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Filing # 108297811 E-Filed 06/03/2020 08:07:47 AM
IN THE CIRCUIT COURT, NINTH JUDICIAL
CIRCUIT, CRIMINAL JUSTICE DIVISION,
IN AND FOR OSCEOLA COUNTY, FLORIDA
STATE OF FLORIDA, CASE NO. 2019-CF-003738-A-OS
Plaintiff,
Vv.
Division: 101
CHRISTOPHER OTERO-RIVERA
Defendant.
AMENDED EFENSE MOTION FOR SUBPOENA DUCES TECUM TO PRODUCE
‘GPS’ RECORDS
COMES NOW the Defendant, CHRISTOPHER OTERO-RIVERA, by and through
the undersigned attorney, and moves this Court for an Order which would direct the Clerk of the
Circuit Court, Ninth Judicial Circuit, in and for Osceola County, Florida, to issue a Subpoena
Duces Tecum requiring Attenti Electronic Monitoring, Attn: Mark Kessel, to Produce
Records, to provide to Attorney Migdalia Perez, Perez LaSure Law, records for GPS
system regarding probationer: Christopher Otero-Rivera:
In support of this motion the Defendant would show:
1.
The defendant has been charged by Indictment with Second Degree
Murder, Fla. Stat. §782.04; Abuse of a Dead Human Body Fla. Stat.
§872.06; and Tampering with Evidence Fla. Stat. §918.13.
The State listed witness, Adam Kessell, from Attenti Electronic
Monitoring.
Christopher Otero-Rivera was on Community Control with G.P.S. from
July 2019 to October 25, 2019.
GPS locations of the Defendant is pertinent to the facts of the case.
Defense is requesting all records which include but not limited to GPS
VIDEOS (10/21 thru 10/24); Violation Summary, Response History, CM
Notes, and Device Messages.6. The requested Subpoena is limited to a category of documents, which
would support the truth-finding function of discovery.
7. The undersigned counsel has a good-faith basis in presenting this Motion
to the Court.
WHEREFORE, the undersigned moves this Honorable Court, pursuant to Florida
Rules of Criminal Procedure Rule 3.220(f), for an Order authorizing the undersigned to issue a
Subpoena Duces Tecum to Attenti Electronic Monitoring to obtain a full and complete records
as more fully stated in the Swhpoena Duces Tecum attached hereto.
CERTIFICATE OF SERVICE
I CERTIFY that an original copy of this document has been E-Filed through E-File Portal
System to the Office of the State Attorney, and the Clerk of Court, (via email to JA), on this 2"¢
day of June, 2020.
PEREZ LASURE LAW
~ ~ FY
lace ' eee
OO
By:
MIGDALIA PEREZ
Florida Bar No.: 696307
517 Bryan Street
Kissimmee, FL 34741
Telephone: 407-530-4920
mperez@perezlasurelaw.com
Attorney for Christopher Ortero-RiveraIN THE CIRCUIT COURT, NINTH JUDICIAL
CIRCUIT, CRIMINAL JUSTICE DIVISION,
IN AND FOR OSCEOLA COUNTY, FLORIDA
STATE OF FLORIDA, CASE NO. 2019-CF-003738-A-OS
Plaintiff, Division: 101
Vv.
CHRISTOPHER OTERO-RIVERA
Defendant.
/
ORDER ON DEFENDANT’S MOTION FOR SUBPOENA DUCES TECUM TO
PRODUCE RECORDS
THIS CAUSE having come to be heard before the Honorable Judge Jon B. Morgan, in
and for Osceola County, Florida, upon the Amended Defendant’s Motion for Subpoena Duces
Tecum to Produce Records, and the Court being fully advised in the premises, it is hereby
ORDERED and ADJUDGED that the Amended Defendant’s Motion for Subpoena
Duces Tecum to Produce Records is
IT IS FURTHER ORDERED that the Clerk of the Circuit Court of the Ninth Judicial
Circuit of Florida, is hereby directed to issue a Subpoena Duces Tecum TO: Attenti Electronic
Monitoring, Attn: Adam Kessell at akessell@attentigroup.com.
Records should include: Defense is requesting all records which include but not limited
to GPS VIDEOS (10/21 thru 10/24); Violation Summary, Response History, CM Notes,
and Device Messages relating to Christopher Otero-Rivera (11/19/1987):
PLEASE provide the above records directly to Attorney Migdalia Perez,
mperez@perezlasurelaw.com, 517 Bryan Street, Kissimmee, FL 34741 within (7) working days
from receipt of this subpoena.
