#22-CM-0061, State of San Andreas v. Naomi Mizuno

[Naomi Mizuno]

Defendant Name: Naomi Mizuno
Defendant Phone: 292-1448
Defendant Address: n/a
(( Defendant Discord: Iriael#7569))
Requested Attorney: Cyrus Raven

Charging Department: PD

Time & Date of Incident(s): 11:00 UTC - 27/JUL/2022
Charge(s):

• Prison Break
• Evading an Officer
• Branding a Firearm
• Possession of an Illegal Firearm
• Possession of Weapons Modifications

Narrative: I was shot point blank by a shotgun, badge #20326, and was never read my rights. I was falsely charged, and completely mishandled by the Police Department. I learned of my charges later when arrested by the Sherrif's Department.

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I, Naomi Mizuno, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))

[Aleksandar Pulaski]

San Andreas Judicial Branch Personal Email "HERE FOR YOU | SAFE FOR YOU"

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• To Whom It May Concern,
  
  I, Prosecuting Attorney Alex Butanovich, am entering this case as a counsel for the State of San Andreas. I am familiarizing myself with the details of this case and am ready to proceed upon court's discretion.
  

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  Respectfully,
  
  General Attorney Alex Butanovich
  Prosecuting Division
  San Andreas Judicial Branch
  (909) 304-9773 — [email protected]

[Judith Mason]

San Andreas Judicial Branch Re: #22-CM-0061, State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Parties,
  
  I am Associate Justice Judith Mason and I will be the presiding over this case in my courtroom. At this point in time, I will be assigning this case to docket number #22-CM-0061.
  
  This case is now pending appointment of defense counsel.
  
  Respectfully,
  
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 257-9183 — [email protected]

[Cyrus Raven]

San Andreas Judicial Branch Re: State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Honorable Judith Mason,
  
  I, Chief Public Defender Cyrus Raven, will be representing the defendant, Naomi Mizuno, in this case. I have made myself aware of the contents of this case and I am ready to proceed at the court's discretion.
  
  Respectfully,
  
  
  
  
  Chief Public Defender
  San Andreas Judicial Branch
  5356160 — [email protected]

[Hugh Allgood]

San Andreas Judicial Branch State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Superior Court of San Andreas,
  
  Let the record reflect that I will prosecute this case on behalf of the State of San Andreas. I will begin the necessary preparations and will be ready to proceed at the discretion of the Superior Court.
  
  Respectfully,
  
  
  Attorney General
  San Andreas Judicial Branch
  (909) 235-6076 — [email protected]

[Judith Mason]

San Andreas Judicial Branch
"HERE FOR YOU | SAFE FOR YOU"

#22-CM-0061 Presiding Judge: Judith Mason

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ORDER FOR DISCOVERY

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Naomi Mizuno
#22-CM-0061

A court order was entered in the above case on 20 October, 2022.

The case of the #22-CM-0061, State of San Andreas v. Naomi Mizuno is hereby opened and acknowledged by the Court.

The prosecution is hereby ordered to provide all evidence collected from the arresting Law Enforcement Agency and submit it to the Court via Motion for Discovery within seven days. If additional time is needed, the prosecution can file a Motion for Continuance.

Once evidence has been submitted to the official docket the defense can begin filing motions.




Associate Justice
San Andreas Judicial Branch
(909) 257-9183 — [email protected]

[Hugh Allgood]

Motion for Discovery

San Andreas Judicial Branch
Motion for Discovery

Honorable Judith Mason,

• We the prosecution in the case below are presenting our discovery to the court.

