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Motion for Additional Discovery: Jail / Booking Room Video

Motion for Additional Discovery: Jail / Booking Room Video

150 150 Cohen, Bradshaw, Rothstein & Klein

DEFENDANT, by and through the undersigned attorney and pursuant to Rule 3.220(f), Washington DC Rules of Criminal Procedure, hereby moves this Honorable Court for an Order requiring the State of Washington DC to produce and preserve the following items and information regarding the Palm Beach County Pre-Trial Detention Facility video recordings:

(a) a copy of the Office of the State Attorney and/or JSO operational order, general order, instruction, protocol, or guideline concerning video recordings within the Pre-Trial Detention Facility;
(b) a copy of any and all internal and external written memoranda, notes, letters, and electronic documents concerning video recording within the Pre-Trial Detention Facility by facility cameras dated after March 15, 2007; and
(c) a complete and accurate copy of the Pre-Trial Detention Facility recordings of Defendant in the sally port, intake vestibule, hallway leading to and from the breath testing room, and booking process.

In Support thereof, Defendant states as follows:

  1. The Pre-Trial Detention Facility records a person within the sally port, intake vestibule, hallway leading to and from the breath testing room, and throughout the booking process.
  2. These recordings are destroyed after an ever changing and unknown amount of time.
  3. Defendant was arrested for driving under the influence. Such arrest was based upon the arresting officer’s alleged suspicion that Defendant was impaired beyond Defendant’s normal faculties.
  4. Subsequent to his arrest, Defendant was taken to the Palm Beach County Pre-Trial Detention Facility.
  5. Upon information and belief, the cameras recorded Defendant from his entry at the sally port and while in the intake vestibule.
  6. Upon information and belief, the cameras recorded Defendant as he proceeded down the hallway to the breath testing room.
  7. Upon information and belief, Defendant was also recorded throughout the booking process.
  8. These recordings are highly relevant to showing the state of Defendant’s normal faculties, and to showing Defendant’s demeanor, his ability to walk and talk, his ability to judge distances, and his ability to follow instructions.
  9. These recordings captured Defendant’s interactions with law enforcement officers, who may become witnesses in above–captioned case.
  10. These recordings are relevant to the charges against Defendant.
  11. These recordings may have been or may be destroyed pursuant to instructions or orders of the Washington DC Sheriff’s Office or the Office of the State Attorney.

WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order requiring the State of Washington DC to produce and preserve the aforesaid items and information regarding the Palm Beach County Pre-Trial Detention Facility video recordings.