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Filing # 144058939 E-Filed 02/16/2022 03:45:47 PM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL
CIRCUIT IN AND FOR SAINT LUCIE COUNTY,
STATE OF FLORIDA
STATE OF FLORIDA,
Plaintiff,
Case No. 562022CF000348A
vs.
DANIELLE BONFIGLIO,
Defendant.
_______________________________/
NOTICE FOR DISCOVERY AND VIEW OF EVIDENCE
COMES NOW the Defendant, in the above-styled cause, by and through the undersigned
attorneys, and demands that pursuant to Fla.R.Crim.P. 3.220, the State Attorney of this Judicial
Circuit furnish and disclose to the Defendant's undersigned counsel the following information
and material within 15 days immediately hereafter:
(i) The names and addresses, and telephone numbers of all persons known to the
State to have any information which may be relevant to the offense(s) charged, and to any
possible defense(s) thereto, regardless of whether the State intends to call said persons as
witnesses or rebuttal witnesses at time of trial. Lucas v. State, 376 So.2d 1149 (Fla. 1979).
(ii) The statements of any persons whether oral or written, signed or unsigned,
recorded or otherwise and the substance of any oral statements which may have been given by
said witnesses to any officer or agent of the State, courts or municipality including but not
limited to, all police reports, arrest affidavits, police complaint forms, any and all notes and
memorandums taken by officers relative to this case, testimony from bond hearings, preliminary
hearings, polygraph examinations, grand jury testimony and statements made by any persons
referred to in paragraph (i) supra, made during the course of investigation and/or preparation of
the instant case or at any other time regarding the instant case. Also, the police booking-sheet
indicating the exact date, time, charge(s), photograph of the Defendant and other data contained
therein with reference to the Defendant's arrest in this case. (See 119.01, 119.011, 110.07 and
119.08, Fla.Stat., where applicable.)
(iii) All written and recorded statements, and the substance of any and all oral statements
made by the Defendant, and the names, addresses and telephone numbers of each and every
witness to the said statement(s). See Brey v. State, 382 So.2d 395, 398 (Fla. 4th DCA 1980).
This Demand encompasses all statements, (exculpatory and inculpatory) and informal as well as
formal statements.
(iv) All written and recorded statements and the substance of any and all oral
statements made by any co-defendant or alleged accomplice of the Defendant. This demand
includes all statements, (exculpatory as well as inculpatory statements) and informal as well as
formal statements.
(v) All grand jury testimony relating to this case including testimony of the
Defendant, if any.
(vi) All tangible papers and objects which were obtained from the actual or
constructive possession of the Defendant, or which belonged to the Defendant, whether or not
the State intends to use them at trial.
(vii) Whether a confidential informant was in any way involved in this case, and if so,
state any and all material or information which has been provided by the confidential informant;
also, state the basis for said informant's reliability.
(viii) Any and all information relative to whether there has been electronic surveillance,
including wire-taping of the premises of the Defendant, or of conversations to which the
Defendant was a party; and all documents relating thereto, relative to this case in any way.
(ix) All materials secured through search and seizure and any documents relating
thereto, including but not limited to the affidavit for the search warrant, the search warrant, and
the search warrant return and the inventory of the property seized.
(x) All reports and statements of witnesses and expert witnesses concerning physical,
mental and polygraph examinations upon witnesses, alleged accomplices, co-defendants or upon
the Defendant, and all other scientific tests or experiments or comparisons made in connection
with the case, including the conclusions, results and methodology therefor.
(xi) All tangible papers or objects which the prosecuting attorney may use at any
hearing relating to this case or the trial, which were not obtained from the Defendant or which
did not belong to the Defendant, including, but not limited, articles of demonstrative evidence.
(xii) Any and all evidence and information within the State's possession or control
which may be favorable to the Defendant or which tends to negate the guilt of the accused as to
the offense(s) charged; said information to be furnished as soon as practicable after the filing of
the Information or Indictment, pursuant to the Due Process Clause of the Fourteenth Amendment
to the United States Constitution. [See Brady v. Maryland, 373 U.S. 83 (1963); Pitts v. State,
249 So.2d 47 (1st DCA 1971) on remand from the Supreme Court of Florida, 247 So.2d 53 (Fla.
1972); Code of Professional Responsibility, DR 7-103.] This specific Demand includes, but is
not limited to, the following materials:
a. Any written or recorded statement made by any person to the police or to any
agent of the State Attorney's Office which tends to establish the Defendant's innocence or to
impeach or contradict the testimony of any witness whom the State may call at the trial of this
case.
