Filing # 42334818 E-Filed 06/05/2016 11:51:49 PM a 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. MOTION TO DISMISS CASE DUE TO LACK OF STATE’S ABILITY TO MEET RE! F EVIDENCE — TW UISITE ELEMENTS DUE TO LACK “TRUE BILLS 3.190(C)(4) MOTION IN LIMINE TO RESTRICT USE OF TWO TRUE BILLS AND IMPROPER USE TO TERM ‘FILING’ OR ‘RECORDED MOTION TO EXCLUDE EVIDENCE DUE TO ACCIDENTAL M_ OFFICIAL RECORDS AS TONAL TAMPERING Defendant, Terry G. Trussell, by and through his undersigned attorney, and pursuant to Rule 3.190(h) Florida Rules of Criminal Procedure, moves this Court to suppress the Two “True Bills” allegedly made and delivered to the Clerk of Court in Dixie County on August 15, 2014, by the Defendant, as follows: 1. Defendant allegedly delivered to the Clerk of Court in Dixie County on August 15,2014, two documents referred by the State as “True Bills.” Further, the Defendant Trussell purportedly delivered all the documents attached as Composite Exhibit 1 to the Clerk of Court in Dixie County on the dates as reflected in the Composite Exhibit 1, Which filed under separate cover. 2. The Defendant is only being prosecuted for Two of the purported documents, purportedly known as B:469 P:624 and 625; and B:469 P: 626 and 627, Electronically Filed Dixie Case # 14000201CFAXMX 06/05/2016 11:51:49 PM2 2 a 28 a 33 35 a7 Fo 40 a 2 43 MOTION TO DISMISS, EXCLUDE OR LIMIT When FDLE originally investigated this matter; they investigated it as if the documents had been recorded in the Official Records by Trussell as a purported “fraudulent indictment.’ However during discovery and depositions it was determined the documents ‘were not actually ‘indictments’ but possibly ‘simulated legal processes’”. See depositions previously filed for purposed of pre-trial hearings However, it has been further disclosed in discovery through numerous depositions, including Dana Johnson, Christy Johnson, Cindy Hemandez, Dawn Dubois, and FDLE SA Frank Linton (in his second deposition additionally) that these two True Bills are actually not now recorded in the Official records, have been substituted for either blank pages or other court records, have been removed without court order or any statutory authority, and were never intenided to be recorded in the first place. The Clerk admitted to recording these documents in error. They were to be placed into a ‘luc’ file that Clerk Dana Johnson had informed Trussell she was going to place all documents Trussell delivered to the Clerk’s office into. This ‘blue’ file is not a file for official records for the publie; but, was specially created for the private filings of the Statutory Grand Jury Foreman Terry Trussell The Clerk further testified she relied on the legal opinion of Robert McDonald of the Clerk’s Association in placing the documents into a non-public file, See Composite Exhibit 2 filed under separate cover. Given the Two ‘True Bills’ were either accidentally filed and promptly removed and replaced by the Clerks; or the two documents were illegally removed from the Official Records without proper Court Order or Authorization; then, these two documents are Page 2 of 1044 45 46 a 9 5 82 53 55 5 6 6 65 MOTION TO DISMISS, EXCLUDE OR LIMIT tainted, tampered with, or are not recorded in the Official Records, or are not “filed” in an official court file, and GIVEN THAT THE KEY ELEMENT TO TALL CRIMES. CHARGES IS ‘SIMULATED LEGAL PROCESS’, since there is no “legal process” without filing; there cannot be a ‘simulated legal process’ The State is attempting to use the word is being placed in any file, which is not a proper use of the term in the statute or in law. The cletk’s statutes as present in the motion for jury instruction incorporated herein as well as the petition for quo warranto’, incorporated here, clearly define the use of the words ‘filing’, ‘recorded’, ‘official records’ and then the public records are defined. ‘The Clerk of the Criminal Court testified there were no documents filed in the Clerk of Courts for the Court system. 9. Further, given that to be a ‘simulated legal process’ it must first be a “legal process’ per §843.0855(1), these two documents cannot be a “legal process” due to the non-filing or Recording status, An element of the definition of ‘legal process’ includes “the filing or recording with an official court of this state.” 