#24-CM-0078, State of San Andreas v. Alistair Kon (Vespucci)

[Terence Williams]

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

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• Honorable Judge Fitzgerald and pertaining parties,
  
  The Prosecution would like to note that opposing counsel has resigned from their position with the Judicial Branch, and as such there is no assigned counsel for the defendant. The Prosecution will not be opposed to postponing the scheduled trial to allow for new counsel to be assigned and meet with the defendant to prepare their case.
  
  Regards,
  
  Terence Williams
  Attorney General
  San Andreas Judicial Branch
  (909) 234-9321 — [email protected]

[Maximilian Fitzgerald]

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

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NOTICE OF TRIAL CANCELLATION

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Alistair Kon (Vespucci)
#24-CM-0078,

Given the public defender has resigned, and the other defender was recused, this case will be on hold until Mr Kon/Vesupcci can find legal representation. Please reach out to other public defenders as soon as possible and have them post their representation when they can.

The trial scheduled for tomorrow is now cancelled until further notice.


Respectfully,


Superior Court Judge
San Andreas Judicial Branch
☎ 1-000-000
✉ [email protected][/list]

[Daniel Carmello]

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

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NOTIFICATION OF CHANGE IN COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Alistar Kon (Vespucci)

A Notification of Change in Counsel was filed in the above case on 12/14/2024.

Please be advised that effective immediately, Daniel Carmello will assume the role of Primary Counsel in the above-referenced matter. All future correspondence, filings, and communications should be directed to their attention.

Should you have any questions or require clarification, please do not hesitate to reach out.


Interim Chief Public Defender
San Andreas Judicial Branch
(909) 313 — [email protected]

[Maximilian Fitzgerald]

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

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NOTICE OF SCHEDULING

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Alistair Vespucci
#24-CM-0078

An attempt to schedule was made and recorded by the court on 24th 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,


Superior Court Judge
San Andreas Judicial Branch
☎ 1-000-000
✉ [email protected]

[Terence Williams]

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

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• Honorable Judge Fitzgerald and pertaining parties,
  
  Primary counsel for the Prosecution has filed its availability.
  
  Regards,
  
  Terence Williams
  Attorney General
  San Andreas Judicial Branch
  234-9321 — [email protected]

[Malik Freeman]

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

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• Honorable Judge Fitzgerald and pertaining parties,
  
  Co-counsel for the Prosecution has filed its availability.
  
  Regards,
  
  Prosecutor
  San Andreas Judicial Branch
  (909) 494-7867 — [email protected]

[Daniel Carmello]

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

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• Honorable Judge Fitzgerald and pertaining parties,
  
  The Defense has filed its availability.
  
  Regards,
  
  Interim Chief Public Defender
  San Andreas Judicial Branch
  (909) 313 — [email protected]

[Maximilian Fitzgerald]

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

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NOTICE OF TRIAL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Alistair Kon (Vespucci)
#24-CM-0078

A trial date was set on the above case on 3rd of January, 2025.

In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 22:00 PM on 18th 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,


Superior Court Judge
San Andreas Judicial Branch
☎ 1-000-000
✉ [email protected]

[Terence Williams]

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

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• Honorable Judge Fitzgerald and pertaining parties,
  
  I will be unable to attend the trial as scheduled due to sickness.
  
  Regards,
  
  Terence Williams
  Attorney General
  San Andreas Judicial Branch
  234-9321 — [email protected]

[Maximilian Fitzgerald]

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. Alistair Vespucci
#24-CM-0078

A decision was reached in the above case on the 18th day of January, 2025.

The prosecution built its case around the discovery of lockpicks and a mask, the proximity of one car to the crime scene, and the points of inconsistency in the accused's statements. Although the court recognizes these circumstances may amount to a reasonable suspicion justifying investigation, the prosecution case is not strong enough to meet the proof standard for conviction.

The court then finds a gap in the evidence, namely a lack of evidence that there was any clear attempt made by defendant to gain entry into the relevant premises. And while the defendant was found in possession of certain materials, there is no direct evidence of an attempted break-in.

Inconsistencies with the prosecution's story exist with the defendant's own testimony at trial as to where his car was parked. The defendant said his car was parked in a rear driveway, disputing the prosecution’s theory that it was hidden in a location unusual for a car to be parked near the property. Although suspicious about the defendant’s actions, this is not conclusive proof of criminal intent, especially given that there was no photographic evidence presented.

The defense was also able to overcome the speculative nature of some of the prosecution’s allegations by exposing procedural shortcomings in the investigation. Absences of important evidence such as the lack of photographic evidence of the alleged damaged lock and also lack of details about the 911 call also undermine the case against the defendant.

The state failed to present sufficient evidence to establish the guilt of the defendant beyond a reasonable doubt. The evidence does not support a finding that the defendant committed the crime so as to prove guilt beyond a reasonable doubt.

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

• On the count of GF15 - Attempted Burglary, I find the defendant, Alistair Vespucci, not guilty.

Superior Court Judge
San Andreas Judicial Branch
☎ 1-000-000
✉ [email protected]