Caleb King Case DISMISSED in the City of Alexandria Due to FRAUD

MOTION FOR RECONSIDERATION FROM COURT HEARING MAY 25, 2021

FRAUD ON THE COURT, INEFFECTIVE ASSISTANCE OF COUNSEL, CONSTITUTIONAL RIGHTS

Comes now Defendant Caleb King asks for Reconsideration from Court Hearing May 25, 2021. That Defendant believes that his public Defendant Tyler Roth was ineffective assistance of counsel: A lawyer shall abide by a client's decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

That the acts and actions of the lawyers created a Fraud on the Court when misleading / Disingenuous information was presented to the court, which the court by all appearance acted on.

Defendant was clear and concise that he was innocent. That he had not touched nor had he initiated any contact with lawyer Sean Allen Passino and or Leon Edilio.

Defendant believes he was targeted and then being Black only gaslighted the situation further.

Statement of Facts for May 25, 2021

That court took place on or around May 25, 2021 at 9:30 am.
That Defendant made it clear to his attorney he was INNOCENT and Pled NOT GUILTY
That Defendants attorney continually tried to get him to change his Plea
That Defendants attorney never allowed him to see or told him of any evidence against himself
That Defendants attorney would not listen to him or the circumstances of what took place as stated in the attached Affidavit.
The Defendant's attorney was aggressive and demanded a response to correspondence that he had which was some type of a plea.
The attorney refused to comply with Defendants' wish of a Dismissal.
The attorney refused to give Defendant any documents requested
On May 26, 2021 The Attorney informed Defendant he would not be able to get any documents to him till June 1, 2021, due to being out of town.
On May 27, 2021 Defendant went to the clerk's office and got copies and was shocked to see the misleading and disingenuous evidence that had been submitted into the court.
That a defendant should have been given copies of all evidence against him.

ARGUMENT

Under the Fifth and Fourteenth Amendments to the United States Constitution, criminal defendants are guaranteed the right to due process of law. The government is required to disclose exculpatory and impeachment evidence to ensure the accused constitutional guarantee to a fair trial. In Brady v. Maryland, the United States Supreme Court held that withholding exculpatory evidence violates due process “where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” 373 U. S. 83, 87 (1963). Thus under Brady, prosecutors have an affirmative duty to timely disclose exculpatory information when such information is “material” to guilt or punishment. See also United States v. Bagley, 473 U. S. 667, 682 (1985) (clarifying that evidence is material to a finding of guilt where ”there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the preceding would have been different” ).

That if Defendant had seen the evidence, he would have been able to defend himself from the misleading and inaccurate filing with the police by lawyer Sean Allen Passion and or Leon Edilio.

RELIEF REQUESTED
That it is understood and the record shows Caleb King plead “NOT GUILTY”. That the probation and all other requirements of Caleb King be Dismissed.

Respectfully Submitted
June 4, 2021