10. As a result of the tainted evidence; there are no documents to prosecute Terry Trussell for and filing is one of the elements of the crime and these documents were intentionally or negligently mishandled; and we are request that this Court dismiss this matter due to the two documents “True Bill,"not being a legal process and that the State is unable to meet even the basic essential elements of any crime alleged. Alternatively, we request the case be dismissed as a sanction for the mishandling or mischaracterization of the only two pieces of evidence the State is prosecuting Terry Trussell under. Page 3 of 106 6 7 n n "8 % 5 6 % a 83 85 a MOTION TO DISMISS, EXCLUDE OR LIMIT 11. To date, the State and its witnesses have never produced the actual documents filed in the Public Record, in violation of Brady. 12. FDLE SA Linton testified at his continued deposition on April 29, 2016 that at the time he prepared and filed his Probable Cause Affidavit, he was not aware the Two True Bills were not actually recorded in the publie record and were substituted or removed. He further testified he conducted a subsequent interview with Dana Johnson who confirmed the two documents were not “filed” in the Official Records” but were it her desk drawer ina private ‘admin folder’ for Mr. Trussell. Linton further testified this was a ‘case of first impression.” A copy deposition of April 29, 2016 is being filed for use of pre-trial motions and trial. Attached are some relevant deposition. transcript excerpts as xt 13. Trussell has never admitted anywhere in the Court filings or investigation that he recorded or filed these two documents in the Official Records. Inferences were made by including the word filing in questions and by the insignia on the documents. Trussell in fact was aware of the private (albeit not that it was *blue” as testified by Dana Johnson at her two depositions) file that were only being held by Dana Johnson for memorialization of the activities that occurred in the Statutory Grand Jury, and in his role with the Common Law Grand Jury, with 25 other people, who had simply, freely assembled to express their opinion about the issues in relation to the ‘tainted Statutory Grand Jury.’ The witnesses in deposition, agreed that the assembly of the people is allowable by the constitution and in fact one witness stated that they can call themselves whatever they want and assemble peaceably and freely, as they did Page 4 of 10a a 2 3 95 7 100 101 02 103 104 05 106 07 108 109 10 14 16. 7. MOTION TO DISMISS, EXCLUDE OR LIMIT Further, the Statute clearly contains a complete defense to the crime as allegedly filed in {§843.0855(5)(b) which states: “this section does not prohibit individuals from assembling freely to express opinions or designate group affiliation or association.” This is exactly what happened in this case; Trussell freely assembled with others to express their opinions and to designate their group association as a common law grand jury. There is nothing in the document Trussell is being prosecuted under that reflects it is an official document of the Statutory Dixie County Grand Jury. Fla.R.Crim Pro. 3.140, Defects and Variances:»~-No indictment or information, or any count thereof, shall be dismissed or judgment arrested, or new trial granted on account of any defect in the form of the indictment or information or of misjoinder of offenses or for any cause whatsoever, unless the court shall be of the opinion that the indictment or information is so vague, indistinct, and indefinite as to mislead the accused and embarrass him or her in the preparation of defense or expose the accused after conviction or acquittal to substantial danger of ¢ new prosecution for the same offense. . Given the States misuse of the term, “filed”, the Brady violations for not producing the exculpatory evidence that the documents are not “filed” or ‘recorded’ per the legal definition, and given the potential mishandling or tampering with the evidence at issue, this matter must be dismissed In fact, Judges in other jurisdictions have dismissed cases in the past due to the clear delineation of the document. The 10" Circuit Judge dismissed a criminal prosecution due to the fact that a document, that was actually filed in a court case, that attempted to set aside a judgment or writ of the circuit court, was not in violation of the law since the document clearly designated itself for what it was, a common law court ruling, not a statutory circuit court ruling. The Court determined it was advisory only, as a mediator’s Page 5 of 10oT na 14 5 16 7 18 9 120 2 1 as 24 125 126 ww 128 19 140 131 m2 133 18. 19, 20. 22, MOTION TO DISMISS, EXCLUDE OR LIMIT report would be. A copy of the e-mail provided in the 119 request to the Senate is filed under separate cover and made part hereof as Exhibit 4 Further filed Exhibits under separate cover and made part hereof is the relevant law: Fla. Stat. §2 (Exhibit 5); Fla.Stat. $695.11 (Exhibit 6); Florida Chapter 28 ~ Clerks of the Circuit Courts (Exhibit 7); Fla.Stat, $257.36; (Exhibit 8); First American Title Ins, Co. vs Dixon, 603 So. 2d 562 (4 DCA 1992) (Exhibit 9); Johnson v. State, 336 So.2¢. 