Filing# 194546916 E-Filed 03/21/2024 02:50:22 PM
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`STATE OF FLORIDA
`
`VS.
`
`CHUKWUKA OKAKPU,
`Defendant.
`
`IN THE COUNTY COURT OF THE
`17TH JUDICIAL CIRCUIT, IN AND
`FOR BROWARDCOUNTY, FLORIDA
`
`CASE NO.: 24002721MM10A
`
`JUDGE:
`
`LERNER-WREN
`
`DEMAND FOR DISCOVERY
`
`COMES NOW the Defendant, by and through the undersigned attorney, and respectfully
`demands that the State Attorney'sOffice and/or the Municipal Prosecutor's Office, within 15 days from
`the filingof this pleading,pursuant to Fla.R.Cr.P. 3.220(a), disclose to defense counsel and pennit
`defense counsel to inspect,copy, test and photograph the following infonnation and material within the
`State's possession or control:
`
`1. The names and addresses of all persons known to the prosecutor to have information which may be
`relevant to the offense charged, and to any defense with respect thereto including, but not limited to
`informant witnesses.
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`2. The statement of any person whose name is furnished in compliance with the preceding paragraph.
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`3. Any written or recorded statement and the substance of any oral statements made by the Defendant
`and known to the prosecution or their agents, togetherwith the name and addresses of each witness to the
`statement.
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`4. Any written or recorded statements and the substance of any oral statement made by an accomplice or
`co-defendant togetherwith the name and address of each witness to the statement.
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`5. Those portionsof recorded grand jury minutes that contain testimony of the Defendant.
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`6. Any tangiblepapers or objectswhich were obtained from or belonged to the Defendant.
`a. If applicable,when, where and under what circumstances said seizure was conducted.
`b. Names and addresses of persons conducting search and seizure.
`c. Any documents relatingto said search and seizure, including,but not limited to, search warrants
`and supporting affidavits.
`d. Whether seizure was made pursuant to search warrant, as incident to lawful custodial arrest, under
`plain view doctrine, under theory of abandoned property, under theory of inventory search or based on the
`Defendant's consent.
`If consent is alleged to be given by someone other than the Defendant, the name and address of
`e.
`said person and consentingperson'srelationshipto the Defendant.
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`7. Whether the State has any material or information which has been provided by an informant witness.
`a. the substance o f any statement allegedlymade by the defendant about which
`the informant witness may testify;
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`b. a summary of the criminal historyrecord of the informant witness;
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`c. the time and placeunder which the defendant's allegedstatement was made;
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`d. whether the informant witness has received,or expects to receive,anythingin
`exchange for his or her testimony.The term "anything"includes,but is not limited to, any deal,
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/21/2024 02:50:22 PM.****
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`promise,inducement, pay, leniency,immunity, personaladvantage,vindication,or other benefit
`that the prosecution,or any person actingon behalf of the prosecution,has knowingly made or
`may make in the future.;
`
`e. the informant witness' priorhistoryof cooperation,in return for any benefit,as known to
`the prosecutor.
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`8. Whether there has been any electronic surveillance,includingwire-tapping,of the premises of the
`Defendant, or of conversations to which the Defendant was a party; and any documents relatinghereto.
`a. If applicable,the specificcourt orders or warrants upon which surveillance was predicted.
`b. Names and addresses of the affiants upon whose sworn testimony said orders or warrants were
`based.
`c. When, where and in what manner said surveillance was conducted.
`d. Names and addresses of those persons who conducted said surveillance.
`e. If applicable,a copy of all documents or subpoenas sent to the communications common carrier
`by a law enforcement agency or employee of the State Attorney's Office in connection with a request for
`the communications common carrier to provide infonnation or documentation regarding a subscriber's
`account.
`f. If applicable,a copy of all documents provided to the law enforcement agency or State Attorney's
`Office by the communications common carrier.
`g. Copies of telephone subscriber/customer infonnation or telephone billing records reflecting
`incoming and outgoing telephone calls acquired by the police or prosecution, including the documents
`used to acquire these records.
`h. If the police or prosecution acquired historic,prospective or real-time cell-site information,
`please
`provide copies of this infonnation, including the documents used to acquire this infonnation. If the police
`or prosecution engaged in real-time tracking, disclose whether a device known as a "trigger-fish"was
`used.
`i. If a mobile tracking device was used, please provide the documents authorizing its use.
`
`1
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`Whether any identification procedures, such as lineups, photographic displays, showups or
`9.
`confrontations of any kind, involving the Defendant and relevant to this cause have been conducted; and
`any books, papers, documents, photographs or other objectsof any kind relatingthereto.
