This is a 'Motion In Limine" filed by McCabe's office last week with regard to my trial on battery charges scheduled for May 22, 2000 in Clearwater. A hearing on this motion is scheduled for Friday May 12, 2000 at 2:00pm at the Criminal Justice Center, Pinellas County Florida before Judge Robert J. Morris.
It should be pointed out that McCabe is the same Florida State Attorney that received a recommendation from the Clearwater Police Department to try Scientology on MURDER charges. Instead, McCabe took 2 years before bringing the 2 minor criminal charges against Scientology in the death of Lisa McPherson.
Why is it that McCabe comes down on Scientology's side so consistently?
Also, still no prosecution by McCabe in the HAMMER attack on Mark Bunker.
IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTYBERNIE McCABE, State Attorney for the sixth Judicial Circuit of Florida, by and through the undersigned Assistant State Attorney, moves this Honorable Court, before trial and selection of a jury, in limine to limit the defense with regard to any discussion or mention of, or direct or indirect reference to the following:
STATE OF FLORIDA
ROBERT S. MINTON SPN 02077072 MOTION IN LIMINE
1. The alleged "fair game policy" or any corporate policy of the Church of Scientology or agent thereof.
2. Incidents occurring in Massachusetts, California, Florida or any other location between ROBERT S. MINTON and any member of the Church of Scientology or agent thereof, other than the incident alleged in the State's charging document.
3. Allegations that members of the Church of Scientology or agent thereof visited or confronted ROBERT S. MINTON at his place of residence in New Hampshire.
4. Allegations that a member(s) of the Church of Scientology or agent thereof left a dead cat on ROBERT S. MINTON'S doorstep of his residence.
5. Charging decision by the State Attorney's Office to charge ROBERT S. MINTON with the crime of Battery and the failure to charge Richard Howd or any other person or entity with any alleged crime.
6. Allegations that members of the Church of Scientology surveilled ROBERT S. MINTON when he arrived in Clearwater on the date of the incident.
7. The Church of Scientology's practices, beliefs, or alleged doctrines.
8. The Lisa McPherson Trust or any person connected thereto.
9. Lisa McPherson's civil case pending in Hillsborough County.
10. Criminal charges pending against the Church of Scientology pertaining to the death of Lisa McPherson.
11. Incidents or persons alleged to have suffered physical or emotional harm from the Church of Scientology or any agents thereof.
12. Any attempt to place members of the jury "in the shoes of the Defendant."
WHEREFORE, the State of Florida respectfully requests the Court to instruct the attorney for the Defendant, and the Defendant, not to mention or refer, or interrogate concerning, or attempt to convey to the jury in any manner either direct or indirect, any of the above mentioned facts without first obtaining permission of the Court outside of the presence and hearing of the jury, and to further instruct the attorney for the Defendant not to make any references to the fact that this motion has been filed and granted.
I HEREBY CERTIFY that a copy of the above has been furnished to Denis M. deVlaming, 1101 Turner Street, Clearwater, Florida 33756, by U.S. Mail, this 3rd day of May, 2000.
BERNIE McCABE, State Attorney Sixth Judicial Circuit of Florida
S/ William J. Tyson Assistant State Attorney