#24-CM-0060, State of San Andreas v. Phil Russo

Phil Russo
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#24-CM-0060, State of San Andreas v. Phil Russo

Post by Phil Russo »

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Defendant Name: Phil Russo
Defendant Phone: 525-3245
Defendant Address: No
(( Defendant Discord: xxtheirishguyxx ))
Requested Attorney: The best
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Charging Department: LOS SANTOS COUNTY SHERIFF'S DEPARTMENT
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Date & Time of Incident(s): 10/FEB/2024 23:52
Charge(s):
  • Attempted GF15 - Burglary of a Gov. Employee.
Narrative:
On February 10th, I was arrested and wrongfully charged. I am exercising my 5th amendment right and want to speak to a lawyer.


I, Phil Russo, 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. ))
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Judith Mason
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Re: State of San Andreas v. Phil Russo

Post by Judith Mason »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF RECEIPT


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo

The court has hereby received and acknowledged the above case on the 11th day of February, 2024.


The Superior Court of San Andreas has received your filing and the case is now pending activation. Be advised that the court system runs on a first-come, first-served basis and will only activate cases out of order for special circumstances.

During this time, the defendant is encouraged to reach out to a licensed defense attorney in order to prepare a proper defense, otherwise, a court-appointed attorney will be assigned to the case upon its activation.

The defendant is further encouraged to speak with an authorized individual at Rockford Hills City Hall, Mission Row Police Station, or Paleto Bay Sheriff's Office for official clarification on the specific charges received and their respective date and times, as once the case has been activated, any omitted charges will be considered abandoned and unable to be disputed within this case.


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San Andreas Judicial Branch
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Re: State of San Andreas v. Phil Russo

Post by Izaak Scott »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo


A Notification of Counsel was filed in the above case on the 31/AUG/2024


I, Izaak Scott, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the defendant, Phil Russo in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


Chief Public Defender
San Andreas Judicial Branch
(909) 411-2330 — [email protected]
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Nea Lee
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Re: State of San Andreas v. Phil Russo

Post by Nea Lee »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL

IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo


A Notification of Counsel was filed in the above case on the 01/SEP/2024


I,Nea Lee, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the defendant, Phil Russo in the underlying case.

I will be taking the responsibility of Co-Counsel and will await further instruction from the Presiding Judge.

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Junior Public Defense Attorney
San Andreas Judicial Branch
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Antonio McFornell »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF ACTIVATION


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo
#24-CM-0060

A Notice of Activation was entered in the above case on the 3rd of September, 2024.


The case of the State of San Andreas v. Phil Russo is hereby activated by this Court under #24-CM-0060.

At this time the Defendant has adequate representation, however, a State Prosecutor has not been assigned to this case. At this time the court will delay the Order for Discovery until adequate representation has been assigned and they inform the court they are ready to proceed.

In accordance with guidelines set forth by the Supreme Court of San Andreas, this case shall require an in-person trial. Once all pretrial matters have been resolved, a Notice of Scheduling will be issued to arrange an appropriate time for trial.

So ordered,
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Associate Justice
Supreme Court of San Andreas
San Andreas Judicial Branch
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Michael Blaise »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo

A Notification of Counsel was filed in the above case on 03/SEP/2024.


I, Michael Blaise, Prosecuting Attorney of the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.

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Prosecuting Attorney
San Andreas Judicial Branch
(909) 552-8150 — [email protected]
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Carlton Ellery
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Carlton Ellery »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo

A Notification of Counsel was filed in the above case on 03/SEP/2024.


I, Carlton Ellery, Prosecuting Attorney of the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Co-Counsel and will await further instruction from the Presiding Judge.


Junior Prosecuting Attorney
San Andreas Judicial Branch
(909) 593-3137 — [email protected]
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Carlton Ellery
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Antonio McFornell »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

ORDER FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo
#24-CM-0060

A court order was entered in the above case on the 3rd of September, 2024.


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.

So ordered,
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Associate Justice
Supreme Court of San Andreas
San Andreas Judicial Branch
(909) 553-8869 — [email protected]
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Antonio José McFornell
Retired Supreme Court Justice
Retired Director of the San Andreas Bar Association
Retired Chairman of the Bar Ethics Review Board

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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Michael Blaise »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo
#24-CM-0060

A Motion for Discovery was filed in the above case on the 3rd of September, 2024.


