Case Closed CRIMINAL APPEAL - Burgess Jacobwitz - Settled

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NiaLiviaus

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DOJ
Apr 12, 2023
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Select the type of case you wish to file with the court:
CRIMINAL APPEAL

Defendant:
Pablo Turner [phaethon.]

I. Statement of Claim
Mr. Pablo Turner, who has been unjustly charged with Possession of Class 3 Weapon x3 following an incident that occurred on September 18, 2023. Our appeal centers on the assertion that Mr. Turner's rights were violated, and we seek the court's review and consideration to rectify this injustice.

First and foremost, we adamantly maintain that Mr. Turner was in possession of only one Class 3 weapon, specifically a Bullpup Rifle, on the date in question. The charge of possessing three such weapons is factually incorrect and unsupported by any compelling evidence. Our thorough examination of the case's circumstances has conclusively established that Mr. Turner was in possession of a single firearm, not the alleged three.

Moreover, we challenge the characterization of Mr. Turner's statement, "I don't even know what's going on; I was just told to grab guns and get to the roof," as an excited utterance, as contended by Curtis Roscoe. We firmly assert that this characterization is grossly inaccurate and does not accurately depict the situation at hand. Contrary to Mr. Roscoe's claim, Mr. Turner was fully aware of the unfolding events, as evidenced by his deliberate decision to assume the identity of Kentrell Turner, a person actively sought by law enforcement to serve an arrest warrant. Mr. Turner's conscious choice to adopt this identity and his acknowledgment of the circumstances establish his clear understanding of the situation. Therefore, we argue that Mr. Turner's statement does not meet the criteria for an excited utterance and should be declared inadmissible as evidence.

In light of our position that Mr. Turner's statement is inadmissible, we contend that the charges of Possession of Class 3 Weapon x3 should be reevaluated and ultimately changed to Possession of Class 3 Weapon x1. The available evidence and the circumstances surrounding this case firmly support our argument that Mr. Turner possessed only one Class 3 weapon, and his statement should not be considered in the legal proceedings.

If there are any additional documents or information required for this appeal, please do not hesitate to inform us. We look forward to the court's prompt attention to this matter and a just resolution that restores Mr. Turner's rights.

II. Charge(s)
P.C. 908Possession of Class 3 Weaponx3

III. Representative
Nia Liviaus [selliee]
Devyn Little [sleighwhite]

IV. Officers Involved
X-102 Curtis Roscoe
A-111 Max Callahan
A-117 Joe Dirte
LT-126 Jeffrie Gogginschmiel
LT-129 Quintin Johnson
LT-131 Maverick Black
LT-132 Sam Escobar
SF-210 Ryan Walker
S-221 Alexandr Nolan
CO-303 Ronny Roman

V. Evidence
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VI. Actions Taken
304 Months | $7,100

VII. Witnesses
The Defense is not calling any witnesses at this time; however, we reserve the right to add witnesses in the future until the Discovery period has ended.
 
Did we get a ruling on their motion to to make Mr. Turners statement inadmissible or not? That will decide the states position on this case.
 
I think we need to have a pre-trial for this motion as I would need more context before moving forward.
 
Since you guys are going to be around for the Zaf Rech appeal, we can have a short recess, and then carry on after that?
 
I will be ruling in the favor of the defense, as he was aware of what he was doing. Therefore excited utterance will not be used. However, as he knew what he was doing, assuming he was not read his rights, that statement for the moment will not be admissible unless proven otherworldly. @Teddy @NiaLiviaus
 
Our sole and primary request at this juncture is the removal of the two charges against Mr. Turner for the possession of a Class 3 weapon. It is our contention that, based on the evidence presented and the court's ruling concerning the excited utterance, the charges of possession of a Class 3 weapon lack the necessary legal foundation.

We respectfully request that the District Attorney's office take the appropriate steps to have these charges removed. We believe that such an action is not only legally justified but also essential in achieving a just and equitable resolution for Mr. Turner.
 
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