STATE OF NORTH CAROLINA

COUNTY OF

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO.:

 

 

                          

                                                      )

STATE OF NORTH CAROLINA              )

                                                      )        MOTION TO BAR RELEASE        

vs.                                                   )        OF 911 COMMUNICATION

                                                      )        TAPE RECORDINGS

                                                      )

                                    Defendant     )

                                                      )

 

         NOW COMES THE STATE OF NORTH CAROLINA, by and through the undersigned Assistant District Attorney and Moves the Court pursuant to NCGS 132.1.4(e) for an Order to prevent public disclosure of the contents of “911” tapes as defined by NCGS 132-1.4(c) in the above captioned case.  The undersigned, after being duly sworn, deposes and says the following: 

 

         1.       That the undersigned is the Chief Assistant District Attorney assigned to the prosecution of the above a captioned case; and,

 

2.       That he has been informed that there exists copies of tapes recorded by the [name communications center] on the night of [date] that are relevant to the investigation and prosecution of this case, and the relevant portions of these tapes are from [time and date] to [time and date]; and,

 

3.       That this case is still under investigation by [name agencies]; and,

 

4.       That the undersigned has listened to portions of these tapes relevant to this investigation and prosecution of this case, and believe they are probative of the facts surrounding the [death, crime, etc]; and,

 

5.       That law enforcement officers investigating this matter have asked that the contents of these tapes not be released; and,

 

6.       That various news media have requested copies of these communication tapes; and,

 

7.       That this case has been the focus of intense, emotional and potentially prejudicial pre-trial publicity already; and,

 

8.       The undersigned believes that the release of the contents of these communication tapes would further jeopardize the right of the State and the defendant to receive a fair trial, free from undue prejudicial pre-trial publicity.

 

         THEREFORE, the State respectfully moves the Court to enter an Order pursuant to NCGS 132-1.4(e) to prevent the disclosure of the contents of the communication tapes in the above captioned case until such time as the trial court deems the public release of this information will not jeopardize the right of the State and the defendant to receive a fair trial. 

 

         This the _____ day of ______________________, 20_____.

 

 

 

 

                                                      ____________________________________

                                                      Michael D. Parker

                                                      Chief Assistant District Attorney

                                                      20^th Prosecutorial District

                                                      Post Office Box 1065

                                                      Monroe, North Carolina 28111-1065

                                                      (704) 289-3340

 

 

 

 

 

___________________________________________

Sworn to subscribed to before me

this the _____ day of __________________, 20____.