The State of San Andreas, by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;


  • Exhibit #1: Arrest Report - Phil Russo, 10/FEB/2024
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    Los Santos Police Department

    ARREST REPORT
    "TO PROTECT AND TO SERVE"


    MUGSHOT
    • SUSPECT DETAILS
      • Full Name: Phil Russo
        Phone Number: 5253245
        Licenses Suspended: No
        Officers Involved:
        • Police Officer I Murphy Azalea
        • Police Captain III Jaxon Nash
        • Police Captain III Jessica Nash
        Charges:
        • Attempted GF15 - Burglary of a Gov. Employee
      INCIDENT NARRATIVE
      • Incident Date: 10/FEB/2024

        Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
        • Captain Jessica and Jaxon Nash and Officer Azalea responded to a 911 call about a DOC vehicle being lockpicked outside clappers. Upon arrival off duty deputy James Valor had the suspect under gunpoint as he had witnessed the crimes he placed the charges. Captain Jessica Nash cuffed the suspect read him his rights and searched them where lockpicks were found. The suspect was then transported to MRPD where officer Azalea processed the suspect.
      EVIDENCE DETAILS
      • Document the possessions confiscated from the arrested suspect.
        Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.

        Where possible, the serial number of each firearm seized as evidence should be noted.
        • Illegal Possessions:
          Exhibit A: Lockpicks


          Legal Possessions:
          Exhibit A: screwdriver
          Exhibit B: knife
          Exhibit C: gloves
          Exhibit D: tie
          Exhibit E: bag
          Exhibit F: hat
          Exhibit G: glasses
          Exhibit H: radio
          Exhibit I: mask
          Exhibit J: battery

          Photograph of Possessions (MANDATORY)
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  • Exhibit #2: Witness Statement - Deputy Sheriff James Valor
    James Valor wrote: 16 Feb 2024, 14:13 Image

    San Andreas Judicial Branch
    Official Witness Statement
    "HERE FOR YOU | SAFE FOR YOU"
    Case Information
    • Case Number: [UNASSIGNED]
      Incident Date: [10/FEB/2024]
    Witness Information
    • Name: [James Valor]
      Date of Birth: [13/APR/2000]
      Phone Number: [227-5122]
      Occupation: [Deputy Sheriff, Los Santos Sheriff's Department]
    Witness Statement
    • [On February 10th, while off duty working a security job for a restaurant by the name of "Clappers", I watched Mr. Russo circle the block 3 times in a purple car, when I realized what his likely intentions were, I began to watch him more closely. While I was sitting in front of the door to the restaurant I heard him exit his vehicle and I peered around the corner to see him lockpicking a Department of Corrections vehicle. I approached him and detained him, while asking on my radio for someone to contact the police, when LSPD officers arrived, I explained to them the situation and said that I would go apply the charge. I intended to make the arrest report myself but Officer Azalea had already done so.]

      Arrest Report: Click Here
    Witness Affirmation
    • I, [James Valor], affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

      Signed,

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      [James Valor]
      [Deputy Sheriff]
      [Los Santos County Sheriff's Department]

      Date: [16/FEB/2024]
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  • Exhibit #3: Witness Statement - Police Officer II Murphy Azalea
    Murphy Azalea wrote: 26 Feb 2024, 21:33 Image

    San Andreas Judicial Branch
    Official Witness Statement
    "HERE FOR YOU | SAFE FOR YOU"
    Case Information
    • Incident Date: 10/02/2024 UTC
    Witness Information
    • Name: Murphy Azalea
      Date of Birth: 16/JAN/1997
      Phone Number: 375-6636
      Occupation: Police Officer II, Los Santos Police Department
    Witness Statement
    • I remember responding to this it was a DOC scout outside the clappers bar. When myself and the captains arrived the suspect was being held at gun point by an off duty deputy James Valor. Captain Jessica Nash detained the suspect read him his rights and searched him whilst the off duty deputy when to clock on to place the charges as he was the first hand witness to the crime and the one who had him detained until officers arrived.
    Witness Affirmation
    • I, Murphy Azalea, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

      Signed,

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      Murphy Azalea
      Police Officer II
      Los Santos Police Department

