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Filing # 107960867 E-Filed 05/26/2020 06:03:06 PM
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,
v.
Division: 101
CHRISTOPHER OTERO-RIVERA
Defendant.
DEFENSE MOTION FOR SUBPOENA DUCES TECUM TO PRODUCE EMAIL
COMMUNICATIONS
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 to Produce Records: email communications between members of the
T-Mobile and members from Osceola County Sheriff’s Office for the time period October 23,
2019 0000 HOURS through October 26, 2019 0000 HOURS. 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 victim in the above matter is Nicole Montalvo, owner of cellphone
records requested, 321-805-0036, and cellphone records of the
Defendant’s cellphone and Rivera family member’s cellphones on the
Hixon Property; 407-709-5563, 407-709-0709, 321-746-9652 and 407-
749-2535.
Detective Huaman obtained exigency cellphone records from T-Mobile
regarding cellphone # 321-805-0036 on October 23, 2019 and
subsequent records on October 26, 2019. Communication between
Detective Roger Huaman and other members of the OCSO and T-Mobile
were exchanged via email.4. The defense is requesting production of any and all email
communication(s) between Detectives Huaman and/or any member of
the OCSO and T-Mobile from October 23, 2019 through October 26,
2019 in reference to the above identified agency case number as it is
necessary so this cause can be properly prepared for trial.
EMAIL RECORDS SHOULD INCLUDE:
A record of all electronic correspondence, including, but not limited to
any and all email(s) that were exchanged between the Osceola County
Sheriff's Office, including but not limited to Detective Roger Huaman,
and T-Mobile (LERRecords@T-Mobile.com and any/all other records
custodians from T-Mobile in communication with OCSO) in reference
to Agency Case # 191110030 between October 23, 2019 through
October 27, 2019. The records should be produced in an electronic
EML file format or any equivalent file format that makes fully viewable
and downloadable the content of the message, any attachments, the
sender(s), the recipients(s), the time and date of its transmission and any
read receipts that were generated.
WHEREFORE, the Defendant respectfully requests this Honorable Court enter its
Order directing that the Clerk of the Circuit Court of the Ninth Judicial Circuit of Florida, issue
a Subpoena Duces Tecum for the records as indicated above.
~y Lega uh °
By:
MIGDALIA PEREZ
Florida Bar No.: 696307CERTIFICATE 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 26" day of May, 2020.
PEREZ LASURE LAW
me, Co s
—™s A oe
\ LAA gal i \ .
& KS
By:
MIGDALIA PEREZ
Florida Bar No.: 696307
517 Bryan Street
Kissimmee, FL 34741
Telephone: 407-530-4920
mperez@perezlasurelaw.com
Attorney for Christopher Otero-Rivera
KIMBERLY A. LaSURE
Florida Bar No.: 883751
517 Bryan Street
Kissimmee, FL 34741
Telephone: 407-530-4920
klasure@perezlasurelaw.com
Attorney for Christopher Otero-Rivera
By: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, Division: 101
CHRISTOPHER OTERO-RIVERA
Defendant.
ORDER ON DEFENDANT’S 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 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 Defendant’s Motion for Subpoena Duces
Tecum to Produce Records is
EMAIL RECORDS SHOULD INCLUDE:
A record of all electronic correspondence, including, but not limited to
any and all email(s) that were exchanged between the Osceola County
Sheriff's Office, including but not limited to Detective Roger Huaman,
and T-Mobile (LERRecords@T-Mobile.com and any/all other records
custodians from T-Mobile in communication with OCSO) in reference
to Agency Case # 191110030 between October 23, 2019 through
October 27, 2019. The records should be produced in an electronic
EML file format or any equivalent file format that makes fully viewable
and downloadable the content of the message, any attachments, the
sender(s), the recipients(s), the time and date of its transmission and any
read receipts that were generated.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 DIVISION
CERTIFICATE OF SERVICE
I CERTIFY that an original copy of this document has been E-Filed through E-File
Portal System to the Osceola County Sheriff's Office, Public Records Department at
LERRecords@T-Mobile.com; and to Migdalia Perez, Esq., mperez@perezlasurelaw.com;
PEREZ LASURE LAW, LLC, 517 Bryan Street, Kissimmee, FL 34741; on this _ day of
, 2020.
JUDICIAL ASSISTANTIN 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.
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:
Produce Records: EMAIL RECORDS SHOULD INCLUDE:
A record of all electronic correspondence, including, but not limited to any and all email(s)
that were exchanged between T-Mobile (LERRecords@T-Mobile.com and the Osceola
County Sheriff's Office, including but not limited to Detective Roger Huaman, and any/all
other records custodians from T-Mobile in communication with OCSO) in reference to
Agency Case # 191110030 between October 23, 2019 through October 27, 2019.
The records should be produced in an electronic EML file format or any equivalent file
format that makes fully viewable and downloadable the content of the message, any
attachments, the sender(s), the recipients(s), the time and date of its transmission and
any read receipts that were generated.
