APPLICATION
FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
Now
comes the defendant, Michael Jones, and moves this honorable
court pursuant to Fed. R. Crim. P. 12 and the Sixth Amendment
to the United States Constitution to grant his application
for a writ of habeas corpus ad testificandum.
1. On September 30, 2003, defendant responded to the government’s
alibi demand by declaring that at the date and time of the
alleged offense, defendant Jones was with his friend Ms.
Susan Brown at Ms. Brown’s apartment, located at 3442
Southerly Place, Apt. 3-C, East Murdoch Village. Defendant
intends to call Ms. Brown as a witness at trial to establish
his defense of alibi.
3. Ms. Brown is defendant’s sole alibi witness. Defendant’s
ability to call Ms. Brown as a witness is crucial to his
right to present a defense under the Sixth Amendment to
the United States Constitution.
3. On September 30, 2003, counsel for defendant learned
that Ms. Brown was arrested and charged with unlawful use
of a vehicle. At her initial appearance, Magistrate Judge
Heany imposed a $1,000.00 surety bond as a condition of
Ms. Brown’s release.
4. On information and belief, Ms. Brown was unable to pay
the surety bond imposed by Magistrate Judge Heany and is
currently in custody at the Oceana Detention Center
pending her trial.
5. Defendant therefore requests this honorable court to
issue a Writ of Habeas Corpus ad Testificandum directing
the U.S. Marshals to bring Ms. Brown from the Oceana
Detention Center, or any other federal, state or local detention
facility Ms. Brown may be moved to prior to defendant’s
trial, to the cellblock behind Courtroom 15 on the first
day set for defendant’s trial, so that Ms. Brown is
available to Mr. Jones as a witness.
Respectfully submitted,
______________________
Ms. Susan Chase, Esq.
Attorney for Defendant
(123) 878-1234
NOTICE OF SERVICE
I hereby certify that this motion was personally served
upon the attorney for the government, AUSA Rhonda Johnson,
this 30th day of September, 2003.
_______________________
Susan Chase, Esq.
