_____________ COUNTY




in Support of

Motion to Dismiss







I _________________, being first duly sworn, deposes and says:

  1. I appeared with my attorney on October 16, 2008, where Judge ______ ordered that I could have the blood in this case re-tested, but specifically ordered that the case could not be continued past the December 15th court date.

  2. Although my attorney was not able to get a final order signed by Judge ______ and thus we were not able to get the blood re-tested, because I had been told in open court by Judge _____ that the matter would not be continued after the December 15th date, I appeared with my attorney ready for trial on December 15th 2008.

  3. On December 15th 2008 when the prosecutor, ______, called the matter for trial, my attorney entered a plea of “Not Guilty” as to each of the individual charges that the Prosecutor ________ read off the list.

  4. Trooper ________ was then sworn and testified about investigating the wreck scene and then, coming to the hospital and interviewing me.

  5. During the Trial my attorney objected when the State attempted to introduce any blood results into evidence because the State did not have the proper chain of custody.

  6. My attorney handed up some law on this point and the judge took a recess in the trial. The judge then told us not to come back at 2:00, but instead told us to come back at 4:00 o’clock, so that the prosecutors could have time to get all their documents straight.

  7. I appeared back in court at 4:00 in the afternoon of trial on December 15th 2008 with my attorney.

  8. My Attorney spoke with the prosecutor for a while and, apparently, the State still didn’t have the documents they needed to prove chain of custody.

  9. After my attorney came from a back hallway with the prosecutor, the prosecutor walked in and simply said, “We’re declaring a mistrial on this case.”

  10. He immediately objected and the judge simply told the prosecutor to pick a new date.

  11. I was shocked since I thought we were in the middle of a trial and it was my understanding that once a trial was begun, it has to be completed.

  12. I missed days of work leading up to this trial, and missed work on the day of trial.

  13. Judge ________ had already ruled that the case couldn’t be continued after the December 15th 2008 court date. It’s not fair to me to have to come back to court after the trial has already begun.

  14. There were no grounds for a mistrial to be declared, and none were stated by the Assistant District Attorney, and none were found by the Judge.

  15. On December 15th 2008 I was arraigned in open court and my attorney pled not guilty, the State called Trooper _______ who testified during the trial, then the Assistant district Attorney attempted to unilaterally declare a mistrial when he was not properly prepared for trial.

This the _____ day of ___________________, 2009.





Sworn to and subscribed

before me this the _____ day of

__________________, 20_____.


Notary Public

Commission Expires: _____________