Judge's Order to Turn Over Evidence to Defense

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  • 7/24/2019 Judge's Order to Turn Over Evidence to Defense

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    STATEOF ALABAMA ))

    V. ) Case No.: DC-2015-004922.00)HARRISON CAMERONTHOMAS )Defendant. )

    IN THE DISTRICT COURT OF BALDWINCOUNTY,ALABAMA

    ORDER

    MOTION TO COMPEL filed by HARRISON CAMERON THOMAS is hereby GRANTED

    IN PART. The Defendant's request is untimely, in that he moves the Court toCompel the State of Alabama to turn over discovery as Ordered on November 12,2015. The Court's understanding of Rule 16.1 of the Alabama Rules of CriminalProcedure as it relates to discovery requested isthat the State ofAlabama has fourteen(14) days "after the request has been filed in court" to turn those requested items overto the Defendant. According to the record, the Defendant filed his request for discoveryon November11, 2015 and the time allowed by the State of Alabama doesn't run untilNovember 25, 2015. As such the Motion to Compel is Untimely.

    Further reading of Rule 16.1 allows the Court to lengthen or shorten this period of timeon its own. This Preliminary Hearing was specially set for November 24, 2015 for

    several reasons. Not the least is that an eighteen (18) year old has been arrested andcharged with Rape in the First Degree, a Class A Felony. Additionally, this matter hasgarnered specific local media attention, and both the Defendant and the State of

    Alabama have made their positionswellknown by openly discussing their positions withvarious media outlets. The Court's only position is to make sure both the Defendantand the State of Alabama get a fair hearing, whether discussing bond or probablecause. Fairness to all parties involved necessitate this Order:

    The following shall turned over to the Defendant by 5:00 pm on Sunday, November 22,2015:

    1. All statements made by the Defendant to any law enforcement officer, official,oremployee which are within the possession, custody, or control of the State ofAlabama.

    2. Any and all videos, pictures, recording or like media in the possession of any lawenforcement officer, official or employee which show the victim on October 24, 2015 atthe party/gathering in question.

    3. Any photograph, paper,document or tangible object in the possession of any law

    ELECTRONICALLY FILED11/20/2015 2:44 PM

    05-DC-2015-004922.00CIRCUIT COURT OF

    BALDWIN COUNTY, ALABAMJODY WISE CAMPBELL, CLER

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  • 7/24/2019 Judge's Order to Turn Over Evidence to Defense

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    /s/ J. CLARKSTANKOSKI

    DISTRICTJUDGE

    enforcement officer, official or employee that (a) the State of Alabama intends tointroduce into evidence at the Preliminary Hearing or (b)is exculpatory.

    4. Any results or reports of physical or mental examinations or scientific tests orexperiments made in connection with this case that are in the possession of any law

    enforcement officer,official or employee.

    DONE this 20th day ofNovember, 2015.

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