      Date: 26/FEB/2024
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  • Exhibit #4: Witness Statement - Police Captain III Jaxon Nash
    Jaxon Nash wrote: 28 Feb 2024, 19:44 Image

    San Andreas Judicial Branch
    Official Witness Statement
    "HERE FOR YOU | SAFE FOR YOU"
    Case Information
    • Incident Date: 10/02/2024 UTC
    Witness Information
    • Name: Jaxon Nash
      Date of Birth: 31/AUG/1989
      Phone Number: Redacted
      Occupation: Police Captain III, Los Santos Police Department
    Witness Statement
    • On the day in question my unit responded to a call about someone attempting to picklock vehicles at the restaurant Clappers. Upon arrival an off duty Sheriffs Deputy James Valor had a male later identified as Phil Russo under gun point claiming he was attempting to picklock a DOC scout that was present at the scene.

      Mr. Russo was taken into custody by Captain Jessica Nash, he was found in possession of lockpicks and a screw driver among other items.
    Witness Affirmation
    • I, Jaxon Nash, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

      Signed,

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      Police Captain III Jaxon Nash
      Los Santos Police Department
      [/b]
      Date: 28/FEB/2024
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  • Exhibit #5: Witness Statement - Police Captain III Jessica Nash
    Jessica Nash wrote: 28 Feb 2024, 18:42 Image

    San Andreas Judicial Branch
    Official Witness Statement
    "HERE FOR YOU | SAFE FOR YOU"
    Case Information
    • Incident Date: 10/02/2024 UTC
    Witness Information
    • Name: Jessica Nash
      Date of Birth: REDACTED
      Phone Number: REDACTED
      Occupation: Captain III, Los Santos Police Department
    Witness Statement
    • A 911 call came in from James Valor stating they needed a marked unit as they had a citizen under arrest for attempted Grand Theft Auto. Captain Jessica Nash and Officer Murphy Azalea arrived to find Off-duty Deputy James Valor, detaining Phil Russo. James explained they had found him lockpicking the car, and that he would head straight to the sheriffs department to place the charge. He did so and we transported Phil to the precinct to start his sentence.
    Witness Affirmation
    • I, Jessica Nash, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

      Signed,

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      Captain III Jessica Nash,
      Los Santos Police Department
      [/b]
      Date: 28/FEB/2024
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  • Exhibit #6: Expert Witness Statement - Police Detective II Dale Ashcroft
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    San Andreas Judicial Branch
    Official Witness Statement
    "HERE FOR YOU | SAFE FOR YOU"
    Case Information
    • Incident Date: 02/MAR/2024
    Witness Information
    • Name: [Dale Ashcroft]
      Date of Birth: [07/JAN/1984]
      Phone Number: [571-4653]
      Occupation: [Detective-in-Charge LSPD VICE unit.]
    Witness Statement
    • I have nearly 4 years of service in the LSPD; in this time, I have arrested and cataloged the belongings of hundreds of suspects from violations spanning most of the penal code. I spent the better part of 6 months in the LSPD Robbery and Homicide Unit before being appointed as Detective-in-Charge of the VICE unit.


      My experience in the LSPD and Detective Bureau shows that a screwdriver is a staple of a criminal toolkit. In nearly every single case of vehicle theft in our city in the last year and a half, A screwdriver was the tool used to start the vehicle. Criminals are very open about the fact that a screwdriver is of greater value than a hotwiring kit, due to the hotwiring kit's high cost, and conspicuous nature.
    Witness Affirmation
    • I, Dale Ashcroft, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

      Signed,

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      [Dale Ashcroft]
      [Detective-in-Charge]
      [LSPD,VICE]

      Date: [15/MAR/2024]
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Prosecuting Attorney
San Andreas Judicial Branch
(909) 552-8150 — [email protected]
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Last edited by Michael Blaise on 10 Dec 2024, 01:04, edited 1 time in total.
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Michael Blaise »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION TO AMEND


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo
#24-CM-0060

A Motion to Amend was filed in the above case on the 3rd of September, 2024.


The State of San Andreas, by and through the undersigned attorney, filed this Motion to Amend, the original charges with the underlined amended charges.


  • Original Charges
    • GF15 - Attempted Burglary of a Gov. Employee.