93 (Fla, 1976) (Exhibit 10); Florida Sentencing Blog, 05/12/2013 (Exhibit 1), Further, Judge Parker, in his deposition, testified he did not order any of Trussell documents to be removed from the court filed or Public records. (Assuming they were ever filed). (See Exhibit 3 and the filed deposition of Judge parker of April 21, 2016).. The nothing in the law, statutes or via Court Order that allowed the removal of any documents if they were filed in the public records. Therefore, the documents, as they stand are not admissible, must be disallowed as evidence in this matter. Thereby the State cannot prove the elements of the case and chief and the case must be dismissed. This case should be dismissed for either failure to meet elements of the crime alleged, or for being tampered with, or due to improper handling, and a clear breach in the evidentiary chain of evidence. Other arguments will be made ore tenus. . The ‘true bills’ are the sole documentary evidence of establishing the alleged crimes. This being a case of first impression, and not really having any guidelines on how to handle this matter, it appears that the evidence was mishandled, whether it be intentional or due Page 6 of 10134 35 136 WT 138 139 140 wa a 148 145 46 vr 48 9 150 151 12 153 154 155 26. oT MOTION TO DISMISS, EXCLUDE OR LIMIT to gross neglect or negligence ~ the evidence must still be excluded and the cause be dismissed as this is the State’s sole evidentiary and documentary evidence in this case. 24, Based upon a conversation with State Attomey Victoria Avalon, it is believed the proper evidentiary chain would have been to deliver documents to the sheriff to maintain in his ; and further that the Clerk cannot remove possession as part of an evidentiary chai documents form recording once filed without a court order. That was a general conversation, not specific to this matter. The e-mails from the senate wherein her name first appeared is part of the separately filed Exhibit 4 hereinabove. In relation to the constitutionality of the current law §843.0855, referred to in the 119 production from the Senate. Inthe E-mail chain, Morton explained that the Cireuit Court Judge dismissed a case Of impersonation where a *common law court” entered an order to set aside a writ ofa ‘Circuit court”, The Court apparently recognized that the document by the ‘Common Law Court’ was not attempting (o be a Circuit Court Order but was what it was.. The facts are-very similar here, in that the ‘People’s Common Law Jury’ ‘True Bills’ are clearly labeled “Under Common Law ~ The People’s Grand Jury” and do not attempt to impersonate the ‘statutory Grand Jury’. Further, since Trussell had previously delivered numerous documents to the Clerk as the Dixie County Statutory Grand Jury Foreman (of which he is not being charged), itis obvious these two documents at i sue clearly delineated themselves as not being a Statutory document. Further, Dana Johnson, the Clerk of Court, did testify in her deposition that the Two True Bills are ‘not filed” in the Official Records and that she had told Trussell in advance of Page 7 of 10156 os 158 159 160 161 162 164 165 166 167 168 169 10 m wm 74 5 16 w v8 19 180 181 12 14 MOTION TO DISMISS, EXCLUDE OR LIMIT these documents being delivered that due to his prior filings, as the Statutory Grand Jury Foreman, she was placing the items in her special *blue’ file in her desk drawer. They were not being locked in the Vault with the other public records or being placed in the Official Records. This file was for the confidential filings of Trussell LAW Fla.R.Crim.Pro.3.190(c) Time for Moving to Dismiss. Unless the court grants further time, the defendant shall move to dismiss the indictment or information either before or at arraignment. The court in its discretion may permit the defendant to plead and thereafter to file a motion to dismiss at a time to be set by the court. Except for objections based on fundamental grounds, every ground fora motion to dismiss February 22, 2016 Florida Rules of Criminal Procedure 99 The Florida Bar that is not presented by a motion to dismiss within the time hereinabove provided shall be considered waived. However, the court may at any time entertain a motion to dismiss on any of the following grounds: (1) The defendant is charged with an offense for which the defendant has been pardoned. (2) The defendant is charged with an offense for which the defendant previously has been placed in jeopardy. (3) The