PEOPLE'S LEGAL FRONT

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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

Motion to Take Judicial Notice

        COMES NOW Robin C. McDermott, defendant, and states that this case is about the cover-up of the brutal assault on the defendant by the police, via the use of canine force, excessive physical force by police officers and through harassment and attempted intimidation. Defendant requests that this honorable court take Judicial Notice of the following facts:

1. Defendant was at the alleged crime scene, Cox North emergency room, on the 23rd day of January 1998, for treatment of a dog bite, which was inflicted upon her by the canine, Caesar, under the direction, control, and responsibility of Officer T.D. Royal of the Springfield Police Department.
2. The initial arrest of defendant was a City Code violation resulting in Case No.#398MU0068, arising out of the alleged "verbal aggression" of the defendant concerning the legality of a warrantless police search occurring on her property.
3. The injuries upon defendant’s person were on her inner thigh and buttocks, as noted in the hospital report and the photographs enclosed.
4. Officer Royal effectively threatened defendant with a dog attack, per Officer Royal’s report, prior to commanding the dog to attack the defendant.
5. Officer Royal’s report falsely states the circumstances surrounding the bite and the extent of the injuries for which defendant was treated. (Officer Royal’s arrest report enclosed.)
6. Standard Operating Guidelines for the Springfield Police Department specifically forbids the use of threats of canine force in the arrest of misdemeanor offenders, per SOG #401.5.6.1. and SOG # 401.5.6.3.1 and SOG # 401.5.6.3.1(a) and SOG #401.5.6.3.2(b). (copies enclosed)
7. Officer Smith’s arrest report states that he forced defendant to sit on the injuries for which she was at the hospital to receive treatment. (Officer Smith’s Report enclosed.)
8. The information provided to defendant states she is charged with violation of RSMo 565.083.1(5), an attempt to have unauthorized physical contact with Officer Smith, who, at last notification by prosecution , does not appear on the prosecution’s amended witness list.

        Therefore, the defendant must request that the Honorable court take Judicial Notice of Officer Royal’s failure to accurately report the nature and circumstances of the injuries his dog did inflict on defendant, the failure of Officer Royal to follow the Standard Operating Guidelines in regards to canine force, Officer Smith’s brutal treatment of the defendant while in his custody by aggravating injuries defendant was at the emergency room for medical treatment and the resulting liability the City of Springfield incurred by the unconstitutional and criminal actions of its operatives on the 23^rd of January 1998.

        Wherefore, the misdemeanor charge to which the defendant has been called to defend herself has no basis in true fact. The state’s certified witnesses have already failed to make true and accurate official reports in the case at bar. The operatives of the City of Springfield have failed to follow the Standard Operating Guidelines of their department, and the alleged attempt to have contact with Officer Smith could only have occurred while the defendant was handcuffed behind her back. The baseless charges in the case at bar is brought solely to attempt to intimidate and harass the defendant in hopes that the defendant will not pursue litigation on her behalf, and to prevent appropriate criminal charges from being filed against the officers involved. The prosecutor’s office has steadfastly resisted conforming with the Rules of Court in its proceeding against the defendant on this charge creating additional incredulity of the validity of any facts to substantiate this charge. The defendant is thus compelled to ask this honorable court to recognize the fact that a cover-up of police abuse is occurring, and this honorable court is being made an incidental accessory to the police harassment and intimidation that has been the method of operation employed by the police from the genesis of this case through this very day.

Respectfully submitted,

________________________

Robin C. McDermott

1601 N. Waverly

Springfield, Mo. 65803

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