  • Amended Charges
    • GF11 - Attempted Grand Theft Auto of a Government Employee

  • Detailed Explanation: The Prosecution is filing this Motion to Amend due to multiple pieces of evidence. As described in the witness statements, it is clear that through their actions, the defendant was circling the area while targeting a specific vehicle for their crime. Furthermore, when arrested, the defendant was found with multiple lockpicks in their possession as well as a screwdriver, items that are known to be commonly used by criminals when breaking into, hotwiring, and stealing vehicles. The Prosecution believes this, in addition to the defendant's recent record of multiple vehicle thefts, proves beyond a doubt the defendant's real intent to not just break into, but also steal the vehicle in question.




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Prosecuting Attorney
San Andreas Judicial Branch
(909) 552-8150 — [email protected]
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Nea Lee »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION TO SUPPRESS


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo
#24-CM-0060

A Motion to Suppress was filed in the above case on the 4th of September, 2024.


The Defendant, Phil Russo, by and through the undersigned attorney, filed this Motion to Suppress, and requests to following be suppressed from evidence;

  • Exhibit #: Exhibit #3: Witness Statement - Police Officer II Murphy Azalea
    Requested Evidence to Suppress:
    The entire exhibit.
    • Detailed Reasoning: Relevance & Personal Knowledge.

      These are the primary types of witnesses typically involved in a criminal trial, each one serves a specific role in presenting evidence and establishing the facts of the case;

      • Fact/Eyewitness:
      • Expert Witness:
      • Character Witness:

      Officer Azalea lacks firsthand knowledge of the events relevant to this case, as he did not personally witness the alleged crime or experience any of the key moments himself. Therefore, he cannot provide testimony based on direct observations .Officer Azalea is not providing his opinion or analysis to help the judge or justice understand complex issues, therefore he is not an expert witness. Officer Azalea is not qualified nor is testifying about the character of the defendant or another individual involved in the case.

      Therefore his testimony is not valid and should be suppressed.


  • Exhibit #: Exhibit #3: Witness Statement - Police Captain III Jaxon Nash
    Requested Evidence to Suppress:
    The entire exhibit.
    • Detailed Reasoning: Relevance & Personal Knowledge.

      Same reasons as the above.

  • Exhibit #: Exhibit #4: Witness Statement - Police Captain III Jessica Nash
    Requested Evidence to Suppress:
    The entire exhibit.
    • Detailed Reasoning: Relevance & Personal Knowledge.

      Same reasons as the above.

  • Exhibit #: Exhibit #5: Expert Witness Statement - Police Detective II Dale Ashcroft
    Requested Evidence to Suppress:
    The entire exhibit.
    • Detailed Reasoning: More Prejudicial then Probative.

      This expert witness statement should be suppressed on the grounds that it’s more prejudicial than probative. Detective Ashcroft’s assertion that a screwdriver is a 'staple of a criminal toolkit' unfairly biases the court against the defendant by implying guilt through association with a common object.

      Following this logic, one could just as easily create an expert statement claiming that shoes are frequently worn during the commission of crimes but that doesn’t mean every person wearing shoes is guilty. The statement offers little in explaining actual facts about what a screwdriver does and how often it isn't used for crime.

      The statement WAY overgeneralizes the use of screwdrivers in crimes, leading to an unfair presumption that anyone with access to such a tool could be involved in criminal activity. This broad assumption risks confusing correlation with causation and dilutes the focus from the specific evidence against the defendant and has a higher likelihood of unfairly influencing the judge.

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Junior Public Defense Attorney
San Andreas Judicial Branch
(909) 574-5130 — [email protected]

Chief Public Defender
San Andreas Judicial Branch
(909) 411-2330 — [email protected]
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Michael Blaise »

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San Andreas Judicial Branch

Docket Notice
"HERE FOR YOU | SAFE FOR YOU"

  • Honorable Justice McFornell and pertaining parties,

    The prosecution would like to address the defense's motion to suppress:

    I. Witness Statement of Police Officer II Murphy Azalea (Exhibit #3): The defense argues that Officer Azalea’s testimony should be suppressed due to a lack of firsthand knowledge. However, Officer Azalea's involvement in the case is directly relevant to the procedural aspects of the arrest and processing of the Defendant. Officer Azalea’s statement corroborates the chain of custody of the defendant and the evidence, which is critical in establishing the legitimacy of the arrest and the integrity of the evidence.

