Filing # 47447766 E-Filed 10/11/2016 10:22:57 AM. IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT, IN AND FOR DIXIE COUNTY, FLORIDA. STATE OF FLORIDA CASE NO. 14-201-CF vs. TERRY GEORGE TRUSSELL, Defendant. / STATE'S RESPONSE TO DEFENDANT'S MOTION TO SET BAIL PENDING APPEAL COMES NOW the State and files this Response to Defendant’s Motion to Set Bail Pending Appeal. The State objects to the setting of bail on the following grounds: 1. The criteria for setting of bail is set forth in Younghans v. State, 90 So.2d 308 (Fla.1986). The criteria in Younghans are as follows. a. Whether the appeal is taken for delay or in good faith on grounds not frivolous but fairly debatable. b. The habits of the individual regarding respect for law. c. Local attachments to the community by way of family ties, business or investment d. The severity of the sentence imposed and circumstances relevant to the question of whether the defendant would remove himself from the jurisdiction of the court. 2. As to the good faith, not frivolous, fairly debatable standard under above paragraph (1)(a), the grounds are unknown at this time as the defendant has not filed any assignments of error or stated any grounds for appeal Electronically Filed Dixle Case # 14000201CFAXM® 10/11/2016 10:22:67 AM3. As to the Defendant's respect for law, the State is prepared to provide the Court with several reasons that show the Defendant has utter disregard and respect for the law and the Court. This includes but is not limited to the following: a. The Defendant was present in the courtroom on October 9, 2014 for his arraignment. When his name was called he stood and stated to the Court he was there to speak on behalf of the Defendant Terry Trussell. When asked by the Court if he was Terry Trussell he answered, “He was a natural born American citizen.” Trussell was told by the Court to sit down. Trussell's name was called three more times by Judge Hankinson, Judge Hankinson asked if the Defendant's bondsman had been notified and the Clerk advised in the affirmative. Judge Hankinson issued a capias and estreated the bail, recessed court and left the courtroom. After the Judge left the courtroom the deputies took Trussell into custody. Trussell stated, but | am here. Neither the Court nor the State Attorney's Office knew Terry Trussell at that time. Because of the lack of respect and contempt for the Court his arraignment was unnecessarily delayed until October 30, 2014. The Defendant failed to present himself to the Court's jurisdiction as like- minded individuals do not recognize the authority of our Courts. The Defendant tried to represent himself (Pro Se) for a time and after his case was set for trial the Defendant retained attorney Stephen Crawford on March 17, 2015. Attorney Crawford immediately filed amotion to continue which the State in good faith could not oppose. However, on June 24, 2015 Stephen Crawford was discharged by Terry Trussell after getting the continuance and Trussell retained his current attorney Inger Garcia. Eventually, Trussell was granted a second continuance at the request of attomey Garcia. Therefore, as to the foregoing the Defendant has caused unnecessary delay and demonstrated a total lack of respect for the Court. . Continuing with Defendant's respect for law, by his own actions and conduct the Defendant failed to follow the Court's instruction as to the role of the statutory Grand Jury. The Chief Judge of the Third Circuit made himself available to the statutory Grand Jury. It was clear from testimony at trial that the only person on the statutory Grand Jury having any issue was the Defendant. When he could not get his way the Defendant declared the statutory Grand Jury null and void. He purported to recuse the Chief Judge from involvement with the statutory Grand Jury and disqualify the State Attorney. Moreover, he attempted to have the State Attorney arrested and jailed. All the while the Defendant was violating the long held rules for Grand Jury operation Further, the Defendant showed total disrespect for the Court and the integrity of the judicial process at his sentencing. The State is attaching a video of his entrance into the courtroom on July 22, 2016(Attachment “A"). The Defendant appeared to be disabled to the point a bailiff had to assist him into the courtroom and Trussell had to hold the jury box railing to get to counsel table. Further, the Defendant made a big issue of being unable to stand because of his weakness and frailty, thus he was allowed to testify