IN THE SUPERIOR COURT OF GLYNN COUNTY STATE OF GEORGIA

Transcription

1 IN THE SUPERIOR COURT OF GLYNN COUNTY STATE OF GEORGIA STATE OF GEORGIA, v. DE'MARQUISE KAREEM ELKINS, Defendant. CRIMINAL ACTION NO FOURTH MOTION FOR DISCOVERY UNDER BRADY V. MARYLAND AND ITS PROGENY. MOTION FOR DISCLOSURE OF EXCULPATORY INFORMATION CONCERNING MATERIAL WITNESSES SHERRY WEST. MOTION FOR IMMEDIATE DISCLOSURE OF BRADY MATERIAL, AND FOR OTHER RELIEF. AND MEMORANDA IN SUPPORT THEREOF. COMES NOW Defendant De'Marquise "Marky" Kareem Elkins, by and through undersigned counsel, pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, Article I, Section I, Paragraphs 1,2,11,12,14,16, and 17 of the Constitution of the State of Georgia; Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.E.2d 215 (1963; Williams v. State, 250 Ga. 463, 298 S.E.2d 492 (1983, and this court's inherent power to compel discovery, see Hightower v. State, 259 Ga. 770, 386 S.E.2d 509 (1989, and files this his Fourth Motion for Discovery under Brady v. Maryland and its progeny, Motion for c- Disclosure of Exculpatory Information Concerning Material Witne4 SIZry West, ration for Immediate Disclosure of Brady Material, and For Other Relief." Defadani show's follows: um!,- 1. Elkins is currently incarcerated at the Glynn County Deten4n Center or_qhql-tage of murdering Antonio Santiago on March 21, (-1 2. Elkins has no adult felony criminal record, is being held 3. Elkins has demanded a speedy trial. 4. Material Witness Sherry West is the only eyewitness to the shooting and subsequent death of Antonio Santiago.

2 5. The defense has already submitted a request for Sherry West's psychiatric records, and any other available possessed by the State with respect to her mental heath. 6. This Brady motion directs itself to the following question: Is Sherry West "crazy as a fox?" 7. Upon information and belief, Sherry West had her child cremated almost immediately following release of the body by law enforcement officers. Sherry West packed up and disposed of his personal belongings a day or two later. Sherry West informed at least one major media outlet of a ceremony for the child she subsequently acknowledged never took place. Upon information and belief, Sherry West's bizarre response to the shooting of her son goes all the way back to her hospital admission following the shooting. 8. According to media reports, she called her daughter within days of the death of Antonio Santiago inquiring as to how soon she could expect to receive the proceeds of a life insurance policy. 9. Sherry West is no stranger to insurance claims, and whatever her mental state she has demonstrated that she is far more intelligent and capable than she has appeared in her many media interviews. Attached hereto are pleadings which purport to have been prepared and filed by Sherry West in State Farm Fire & Casualty Co. v. Sherry West, Superior Court of Glynn County, Civil Action No , in which it was alleged that Sherry West "negligently" started a fire. WHEREFORE, Defendant prays that the State be compelled to immediately disclose any evidence suggesting or tending to suggest that Sherry West has ever filed a questionable insurance claim, collected on an insurance claim, owned or was the beneficiary of any life insurance policies on the life of Antonio Santiago, or otherwise stood to benefit financially from -2-

3 the death of Antonio Santiago, or that Sherry West played a more active role in the death of Antonio Santiago than she has acknowledged. WHEREFORE, Defendant prays that the relief requested herein be granted. This 5t h day of April, EV1N GOU Attorney for Me?ant Georgia Bar No Public Defender Brunswick Judicial Circuit 11 Judicial Lane, Suite 111 Brunswick, GA (

4 STATE OF GEORGIA, IN THE SUPERIOR COURT OF GLYNN COUNTY STATE OF GEORGIA v. CRIMINAL ACTION NO DE'MARQUISE KAREEM ELKINS, Defendant. CERTIFICATE OF SERVICE COMES NOW KEVIN GOUGH, counsel for the defendant, and hereby certifies that a copy of the foregoing document in the above-referenced criminal action has been served upon Jackie Johnson, District Attorney for the Brunswick Judicial Circuit, 701 H Street, Box 301, Brunswick, Georgia 31520, by: depositing a copy in the U. S. Mail in a properly addressed envelope with adequate postage affixed thereto to insure delivery; via facsimile to , and/or _X_ by hand delivery. This 5th day of April, Public Defender Office Brunswick Judicial Circuit 11 Judicial Lane, Suite 111 Brunswick, GA ( ( (facsimile pdo-bjc@gapublicdefender.org -4- Kevin Gough Public Defender Brunswick Judicial Circuit Georgia Bar No