    Officer Azalea's testimony is not being presented as an eyewitness account of the crime itself but rather as a documentation of the events following the defendant’s detention by Deputy Valor. His statement provides context and supports the credibility of the arrest procedure, making it relevant to the case. The argument that Officer Azalea lacks firsthand knowledge does not diminish the relevance of his involvement in the Defendant's processing.

    II. Witness Statement of Police Captain III Jaxon Nash (Exhibit #4): Similarly, the defense seeks to suppress Captain Jaxon Nash's testimony on the grounds of relevance and lack of personal knowledge. Captain Nash's statement, however, is relevant to the case as it provides additional context to the circumstances surrounding the defendant's arrest. Captain Nash's involvement in the incident is directly related to the actions taken at the scene, including the confirmation of the defendant’s possession of lockpicks and a screwdriver.

    The testimony of Captain Nash corroborates the events as described by Deputy Valor and Officer Azalea. While Captain Nash may not have directly witnessed the defendant committing the crime, his statement regarding the defendant's possession of tools used in the commission of the crime is relevant to establishing the defendant’s intent and actions.

    III. Witness Statement of Police Captain III Jessica Nash (Exhibit #5): The defense's argument against Captain Jessica Nash’s testimony is identical to the arguments against Captain Jaxon Nash and Officer Azalea. Captain Jessica Nash’s statement is equally relevant, as it outlines the actions taken to secure and process the defendant after his detention by Deputy Valor. Her involvement in transporting the defendant following his arrest is crucial to outlining the events following the arrest itself.

    The suppression of Captain Jessica Nash’s testimony would undermine the ability to understand the sequence of events following the defendant's detention, which is necessary to establish the context in which the defendant was apprehended and the evidence was collected.

    IV. Expert Witness Statement of Police Detective II Dale Ashcroft (Exhibit #6): The defense asserts that Detective Ashcroft’s expert witness statement is more prejudicial than probative, arguing that it unfairly biases the court against the Defendant by generalizing the use of screwdrivers in criminal activity. However, Detective Ashcroft’s testimony provides expert analysis based on his extensive experience in law enforcement, particularly in cases involving vehicle theft.

    Detective Ashcroft’s expert opinion is relevant in helping the court understand the significance of the Defendant's possession of a screwdriver in the context of the crime committed. The testimony is not an overgeneralization but rather an expert observation based on patterns and trends observed by the detective in numerous cases throughout his career. The comparison to the possession of shoes is not fully accurate, as the possession of a screwdriver, particularly when combined with other tools like lockpicks, is directly related to the specific criminal activity the defendant is charged with.

    The probative value of Detective Ashcroft’s testimony outweighs any potential prejudicial effect, as it assists the court in understanding the tools typically used in vehicle thefts and the likelihood that the defendant was engaged in such criminal activity.



    Given the above, the prosecution respectfully requests that the court deny the defense's Motion to Suppress and allow all the exhibits in question to be admitted into evidence.



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    Prosecuting Attorney
    San Andreas Judicial Branch
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Antonio McFornell »

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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. Phil Russo
#24-CM-0060

A decision was reached in the above case on the 1st of October, 2024.


The Court believes the arguments and counter-arguments presented are clear enough on the docket, and htus, will proceed with presenting the considerations for the decision in whole.

The Court holds that the defense errs when they affirm that Detective Azalea's witness statement did not provide firsthand statements regarding the events in question. To the Court, it is clear that the description of events contained within the statement constitute first hand experiences in a specific timeframe, albeit not the narrative of the events proposed by the Prosecution in whole. The same appreciation can be made in regards to the witness statement provided by Captain Jaxon Nash and Captain Jessica Nash. With these considerations in mind, the Court can't decide other than to deny the Motion to Suppress Presented in this regard.

In regards to the expert witness statement, the defense argues that it is very prejudicial, particularly because the expert witness provides an "unfairly biased (...)" implication of guilt through association with a common object. To this, the prosecution has opposed arguing that the expert opinion is relevant in helping the court understand the significance of the defendant's posession of a screwdriver, specially since it "assists the court in understanding the tools typically used in vehicle thefts". The Court has to agree with the defense, given that the expert witness statement provided contains serious flaws that disallow the Court from allowing it to remain on the docket. Initially, the statement appears to contain broad generalizations that do not stem from the particular case at hand. Furthermore, the statement does not provide context for how the information provided within it is of particular relevance to the case at hand, or why the witness is testifying. In general, the Court believes that a circular argumentative chain is utilized in order to provide an openly prejudicial statement, and thus, will grant the Motion to Suppress in regards to Exhibit #5.