at sentencing from his seat. Testimony was taken from Sheriff Hatcher that the Defendant was doing just fine in custody. The State is attaching two additional videos, one being Attachment “B" which is a twenty-four hour surveillance tape taken in the Dixie County Jail on July 25, 2016 which was two days after Trussell’s charade in court on July 22, 2016. This video shows the Defendant exercising by walking up and down the stairs in his jail pod no less than eleven times in succession. Many times the Defendant is up and down the stairs without holding the stair rail. It is the State's position that the Defendant was putting on an act for courtroom spectators at his sentencing. Thus demonstrating his total disrespect for the Court and the laws of our land. Attachment “C’ depicts the Defendant eating breakfast and getting several glasses of drink during breakfast. This conflicts with his testimony at sentencing about being dehydrated and his veins collapsing. Again this shows his lack of respect for the Court and the law. The Court should also take note of how the Defendant seemed to forget about his feigned disability as he spoke about what a great American he was. The Defendant seemed to get stronger the more he talked about himself,Additionally, the Court should take note from the actual trial of how the Defendant seemed to be able to easily answer the questions posed to him by his attorney but could not understand the simplest questions asked by the State. This is further evidence of his contempt and lack of respect for our system of law. 4. As to the Defendant's attachment to the community by way of family ties, business or investment; the Defendant has no family in Florida. His only daughter does not reside in Florida. He has no business in Florida and as best is known he has invested in approximately five acres in Dixie County which if called upon FDLE Agent Frank Linton would testify is unimproved and apparently abandoned. “Agent Linton would also testify that while on bond the Defendant lived in a motor home and left the five acre Dixie County property. 5. The Defendant was sentenced to 8 % years which his attorney says is tantamount to’a life sentence. If this is correct the Defendant would have every reason to get in his motor home and leave this jurisdiction. Letters were received and comments made on social media that would indicate the Defendant has resources and supporters from all over the country. It would be relatively easy for the Defendant to hide out with like-minded people and live below the radar for the rest of his life. FDLE Agent Frank Linton would testify that like-minded people have been known to hide bonded defendants even with electronic monitoring in locations in the western United States where law enforcement does not have access.Further, should a hearing be held the State would offer testimony from the bondsman who posted Trussell’s pretrial bail that on two occasions the Defendant left Dixie County without notifying his bondsman. The Defendant moved to Gilchrist County without notifying his bondsman and the Defendant himself testified that he relocated to Fort Lauderdale to be near his attorney for pretrial preparation. Trussell's bondsman would testify that again he was never notified of this move. Since the Defendant was at one time in the bail bond business this is further evidence of his lack of respect for the law and the justice system WHEREFORE, in light of the foregoing the State requests that bail be denied for the reasons stated or that a hearing be set to allow the State to prove the allegations as to the standards set out in Younghans v. State. Respectfully submitted, /s/ William N. Meggs WILLIAM N. MEGGS Assigned State Attorney Leon County Courthouse 301 S. Monroe Street Tallahassee, FL 32399-2550 (850) 606-6000 FL Bar No: 224545, a02_leon@leoncountyfl.gov CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via electronic mail to Inger M. Garcia, Esquire, 4839 Volunteer Road, #514, Ft. Lauderdale, FL 33330, attorney@ingergarcia.com and by U.S. Mail this the 11th day of October, 2016 {s/ William N. Megs WILLIAM N. MEGGS Assigned State AttorneySTATE VS. TERRY TRUSSELL DIXIE COUNTY CASE #14-201CF Attachment “A” - July 22, 2016 Viewing starts at beginning of CD Attachment “B” 34:44 — 35:42 36:26 - 37:26 39:29 — 40:30 41:16 - 42:16 43:00 - 43:56 44:39 — 45:48, 46:23 - 47:12 47:53 - 48:50 49: 31 - 50:27 51:30 - 52:22 52:57 - 53:44 - July 25, 2016 Attachment 09:54 - 10:40 14:25 — 14:52 19:45 — 20:08 28:00 - 29:00 - July 24, 2016