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Filing # 124568773 E-Filed 04/08/2021 01:16:18 PM
IN THE COUNTY COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY, FLORIDA
STATE OF FLORIDA Case No. 31-2021-MM-000356-A
Demand For Notice of Alibi
-vs- Demand for Reciprocal Discovery
State’s Discovery Exhibit
Teleria Monique Tory
Defendant
COMES NOW the State of Florida, by and through its undersigned State Attorney and files this
Discovery Exhibit, Demand for Reciprocal Discovery and Demand for Notice of Alibi pursuant
to Fla. R. Crim. P. 3.220 and 3.200 as follows:
DEMAND FOR NOTICE OF ALIBI
(1) As particularly as is known to the undersigned State Attorney, the place, date, and time of
the commission of the crime charged is:
DATE (on or about) From: March 14, 2021
DATE (on or about) To:
TIME (at or about)/PLACE: 10:55 a.m. // 3900 47th Street, Vero Beach, Florida
(2) The state herewith files this Demand for Notice of Intention to Rely Upon Alibi Defense
pursuant to Fla. R. Crim. P. 3.200 demanding that the defendant furnish the prosecutor with a
Notice of Alibi not less than ten (10) days prior to trial, stating the place the defendant claims to
have been at the time of the offense and the names and addresses of witnesses he proposes to use
to establish that alibi, if such a defense will be relied upon at trial.
DEMAND FOR RECIPROCAL DISCOVERY
The State has submitted its witness list and demands within fifteen (15) days a written list of
the names and addresses of all witnesses the defense expects to call at the trial or hearing. In
addition, the State demands a discovery exhibit which shall disclose to and permit the prosecutor
to inspect, copy, test and photograph the statements of any persons listed by the defendant,
reports or statements of experts made in connection with the particular case and any tangible
papers or objects that the defendant intends to use in the hearing or trial.
STATE'S DISCOVERY EXHIBIT
(1) Pursuant to Fla. R. Crim. P. 3.220(b)(1)(B) through (M), the State discloses to the defendant,
and will permit the defendant to inspect, copy, test, and photograph the information and material
within the State’s possession or control as specifically identified below.(A) Fla. R. Crim. P. 3.220 (b)(1)(A) The names and addresses of all persons known to the
prosecutor to have information which may be relevant to any offense charged, or to any defense
thereto, or to any similar fact evidence to be presented at trial under section 90.404(2), Florida
Statutes, are listed below.
(i) Category A Witnesses: Pursuant to Fla. R. Crim. P. 3.220
(b)(1)(A)(i), the State identifies witnesses encompassed by this
section with an ‘A’ preceding their name. Separately identified
within this category are persons who were present when a recorded
or unrecorded statement was taken from or made by a defendant or
codefendant, and these witnesses names are preceded by an ‘S’.
(ii) Category B Witnesses: Pursuant to Fla. R. Crim. P. 3.220
(b)(1)(A)(ii), the State identifies witnesses encompassed by this
section with a ‘B’ preceding their name.
(iii) Category C Witnesses: Pursuant to Fla. R. Crim. P. 3.220
(b)(1)(A)(iii), the State identifies witnesses encompassed by this
section with a ‘C’ preceding their name.
S Jacob Curby, 4055 41St Ave, Vero Beach, FL 32960 Indian River County Sheriffs Office
S Lawrence Newberry, 4055 41St Ave, Vero Beach, FL 32960 Indian River County Sheriffs
Office
S Zachary Seldes, 4055 41St Ave, Vero Beach, FL 32960 Indian River County Sheriffs Office
The following list of discovery is being provided:
(B) Fla. R. Crim. P. 3.220 (b)(1)(B) The statement of any person whose name is furnished
above.
(C) Fla. R. Crim. P. 3.220 (b)(1)(C) Written or recorded statements made by the defendant and
the substance of any oral statements made by the defendant. Including a copy of any statements
contained in police reports or report summaries together with the name and address of each
witness to the statements: Summary of statements at the end of this section.
