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Filing # 80174191 E-Filed 11/01/2018 09:43:19 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CRIMINAL ACTION
STATE OF FLORIDA CASE NO: — 18-002047CF - (DHM)
(GNS)
vs.
KRISTIAN MICHAEL GUPTA
ANSWER TO DEMAND FOR DISCOVERY
Coes Now the STATE OF FLORIDA, by and through the undersigned Assistant State
Attorney, pursuant to Defendant's Notice of Discovery, and pursuant to Fla. R. Crim. P. 3.220,
and submits the following information.
1. The names and addresses of all persons known to the prosecutor to have information which
may be relevant to the offenses charged, and to any defense with respect thereto, are as follows:
+— indicates victim
* — indicates witness is under the age of 18
Keith Bush, North Port Police Department, 4980 City Hall Boulevard, Nort Port, FL 34286
Category A
Detective Cody J. Forbus, Charlotte County Sheriff's Office, Punta Gorda, FL 33982 Category
A
+* ACG, Confidential Witness address furnished under separate page. - Category A
Daena Gupta, 13546 Newport Avenue, Port Charlotte, FL 33981 Category A
Deputy First Class Louis Henyecz, Charlotte County Sheriff's Office, 7474 Utilities Road,
Punta Gorda, FL 33982 Category A
Sergeant Michael John Krzysiak, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta
Gorda, FL 33982 Category A
Corporal Kristopher McRae, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta
Gorda, FL 33982 Category A
Detective Anthony J. Moccia, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta
Gorda, FL 33982 Category A
Sergeant Ronnie L. Pressley Jr., Charlotte County Sheriff's Office, 7474 Utilities Road, Punta
Gorda, FL 33982 Category A
Detective Cristino Rentas, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta Gorda,
FL 33982 Category A
Deputy Andrew Schulte, Charlotte County Sheriff's Office, Punta Gorda, FL 33950 Category A
Linda Sjogren, 5560 Club View Lane, North Port, FL 34287 Category A
Detective Alfredo N. Tebano, Charlotte County Sheriff's Office, Punta Gorda, FL 33982
Category A
Detective Jeffrey H. Young, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta
Gorda, FL 33982 Category A
Page 1 of 4RE: Kristian Michael Gupta, 18-002047CF
Together with any other persons named in any investigative or laboratory reports or other
documents furnished in compliance with Discovery Rules.
Discovery 001-059; 060-123; 124-126; Video 1; DVD 1 —- Audio; DVD 2 - Audio & Video
2. Anaffirmative response will appear below for each subparagraph listing items in the State’s
possession or control.
a. [ Material or information provided by confidential informant, the
name(s) of confidential informant(s) will NOT be supplied unless the state
intends to use same as witness(es) at the trial or unless required by court
order after notice and hearing.
b. [XJ Electronic surveillance of premises of accused or of conversations to
which accused was a party. (Documents relating thereto.)
c. [XJ Search and seizure. (Documents relating thereto.)
3. All tangible papers, objects and statements provided under Fla.R.Crim.P.3.220(b) may be
inspected, photographed or tested, upon signed receipt for same during the regular and
ordinary business hours at
a. State Attorney’s Office, Punta Gorda.
And/or
b. Charlotte County Sheriff's Office
Certificates of Assurance for the applicable Alcohol Reference Solution and all
relevant intoxilyzer documentation may be inspected, copied, tested, or photographed at
the office of the State Attorney, 20th Judicial Circuit. Please provide the undersigned 48
hours (excluding weekends and holidays) written notice of the time you will appear for
inspection of the documents.
Certificates of Assurances for the applicable Alcohol Reference Solutions are
maintained by the Florida Department of Law Enforcement in Tallahassee but are
available online at https://www.fdle.state.fl.us/Alcohol-Testing-Program/Intoxilyzer-8000-
Records Intoxilyzer records, including inspection data, are available in the public records
section in the Alcohol Testing Program portion of the FDLE website available online at
the above listed web address.
Please give the undersigned 48 hours (excluding weekends and holidays) written
notice of the time you will appear for inspection of the disclosures herein.
GNS:hkm
Page 2 of 4RE: Kristian Michael Gupta, 18-002047CF
This document serves as authorization for the attorney for the defendant or his
designated representative, to conduct the said discovery of tangible papers, objects and
statements in the above-styled cause, with reference to:
Agency Number: 1809-013158 Charlotte County Sheriff's Office
Employee files including internal investigative reports are maintained by the current or
former employing law enforcement agencies.
4. The State has herein submitted its witness list and expects the defense to submit its witness
list, with names and addresses, within fifteen (15) days as provided in R.Cr.P.3.220(d)(1),
or promptly upon receipt of such information. Please notify the undersigned Assistant State
Attorney within fifteen (15) days, or promptly upon receipt of such information, whether
you have in your possession or control any of the following:
a. The Statement of any person whom the Defendant expects to call as a
witness at a trial or hearing.
b. 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.
c. Any tangible papers or objects, which the Defendant intends to use in
a hearing or trial.
GNS:hkm
Page 3 of 4RE: Kristian Michael Gupta, 18-002047CF
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing Discovery Disclosure has
been furnished to Robert B. Siddall, Attorney for the Defense, Musca Law Firm, 2200 Martin
Luther King Boulevard, Suite 4, Fort Myers, FL 33901, by United States Mail/Hand
Delivery/Electronic Transmission this October 31, 2018.
STEPHEN B. RUSSELL
STATE ATTORNEY
BY: /s/ Garrick N. Soja
Garrick N. Soja
Assistant State Attorney
Florida Bar Number 0093306
350 E. Marion Avenue
Punta Gorda, Florida 33950
(941) 637-2104
eService: ServiceSAO-CH@sao.cjis20.org
GNS:hkm.