DONE AND ORDERED in Chambers/Open Court at the Osceola County Courthouse in
Kissimmee, Florida, this the day of , 2020.
HONORABLE JON B. MORGAN
CRIMINAL JUSTICE DIVISIONCERTIFICATE OF SERVICE
1 CERTIFY that an original copy of this document has been E-Filed through E-File Portal
System; Attenti Electronic Monitoring, akessell@attentigroup.com, and to Migdalia Perez, Esq.,
myperez@perezlasurelaw.com; PEREZ LASURE LAW, LLC, 517 Bryan Street, Kissimmee, FL
34741; on this day of , 2020.
JUDICIAL ASSISTANT
**NOTE: CLERK OF COURT MAY EMAIL COPY OF SUBPOENA TO ABOVE
STATED EMAIL ADDRESS. PLEASE FORWARD COPY OF SUBPOENA TO
UNDERSIGNED COUNSEL WHO WILL SEND CERTIFIED COPY OF SUBPOENA
DUCES TECUM TO ATTENTI ELECTRONIC***IN THE CIRCUIT COURT, NINTH JUDICIAL
CIRCUIT, CRIMINAL JUSTICE DIVISION,
IN AND FOR OSCEOLA COUNTY, FLORIDA
STATE OF FLORIDA, CASE NO. 2019-CF-003738-A-OS
v.
Plaintiff, Division: 101
CHRISTOPHER OTERO-RIVERA
Defendant.
APPLICATION FOR RECORDS DUCES TECUM
WITHOUT APPEARANCE
The Defendant, herein named above, by and through the undersigned counsel, herewith
makes application for the issuance of records subpoena requiring the below named individual to
provide to PEREZ LASURE LAW, LLC, mperez@perezlasurelaw.com, 517 Bryan Street,
Kissimmee, FL 34741, the records listed below:
ATTENTI ELECTRONIC MONITORING
Attn: Mark Kessel, 1838 Gunn Hwy, Odessa, FL 33556 and/or email to:
akessell@attentigroup.com. Records should include all records relating to Christopher
Otero-Rivera (11/19/1987) GPS VIDEOS (10/21 thru 10/24); Violation Summary,
Response History, CM Notes, and Device Messages.
NOTE: Your appearance is not required. PLEASE provide the above records directly to
Attorney Migdalia Perez, mperez@perezlasurelaw.com, 517 Bryan Street, Kissimmee, FL
34741 within (7) working days from receipt of this subpoena.
DATED this 2" day of June, 2020.
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Filing # 108297811 E-Filed 06/03/2020 08:07:47 AM IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, CRIMINAL JUSTICE DIVISION, IN AND FOR OSCEOLA COUNTY, FLORIDA STATE OF FLORIDA, CASE NO. 2019-CF-003738-A-OS Plaintiff, Vv. Division: 101 CHRISTOPHER OTERO-RIVERA Defendant. AMENDED EFENSE MOTION FOR SUBPOENA DUCES TECUM TO PRODUCE ‘GPS’ RECORDS COMES NOW the Defendant, CHRISTOPHER OTERO-RIVERA, by and through the undersigned attorney, and moves this Court for an Order which would direct the Clerk of the Circuit Court, Ninth Judicial Circuit, in and for Osceola County, Florida, to issue a Subpoena Duces Tecum requiring Attenti Electronic Monitoring, Attn: Mark Kessel, to Produce Records, to provide to Attorney Migdalia Perez, Perez LaSure Law, records for GPS system regarding probationer: Christopher Otero-Rivera: In support of this motion the Defendant would show: 1. The defendant has been charged by Indictment with Second Degree Murder, Fla. Stat. §782.04; Abuse of a Dead Human Body Fla. Stat. §872.06; and Tampering with Evidence Fla. Stat. §918.13. The State listed witness, Adam Kessell, from Attenti Electronic Monitoring. Christopher Otero-Rivera was on Community Control with G.P.S. from July 2019 to October 25, 2019. GPS locations of the Defendant is pertinent to the facts of the case. Defense is requesting all records which include but not limited to GPS VIDEOS (10/21 thru 10/24); Violation Summary, Response History, CM Notes, and Device Messages.6. The requested Subpoena is limited to a category of documents, which would support the truth-finding function of discovery. 