Bliss Serial Section 2

7/28/2019 Bliss Serial Section 2

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Image Credit:: Out of the Jungle

[Editor's Note: This portion ofthe serialization first appeared on ourscroll page, and can be found, in

its original HTML format, by clicking here.

[Author's Note: At the September25, 1981 hearing where Felix was given court appointedcounsel,

Attorney Raul Palomino entered a Not Guilty Plea. With that, the pre-trial motions start.

1. Demand For Discovery.

This is where the defense

demands the State to disclosewithin 15 days all the informationthey have against his client. It ispretty standard in every one:

A) Names of all persons ofinterest relevant to the offensecharged and to any defense withrespect thereto.

B) Any statements made by anyperson listed in precedingparagraph.

C) Any oral or written statementby the defendant.

D) Any tangible papers orobjects obtained or belonged tothe defendant.

E) Any material or informationprovided by a confidentialinformant and name.

F) Any electrical surveillance orwiretapping of the premise orconversations to which thedefendant was a party to.

G) Any search and seizure ofany documents.

H) Reports or statements ofexperts made in connection withthis case, including results of

mental or physical examinations,and scientific tests, experimentsor comparisons.

I ) Any material informationwithin the States possession orcontrol which tends to negate theguilt of the Defendant as to the

offense charged, or to punishment, or the credibility of the States witnesses.

What the Defense here is requesting from the State is to inspect, copy, test and photograph this

information so everyone begins the trial on equal ground. The Defense wants to know what the Stateknows that makes them certain they have the right person. The Defense then builds its defense onwhat it receives. If you heard the term Prosecutorial Misconduct, it generally stems from this request.The State may inadvertently or purposely leave out, misplace or hide information, or whatever, and

because of it, the Defendant doesnt get a fair trial. I might add that in return, the Defense shares theirlist of witnesses and exhibits with the State.

Image Credit:Adamant

2. Motion For Statement Of Particulars.

This motion demands the State to show exactly what the evidence was thatlead to an arrest of the Defendant. This motion is tailored to the allegedcrime charged in the Indictment.

A) Exact date on which the offense alleged in the Indictment occurred.

B) Exact time on which the offense alleged in the Indictment occurred.

C) Exact place or addresses where the offense alleged in the Indictmentoccurred.

D) Particular description of the firearm which was allegedly utilized.

E) Whether crime charged in the Indictment is predicated on the theory ofpremeditated murder or felony-murder, and if on felony-murder, the type offelony allegedly perpetrated at the time of the alleged homicide.
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F) Whether the Defendant was the actual perpetrator or an aider and abetter of the offense allegedin the Indictment; if the Defendant was an aider and abetter, whether or not the Defendants actionsmade him accountable for the crime charged as an accessory before the fact or as a principal in thefirst degree or as a principal in the second degree.

This is to pin down the State to exactness and not generalities or broadness. This can also be usedas a factor if there has been a change in law during the period of the alleged transaction and the trialto determine, if found guilty, the degree of punishment at sentencing.

Image Credit: BajaMike

3. Motion For Statement of Particulars Relating To Aggravating

Circumstances.

This case was filed as a Capital Felony (where the death penalty was a

possibility). These trials are done in two phases - Guilt Phase and

Sentencing Phase. When the Defendant is found guilty, then the SentencingPhase begins. At this juncture, the State will introduce aggravating

circumstances to enhance the punishment to prove that death is warranted

This motion is gleaning the proof the State intends to adduce at sentencingwhich is:

A) Whether the State intends to prove that the Defendant has previouslybeen convicted of another Capital Felony or a Felony involving the use or

threat of violence to the person, and if so, the nature of the previous

conviction, the date thereof, the Court in which said conviction occurred,the style of the case and case number, and any other relevant particulars.

B) Whether the State intends to prove the Defendant knowingly created a great risk of death to anypersons.

C) Whether the State intends to prove the Capital Felony was committed while the Defendantengaged in, an accomplice, or attempt to commit another criminal act: robbery, rape, arson etc.

D) Whether the State intends to prove the Capital Felony was committed for the purpose of avoiding

or preventing lawful arrest or effecting an escape from custody.

