LAWS MOTIONS LINKSCITY OF
SPRINGFIELD,
)
Plaintiff,
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nbsp;
)
;
)
vs.
) Case No. 398MU0065
;
)
Robin C.
McDermott,
;
)
Defendant
&n
bsp;
)
OBJECTION TO VERACITY OF THE COURT RECORD
COMES NOW Robin C. McDermott,
defendant, and objects to the veracity of the record of this pending matter
and offers the following:
1. Defendant's Motion to Compel file in the Municipal Court on February
13, 1998 failed to be incorporated into the official Associate Circuit
Court record when received on April 27, 1998. Defendant's Motion to
Compel refiled by Defendant on April 29, 1998 as original filing is
still missing from the case file.
2. Defendant's file stamped, July 6, 1998, Application for Writ of Habeas
Corpus Ad Testificandum, and Motion to Compel, and notice of
hearing on July 10, 1998 thereof, disagrees with docket sheet entry for
the same date. Notice of hearing of Motion to Compel is absent from
the court's docket sheet.
3. Hearing docketed for July 10, 1998 at 8 a.m. was held, however, NO RECORD
is made in the court docket for the appearance of parties or any orders
or recommendations of the court noted, in violation of RSMo 483.082 (1).
4. States Motion to Quash, defendant's Subpena Duces Tecum
on Springfield Police Chief Lynn Rowe which defense believes is material
and would tend to acquit defendant of the charge once presented before
the Court. Missouri S.Ct. Rule 26.02 ) provides guidelines for Motion
to Quash Subpena Duces Tecum that remains adherent to the spirit of
authority of the subpena; for the Court is empowered by this rule to have
all such documents produced and open for the judge to determine admissibility.
Defense does not hold that it is the State's burden to determine the admissibility
of exculpatory evidence.
5. Missouri S.Ct. Rule 26.02 (a) commands each person to whom it is directed
to attend and give testimony at the time and place specified therein. There
is no justification for Springfield Police Chief Lynn Rowe's failure to
obey a properly issued, delivered, signed, dated, July 6, 1998, and court
sealed, Subpena Duces Tecum for Springfield Police Chief Lynn Rowe
to appear with specified items for hearing on July 10, 1998 at 8:00 a.m.
in this rule or in the subsequent subparagraph C, and having failed to
appear and produce withholds from the Court its authority to inspect and
rule.
THEREFORE Defendant prays
that the Court take it upon itself to correct its own record; that sanctions
be imposed upon the City of Springfield for failure to provide timely discovery
and that sanctions be imposed upon Springfield Police Chief Rowe, for failure
to obey Subpena Duces Tecum or, in the alternative, Trial Court TAKE NOTICE
of the prejudice of not allowing defense due process of law.
______________________
Robin C. McDermott
1601 North Waverly Avenue
Springfield, MO 65803
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