defendant is charged with an offense for which the defendant previously has been granted immunity. (4) There are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant. The facts on which the motion is based should be alleged specifically and the motion sworn to. Fla.R.Crim.Pro, 3.140 () Defects and Variances. --No indictment or information, or any count thereof, shall be dismissed or judgment arrested, or new trial granted on account of any defect in the form of the indictment or information or of misjoinder of offenses or for any cause whatsoever, unless the court shall be of the opinion that the indictment or information is so vague, indistinct, and indefinite as to mislead the accused and embarrass him or her in the preparation of a defense or expose the accused after conviction or acquittal to substantial danger of a new prosecution for the same offense. Page 8 of 10105 106 “a7 188 189 190 101 102 193 194 195 196 197 198 109 200 201 202 MOTION TO DISMISS, EXCLUDE OR LIMIT Given the State is attempting to present an uncharged crime in violation of Evidence Code 404(b) of Trussell’s purported bad act in reserving the courtroom, this information must also be dismissed based on it subjecting Trussell to subsequent charges on the same facts. Given there are no issues of material facts at to the above as all the testimony is swom testimony of witnesses under oath and all parties agree the documents are not in the official records, the motion to dismiss must be granted. If denied, the State must not be allowed to use the improperly tampered with evidence, and be limited in its mischaracterization of the term ‘filed;. WHEREFORE, the Defendant prays this Court will issue its Order excluding the Two True Bills allegedly made by the Defendant, will dismiss the matter due to the State not being able to meet the elements of the crime or as a sanction for the tampering or illegal handling of the only documentary evidence in this entire case, and under the further doctrine of ‘fruit of the poisonous tree’ and or chain-of-custody issues, or tampering issues, in violation of the Defendant Terry Trussell’s rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article 1, Section 9 of the Florida Constitution, and any sense of fair play, due process of law, or in the interest of justice, and for any other relief deemed Page 9 of 10203 208 205 206 207 208 209 210 MOTION TO DISMISS, EXCLUDE OR LIMIT fit and proper. CERTIFICATE Opposing counsel wil 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 Inger Garei RY THEREBY CERTIFY that a true and correct copy of the above motion his been served this Sth day of June, 2016, to all parties listed on the following Service Respectfully submitted, Inger Gareia, 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 Servicel-Mail:attorney@ingergarcia.com attorney @FloridaPotLawFitm.com By: /s! Inger M. Garcia, Esq. Inger Garcia, Esq, (FBN:0106917) SERVICE LIST William N. Megas ‘All others on service list Leon County Courthouse 301 S. Monroe Street Tallahassee, Florida 32399 email: hurstm@leoncounty'l.gov Page 10 0f 10150 181 182 133 154 185 188 157 138 189 181 182 168 MOTION TO SUPPRESS CONFESSION Defendant Terry George Trussell’s Acknowledgment & Verification Rule 3.190(¢)(3)(4) Florida Rules of Criminal Procedure L the undersigned Terry George Trussell, the Defendant in Case Number 2014-201 CP Dixie County, do hereby acknowledge, affirm, swear to and verify the truth of all statements of fact in my above-and-foregoing Motion to Suppress, under penalty rot Fe and in the.presenee of the undersigned officer. bite LE Terry George Trussell a natural person Defendant in this case STATE OF FLORIDA COUNTY OF 22 X¢E [am an officer authorized to administer oaths in the State of Florida, County of 77 Defendant Terry George Trussell appeared in person betofe me on titis Monday thi y of May, 2016 to acknowledge, affirm, swear to and verify. his Motion to Suppress, as required by law, —— os Being known to aig’and/or having presented me with sifficient identification, namely his svitienumber I did.then and there administer the oat: to the Defeni and [require hist to depose and to acknowledge. affirm. and! swear to the truth of all statem fact made within the above-and-foregoing Motion, which he did freely and voluntarily and under no apparent disability. Defendam Terry George Trussellidid then and there sign and acknowledge his oath and 8 of _-satement before me on this 2" day of May. 2016, by “Printed Name \OCK & JOCK a Business Address: ZS 7% Telephone: Comunission # Page 8 of 19 orary Pole - Stat of Florin “commission # FF 973201 My Comm. Expires Jun 18, 2029 ove tou aan Nay A.