As for the Motion to Amend presented, the Court believes that it is within reason and prosecutorial discretion, and will allow it. However, and as it has been ruled in previous cases, the merits of the Charge will have to be proven and held during trial proceedings.

So ordered,
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Associate Justice
Supreme Court of San Andreas
San Andreas Judicial Branch
(909) 553-8869 — [email protected][/list]
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Antonio José McFornell
Retired Supreme Court Justice
Retired Director of the San Andreas Bar Association
Retired Chairman of the Bar Ethics Review Board

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Michael Blaise
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Re: #24-CM-0060, State of San Andreas v. Phil Russo

Post by Michael Blaise »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION TO STAY PENDING APPEAL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Phil Russo
#24-CM-0060

A Motion to Stay Pending Appeal was filed in the above case on the 2nd of October, 2024.


The State of San Andreas, by and through the undersigned attorney, filed this Motion to Stay Pending Appeal, and the reasoning for request is as follows;


  • Reasoning: The Prosecution in this case has initiated an appeal within the San Andreas Court of Appeals following the latest Court Decision.



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Senior Prosecuting Attorney
San Andreas Judicial Branch
(909) 552-8150 — [email protected]

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    Clara Lopez
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Clara Lopez »

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    San Andreas Judicial Branch

    Superior Court of San Andreas
    "EQUAL JUSTICE UNDER LAW"

    NOTIFICATION OF COUNSEL

    IN THE SUPERIOR COURT OF SAN ANDREAS

    State of San Andreas v. Phil Russo


    A Notification of Counsel was filed in the above case on the 08/NOV/2024


    I, Clara Lopez, a Public Defender with the San Andreas Judicial Branch, will be representing the defendant, Phil Russo in the underlying case.

    I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.


    Public Defender
    San Andreas Judicial Branch
    (909) 495-1265 — [email protected]
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    Michael Blaise
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Michael Blaise »

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    San Andreas Judicial Branch

    Docket Notice
    "HERE FOR YOU | SAFE FOR YOU"

    • Honorable Justice McFornell and pertaining parties,

      The Prosecution would like to inform the court that the appeal has been concluded. As such, we are ready to move forward and will await further instruction from the Presiding Judge.


      Respectfully,

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      Senior Prosecutor
      San Andreas Judicial Branch
      (909) 552-8150 — [email protected]
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    Michael Blaise
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Michael Blaise »

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    San Andreas Judicial Branch

    Docket Notice
    "HERE FOR YOU | SAFE FOR YOU"

    • Honorable Justice McFornell and pertaining parties,

      I would like to respectfully bring to your attention that the appeal related to this case was concluded 21 days ago. Additionally, I informed the court of this development 13 days ago. I kindly request confirmation on whether this case will proceed at this time, as the prosecution remains fully prepared.


      Respectfully,

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      Lead Prosecutor
      San Andreas Judicial Branch
      (909) 552-8150 — [email protected]
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    Michael Blaise
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Michael Blaise »

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    San Andreas Judicial Branch

    Superior Court of San Andreas
    "EQUAL JUSTICE UNDER LAW"

    MOTION FOR DISCOVERY


    IN THE SUPERIOR COURT OF SAN ANDREAS

    State of San Andreas v. Phil Russo
    #24-CM-0060

    A Motion for Discovery was filed in the above case on the 9th of December, 2024.


    The State of San Andreas, by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;


    • Exhibit #7: MDC Printout of Defendant's History with Grand Theft Auto
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      Lead Prosecutor
      San Andreas Judicial Branch
      (909) 552-8150 — [email protected]
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    Maximilian Fitzgerald
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Maximilian Fitzgerald »

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    San Andreas Judicial Branch
    Superior Court of San Andreas

    "EQUAL JUSTICE UNDER LAW"

    NOTICE OF JUDICIAL REASSIGNMENT


    IN THE SUPERIOR COURT OF SAN ANDREAS

    State of San Andreas v. Phil Russo


    Due to the resignation of the previous Judge, I will be dealing with this case moving forward. Please allow 7 days from this post for me to familiarize myself with the case and proceed.