5 c. IN THE SUPERIOR COURT OF GLYNN COUNTY -,.. C -:,, 7.- el STATE OF GEORGIA, T. = c' G '.---1 R7 STATE FARM FIRE &CASUALTY CO. AS SUBROGEE OF ALFRED WRICE, V -,..-: 0, -, PLAINTIFF, T -,.1 i"..; --, Fi r CIVIL ACTION NO. CE vs. SHERRY WEST, DEFENDANT. DEFENDANT'S MOTION TO DISMISS Comes now Sherry West, defendant in the above name case, who respectfully file this MOTION TO DISMISS to pla.mtiff's complaint for damages as following: 1 Plaintiff failure to state a claim on which relief can be granted. 2. The defendant is subject to the jurisdiction and venue of this court. 3. Plaintiff has been stubbornly litigious and has caused defendant unnecessary trouble and expense by forcing defendant into court with this civil action that does not state a claim. 4. Defendant denies that she have any rent agreement or lease, with Alfred Wrice,or State Farm Fire & Casualty Co. 5. Defendant denies that she was negligently by started a fire resulting in damage to Alfred Wrice Property. 6. Defendant denies that she cause any damage to any property in the amount of $ 19, , Defendant denies any amount of payment of money to Alfred Wrice, from State Farm, Defendant states that agreement is between State Farm and Alfred Wrice. 8, Defendant denies that she is liable for any damages to any property. 9. Defendant is entitled to recover cost pursuant to O.C.G.A. section on the ground that plaintiff file a civil action and failed to state a claim on which relief can be granted. 10. Defendant demands a trial by jury.

6 11. Defendant pray. 12. WHEREFORE, Defendant respectfully move this court to grant his motion to dismiss against Plaintiff, plus cost. Respectfully Submitted THIS Oc DAY OF r SHERRY WEST 2104 GORDON STREET BRUNSWICK,GEORGIA SAHA L. DUDLEY Hoist, Public Glynn County Mite of Genii My Commission Expires Jun 20, 2011

7 CERTIFICATE OF SERVICE Comes now Sherry West, defendant in this case who states: that I have served a copy of defendant's Motion To Dismiss to Plaintff'S attorney. CANDACE M. BOUTWELL Kimberly T. McGowan 2280 Satellite Blvd, Bldg B. Duluth GA THIS r14h DAY OF (Ak.1.30, 2011 Respectfully Submitted SHERRY WEST 2104 GORDON STREET BRUNSWICK, GA L. DUDLEY *tory Public 4 Glynn County Stott of Georgie My Comfnleslon Expires Jun sowergrosommr11pmpip"iip"."6"."1

8 IN THE SUPERIOR COURT OF GLYNN COUNTY c".1., 52 z r;.. - = co STATE OF GEORGIA 0 cl N r- -0 -o -. STATE FARM FIRE &CASUALTY CO. AS -0 SUBROGEE OF ALFRED WRICE,,. 2:0.....ff. PLAINTIFF, CIVILACTION NO, CEI VS. SHERRY WEST, DEFENDANT. DEFENDANT'S RESPONSE AND OPPOSITION Comes now Sherry West, defendant in the above name case, who respectfully file this RESPONSE AND OPPOSITION, to plaintiff's complaint for damages as following: 1. The defendant is subject to the jurisdiction and venue of this court. 2. Defendant denies that she have any rent agreement or lease, with Alfred Wrice,or State Farm Fire & Casualty Co. 3. Defendant denies that she was negligently by started a fire resulting in damage to Alfred Wrice Property. 4. Defendant denies that she cause any damage to any property in the amount of $ 19, Defendant denies any amount of payment of money to Alfred Wrice, from State Farm, Defendant states that agreement is between State Farm and Alfred Wrice. 6. Defendant denies that she is liable for any damages to any property. 7. Defendant is entitled to recover cost pursuant to O.C.G.A. section on the ground that plaintiff file a civil action and failed to state a claim on which relief can be granted. S. Defendant demands a trial by jury. 9. Defendant pray. 10. WHEREFORE, Defendant respectfully demands judgment against Plaintiff plus cost.

9 Respectfully Submitted THIS 0 CP DAY OF LAS-1-20H. SHERRY WEST 2104 GORDON STREET BRUNSWICK,GEORGIA DIIII4A L. DUDLEY tietity Put* Wynn County Stow of %olio relpilromiesuggrwirimp Conintio ExPl la Am 20, 2014 t

10 CERTIFICATE OF SERVICE Comes now Sherry West, defendant in this case who states: that I have served a copy of defendant's Response And Opposition to Plaint fr S attorney. CANDACE M. BOUTWELL Kimberly T. McGowan 2280 Satellite Blvd, Bldg B. Duluth GA rqr41 THIS DAY OF A Respectfully Submitted RA chania44- SHERRY WEST 2104 GORDON STREET BRUNSWICK, GA