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"Valentine Underwood Submits Motion To Dismiss in Massachusetts."

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posted on | Wed, November 27th 2013

“On September 17, 2010 Assistant District Attorney Kate Mac Dougle convened a grand jury to indict me on the charges of Aggravated Kidnapping and Aggravated Rape for a crime which allegedly occurred on May 20, 1988.

During the presentation of the rape charge she stated “said defendant having been previously convicted of said offense“. This information is incorrect and prejudicial and was used to obtain the indictment that was used to have me transferred from California to Massachusetts pursuant to a Interstate Agreement on Detainers (IAD).

After reviewing the Grand Jury minutes and researching the charges. I learned the Aggravating Kidnapping charge was not in existence when the alleged crime occurred in 1988. I also learned the incorrect prejudicial statement presented to the Grand Jury was used to apply Aggravating Rape charge, these acts is in violation of the Expost Facto.

On May 15, 2013 I had my lawyer Mr. Joseph Collins submit a motion to dismiss addressing the Assistant District Attorney knowingly presenting incorrect prejudicial information to the Grand Jury on September 17, 2010 and applying charges in violation of the Expost Facto.”

Please Read The Motion To Dismiss Below.

 

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