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  State of San Andreas v. Naomi Mizuno
  Assigned Court Case Number: 22-CM-0061
  Requesting Party: Superior Court
  Party Members: State of San Andreas (Attorney General Hugh R. Allgood) & Naomi Mizuno (Cyrus Raven)

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  Exhibit #1: Los Santos Sheriff's Department
  Type of Discovery: Arrest report
  • Arrest report detailing the DPB operation and arrest of defendant.
  Spoiler

  All Information from the Discovery

  • 

    ARREST REPORT
    

    MUGSHOT

    SUSPECT 1 DETAILS

    • 
      Full Name: Naomi Mizuno
      Telephone Number: 2921448
      Licenses Revoked: No
      Charges:
      • GF21 - Prison Break
      • WF03 - Possession of Illegal Firearms/Weapons
      • WM01 - Brandishing a Firearm or Weapon
      • WM03 - Possession of Weapon Modifications
      • VF01 - Evading an Officer
      How did the suspect plea to the above charges?
      Suspect pleaded guilty to some of the charges.
      Additional Details (Suspect's vehicle, etc.) :
      Pleaded guilty to WF03 - Possession of Illegal Firearms/Weapons & WM03 - Possession of Weapon Modifications

    VEHICLES INVOLVED

    • Vehicle A:

    DEPUTY DETAILS

    • Full Name: Jay Wellberg
      Badge Number: 23444
      Callsign: 2-K-35

    INCIDENT DETAILS

    • Date of Arrest: 2022-07-27
      Deputies Involved: Fillmoore Grayson, Wiley Reno, Bunkie Johnson
      
      Provide details of the incident leading up to the arrest
      • On 28/Jul/2022 we assisted with a DPB operation, we rode with DPB, MERTO Swat and took the subject into custody for a warrant. The suspect was arrested with no further issues.

    EVIDENCE DETAILS

    • Exhibit A:

    ARRESTING DEPUTY SIGNATURE
    Jay Wellberg
    

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  Exhibit #2: Los Santos Police Department
  Type of Discovery: Written statement
  Spoiler

  All Information from the DiscoveryWritten statement from Officer Shaw

  • 
    
    ((
    Unable to quote due to a forum limitation))
  Exhibit #3: Los Santos Police Department
  Type of Discovery: Document Request
  Spoiler

  All Information from the DiscoveryMetro log detailing the METRO deployment

  • 
    
    ((
    Unable to quote due to a forum limitation))
  Exhibit #4 Los Santos Police Department
  Type of Discovery:Document
  Spoiler

  All Information from the DiscoveryInformation from LSPD Legal Affairs pertaining to this situation

  • 
    
    ((
    Unable to quote due to a forum limitation))

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Sincerely,


Hugh R. Allgood
Attorney General

[Judith Mason]

San Andreas Judicial Branch Re: #22-CM-0061, State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Parties,
  
  With the Order for Discovery now having expired, does the defense wish to request a Discovery Hearing for the above exhibits being presented as evidence? If so, I will send out a scheduling tool, otherwise, this case will be pending trial.
  
  Respectfully,
  
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 257-9183 — [email protected]

[Cyrus Raven]

San Andreas Judicial Branch Re: #22-CM-0061, State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Honorable Judith Mason,
  
  The defense is requesting a hearing for the discovery presented. We can likewise issue relevant motions to suppress if needed, unless the court is amenable to these being presented verbally during the hearing.
  
  Respectfully,
  
  
  Chief Public Defender
  San Andreas Judicial Branch

[Judith Mason]

San Andreas Judicial Branch Re: #22-CM-0061, State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Parties,
  
  This case is now pending a Discovery Hearing - please use this scheduling tool to mark your availability. To the defense, if you intend to move to suppress any of the evidence above, please submit a Motion to Suppress so I will be better informed to make a decision come the day of the hearing.
  
  Respectfully,
  
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 257-9183 — [email protected]

[Judith Mason]

San Andreas Judicial Branch Re: #22-CM-0061, State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Parties,
  
  I will be scheduling this hearing for Monday, October 31st at 9:30pm (( UTC )).
  
  Respectfully,
  
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 257-9183 — [email protected]

[Cyrus Raven]

Motion to Suppress

San Andreas Judicial Branch
Motion to Suppress

Honorable Judith Mason,

• We the Defense in the case below are requesting that certain evidence be inadmissible in court.