GNS:hkm
Page 4 of 4
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Filing # 80174191 E-Filed 11/01/2018 09:43:19 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CRIMINAL ACTION STATE OF FLORIDA CASE NO: — 18-002047CF - (DHM) (GNS) vs. KRISTIAN MICHAEL GUPTA ANSWER TO DEMAND FOR DISCOVERY Coes Now the STATE OF FLORIDA, by and through the undersigned Assistant State Attorney, pursuant to Defendant's Notice of Discovery, and pursuant to Fla. R. Crim. P. 3.220, and submits the following information. 1. The names and addresses of all persons known to the prosecutor to have information which may be relevant to the offenses charged, and to any defense with respect thereto, are as follows: +— indicates victim * — indicates witness is under the age of 18 Keith Bush, North Port Police Department, 4980 City Hall Boulevard, Nort Port, FL 34286 Category A Detective Cody J. Forbus, Charlotte County Sheriff's Office, Punta Gorda, FL 33982 Category A +* ACG, Confidential Witness address furnished under separate page. - Category A Daena Gupta, 13546 Newport Avenue, Port Charlotte, FL 33981 Category A Deputy First Class Louis Henyecz, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta Gorda, FL 33982 Category A Sergeant Michael John Krzysiak, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta Gorda, FL 33982 Category A Corporal Kristopher McRae, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta Gorda, FL 33982 Category A Detective Anthony J. Moccia, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta Gorda, FL 33982 Category A Sergeant Ronnie L. Pressley Jr., Charlotte County Sheriff's Office, 7474 Utilities Road, Punta Gorda, FL 33982 Category A Detective Cristino Rentas, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta Gorda, FL 33982 Category A Deputy Andrew Schulte, Charlotte County Sheriff's Office, Punta Gorda, FL 33950 Category A Linda Sjogren, 5560 Club View Lane, North Port, FL 34287 Category A Detective Alfredo N. Tebano, Charlotte County Sheriff's Office, Punta Gorda, FL 33982 Category A Detective Jeffrey H. Young, Charlotte County Sheriff's Office, 7474 Utilities Road, Punta Gorda, FL 33982 Category A Page 1 of 4RE: Kristian Michael Gupta, 18-002047CF Together with any other persons named in any investigative or laboratory reports or other documents furnished in compliance with Discovery Rules. Discovery 001-059; 060-123; 124-126; Video 1; DVD 1 —- Audio; DVD 2 - Audio & Video 2. Anaffirmative response will appear below for each subparagraph listing items in the State’s possession or control. a. [ Material or information provided by confidential informant, the name(s) of confidential informant(s) will NOT be supplied unless the state intends to use same as witness(es) at the trial or unless required by court order after notice and hearing. b. [XJ Electronic surveillance of premises of accused or of conversations to which accused was a party. (Documents relating thereto.) c. [XJ Search and seizure. (Documents relating thereto.) 3. All tangible papers, objects and statements provided under Fla.R.Crim.P.3.220(b) may be inspected, photographed or tested, upon signed receipt for same during the regular and ordinary business hours at a. State Attorney’s Office, Punta Gorda. And/or b. Charlotte County Sheriff's Office Certificates of Assurance for the applicable Alcohol Reference Solution and all relevant intoxilyzer documentation may be inspected, copied, tested, or photographed at the office of the State Attorney, 20th Judicial Circuit. Please provide the undersigned 48 hours (excluding weekends and holidays) written notice of the time you will appear for inspection of the documents. Certificates of Assurances for the applicable Alcohol Reference Solutions are maintained by the Florida Department of Law Enforcement in Tallahassee but are available online at https://www.fdle.state.fl.us/Alcohol-Testing-Program/Intoxilyzer-8000- Records Intoxilyzer records, including inspection data, are available in the public records section in the Alcohol Testing Program portion of the FDLE website available online at the above listed web address. Please give the undersigned 48 hours (excluding weekends and holidays) written notice of the time you will appear for inspection of the disclosures herein. GNS:hkm Page 2 of 4RE: Kristian Michael Gupta, 18-002047CF This document serves as authorization for the attorney for the defendant or his designated representative, to conduct the said discovery of tangible papers, objects and statements in the above-styled cause, with reference to: Agency Number: 1809-013158 Charlotte County Sheriff's Office Employee files including internal investigative reports are maintained by the current or former employing law enforcement agencies. 4. The State has herein submitted its witness list and expects the defense to submit its witness list, with names and addresses, within fifteen (15) days as provided in R.Cr.P.3.220(d)(1), or promptly upon receipt of such information. Please notify the undersigned Assistant State Attorney within fifteen (15) days, or promptly upon receipt of such information, whether you have in your possession or control any of the following: a. The Statement of any person whom the Defendant expects to call as a witness at a trial or hearing. b. 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. c. Any tangible papers or objects, which the Defendant intends to use in a hearing or trial. GNS:hkm Page 3 of 4RE: Kristian Michael Gupta, 18-002047CF CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing Discovery Disclosure has been furnished to Robert B. Siddall, Attorney for the Defense, Musca Law Firm, 2200 Martin Luther King Boulevard, Suite 4, Fort Myers, FL 33901, by United States Mail/Hand Delivery/Electronic Transmission this October 31, 2018. STEPHEN B. RUSSELL STATE ATTORNEY BY: /s/ Garrick N. Soja Garrick N. Soja Assistant State Attorney Florida Bar Number 0093306 350 E. Marion Avenue Punta Gorda, Florida 33950 (941) 637-2104 eService: ServiceSAO-CH@sao.cjis20.org GNS:hkm. GNS:hkm Page 4 of 4