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Filing # 143340801 E-Filed 02/04/2022 03:44:19 PM
IN THE CIRCUIT COURT, NINTH JUDICIAL
CIRCUIT, CRIMINAL JUSTICE DIVISION,
IN AND FOR OSCEOLA COUNTY, FLORIDA
STATE OF FLORIDA, CASE NO. 21CF001992A0S
Plaintiff, DIVISION 11A
VS.
THOMAS MATTHEW SNELL,
Defendant.
a
DEFENDANT’S NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY AND
DEMAND FOR FAVORABLE AND IMPEACHMENT INFORMATION IN
ACCORDANCE WITH BRADY
COMES NOW, the Defendant, THOMAS MATTHEW SNELL, pursuant to Rule 3.220
Florida Rules of Criminal Procedure, hereby gives notice of his intent to participate in discovery
and requests that the State of Florida disclose to the defendant and permit the defendant to inspect,
copy, test and photograph the following information and material within the state’s possession or
control within 15 days after service of this Notice:
1. A list of the names and addresses of all persons known to the prosecutor to have
information that may be relevant to any offense charged or any defense thereto, to any
similar fact evidence to be presented at trial under section 90.404(2), Florida Statutes.
2. The statement of any person whose name is furnished in compliance with the preceding
subdivision. The term "statement" as used herein includes a written statement made by
the person and signed or otherwise adopted or approved by the person and also includes
any statement of any kind or manner made by the person and written or recorded or
summarized in any writing or recording made to anyone regarding this case. The term
"statement" is specifically intended to include all police and investigative reports of
any kind prepared for or in connection with the case.
3. Any written or recorded statements 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.
4. Any written or recorded statements and the substance of any oral statements made by
a codefendant.
5. Those portions of recorded grand jury minutes that contain testimony of the defendant.
6. Any tangible papers or objects that were obtained from or belonged to the defendant.
7. Whether the state has any material or information that has been provided by a
confidential informant. Whether there has been any electronic surveillance, including
wiretapping, of the premises of the defendant or of conversations to which the
defendant was a party and any documents relating thereto.
8. Whether there has been any search or seizure and any documents relating thereto.
Reports or statements of experts made in connection with the particular case, including
results of physical or mental examinations and of scientific tests, experiments, or
comparisons.
9. Any 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.
10. Any tangible paper, objects or substances in the possession of law enforcement that
could be tested for DNA.
11. Any material information within the state's possession or control (constructive or
actual) that tends to negate the guilt of the defendant as to any offense directly or
indirectly charged.
12. All evidence in the actual or constructive possession of the State that is exculpatory or
can be used as impeachment evidence. See Brady v. Maryland, 373 U.S. 83 (1963); see
also Kyles v. Whitley, 514 U.S. 419 (1995); United States v. Bagley, 473 U.S. 667
(1985); Giglio v. United States, 405 U.S. 150 (1972). This type of evidence includes
the following:
A. All information that can be used to mitigate crimes that the Defendant is
directly or indirectly accused of committing.
B. Any oral, written or recorded statements made by any person(s) to the
police, to the State Attorney, or to a Grand Jury that tends to establish the
innocence or mitigate the punishment of the Defendant or that tends to
impeach the credibility or contradict the testimony of any witness whom the
State may call during this case.
C. Any reports made to the police that tend to establish the innocence or
mitigate the punishment of the Defendant or tends to impeach the credibility
or contradict the testimony of any witness whom the State may call as a
witness during this case.
D. The names and addresses of witnesses who might establish the innocence
or mitigate the punishment of the Defendant or impeach the credibility or
contradict the testimony of any witness whom the State may call as a
witness during this case.
E. The substance of any and all statements, agreements, offers or discussions
had with any state witnesses, including suggestion of lenience,
compensation, assurance not to prosecute, assurance to proceed only on
certain causes, or suggestion(s) of any other benefit accruing to said
individual whatsoever in exchange for their cooperation, assistance of
testimony in the case herein.
F. The substance of any and all consideration or promise( s) of consideration
given to or made on behalf of government witnesses, and specifically an
offer of absolutely anything of value or use including but not limited to
money, immunity grants, witness fees, special witness fees, transportation
assistance, assistance or favorable treatment with respect to any criminal,
civil, tax court, or administrative dispute, and anything else which could
arguably create an interest, incentive or bias in the witness in favor of the
state or against the defense or that could reasonably act as an inducement to
testify or to color testimony.
G. Any and all prosecutions, investigations or possible prosecutions pending
or which could be brought against any witness that testifies for the State in
this case, and any probationary, parole or deferred prosecution status of any
state witness.
H. Information revealing felony convictions or crimes involving dishonesty
that are attributed to State witnesses.
I. The identities of persons who have provided information relevant to this
case and who have received any form of compensation (including
"CrimeLine" or equivalent programs).
J. The most recent sentencing score sheet prepared in the case against the
Defendant which the State intends to use at sentencing.
K. All material evidence or information in the State's possession or control
(constructive or actual) that may reasonably be considered admissible and
useful to the defense in the sense that it is probably material and exculpatory
regardless of whether such information is deemed to be the work product of
the prosecutor or otherwise subject to discovery as a "public record" under
Chapter 119, Florida Statutes.
WHEREFORE, the Defendant hereby gives Notice of Intent to Participate in Discovery
and requests disclosure of the above-stated information within 15 days of the date of this Notice.
ROBERT WESLEY
PUBLIC DEFENDER
By: ‘Keb >
Richard Mendoza
Florida Bar No. 39056
Assistant Public Defender
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that this original document has been E-Filed with the Clerk of
Court through the E-Portal and a copy of the foregoing has been E-Served to the Office of the State
Attorney, on this the 4" day of February, 2022.
ROBERT WESLEY
PUBLIC DEFENDER
a ee,
By: Mebane SO
RichardMendoza
ss ss—<—sS
Florida Bar No. 39056
Assistant Public Defender
2 Courthouse Square, Suite 1600
Kissimmee, FL 34741
rmendoza@circuit9.org
(407) 742-7057