`a. If applicable,when, where, under what circumstances and by whom such identification procedures
`were conducted.
`b. Names and addresses of all individuals who were present at the aforesaid identification procedures
`and the exact manner and extent to which each individual so named participatedtherein.
`c. As to each witness who viewed such identification procedures,whether said individual was able to
`identifythe Defendant as the perpetrator of the allegedcrime.
`
`10. The transcriptof any adversary preliminaryhearing held in this cause.
`a. If the record of said adversary preliminary hearing, or any part thereof,has been transcribed at the
`request of the prosecution,pursuant to Fla.R.Cr.P. 3.131(b)(4),a copy of this transcriptshall be furnished
`free of cost to the Defendant or defense counsel.
`
`11. Whether there has been any search or seizure and any documents relatinghereto, including search
`warrants and affidavits.
`
`Whether any physical or mental examinations or any scientific tests were made by experts in
`12.
`connection with this case.
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`1 For purposes of this pleading, "real-time" cell site information refers to data used by the government to identify,
`with varying degrees of accuracy, the location of a phone at the present moment. "Real-time" cell site information is
`a subset of "prospective" cell site information, which refers to all cell site information that is generated after the
`government has received court permission to acquire it.Whereas, "historical" cell site information are records stored
`by the wireless service providerthat detail the location of a cell phone in the past (i.e.,before the entry of an court
`order authorizinggovernment acquisition).
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`13. Reports or statements of experts made in connection with this case, includingresults of physicalor
`mental examinations and of scientific tests, experiments or comparisons.
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`14. Any tangible papers or objectswhich the prosecuting attorney intends to use in the hearing or trial
`and which were not obtained from or belonged to the Defendant.
`
`15. Any photographs or other visual reproductions of the scene of the alleged crime and/or alleged
`victim(s)of the alleged crime, or otherwise relatingto this cause.
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`16. Concerning polygraph examination, commonly referred to as a "lie detector test,"whether any person
`with knowledge or information relatingto this case was administered a polygraph examination; the name of
`the examiner; his opinion; and the test questions, charts,pre and post test interviews,and other pertinent
`documents.
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`17. Copy of any and all video and/or audio recording taken by car or body cameras by any and all police
`units and personnelon scene at the defendant's stop, arrest and/or statements.
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`18. Any and all evidence favorable to the accused on the issues of guilt,or punishment. Brady v.
`Maryland, 373 U.S. 83 (1963); United States v. Agurs, 427 U.S. 97 (1976); Giles v. Maryland, 386 U.S.
`66 (1967).
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`19. Any evidence relatingto impeachment, motive, or bias,including but not limited to: (a)whether there
`has been any promise of leniency and/or promise of financial remuneration to any witness(es). Giglio v.
`United States, 405 U.S. 150 763 (1972); DeMarco v. United States,415 U.S. 449 (1974); Ring v. United
`States,419 U.S. 18 (1974); United States v. Bagley, 473 U. S. 667 (1985); (b) whether the State of Florida
`or any politicalsub division thereof, or municipality thereof, or the United States Government or any
`subdivision thereof,or agency thereof,has contributed moneys for the payment of legalservices for any
`co defendant(s), or witness(es) in said cause; (c) any and all evidence whether it be testimonial or
`documentary in nature which would contradict, or be inconsistent with, proof the State intends to
`introduce at trial.
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`20. Has any victim received or made applicationfor a U Nonimmigrant Visa commonly known as a "crime
`victim" visa. See USCIS Form I-918. The prosecution and/or investigatingagency are involved in this
`process, because the law requiresthat the prosecutor or investigatingofficer certifyto the Federal government
`that the victim "has been helpful, is being helpful, or is likely to be helpful" in the investigationor
`prosecution of the criminal activity.
`
`21. If there is a violation of probation or community control, provide the entire probation file in this
`cause.
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`WHEREFORE, said Demand for Discovery by the Defendant being material and relevant to the
`proper defense of Defendant under applicablerules, cases and constitutional provisions,Defendant
`requests that this demand be answered in all respects.
`
`

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`I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished by
`e-service to the Office ofthe State Attorney,, at courtdocs@saol7.state.fl.us,Broward County
`Courthouse, Fort Lauderdale, Florida,this March 20,2024.
`
`GORDON WEEKES
`Public Defender
`17th Judicial Circuit
`
`s/ REBECCA ANN ENTENBERG
`
`REBECCA ANN ENTENBERG
`Florida Bar No. 1048782
`Assistant Public Defender
`Attorney for Defendant
`discovery@browarddefender.org
`(954) 831-8869
`
`