b. Any police investigation report which tends to establish the Defendant's
innocence or to impeach or contradict the testimony of any witness whom the State will call at
the trial or this cause.
c. The names and addresses of any and all witnesses who might establish the
Defendant's innocence or impeach or contradict any witness whom the State may call at the time
of this case.
d. Any other information or material which would tend to establish the
Defendant's innocence or to impeach or contradict the testimony of any witness whom the State
may call at the trial of this cause.
e. The police booking-sheet indicating the exact date, time, charge and other
relevant data contained therein with reference to the Defendant's arrest in this case.
(xiii) Complete criminal history records, if any there be, of all these persons listed in
paragraph (i), supra, and the complete criminal history records of the Defendant if any there be.
See State v. Coney, 294 So.2d 82 (Fla. 1974).
(xiv) The Defendant also demands that the State inform him of:
a. The exact time, date and place of the offense(s) charged and the Information or
Indictment.
b. The exact method by which itis charged that the Defendant committed the
alleged offense(s).
c. Whether the Defendant is being charged as a principal or as an aider and
abettor.
(xv) Where the testimony of the witnesses at the preliminary hearing in this cause has
been transcribed at the request of the prosecuting attorney. furnish a copy of such testimony to
the Defendant. Fla.R.Crim.P. 3.131(b)(4).
(xvi) The Defendant also demands that the State notify defense counsel of a time
certain at which the physical evidence in this case may be examined and of a time certain at
which time all statements, transcripts and records may be examined and copied.
NOTE: Pursuant to Fla.R.Crim.P. 3.220(f), this Demand imposes upon the State, a continuing
duty to disclose information relative to the above-demanded information to the
undersigned counsel on behalf of the Defendant.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof has been furnished to: The
Office of the State Attorney, sa19eservice@sao19.org, this 16th day of February 2022.
OHLE & OHLE
423 Delaware Avenue
Fort Pierce, Florida 34950
772-460-9801
772-464-8233-fax
__/s/ Michael R. Ohle_____
Michael R. Ohle, Esquire
Florida Bar No. 0513865
Ohlelaw@gmail.com
Michaelohlelaw@gmail.com
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Filing # 144058939 E-Filed 02/16/2022 03:45:47 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR SAINT LUCIE COUNTY, STATE OF FLORIDA STATE OF FLORIDA, Plaintiff, Case No. 562022CF000348A vs. DANIELLE BONFIGLIO, Defendant. _______________________________/ NOTICE FOR DISCOVERY AND VIEW OF EVIDENCE COMES NOW the Defendant, in the above-styled cause, by and through the undersigned attorneys, and demands that pursuant to Fla.R.Crim.P. 3.220, the State Attorney of this Judicial Circuit furnish and disclose to the Defendant's undersigned counsel the following information and material within 15 days immediately hereafter: (i) The names and addresses, and telephone numbers of all persons known to the State to have any information which may be relevant to the offense(s) charged, and to any possible defense(s) thereto, regardless of whether the State intends to call said persons as witnesses or rebuttal witnesses at time of trial. Lucas v. State, 376 So.2d 1149 (Fla. 1979). (ii) The statements of any persons whether oral or written, signed or unsigned, recorded or otherwise and the substance of any oral statements which may have been given by said witnesses to any officer or agent of the State, courts or municipality including but not limited to, all police reports, arrest affidavits, police complaint forms, any and all notes and memorandums taken by officers relative to this case, testimony from bond hearings, preliminary hearings, polygraph examinations, grand jury testimony and statements made by any persons referred to in paragraph (i) supra, made during the course of investigation and/or preparation of the instant case or at any other time regarding the instant case. Also, the police booking-sheet indicating the exact date, time, charge(s), photograph of the Defendant and other data contained therein with reference to the Defendant's arrest in this case. (See 119.01, 119.011, 110.07 and 119.08, Fla.Stat., where applicable.) (iii) All written and recorded statements, and the substance of any and all oral statements made by the Defendant, and the names, addresses and telephone numbers of each and every witness to the said statement(s). See Brey v. State, 382 So.2d 395, 398 (Fla. 4th DCA 1980). This Demand encompasses all statements, (exculpatory and inculpatory) and informal as well as formal statements. (iv) All written and recorded statements and the substance of any and all oral statements made by any co-defendant or alleged accomplice of the Defendant. This demand includes all statements, (exculpatory as well as inculpatory statements) and informal as well as formal