(F) Fla. R. Crim. P. 3.220 (b)(1)(F) Tangible papers or objects that were obtained from or
belonged to the defendant:
(J) Fla. R. Crim. P. 3.220 (b)(1)(I) There has been any search and seizure, and there may be
documents relating thereto:
(K) Fla. R. Crim. P. 3.220 (b)(1)(K) Tangible papers or objects that the prosecuting attorney
intends to use in the hearing or trial and that were not obtained from or that did not belong to the
defendant:
"(C) and/or (D)" RESPONSE: See discovery packet for defendants statements.
ALL TANGIBLE OBJECTS as provided by Fla. R. Crim. P. 3.220 (b)(1)(F), (K) and (L) may be
inspected, copied, tested, and photographed at:State Attorney’s Office
Indian River County Sheriffs Office
Law enforcement agencies maintain records and tangible items at its offices. You should not
assume that the State Attorney’s Office possesses copies of all of these items. This document will
serve as authorization for Andrew B. Metcalf, attorney for the defendant, or the defendant's
designated representative to inspect, copy, test, and photograph information and material
specified in Rule 3.220(b)(1) at the agencies listed above.
Agency Number: 2021-36996
Lab Number:
CAD Number:
Digital Media available as indicated below (see Electronic Discovery receipt for details):
FWC Bodycam Link Expiration Date:
Evidence.com Link Expiration Date:
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to Andrew B.
Metcalf, by eservice/email at the designated email address of amservice@eaglelaw.com,
kim@eaglelaw.com on April 8, 2021.
RESPECTFULLY SUBMITTED
THOMAS R. BAKKEDAHL
State Attorney
By: /s/ Anthony P. Bartolini
Anthony P. Bartolini
Assistant State Attorney
FL Bar#: 1024875
2000 16th Avenue, Suite 329
Vero Beach FL 32960
(772) 226-3300
Designated eService address:
SA19eService@sao19.org
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Filing # 124568773 E-Filed 04/08/2021 01:16:18 PM IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA STATE OF FLORIDA Case No. 31-2021-MM-000356-A Demand For Notice of Alibi -vs- Demand for Reciprocal Discovery State’s Discovery Exhibit Teleria Monique Tory Defendant COMES NOW the State of Florida, by and through its undersigned State Attorney and files this Discovery Exhibit, Demand for Reciprocal Discovery and Demand for Notice of Alibi pursuant to Fla. R. Crim. P. 3.220 and 3.200 as follows: DEMAND FOR NOTICE OF ALIBI (1) As particularly as is known to the undersigned State Attorney, the place, date, and time of the commission of the crime charged is: DATE (on or about) From: March 14, 2021 DATE (on or about) To: TIME (at or about)/PLACE: 10:55 a.m. // 3900 47th Street, Vero Beach, Florida (2) The state herewith files this Demand for Notice of Intention to Rely Upon Alibi Defense pursuant to Fla. R. Crim. P. 3.200 demanding that the defendant furnish the prosecutor with a Notice of Alibi not less than ten (10) days prior to trial, stating the place the defendant claims to have been at the time of the offense and the names and addresses of witnesses he proposes to use to establish that alibi, if such a defense will be relied upon at trial. DEMAND FOR RECIPROCAL DISCOVERY The State has submitted its witness list and demands within fifteen (15) days a written list of the names and addresses of all witnesses the defense expects to call at the trial or hearing. In addition, the State demands a discovery exhibit which shall disclose to and permit the prosecutor to inspect, copy, test and photograph the statements of any persons listed by the defendant, reports or statements of experts made in connection with the particular case and any tangible papers or objects that the defendant intends to use in the hearing or trial. STATE'S DISCOVERY EXHIBIT (1) Pursuant to Fla. R. Crim. P. 3.220(b)(1)(B) through (M), the State discloses to the defendant, and will permit the defendant to inspect, copy, test, and photograph the information and material within the State’s possession or control as specifically identified below.