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  State of San Andreas v. Naomi Mizuno
  Assigned Court Case Number:
  Requesting Party: Cyrus Raven
  Party Members: Cyrus Raven (Attorney), Naomi Mizuno (Defendant)

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  Requested Evidence to Suppress: Portion of Exhibit #2 and entirety of Exhibit #4

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  Detailed explanation:
  
  Exhibit #2:
  
  • Suppress - Hearsay/Foundation: ''upon her at DOC i had that officer say over radio that she had just been broke out of DOC with heavy weaponry which lead to her final charge being prison break. I had also seen bodycam footage from that officer from the incident to which i don't recall who it was so that footage is not available now.'' - Officer Shaw was not present at DOC, relying only on hearsay testimony from an unknown Officer who was in charge of transportation. Furthermore, he mentions some footage of the incident which has not been submitted into evidence and thus lacks foundation.
  Exhibit #4:
  
  • Suppress - Hearsay/Relevance: Precedent established in #22-CM-0053, State of San Andreas v. Ryan Watson and #22-CM-0064, State of San Andreas v. Tony Solicetto (Verbal Ruling during Discovery Hearing), the statement provided is neither signed, following the witness statement template, under oath or by someone present during the situation and thus has no relevance to the situation nor helps further any matter of fact.
    

    the witness statement provided by Deputy Chief Sanchez will not be admitted into evidence. The court thanks the Deputy Chief for providing a response to the prosecutor in this case, however, the statements included do not have any tendency to make a fact that is important to the case more or less probable than the fact would be without the evidence.

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Sincerely,


Cyrus Raven
Chief Public Defender

[Judith Mason]

San Andreas Judicial Branch Re: #22-CM-0061, State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Parties,
  
  As discussed during today's hearing, Exhibits 1, 2, and 3 from the prosecution's Motion for Discovery was granted, however, the defense's Motion to Suppress was granted in part for the following reasons:
  
  Exhibit 2
  • "upon her at DOC i had that officer say over radio that she had just been broke out of DOC with heavy weaponry which lead to her final charge being prison break." - Suppressed in part due to hearsay, as the officer is offering the statement that Ms. Mizuno had broken out of DOC as a matter of fact despite not purportedly being present for that part of the situation.
  Exhibit 4
  • Suppressed in whole due to hearsay/relevance, as the statement offered does not have a signed declaration and the purported author of this statement, Deputy Chief Dunbar, was not reported to be a part of the scenes involving Ms. Mizuno, therefore, would not be able to testify as to the facts of this case.
  Additionally, the prosecution offered a verbal Motion to Amend Charges, introducing one count of GF24 - Perjury, which was granted. The defense offered a Motion to Dismiss due to insufficient evidence to proceed to trial, citing 22-AP-0003, Roxy Teat v. State of San Andreas and 22-CM-0040, State of San Andreas v. Gregory Gregov, however, this motion was denied due to having more information/evidence than the Gregov case and a verdict was reached in the Teat case, which hinged on the defendant's witness statement being sufficient evidence to convict, however, whether or not that will be the same for this case shall be reserved for trial.
  
  Respectfully,
  
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 257-9183 — [email protected]

[Hugh Allgood]

Motion for Discovery

San Andreas Judicial Branch
Motion for Discovery

Honorable Judith Mason,

• We the prosecution in the case below are presenting our discovery to the court.

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  State of San Andreas v. Naomi Mizuno
  Assigned Court Case Number: 22-CM-0061
  Requesting Party: Superior Court
  Party Members: State of San Andreas (Attorney General Hugh R. Allgood) & Naomi Mizuno (Cyrus Raven)

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  Exhibit #1: Los Santos Police Department
  Type of Discovery: Evidence Room log
  • Photocopied sheet of paper containing record of evidence seized from Ms. Mizuno
  Spoiler

  All Information from the Discovery

  • 
  Exhibit #2: Los Santos Police Department
  Type of Discovery: Photographs
  Spoiler

  All Information from the DiscoveryPhotograph of the firearm and modification presently in evidence storage at LSPD, and a screen capture from the MDC showing the firearm is not legally registered.