7. The undersigned counsel has a good-faith basis in presenting this Motion to the Court. WHEREFORE, the undersigned moves this Honorable Court, pursuant to Florida Rules of Criminal Procedure Rule 3.220(f), for an Order authorizing the undersigned to issue a Subpoena Duces Tecum to Attenti Electronic Monitoring to obtain a full and complete records as more fully stated in the Swhpoena Duces Tecum attached hereto. CERTIFICATE OF SERVICE I CERTIFY that an original copy of this document has been E-Filed through E-File Portal System to the Office of the State Attorney, and the Clerk of Court, (via email to JA), on this 2"¢ day of June, 2020. PEREZ LASURE LAW ~ ~ FY lace ' eee OO By: MIGDALIA PEREZ Florida Bar No.: 696307 517 Bryan Street Kissimmee, FL 34741 Telephone: 407-530-4920 mperez@perezlasurelaw.com Attorney for Christopher Ortero-RiveraIN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, CRIMINAL JUSTICE DIVISION, IN AND FOR OSCEOLA COUNTY, FLORIDA STATE OF FLORIDA, CASE NO. 2019-CF-003738-A-OS Plaintiff, Division: 101 Vv. CHRISTOPHER OTERO-RIVERA Defendant. / ORDER ON DEFENDANT’S MOTION FOR SUBPOENA DUCES TECUM TO PRODUCE RECORDS THIS CAUSE having come to be heard before the Honorable Judge Jon B. Morgan, in and for Osceola County, Florida, upon the Amended Defendant’s Motion for Subpoena Duces Tecum to Produce Records, and the Court being fully advised in the premises, it is hereby ORDERED and ADJUDGED that the Amended Defendant’s Motion for Subpoena Duces Tecum to Produce Records is IT IS FURTHER ORDERED that the Clerk of the Circuit Court of the Ninth Judicial Circuit of Florida, is hereby directed to issue a Subpoena Duces Tecum TO: Attenti Electronic Monitoring, Attn: Adam Kessell at akessell@attentigroup.com. Records should include: Defense is requesting all records which include but not limited to GPS VIDEOS (10/21 thru 10/24); Violation Summary, Response History, CM Notes, and Device Messages relating to Christopher Otero-Rivera (11/19/1987): PLEASE provide the above records directly to Attorney Migdalia Perez, mperez@perezlasurelaw.com, 517 Bryan Street, Kissimmee, FL 34741 within (7) working days from receipt of this subpoena. DONE AND ORDERED in Chambers/Open Court at the Osceola County Courthouse in Kissimmee, Florida, this the day of , 2020. HONORABLE JON B. MORGAN CRIMINAL JUSTICE DIVISIONCERTIFICATE OF SERVICE 1 CERTIFY that an original copy of this document has been E-Filed through E-File Portal System; Attenti Electronic Monitoring, akessell@attentigroup.com, and to Migdalia Perez, Esq., myperez@perezlasurelaw.com; PEREZ LASURE LAW, LLC, 517 Bryan Street, Kissimmee, FL 34741; on this day of , 2020. JUDICIAL ASSISTANT **NOTE: CLERK OF COURT MAY EMAIL COPY OF SUBPOENA TO ABOVE STATED EMAIL ADDRESS. PLEASE FORWARD COPY OF SUBPOENA TO UNDERSIGNED COUNSEL WHO WILL SEND CERTIFIED COPY OF SUBPOENA DUCES TECUM TO ATTENTI ELECTRONIC***IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, CRIMINAL JUSTICE DIVISION, IN AND FOR OSCEOLA COUNTY, FLORIDA STATE OF FLORIDA, CASE NO. 2019-CF-003738-A-OS v. Plaintiff, Division: 101 CHRISTOPHER OTERO-RIVERA Defendant. APPLICATION FOR RECORDS DUCES TECUM WITHOUT APPEARANCE The Defendant, herein named above, by and through the undersigned counsel, herewith makes application for the issuance of records subpoena requiring the below named individual to provide to PEREZ LASURE LAW, LLC, mperez@perezlasurelaw.com, 517 Bryan Street, Kissimmee, FL 34741, the records listed below: ATTENTI ELECTRONIC MONITORING Attn: Mark Kessel, 1838 Gunn Hwy, Odessa, FL 33556 and/or email to: akessell@attentigroup.com. Records should include all records relating to Christopher Otero-Rivera (11/19/1987) GPS VIDEOS (10/21 thru 10/24); Violation Summary, Response History, CM Notes, and Device Messages. NOTE: Your appearance is not required. PLEASE provide the above records directly to Attorney Migdalia Perez, mperez@perezlasurelaw.com, 517 Bryan Street, Kissimmee, FL 34741 within (7) working days from receipt of this subpoena. DATED this 2" day of June, 2020.