statements. (v) All grand jury testimony relating to this case including testimony of the Defendant, if any. (vi) All tangible papers and objects which were obtained from the actual or constructive possession of the Defendant, or which belonged to the Defendant, whether or not the State intends to use them at trial. (vii) Whether a confidential informant was in any way involved in this case, and if so, state any and all material or information which has been provided by the confidential informant; also, state the basis for said informant's reliability. (viii) Any and all information relative to whether there has been electronic surveillance, including wire-taping of the premises of the Defendant, or of conversations to which the Defendant was a party; and all documents relating thereto, relative to this case in any way. (ix) All materials secured through search and seizure and any documents relating thereto, including but not limited to the affidavit for the search warrant, the search warrant, and the search warrant return and the inventory of the property seized. (x) All reports and statements of witnesses and expert witnesses concerning physical, mental and polygraph examinations upon witnesses, alleged accomplices, co-defendants or upon the Defendant, and all other scientific tests or experiments or comparisons made in connection with the case, including the conclusions, results and methodology therefor. (xi) All tangible papers or objects which the prosecuting attorney may use at any hearing relating to this case or the trial, which were not obtained from the Defendant or which did not belong to the Defendant, including, but not limited, articles of demonstrative evidence. (xii) Any and all evidence and information within the State's possession or control which may be favorable to the Defendant or which tends to negate the guilt of the accused as to the offense(s) charged; said information to be furnished as soon as practicable after the filing of the Information or Indictment, pursuant to the Due Process Clause of the Fourteenth Amendment to the United States Constitution. [See Brady v. Maryland, 373 U.S. 83 (1963); Pitts v. State, 249 So.2d 47 (1st DCA 1971) on remand from the Supreme Court of Florida, 247 So.2d 53 (Fla. 1972); Code of Professional Responsibility, DR 7-103.] This specific Demand includes, but is not limited to, the following materials: a. Any written or recorded statement made by any person to the police or to any agent of the State Attorney's Office which tends to establish the Defendant's innocence or to impeach or contradict the testimony of any witness whom the State may call at the trial of this case. b. Any police investigation report which tends to establish the Defendant's innocence or to impeach or contradict the testimony of any witness whom the State will call at the trial or this cause. c. The names and addresses of any and all witnesses who might establish the Defendant's innocence or impeach or contradict any witness whom the State may call at the time of this case. d. Any other information or material which would tend to establish the Defendant's innocence or to impeach or contradict the testimony of any witness whom the State may call at the trial of this cause. e. The police booking-sheet indicating the exact date, time, charge and other relevant data contained therein with reference to the Defendant's arrest in this case. (xiii) Complete criminal history records, if any there be, of all these persons listed in paragraph (i), supra, and the complete criminal history records of the Defendant if any there be. See State v. Coney, 294 So.2d 82 (Fla. 1974). (xiv) The Defendant also demands that the State inform him of: a. The exact time, date and place of the offense(s) charged and the Information or Indictment. b. The exact method by which itis charged that the Defendant committed the alleged offense(s). c. Whether the Defendant is being charged as a principal or as an aider and abettor. (xv) Where the testimony of the witnesses at the preliminary hearing in this cause has been transcribed at the request of the prosecuting attorney. furnish a copy of such testimony to the Defendant. Fla.R.Crim.P. 3.131(b)(4). (xvi) The Defendant also demands that the State notify defense counsel of a time certain at which the physical evidence in this case may be examined and of a time certain at which time all statements, transcripts and records may be examined and copied. NOTE: Pursuant to Fla.R.Crim.P. 3.220(f), this Demand imposes upon the State, a continuing duty to disclose information relative to the above-demanded information to the undersigned counsel on behalf of the Defendant. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy hereof has been furnished to: The Office of the State Attorney, sa19eservice@sao19.org, this 16th day of February 2022. OHLE & OHLE 423 Delaware Avenue Fort Pierce, Florida 34950 772-460-9801 772-464-8233-fax __/s/ Michael R. Ohle_____ Michael R. Ohle, Esquire Florida Bar No. 0513865 Ohlelaw@gmail.com Michaelohlelaw@gmail.com