(A) Fla. R. Crim. P. 3.220 (b)(1)(A) The names and addresses of all persons known to the prosecutor to have information which may be relevant to any offense charged, or to any defense thereto, or to any similar fact evidence to be presented at trial under section 90.404(2), Florida Statutes, are listed below. (i) Category A Witnesses: Pursuant to Fla. R. Crim. P. 3.220 (b)(1)(A)(i), the State identifies witnesses encompassed by this section with an ‘A’ preceding their name. Separately identified within this category are persons who were present when a recorded or unrecorded statement was taken from or made by a defendant or codefendant, and these witnesses names are preceded by an ‘S’. (ii) Category B Witnesses: Pursuant to Fla. R. Crim. P. 3.220 (b)(1)(A)(ii), the State identifies witnesses encompassed by this section with a ‘B’ preceding their name. (iii) Category C Witnesses: Pursuant to Fla. R. Crim. P. 3.220 (b)(1)(A)(iii), the State identifies witnesses encompassed by this section with a ‘C’ preceding their name. S Jacob Curby, 4055 41St Ave, Vero Beach, FL 32960 Indian River County Sheriffs Office S Lawrence Newberry, 4055 41St Ave, Vero Beach, FL 32960 Indian River County Sheriffs Office S Zachary Seldes, 4055 41St Ave, Vero Beach, FL 32960 Indian River County Sheriffs Office The following list of discovery is being provided: (B) Fla. R. Crim. P. 3.220 (b)(1)(B) The statement of any person whose name is furnished above. (C) Fla. R. Crim. P. 3.220 (b)(1)(C) Written or recorded statements made by the defendant and the substance of any oral statements made by the defendant. Including a copy of any statements contained in police reports or report summaries together with the name and address of each witness to the statements: Summary of statements at the end of this section. (F) Fla. R. Crim. P. 3.220 (b)(1)(F) Tangible papers or objects that were obtained from or belonged to the defendant: (J) Fla. R. Crim. P. 3.220 (b)(1)(I) There has been any search and seizure, and there may be documents relating thereto: (K) Fla. R. Crim. P. 3.220 (b)(1)(K) Tangible papers or objects that the prosecuting attorney intends to use in the hearing or trial and that were not obtained from or that did not belong to the defendant: "(C) and/or (D)" RESPONSE: See discovery packet for defendants statements. ALL TANGIBLE OBJECTS as provided by Fla. R. Crim. P. 3.220 (b)(1)(F), (K) and (L) may be inspected, copied, tested, and photographed at:State Attorney’s Office Indian River County Sheriffs Office Law enforcement agencies maintain records and tangible items at its offices. You should not assume that the State Attorney’s Office possesses copies of all of these items. This document will serve as authorization for Andrew B. Metcalf, attorney for the defendant, or the defendant's designated representative to inspect, copy, test, and photograph information and material specified in Rule 3.220(b)(1) at the agencies listed above. Agency Number: 2021-36996 Lab Number: CAD Number: Digital Media available as indicated below (see Electronic Discovery receipt for details): FWC Bodycam Link Expiration Date: Evidence.com Link Expiration Date: I HEREBY CERTIFY that a true copy of the foregoing has been furnished to Andrew B. Metcalf, by eservice/email at the designated email address of amservice@eaglelaw.com, kim@eaglelaw.com on April 8, 2021. RESPECTFULLY SUBMITTED THOMAS R. BAKKEDAHL State Attorney By: /s/ Anthony P. Bartolini Anthony P. Bartolini Assistant State Attorney FL Bar#: 1024875 2000 16th Avenue, Suite 329 Vero Beach FL 32960 (772) 226-3300 Designated eService address: SA19eService@sao19.org