vs. ) Case No. 398CM1214
Robin C. McDermott,   ; )
Defendant &n bsp; )
MOTION TO QUASH INTRODUCTION OR USE OF 911 TAPE
COMES NOW Robin C. McDermott,
defendant, and moves this Court for its order to quash the introduction
or use of the alleged recording of a 911 call for which the plaintiff has
stated its intent to produce at trial in this present cause in plaintiff's
letter to defendant dated 7/22/98 and again in plaintiff's Motion to Endorse,
file stamped 7/27/98.
1. Plaintiff states in its letter to defendant dated 7/22/98 that "The State learned on July 20, 1998 that the Springfield Police Department had in its possession a tape recording of the defendant made just prior to the offense in question in this case. The tape was ordered as soon after that as possible and was sent to defendant on July 22, 1998. The state just learned of the tape and its contents Monday, July 20, 1998 and ordered the tape today. A copy of the tape is available for you at the front desk of my office." 1. Defendant did receive a letter from plaintiff on 7/24/98 stating its "intention of using 911 tape placed by the defendant." Defendant did pick up a copy of the tape at the assistant prosecutor's office on July 27, 1998, however, no tape was sent to defendant.
2. Plaintiff has availed itself of the information contained in the file of a separated pending cause against defendant and has had long standing knowledge of defendant's documented efforts to preserve, and to have disclosed, the communication and dispatch logs of the Springfield Police Department regarding events leading up to the present cause for the purpose of identification of other unnamed officers of the Springfield Police Department who were present during the events leading to the charges against defendant. Therefore plaintiff's declaration of this recent discovery of this recording lacks credibility.
3. The notation on the copy of the 911 tape given to defendant by the plaintiff reads, "Copy 1610 N. Waverly 7-22-98 RCU." Giving this notation refers to the address from which the recorded call was received, the alleged crime is charged to have been committed at 1423 N. Jefferson, Springfield, Missouri on 23 January 1998 between 1:40 a.m. and 1:45 a.m. Defendant contends that the contents of the tape has no relevance to the crime charged and is therefore not relevent for introduction or use in this present cause.
THEREFORE, defendant prays the Court TAKE NOTICE that the introduction of this tape is not relevant to the crime charged and will move to quash plaintiff from using said tape, or in the alternative, that the Court will be moved to examine the Custodian of Records For the Springfield Police Department and the tape in question prior to trial to determine the admissibility of this tape as relevant evidence at trial.
Robin C. McDermott
1601 N. Waverly Avenue
Springfield, MO 65803
CERTIFICATE OF SERVICE
By signature below, I hereby
certify that a true and correct copy of the foregoing motion was served
upon the Assistant Prosecutor at the Greene County Judicial Building 1010
Boonville Avenue, Springfield, MO 65802 in open court by hand delivery
on the 31st day of July 1998.
So certified: _____________________________
Robin C. McDermott
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