DEFENDANT, by and through undersigned counsel and pursuant to Rule 3.840 of the Washington DC Rules of Criminal Procedure, requests this Honorable Court to issue an Order to Show Cause why the below-named person(s) should not be held in criminal contempt of court. In support of this Motion, the Defendant states the following essential facts constituting criminal contempt:
- On July 10, 2010, the Defendant entered a plea and was sentenced in the above-captioned case.
- In response to the Defendant’s unopposed Motion to Return Property, on December 3, 2010, this Court granted the Defendant’s motion and ordered the return of his property currently in the custody of the City of Titusville Police Department.
- This Court’s original order instructed the Titusville Police Department to either mail the Defendant’s property (money) to the Defendant or the Defendant’s mother’s local address.
- The property was not mailed to either party.
- The Defendant has appeared in person at the Titusville Police Department, and presented a copy of the aforementioned order to police personnel in an attempt to retrieve his property. The Titusville Police Department has refused to honor the order of this Court.
- An Order to Show Cause, if issued, should be directed to Anonymous Officer, Chief of Police, City of Titusville Police Department, 1100 Fictitious Boulevard, Titusville, Washington DC 32780.
WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court issue the above–described Order to Show Cause.