People

v

Jackie Blystone, Defendant

Case 2003 039 141

Document Number 6477 Version 1.1 

22^nd Document by Jackie Blystone.

Appearance Brief.

6^th Motion for Discovery Order.

Date:    Thursday, June 17, 2004

Time:    1:30 pm

Place:   Court 11

I looked at the court’s website and it shows a suppression motion today.

            According to my document #6377 (my 17^th motion in my case) I set the suppression motion for the 24^th. Nonetheless I must have my discovery items first before I can effectively do my suppression motion.

            My own motion shows that my demurrer is on for today but I cannot do my demurrer until I receive my discovery packet.

            I want to take my demurrer off calender. I will refile it today.

First Priority: Discovery Motion

             I have served many discovery motions on the prosecution. I have complied with the requirements of PC 1045.5b. I am entitled to some remedy for their failure to comply with my discovery request. Without the police reports I have have suffered the following:

            1.         I have not been able to shop my case around to defense lawyers.

            2.         I have not been able to request secondary discovery items which one would normally request after reading the police reports.

            3.         I have not been able to upgrade my suppression motion and had to take it off calendar because I don’t know what this case is about.

            4.         I have been forced to take my demurrer off calendar because the complaint embraces the facts alleged by the complaining party as colored by their police reports.

            Timely discovery is fundamental. All other motions in the case depend on the police reports and other discovery. Although served several times with a discovery order, the prosecution has not responded to me. I ask this court to either:

            1.         Grant my discovery order.

            2.         Order prosecution to respond to my 1045.5b motion.       

List of Motions and appearances in this case:

            Type of Motion             My Number/folder        Served on:       Set for: Result:

            Informal Demand letter.              #6255               29 March 2004

1.         1538.5 Motion                             #6261(6258)     April 1               29 April             Note 1.

2.         Demurrer                                    #6258               April 1               13 May

3.         Brief for my 2^nd appearance       #6264               April 2               2 April

4.         Discovery Motion                        #6279               April 15             April 15             Note 2.

I have not completed this list but see the computer printout listing the motions.

5.         Ti

6.         T

7.         T

8.         T

9.         T

10.       T

11.       T

12.       T

13.       Faretta Demand                          #6321               May 20              May 20 - not      Note 3  

14.       T

15.       T

16.       4^th request for discovery order   #6336/736         May 27-not        May 27-not        Note 4                                         

17.                                                          #6337/737                                  June 24-not       Note 4

18.       3^rd Faretta Demand                    #___/738           Not finished       Not finished       Note 4

19.       T

20.       T

21.       T

22.       T

23.       

Note 1: I took this motion was taken off calendar due to failure of the prosecution to comply with my informal discovery request.

Note 2: Re: Document #6279. April 15. As you can see from the notes in the upper right from page, the clerk said to file in the court. When I got to court Judge Purnell refused to permit me to speak and present the motion in court on the day that Judge Purnell appointed the public defender against my will without any kind of Faretta hearing. The public defender mistakenly entered a plea immediately despite my having filed a demurrer.

Note 3: May 20^th This was the day that I intended to file at the court of appeal after the appellate department of the superior court rejected my notice interlocutory appeal in a letter signed by nobody and without a rejection form. However, I did not realize that so much was required by the court of appeal (including transcripts) and my mission there was aborted. That made the statements in my motions incorrect and therefore I did not file them.

Note 4: On May 27^th I had with me in court 6 folders containing 2 completed motions and 4 proposed motions including this 16^th and 17^th motion with me but I did not present it - and could not present it. A public defender jumped up and spoke for me. As soon as they took my previously scheduled motion off calender I left without filing the papers. This is the motion that Irene Lopez refused to file because I had a public defender. I refuse to have a public defender.

Note 5: On Thursday, June 17, 2004 at 2 pm Denise McPeak set the date for my prelim. I had brought to court copies of my motion #6477 version 1 in folder #762 - a demand for a discovery order. Denise did not even look at my motion. I think that she has never seen any of my motions. These public defenders do not know how to win a case and that is a problem across the country. They are the Judas goat leading the herd to slaughter. They do not have time to write anything.

Proof of Service

            I, Jackie Blystone, certify that on Thursday, June 17, 2004 I served this document upon the district attorney office in the Hall of Justice. Thereafter I served it on the courtroom prosecutor. Thereafter I filed it at room 118. It was (circle one) filed/ rejected by the clerk.

Signed _____________________Jackie Blystone. Thursday, June 17, 2004