E) Whether the State intends to prove the Capital Felony was committed for pecuniary gain.

F) Whether the State intends to prove the Capital Felony was committed to disrupt or hinder lawfulexercise of any governmental function or enforcement of laws.

Image Credit: LaSalle

G) Whether the State intends to prove the Capital Felony was especiallyheinous, atrocious or cruel.

This last particular is generally the one the public is most acquainted with.And is the issue on appeal the most times before any court in a death

sentence. There will be witnesses at the Sentencing Phase and theDefense will also ask the State for a list of their witnesses and experts, andwhat aggravating circumstance will they will be related to.

Just so you know, the Defense will introduce Mitigating circumstances atSentencing to try to cancel out any enhancements towards death versusLife. Well get to that later.
http://bajamike.hubpages.com/hub/Train-Your-Dog-to-Trackhttp://www.lasalle.edu/~mcinneshin/356/week07.htmhttp://www.lasalle.edu/~mcinneshin/356/week07.htmhttp://bajamike.hubpages.com/hub/Train-Your-Dog-to-Track


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More Pre-trial Motions and Notices

You did pretty well staying with me on the motions, but I mention them on purpose, because theyexplain what is required up front. After the Defense starts filing their motions, there are new filingscalled Notices. These are the State responses to the Defense motions. I will briefly mention some ofthem on this particular case:

* Motion For Disclosure of Evidence and Testimony BeforeGrand Jury* Motion For Disclosure of Police and Other InvestigativeReports* Motion For Leave To Employ Private Investigator* Motion To Dismiss Indictment [This challenges the validityof the Indictment.]* Notice of Discovery [The State reveals their witnesses,reports, exhibits on the case.]* The State in return asks for disclosure of the Defensewitnesses and any items thatwill be presented as evidence.]* Demand For Notice of Alibi [The State is asking the

Defense to tell them where theirclient is claiming to be at the time of the offense or why hedidnt do the crime.]* Motions In Limine [4 were filed to limit testimony on certainissues that would disturbthe jurys ability to render a fair verdict.]

Most of these pre-trial motions/notices were filed within the first 4 5 months of the trial process. Atrial date was set in early 1982 but if something comes up like a prior commitment that cannot bemoved, new information that needs to be investigated or an emergency of some sort, then either sidecan request a Continuance. In Felixs case, a few continuances had to be filed due to medical

reasons. Felix had a ear infection out of control. He had tumors, puss running out of his ear, passingout and migraine headaches, that required trips to a outside (of jail) medical facility or the hospital.Due to the continuances, this particular trial took two years to culminate.

Mid way in the trial process, mid 1982, Felix filed a Motion To Dismiss Counsel. [This is one actionthat a defendant himself can file in court or make contact directly to the Judge at any time with validgrounds. Otherwise, because he is represented, he is barred from pro se filings or direct contact withthe Judge if it deals with the case.] It was a hand written motion. The handwriting was obviouslyFrank Garcias. It states inadequate representation and conflict of interest. Felix was given it in his jailcell and told to sign it. Frank was in another cell so it had to be sent by a jail trustee. Felix said to mehe didnt know what it meant but because his brother said to sign it, he did and gave it to an officer to

send to the Court. The Judge granted it, counsel Raul Palomino was relieved and attorney Ralph E.Fernandez was appointed. Felix said he had no idea why Frank did this because he liked AttorneyPalomino.

Now came a round of meetings with his new attorney. Felix does not remember much, as he told mehe really could not understand. However, apparently it did not go unnoticed because on October 5,1982, Attorney Fernandez filed a Motion For Continuance due to Felix needing ear surgery justbefore the trial date set for October 25, 1982. [By this time the trial has been continued 3 times.] Itwas granted. Furthermore, on October 25, 1982 Attorney Fernandez filed a Motion To DetermineCompetency Of Defendant.


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I am attaching the actual documents for the reader to see. It is the first filed documents formerlyalerting the Judge of Felixs hearing disability being a hindrance to having a fair trial.


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Documents

Bliss Serial Section 2