  • 
    Firearm Serial No.: 1658129904390
    
  
  

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Sincerely,


Hugh R. Allgood
Attorney General

[Cyrus Raven]

San Andreas Judicial Branch Docket Notice "HERE FOR YOU | SAFE FOR YOU"

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• Honorable Judith Mason,
  
  We waive any further discovery hearings and have no objections to the latest motion for discovery, although we will note that it's not a good precedent to bring further evidence that is easily obtainable, this late into the appeal. The evidence locker logs and photographs should have been presented as part of initial discovery.
  
  We are ready to proceed to trial.
  
  Respectfully,
  
  
  Chief Public Defender
  San Andreas Judicial Branch - Command
  5356160 — [email protected]

[Judith Mason]

San Andreas Judicial Branch Re: #22-CM-0061, State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Parties,
  
  With no objections to the newest Motion for Discovery, the motion is granted and this case is now pending trial.
  
  Please use this scheduling tool to mark your availability for this proceeding.
  
  Respectfully,
  
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 257-9183 — [email protected]

[Judith Mason]

San Andreas Judicial Branch Re: #22-CM-0061, State of San Andreas v. Naomi Mizuno "HERE FOR YOU | SAFE FOR YOU"

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• Parties,
  
  Based on the responses to the scheduling tool, I will be setting trial for this case to occur on Monday, December 5th, at 9:30pm (( UTC )).
  
  Respectfully,
  
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 257-9183 — [email protected]

[Judith Mason]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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ISSUANCE OF VERDICT

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Naomi Mizuno
#22-CM-0061

A decision was reached in the above case on the 6th day of December, 2022.

In this case, we have a situation in which the time that the charges were placed was not the exact same time as when the defendant served her sentence. As a result, there are a few different situations that are needing to be kept track of. First, we have the alleged incident, as detailed in Officer Shaw’s statement, of an evasion from law enforcement officers, in which Officer Shaw alleges Ms. Mizuno failed to pull over for a traffic stop, eventually crashing, and then allegedly drawing an illegal firearm before she was injured and taken to the Department of Corrections.

From there, there is an allegation of Ms. Mizuno escaping custody, later to be found at Los Santos Customs by a joint operation of the Police Department’s METRO Swat and Sheriff’s Department’s Detention and Parole Bureau.

The court has found there to be sufficient evidence of the felony evasion charge as alleged by Officer Shaw and the resulting firearms charges that were placed after a weapon was seized during that arrest. While it is concerning that an initial arrest report was not created for this initial incident, the evidence locker logs, which are timestamped to the same evening at about the same time, show that the firearm and modification seized was an illegal Heavy Pistol and a suppressor. While this chain of custody of these items has been called into question, this has not risen to the level of reasonable doubt that Ms. Mizuno was in possession of these items.

When it comes to the Prison Break charge, I have found there to be insufficient evidence presented to meet the prosecution’s burden of proving the crime beyond a reasonable doubt.

As for the Perjury charge, I have determined that Ms. Mizuno’s comments of being falsely charged and mishandled by the police department are that of an opinion and viewpoint which does not rise to the level of criminal perjury. The court views these statements as not necessarily factual but opinion based and thus did not have the potential of affecting the outcome of this trial.


It is with the above considerations that I issue the following verdict:

• On the count of GF21 - Prison Break, I find the defendant, Naomi Mizuno, not guilty.
• On the count of VF01 - Evading an Officer, I find the defendant, Naomi Mizuno, guilty.
• On the count of WM01 - Unlawful Brandishing of a Firearm or Weapon, I find the defendant, Naomi Mizuno, guilty.
• On the count of WF03 - Possession of Illegal Firearms - Weapons, I find the defendant, Naomi Mizuno, guilty.
• On the count of WM03 - Possession of Weapon Modifications, I find the defendant, Naomi Mizuno, guilty.
• On the count of GF24 - Perjury, I find the defendant, Naomi Mizuno, not guilty.

Associate Justice
San Andreas Judicial Branch
(909) 257-9183 — [email protected]