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 26" day of May, 2020.
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Filing # 107960867 E-Filed 05/26/2020 06:03:06 PM 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, v. Division: 101 CHRISTOPHER OTERO-RIVERA Defendant. DEFENSE MOTION FOR SUBPOENA DUCES TECUM TO PRODUCE EMAIL COMMUNICATIONS 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 to Produce Records: email communications between members of the T-Mobile and members from Osceola County Sheriff’s Office for the time period October 23, 2019 0000 HOURS through October 26, 2019 0000 HOURS. 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 victim in the above matter is Nicole Montalvo, owner of cellphone records requested, 321-805-0036, and cellphone records of the Defendant’s cellphone and Rivera family member’s cellphones on the Hixon Property; 407-709-5563, 407-709-0709, 321-746-9652 and 407- 749-2535. Detective Huaman obtained exigency cellphone records from T-Mobile regarding cellphone # 321-805-0036 on October 23, 2019 and subsequent records on October 26, 2019. Communication between Detective Roger Huaman and other members of the OCSO and T-Mobile were exchanged via email.4. The defense is requesting production of any and all email communication(s) between Detectives Huaman and/or any member of the OCSO and T-Mobile from October 23, 2019 through October 26, 2019 in reference to the above identified agency case number as it is necessary so this cause can be properly prepared for trial. EMAIL RECORDS SHOULD INCLUDE: A record of all electronic correspondence, including, but not limited to any and all email(s) that were exchanged between the Osceola County Sheriff's Office, including but not limited to Detective Roger Huaman, and T-Mobile (LERRecords@T-Mobile.com and any/all other records custodians from T-Mobile in communication with OCSO) in reference to Agency Case # 191110030 between October 23, 2019 through October 27, 2019. The records should be produced in an electronic EML file format or any equivalent file format that makes fully viewable and downloadable the content of the message, any attachments, the sender(s), the recipients(s), the time and date of its transmission and any read receipts that were generated. WHEREFORE, the Defendant respectfully requests this Honorable Court enter its Order directing that the Clerk of the Circuit Court of the Ninth Judicial Circuit of Florida, issue a Subpoena Duces Tecum for the records as indicated above. ~y Lega uh ° By: MIGDALIA PEREZ Florida Bar No.: 696307CERTIFICATE 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 26" day of May, 2020. PEREZ LASURE LAW me, Co s —™s A oe \ LAA gal i \ . & KS By: MIGDALIA PEREZ Florida Bar No.: 696307 517 Bryan Street Kissimmee, FL 34741 Telephone: 407-530-4920 mperez@perezlasurelaw.com Attorney for Christopher Otero-Rivera KIMBERLY A. LaSURE Florida Bar No.: 883751 517 Bryan Street Kissimmee, FL 34741 Telephone: 407-530-4920 klasure@perezlasurelaw.com Attorney for Christopher Otero-Rivera By: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, Division: 101 CHRISTOPHER OTERO-RIVERA Defendant. ORDER ON DEFENDANT’S 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 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 Defendant’s Motion for Subpoena Duces Tecum to Produce Records is EMAIL RECORDS SHOULD INCLUDE: A record of all electronic correspondence, including, but not limited to any and all email(s) that were exchanged between the Osceola County Sheriff's Office, including but not limited to Detective Roger Huaman, and T-Mobile (LERRecords@T-Mobile.com and any/all other records custodians from T-Mobile in communication with OCSO) in reference to Agency Case # 191110030 between October 23, 2019 through October 27, 2019. The records should be produced in an electronic EML file format or any equivalent file format that makes fully viewable and downloadable the content of the message, any attachments, the sender(s), the recipients(s), the time and date of its transmission and any read receipts that were generated.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 DIVISION CERTIFICATE OF SERVICE I CERTIFY that an original copy of this document has been E-Filed through E-File Portal System to the Osceola County Sheriff's Office, Public Records Department at LERRecords@T-Mobile.com; and to Migdalia Perez, Esq., mperez@perezlasurelaw.com; PEREZ LASURE LAW, LLC, 517 Bryan Street, Kissimmee, FL 34741; on this _ day of , 2020. JUDICIAL ASSISTANTIN 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. 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: Produce Records: EMAIL RECORDS SHOULD INCLUDE: A record of all electronic correspondence, including, but not limited to any and all email(s) that were exchanged between T-Mobile (LERRecords@T-Mobile.com and the Osceola County Sheriff's Office, including but not limited to Detective Roger Huaman, and any/all other records custodians from T-Mobile in communication with OCSO) in reference to Agency Case # 191110030 between October 23, 2019 through October 27, 2019. The records should be produced in an electronic EML file format or any equivalent file format that makes fully viewable and downloadable the content of the message, any attachments, the sender(s), the recipients(s), the time and date of its transmission and any read receipts that were generated. 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 26" day of May, 2020.