LAWS MOTIONS LINKSSTATE OF
MISSOURI,
) Plaintiff,
;
)
;
)
vs.
) Case No. 398CM1214
;
)
Robin C.
McDermott,
;
)
Defendant
&n
bsp;
)
MOTION TO QUASH INTRODUCTION OR USE OF 911 TAPE
COMES NOW Robin C. McDermott,
defendant, and moves this Court for its order to quash the introduction
or use of the alleged recording of a 911 call for which the plaintiff has
stated its intent to produce at trial in this present cause in plaintiff's
letter to defendant dated 7/22/98 and again in plaintiff's Motion to Endorse,
file stamped 7/27/98.
1. Plaintiff states in its letter to defendant dated 7/22/98 that "The
State learned on July 20, 1998 that the Springfield Police Department had
in its possession a tape recording of the defendant made just prior to
the offense in question in this case. The tape was ordered as soon after
that as possible and was sent to defendant on July 22, 1998. The state
just learned of the tape and its contents Monday, July 20, 1998 and ordered
the tape today. A copy of the tape is available for you at the front desk
of my office." 1. Defendant did receive a letter from plaintiff on 7/24/98
stating its "intention of using 911 tape placed by the defendant." Defendant
did pick up a copy of the tape at the assistant prosecutor's office on
July 27, 1998, however, no tape was sent to defendant.
2. Plaintiff has availed itself of the information contained in the file
of a separated pending cause against defendant and has had long standing
knowledge of defendant's documented efforts to preserve, and to have disclosed,
the communication and dispatch logs of the Springfield Police Department
regarding events leading up to the present cause for the purpose of identification
of other unnamed officers of the Springfield Police Department who were
present during the events leading to the charges against defendant. Therefore
plaintiff's declaration of this recent discovery of this recording lacks
credibility.
3. The notation on the copy of the 911 tape given to defendant by the plaintiff
reads, "Copy 1610 N. Waverly 7-22-98 RCU." Giving this notation refers
to the address from which the recorded call was received, the alleged crime
is charged to have been committed at 1423 N. Jefferson, Springfield, Missouri
on 23 January 1998 between 1:40 a.m. and 1:45 a.m. Defendant contends that
the contents of the tape has no relevance to the crime charged and is therefore
not relevent for introduction or use in this present cause.
THEREFORE, defendant prays the Court TAKE NOTICE that the introduction of this tape is not relevant to the crime charged and will move to quash plaintiff from using said tape, or in the alternative, that the Court will be moved to examine the Custodian of Records For the Springfield Police Department and the tape in question prior to trial to determine the admissibility of this tape as relevant evidence at trial.
______________________
Robin C. McDermott
1601 N. Waverly Avenue
Springfield, MO 65803
CERTIFICATE OF SERVICE
By signature below, I hereby
certify that a true and correct copy of the foregoing motion was served
upon the Assistant Prosecutor at the Greene County Judicial Building 1010
Boonville Avenue, Springfield, MO 65802 in open court by hand delivery
on the 31st day of July 1998.
So certified: _____________________________
Robin C. McDermott
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