MOTION FOR NEW TRIAL - GODBLESS and GODSPEED
FRANKLIN28 Wednesday, October 12, 2011 12:29:15 PM
Re: None Post # of 166874
MOTION FOR NEW TRIAL
RELIEF SOUGHT
COMES NOW, The defendant, Rufus Paul Harris hereby moves this court under Rule 33 of the Federal Rules of Criminal Procedures for an order granting the defendant a New Trial.
GROUNDS FOR RELIEF
The defendant, Rufus Paul Harris is entitled to a New Trail on the grounds of Newly Discovered Evidence. As more fully shown herein and in the accompanying Affidavit of Rufus Paul Harris,
Affidavit of Anissa Jarrett and the Memorandum of Points and Authorities.
1. Despite due diligence in the pretrial investigation of this case and after considerable efforts to discover and obtain the use of all relevant evidence in this matter, the defendant, Rufus Paul Harris was ignorant of and unable to present certain evidence at the trial.
2. The Newly Discovered Evidence was discovered after the verdict was returned in this case, when the defendant's wife was researching and assisting the defendant in preparing a motion to present before this court. She then forwarded the information to the defendant via email.
3. The Newly Discovered Evidence is a web archive of the original Waatle Holdings Corp shareholders online stock ledger [NEWLY DISCOVERED EVIDENCE EXHIBIT #1] and the Arizona Secretary of State annual required corporate update filings. [NEWLY DISCOVERED EVIDENCE EXHIBIT #2] The evidence clearly and decisively impeaches key government testimony and contradicts material evidence presented by the government at trial, therefore establishing a strong exculpatory connection against the government’s claim.
4. The Newly Discovered Evidence is not merely cumulative of evidence already in the record, or merely impeaching in character, but it is material and of such character that if received at the trial it would probably have resulted in a different verdict.
PAPERS SUPPORTING MOTIONS
This motion is based on this document and the Affidavit of Rufus Paul Harris, the Affidavit of Anissa Jarrett, the supporting Memorandum of Points and Authorities, all of the pleadings, papers and other records on file in this action. Further factual support and evidence for this motion will be provided when the court sustains the defendants accompanying motions for the court to produce material evidence in the form of the complete court stenographers report for this trial.
WHEREFORE, The defendant, Rufus Paul Harris hereby moves this court that "EX AEQUO ET BONO" for an order to set aside the verdicts in this action and appoint a new trail.
GODBLESS and GODSPEED
Submitted by,
Rufus Paul Harris
/s/ Rufus Paul Harris
Rufus Paul Harris
Defendant
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