PEOPLE'S LEGAL FRONT

In the Circuit Court of Greene County, Missouri

Associate Division 21

STATE OF MISSOURI Plaintiff, Vs Robin C. McDermott, Defendant

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Case No.: CR398-1214M

RULE 24.05 MOTION TO SUPPRESS EVIDENCE

        Comes now, Robin C. McDermott, defendant pursuant to Missouri Supreme Court Rule 24.05, prior to trial, and does request that the presumed testimony be suppressed of the State’s endorsed witnesses:

1. Thomas D. Royal-Springfield Police Department
2. Cpl. Phillips- Springfield Police Department
3. Darren Whisnant-Springfield Police Department
4. Tammy Laazier-Frazee- Springfield Police Department
5. Doug Wilson-Springfield Police Department

        The testimony of said witnesses is not relevant to the crime charged, and testimony of these witnesses would only be hearsay and not admissible. The official arrest report of Officer Smith fails to note any witness to the alleged crime. Further the arrest and incident reports of any and all other officers listed on the endorsement do not mention that they were witnesses to the alleged crime. The defendant in her motion for discovery has requested "The name and last known address of persons whom the State intends to call as witnesses at any hearing or at trial, together with their written or recorded statements, and existing memoranda reporting or summarizing part or all of the their oral statements." None of the information provided to the defendant substantiates the materiality of the endorsed state’s witnesses, as none of these aforementioned state witnesses claim to have been present at the scene of the alleged crime nor to have witnessed the alleged crime or to have any knowledge at all of the alleged crime. Any such admission of their testimony would not be relevant and is hearsay as to the charge.

Wherefore, the defendant has presented to this Honorable Court her firm belief that said listed state witnesses are immaterial and therefore must request that these witnesses and their testimony be suppressed.

Respectfully Submitted,

Robin C. McDermott

1601 N. Waverly

Springfield, Mo. 65803

Notice of Hearing

        The foregoing motion will be called before the Court on Monday, November 30, 1998 at 1 p.m. or as soon thereafter as parties may be heard.

                                          &nb sp;                                       ____________________________

                                          &nb sp;                                           Robin C. McDermott

Certificate of Service

        I hereby certify that the foregoing motion was served on the Greene County Prosecutor, J. Ronald Carrier, by fax transmission to his office in the Judicial Courts Facility at 1010 Boonville, Springfield, MO on 20 November 1998.

                                          &nb sp;                                       So certified: _____________________________

                                          &nb sp;                                                                Robin C. McDermott

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