: (a) Ascertaining whether it is consistent with the testimony given by the witness before the court: (b) Determining whether the witness is guilty of perjury; or (©) Furthering justice. (2) It is unlawful for any person knowingly to publish, broadeast, disclose, divulge, or communicate to any other person, or 1 ‘The Florida First District Court of Appeals’ opinion in Clemmons (141 So.2d 749) was essentially adopted in full by the Supreme Court (150 So.2d 231), which added only some clarifying and amplifying dicta concerning the contempt power of the Courts.RULE 3.190(¢)(3) VERIFIED MOTION TO DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY knowingly to cause or permit to be published, broadcast, disclosed, divulged, or communicated to any other person, in any manner whatsoever, any testimony of a witness examined before the grand jury, or the content, gist, or import thereof, except when such testimony is or has been disclosed in.a court proceeding. When a court orders the disclosure of such testimony pursuant to subsection (1) for use in a criminal case, it may be disclosed to ‘the prosecuting attorney of the court in which such criminal ease is pending, and by the prosecuting attorney to his or her assistants, legal associates, and employees, and to the defendant and the defendant’s attorney, and by the latter to his or her legal associates and employees. When such disclosure is ordered by a court pursuant to subsection (1) for use in a civil case, it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees. However, the grand jury testimony afforded such persons by the court can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever. (3) Nothing in this section shall affect the attomey- client relationship. A client shall have the right to communicate to his or her atiomey any testimony given by. the client to the grand jury, any matters involving the client discussed in the client’s presence before the grand jury, and any evidence involving the client received by or proffered to the grand jury in the client’s presence, (4) Persons convicted of violating this section shall be guilty of a misdemeanor of the first-degree, punishable as provided in §775.083, or by fine not exceeding $5,000, or both. (8) A violation of this section shall constitute criminal contempt of court. 15, As shown in Clemmons and many other Florida cases, F.S. §905.28 similarly, but very expressly, limits the available remedies or sanctions for an “overzealous” grand juror, effectively rendering the state’s prosecution of Defendant Terry George Trussell a complete nullity on its face: § 905.28. Publication of report or presentment; motion to repr (1) A report or presentment of the grand jury relating to an individual which is not accompanied by a true bill or indictment is confidential and exempt from the provisions of s, 119,07(1) and s. 24(a), Art. Lof the State Constitution and shall not ‘be made public or be published until the individual concerned has been furnished a copy thereof and given 15 days to file with the circuit court a motion to repress or expunge the report or that portion which is improper and unlawful. (2) Any such motion, whether granted or denied, shall automatically act as a stay of publie announcement of suchRULE 3.190(c)(3) VERIFIED MOTION 10 DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY report, or portion thereof, until the circuit court’s ruling on the motion is either affirmed or denied by the district court of appeal or, if'no appeal is taken, until expiration of the period within which an appeal could have been taken, 16. In short, if any documents signed by Defendant Terry George Trussell was in any way improper, the sole remedy was a motion to repress under $905.28, 17, Instead of the proper procedure being followed in this case of first impression, all the witnesses involved made error afler error in handling of this matter. Judge Parker testified that no Order was entered to allow the removal of the relevant documents (at his deposition on April 29. 2016.) Further, if the Clerk corrected the initial error in filing the documents by her office, when they should have gone into the private Grand Jury “blue” file; then, itis clear that the error of filing or recording, never actually legally happened to begin with and is a nullity. 