Motion for dismissal for destruction of exculpatory evidence.

[WeaponGuy]

Florida.

I'm facing agg battery on a LEO. The officer claims while at a traffic stop, I came up and hit him with a stick. There is no stick in evidence and no attempt was made to even search for one. No citation was written at the traffic stop and the names of the people pulled over at the time, who could exonerate me, were not retained by the officer. In fact, he accidently kept the driver's license until after they'd left the scene and had to later have it mailed back, but even after admitting this, claims on the incident report there were no witnesses. I have a useless PD and want to write my own motion for dimissal. I spoke to a private attorney who told me to save my $3000 on him, since it's such an easy case and the PD should be able to handle it, but I'm being hung out to dry by the PD. I'm searching for case history on denial of due process on the basis of 6th Amendment right to "to have compulsory process for obtaining witnesses in his favor" and for destruction of evidence. Also, I need to know the format. I currently have Brady v. Maryland and Pyle v. Kansas. Any other ideas or help would be appreciated, too. Thank you.

 

[stephenk]

so what did you really do to the officer? Why would he pick on you in particular?

 

[WeaponGuy]

I've seen some of the threads here...

I actually have a life and don't feel like answering every curiosity or attack, like most of the people who post here. Suffice it to say this happened in Lawtey, FL. If that doesn't answer your question, then do a search for the town and see what you find. It's a haven for corruption and abuses of power. The cops there routinely act with complete impudence. I'm not going to try the case in this forum for you bored people. If you don't have any legal help (which most of you obviously don't) then just go to a chat room.

 

[stephenk]

"I'm searching for case history on denial of due process on the basis of 6th Amendment right to "to have compulsory process for obtaining witnesses in his favor" and for destruction of evidence. Also, I need to know the format. I currently have Brady v. Maryland and Pyle v. Kansas. Any other ideas or help would be appreciated, too. Thank you."

Since you have such a high opinion of the people on this board, why dont you go to your local law library and look up the criminal procedure books and prepare your motion. Or have your attorney prepare the motion.

If you dont like the representation by the PD, you can hire your own attorney or request the court to allow you to represent yourself.

 

[GKris]

You could always move to Texas. Wait, forget I said that. I got yelled at the last time I offered to help a fellow troubled soul.