Opinion
Criminal Docket No. 3:10-cr-00250-1
09-10-2012
UNITED STATES OF AMERICA v. MATTHEW PAUL DEHART
Mark C. Scruggs #10103 Attorney for Defendant
JUDGE TRAUGER
DEFENDANT'S MOTION TO DISMISS INDICTMENT
Defendant respectfully moves the Court to DISMISS the Indictment herein for the following reasons:
(1) Shortly after his arrest, Defendant was involuntarily drugged and tortured by law enforcement officers in an effort to extract information from from, some of which was obtained. The treatment that the Defendant was subjected to shocks the conscience of the Court and is in violation of the due process clause of the Fifth Amendment to the United States Constitution.
(2) Likewise, during the initial stages of his detention by law enforcement officers, information was obtained from the Defendant, while under the influence of involuntarily administered drags, which constituted exculpatory information which has since been lost or destroyed by Government officials. Likewise, this conduct constitutes a violation of the Due Process Clause of the Fifth Amendment to the United States Constitution.
A memorandum of law is submitted in support of this motion.
Therefore, Defendant requests the above relief.
Respectfully submitted,
__________________
Mark C. Scruggs #10103
Attorney for Defendant