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    Superior Court Judge
    San Andreas Judicial Branch
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    [email protected]
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    Maximilian Fitzgerald
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Maximilian Fitzgerald »

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    San Andreas Judicial Branch

    Superior Court of San Andreas
    "EQUAL JUSTICE UNDER LAW"



    NOTICE OF SCHEDULING


    IN THE SUPERIOR COURT OF SAN ANDREAS

    State of San Andreas v. Phil Russo
    #24-CM-0060

    An attempt to schedule was made and recorded by the court on 14th of December, 2024.


    All parties in this case are encouraged to complete the following Scheduling Tool in an attempt to schedule a trial on the above case. When the scheduling tool has been completed by either party, please post on the docket stating as such.

    In the event all parties have overlapping availability the Presiding Judge will determine the best date and time to have a trial take place and post a Notice of Trial informing all of the upcoming proceeding.

    In the event some or all parties do not have overlapping availability, the Presiding Judge will continue to attempt to schedule the proceeding or seek alternative avenues to conclude the case.

    If either party has the intentions of calling a witness to the stand during the proceeding they must inform the court by filing a Witness List at the time of filing their availability. If no Witness List is filed before the Notice of Trial is filed you will be unable to call a witness during the proceeding.


    Respectfully,

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    Superior Court Judge
    San Andreas Judicial Branch
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    [email protected]
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    Michael Blaise
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Michael Blaise »

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    San Andreas Judicial Branch

    Docket Notice
    "HERE FOR YOU | SAFE FOR YOU"

    • Your Honor,

      The Prosecution has filed its availability.

      Regards,

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      Lead Prosecutor
      San Andreas Judicial Branch
      (909) 552-8150 — [email protected]
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    Phil Russo
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Phil Russo »

    Hello,

    Due to my two previous defense lawyers resigning, I will be self-representing myself. I have filed my availability.

    Thank you,
    Maximilian Fitzgerald
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Maximilian Fitzgerald »

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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. Phil Russo
    #24-CM-0060

    A trial date was set on the above case on 20th of December, 2024.


    In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 19:00 PM on Saturday 4th of January, 2025 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 cancellation of the trial, you are ordered to inform the court no later than 12 hours prior to the above listed date.


    So ordered,

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    Superior Court Judge
    San Andreas Judicial Branch
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    [email protected]
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    Maximilian Fitzgerald
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Maximilian Fitzgerald »

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    San Andreas Judicial Branch

    Superior Court of San Andreas
    "EQUAL JUSTICE UNDER LAW"



    NOTICE OF SCHEDULING


    IN THE SUPERIOR COURT OF SAN ANDREAS

    State of San Andreas v. Phil Russo
    #24-CM-0060

    Mr. Russo, due to you not showing up at the previously scheduled case, I will be attempting to schedule a second trial. Be advised if you do not show up to the next scheduled date you may receive a contempt of court charge and the trial may be held in absentia.


    All parties in this case are encouraged to complete the following Scheduling Tool in an attempt to schedule a trial on the above case. When the scheduling tool has been completed by either party, please post on the docket stating as such.

    In the event all parties have overlapping availability the Presiding Judge will determine the best date and time to have a trial take place and post a Notice of Trial informing all of the upcoming proceeding.

    In the event some or all parties do not have overlapping availability, the Presiding Judge will continue to attempt to schedule the proceeding or seek alternative avenues to conclude the case.

    If either party has the intentions of calling a witness to the stand during the proceeding they must inform the court by filing a Witness List at the time of filing their availability. If no Witness List is filed before the Notice of Trial is filed you will be unable to call a witness during the proceeding.


    Respectfully,

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    Superior Court Judge
    San Andreas Judicial Branch
    ☎ 1-000-000
    [email protected]
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    Phil Russo
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    Re: #24-CM-0060, State of San Andreas v. Phil Russo

    Post by Phil Russo »

    Yo Hello all,

    I missed my trail. It was not my fault, my friends dragged me to a bar and I got hammered. I got so drunk when I got home I thought my toothpaste was astronaut food. I have told my friends I can't go to any bars before my next trial. It is what it is.

    I have filed my availability for Jan 25th and Jan 26th.

    Thank you,
    Phil Russo
    Locked

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