#22-CM-0065, State of San Andreas v. Harley Pavlovich

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Roderick Marchisio
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Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich
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  • Honorable Daniels,

    In relation to the Motion to Compel Discovery as filed by the Defense, the Prosecution would like to note the following.

    Firstly, in relation to the documentation or investigative reports detailing damage to vehicles and/or the roadways involved in the scenario, the Prosecution notes that this request has been submitted by the Defense on December 16, 2022 while the original incident occurred at August 2, 2022 with the case being activated on October 17, 2022 and the Defense actively filing motions at that point. Further, the Prosecution points out that evidence exhibit #2 contains a visual exhibit of the actions occurred by the Defendant as well as the damages caused by these actions. As such, the Prosecution invokes the principles of proportionality and subsidiarity and can only conclude this part of the Motion to Compel Discovery should be denied.

    Secondly, in relation to the professional health analyzes done to all related parties caused by this event, the Prosecution again notes that evidence exhibit #2 contains a visual exhibit of the actions occurred by the Defendant as well as the damages caused by these actions. Further, for the charges the Prosecution is prosecuting the Defendant (i.e. WF01 - WF01 - Assault with a Deadly Weapon of a Government Employee) no professional health has ever and will ever be required in court. As such, the Prosecution invokes the principles of proportionality and subsidiarity and can only conclude this part of the Motion to Compel Discovery should be denied.

Respectfully,

Deputy Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]
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Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich

Post by Roderick Marchisio »

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San Andreas Judicial Branch

Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich
"HERE FOR YOU | SAFE FOR YOU"

  • Your Honor,

    To further add onto the accusation as made by Private Attorney Law, the Prosecution has also received a separate, private email from the same law firm that the current Private Attorney is representing, in which the Prosecution is accused of stacking charges as well as having a practice of trying to "stick it" to anyone appealing.

    Please find attached:
    Email sent by Pavel Perrault
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Respectfully,

Deputy Attorney General
Director of Public Notary
San Andreas Judicial Branch
(909) 372-7719 — [email protected]
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Dmitri Leroy
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Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich

Post by Dmitri Leroy »

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Rockford Law

#22-CM-0065 State of San Andreas v. Harley Pavlovich


Honorable Daniels,

The defense will make final counter arguments in relations to the motions put forward then await the courts resolution.


Motion to Suppress:
Roderick Marchisio wrote: Sat Jan 14, 2023 7:32 pm the Prosecution would like to point out to the Court that the Defense is claiming on the docket that we have tampered with evidence as per GF16 - Tampering with Evidence, which is an outrageous and baseless accusation with the sole intention of putting the Prosecution in a bad light and would like to ask the court to formally take note of this.
The defense is simply requesting an unaltered video to be presented to ensure the split second nature of events are represented appropriately. We have been very clear and distinct that the video summited originated from the Los Santos County Sheriff's Department. Under no circumstances was the prosecution put in bad light as they claim, nor did we reference the prosecution as the same entity as the Sheriffs department such as they did above.

Motions to Compel Discovery:
Roderick Marchisio wrote: Sat Jan 14, 2023 7:50 pm In relation to the documentation or investigative reports detailing damage to vehicles and/or the roadways involved in the scenario, the Prosecution notes that this request has been submitted by the Defense on December 16, 2022 while the original incident occurred at August 2, 2022.
The Los Santos County Sheriff's Department is responsible for maintaining the evidence collected. The original case was filed the same day of the incident. Mishandling of evidence should not be grounds for denying a discovery regardless of how long the due process of the law takes. It is not unreasonable to expect a law enforcement agency to maintain documents pertaining to a criminal trial.
Roderick Marchisio wrote: Sat Jan 14, 2023 7:50 pm Further, the Prosecution points out that evidence exhibit #2 contains a visual exhibit of the actions occurred by the Defendant as well as the damages caused by these actions.
We are requesting evidence of an investigation and Exhibit #2 is not evidence of investigation. The prosecution directly claims our client committed perjury when they stated there was no investigation done. It would stand to reason the prosecution could present evidence, any evidence, of a proper investigation after pursuing these additional charges against or client.

Rockford Law looks forward to the resolutions of these motions and the continuing of this case.