18, Defendant Terry George’ Trussell has not discovered, nor has the State offered, even a single decision arising from the State Courts of Florida (or any other state) in which a grand juror was ever convicted of, much less prosecuted for, a crime relating to her orhis conduct in organizing or administering or presiding over a grand jury. th @ ses in which Grand Jurors are prosecuted for any kind of misconduct are extremely rare, though not entirely non-existent, 20. One extremely unusual case arising from the Federal Courts of Florida is the extremely odd case of United States v. Brenson, 104 F.3d 1267 (11" Cireuit, February 5, 1997), wherein a grand juror was convicted of obstruction of justice (18 U.S.C. §1503) for disclosing information conceming grand jury proceedings to a Grand Jury Target concerning allegations and witnesses being investigated on charges of drug smuggling and money laundering in the Southern District of Florida.RULE 3.190(c)(3) VERIFIED MOTION 10 DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY 21. The contrast between the fact and posture of Brenson and those against Terry George Trussell in this case highlight the absurd impropriety and unconstitutional character of the charges against Trussell. Because there are no first amendment considerations present, the court need only review the statute's clarity as applied to the facts of this case. United States v. Howard, 569 F.2d 1331, 1337, n. 9 (Sth Cir,1978) (citing United States v. Powell, 423 U.S. 87, 92, 96 S, Ct. 316, 46 L. Ed, 2d 228 (1975)). Brenson cannot challenge § 1503 as constitutionally vague on its face. Id Id., 104 F.3d at 1280. 22, Terry George Trussell submits that all the conduct for which he stands accused of wrongdoing stands at the politically expressive core of all activity belonging to the people and protected by the First, Ninth and Tenth Amendments to the United States Constitution as well as Article 1, §§1, 4 and 5 of the Florida Constitution, relating the express reservation of all political power to the people, as well as a broader statement of the rights to freedom of speech and assembly than that contained in the U.S. First Amendment. 23. Specifically, in light of the Florida Supreme Courts language in the Clemmons’ opinion above, it is clear that the Grand Jury power is a political power within the judicial branch of government reserved entirely to the people. 24, The judicial immunity which Terry George Trussell asks this court to recognize and uphold in this case is fundamental and repeatedly reaffirmed by the Supreme Court: PROTECTION AND IMMUNITY OF GRAND JURORS, Grand jurors are fully protected from actions against them by being an independent body answerable to no one except the court that empanels it, No inquiry may be made to learn what grand jurors said or how they voted, The law gives the grand juror complete immunity (emphasis added) for offi There is only one exception: ifa grand juror testifies as a witnesRULE 3.190(c)(3) VERIFIED MOTION 10 DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY the grand jury as to a commission of a crime and that testimony is perjured, the juror could be prosecuted for that perjury. This complete protection for the official acts obviously is vital to the operation of the grand jury and points up that grand jurors should be citizens of unquestionable integrity and high character. In re Std. Jury Instructions in Crim. Cases (No. 2004-1), 911 $0.24 766, 777 [Grand Jury Handbook], 784 [Grand Jury Instructions] (Supreme Court of Florida 2004), 911 So.2d at 783- 784, 25. The Court must make a finding of complete immunity for Grand Juror Terry Trussell and dismiss this matter forthwith. Defendant’s Prayer for Relief, WHEREFORE, the Defendant Terry George Trussell, by and through undersigned counsel, hereby moves and prays this Court to grant this his Verified Motion to Dismiss counts I- XIV of the September 19, 2014 Information against him on grounds that Grand Jurors possess the same absolutely immunity as judges, in that the Grand Jury is an “important appendage” of the Court, and that no conduct has been alleged against him which is not directly related to the execution of his oath and statutory function as a grand juror in general, and as Foreman of the Statutory Grand Jury in Particular, Furthermore and specifically, in the first instance, Defendant Terry George Trussell moves and prays that the Court will recognize that the function of a grand jury is essentially political in nature, within the meaning of Article I, §1 of the Constitution, and that the creation of an alternative grand jury (to wit, the Dixie County People’s or Common Law Grand Jury) was an entirely political act of expression and assembly immunized and made privileged by Article I, §§4 and 5 of the Florida Constitution, as well as by the First, Ninth, and Tenth Amendments to the Constitution of the United States.RULE 3.190(c)(3) VERIFIED MOTION 10 DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY Furthermore and specifically, in the second instance, Defendant Terry George Trussell asks that this Court affirm that the rules provided by the Supreme Court of Florida grant absolute immunity to all grand jurors except for perjury and obstruction of justice. Furthermore and specifically, in the third and final instance, Defendant Terry George Trussell asks this Court to affirm that the prosecuting attorney for the State of Florida has exceeded his power and jurisdiction by secking to bring felony charges against a statutory grand juror for impersonating a grand juror, in that the right to reform a corrupt. institution (any corrupt institutions) is a political right reserved to the people by Article I, §1 ofthe Florida Constitution.RULE 3.190(¢)(3) VERIFIED MOTION TO DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY Defendant Terry George Trussell’s Acknowledgment & Verification Rule 3.190(6)(3) Florida Rules of Criminal Procedure I, the undersigned Terry George Trussell, the Defendant in Case Number 2014-201 CF, Dixie County, do hereby acknowledge, affirm, swear to and verify the truth of all statements of fact in my above-and-foregoing Motion to Dismiss, under penalty of perjury, and in the presence of the undersigned officer. Terry George Trussell, a natural person and Defendant in this case. STATE OF FLORIDA COUNTY OF Jam an officer authorized to administer oaths in the State of Florida, County of Defendant Terry George Trussell appeared in person before me on this Monday the 2 day of May, 2016 to acknowledge, affirm, swear to and verify his Motion to Dismiss, as required by law. Being known to me and/or having presented me with sufficient identification, namely his with number Idid then and there administer the oath to the Defendant and Trequire him to depose and to acknowledge, affirm, and swear to the truth of all statements of fact made within the above-and-foregoing Motion, which he did freely and voluntarily and under no apparent disability. Defendant ‘Terry George Trussell did then and there sign and acknowledge his oath and statement before me on this 2" day of May, 2016, by Nolary Public, my signature and seal of office above Printed Name: Business Address: Telephone: Commission # . Expires: 10RULE 3.190(¢)(3) VERIFIED MOTION TO DISMISS ON GROUNDS OF ABSOLUTE IMMUNITY CERTIFICATE Opposing counsel has been 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) May 2, 2016 Respectfully submitted, By: /s/ Inger M. Garcia, Esq. /s/ Inger Garcia, Esq. SERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the above motion fas been served this 2nd day of May, 2016, to all parties ced on the following Service list. Respectfully submitted, Inger Garcia, Esq Garcia Legal Group Attorney for Trussell 4839 Volunteer Road; #514 Davie, Florida 33330 Celhilar: (954) 394-7461 Tel.: (954) 894-9962 Fax: (954) 446-1635 ServiceE-Mail:attomey@ingergarcia.com attomey@FlotidaPotLawFirm.com By: /s/ Inger M. Garcia, Esq. Inger G (FBN:0106917) Esq SERVICE LIST William N. Meggs Leon County Courthouse 301 S. Monroe Street Tallahassee, Florida 32399 email: hurstmé@leoncountyfl gov aRULE 3.190(cI(3) VERIFIED MOTION TO DISMISS ON GROUNDS OF ABSOLUTE [MMUNTTY Detendant Terry George Trassell's Acknowledgment & Verification Rule 3.190(¢)(3) Florida Rules of Criminal Procedure 4, the undersigned Terry George Trussell, the Defendant in Case Nember 2014-201 CF, Dixie County, do hereby acknowle firm, swear to and verify the truth of all statements of fact in my above-and-foregoing Motion to Dismiss, under penalty of perjur ce of the undersigned officer. a lilt Terry George Trussell, aatatural person and Defendant this case, STATE OF FLORIDA COUNTY OF __ 2. 1am an officer authorized to administer oaths inthe State of Florida) County of QD Defendant Terry George Trussell appeared in person betore mean this Monday the 2 day of May. 2016 to acknowledge, affirmyswear 10 and verify his Motion to Dismiss, as required by laws ( Being known to me andlor having presented meiitith sufficient identification, namely his With number), did then unidithere administer the oath to the Defendant and Trequire him to.depase and to acknow ledges affirm, and sear {o the truth of all statements of fact made withinithe above-and-foregoing Motion, whieh he did ty and voluntarily and under no apparent disability, Defendant Terry George issell did then and there sun and acknowledge his oath and fied Name! oe Business Address: 25703 SE GSe2 SANZ NZS ny AR Tow, 4 322 ¥O Telephone Commission fF P73 2a 7. 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