Sincerely,
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Colt Daniels
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Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

COURT DECISION


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Harley Pavlovich
#22-CM-0065

A decision was reached in the above case on the 17th day of January, 2023.


I thank you all for your continued patience in this case.

First I will be addressing the Motion to Suppress filed by Rockford Law on December 16th. I will be granting this motion in part. I will be suppressing the footage portion starting at 14 seconds and ending at 31 seconds. This removed the altered section of the footage and keep the section starting at 0 seconds and ending at 14 seconds which shows the unaltered events that took place which lead to the arrest of the defendant.

Second, I will be addressing the Motion to Compel Discovery filed by Rockford Law on December 16th. I will be denying this motion in full. The first part requests all professional documentation or investigative reports detailing damage to vehicles and/or the roadways involved in the scenario. It is the courts belief that these reports or lack thereof hold no bearing on the case and that the footage shows the condition of the vehicle and movement of the vehicle during the situation which will either support of contest the defendants statements.

The second part of this motion requests a professional health analyzes done to all related parties caused by the event. I want to make clear what the charge WF01 - Assault with a Deadly Weapon of a Gov. Employee means. The first portion of GM01 - Assault reads The threat of bodily harm with the intention of attainment which therefore makes WF01 - Assault with a Deadly Weapon of a Gov. Employee mean The threat of bodily harm with the intention of attainment to another person with a so-called "deadly weapon" which could include a gun, melee weapon, or a vehicle against an on-duty peace officer, paramedic, firefighter, or correctional officer. This means that bodily harm does not need to be done for this charge to be applicable in this case, only the threat of bodily harm with the intention of attainment.

At this time no further motions are to be filed on this case. I will follow this decision with correspondence regarding the next stage of this case.



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San Andreas Judicial Branch
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Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch
Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich

"EQUAL JUSTICE UNDER LAW"

  • Counselors,

    At this time I move to hear this case at trial. Please find the scheduling tool attached and provide your availability for the time and dates provided. Once done I will announce the time and date this trial will take place. Thank you.

    Respectfully,

    Chief Justice
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]
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Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF TRIAL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Harley Pavlovich
#22-CM-0065

A trial date was set on the above case on the 17th of January, 2023.


In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 7:30 PM on the 22nd of January, 2023 at Rockford Hills City Hall, Carcer Way, Metro Los Santos, SA.

Both parties are ordered to be present in the Judges Chambers no later than 15 minutes prior to the above listed date for pretrial arrangements. If complications occur that must result in a delay or cancelation of the trial, you are ordered to inform the court no later than 12 hours prior to the above listed date.



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San Andreas Judicial Branch
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Re: #22-CM-0065, State of San Andreas v. Harley Pavlovich

Post by Colt Daniels »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

ISSUANCE OF VERDICT


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Harley Pavlovich
#22-CM-0065

A decision was reached in the above case on the 22nd day of January, 2023.


A verdict was reached following a trial that look place on the above listed day. The court believes that Ms. Pavlovich used her vehicle on the day in question in an attempt to assist the evading suspect from escaping the police. This is supported by the defendant waiting until the fleeing suspect passed to fully accelerate blocking off the police officers giving chase as shown in the prosecutions Exhibit #2.

The court also believes that due to Ms. Pavlovich blocking off the officers giving chase she threated bodily harm as they were driving at extremely high rates of speed throughout the course of the chase. Due to this the charge of Assault with a Deadly Weapon of a Gov. Employee applied correctly in this case.

Lastly, the defendant put in her statement when filing the case that she didn't know the fleeing suspect and has no connection to him. However this was discovered to be incorrect by the evidence submitted under seal. This evidence showed that Ms. Pavlovich was intentionally trying the deceive the court by knowingly providing these false statement.

It is with the above considerations that I issue the following verdict:
  • On the count of VF01 - Accessory to Evading an Officer, I find the defendant, Harley Pavlovich, guilty.
  • On the count of WF01 - Assault with a Deadly Weapon of a Gov. Employee, I find the defendant, Harley Pavlovich, guilty.
  • On the count of GF24 - Perjury, I find the defendant, Harley Pavlovich, guilty.




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San Andreas Judicial Branch
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