Fill and Sign the Motion to Remedy Prosecutorial Abuse Form

IN THE CIRCUIT COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF ) )) V. ) NO. )) NAME OF DEFENDANT ) )) MOTION TO REMEDY PROSECUTORIAL ABUSE ____________, by counsel, hereby moves this Court, pursuant to Article ________, Sections ________, of the __________ Constitution and the Sixth, Eighth and Fourteenth Amendments to the Constitution of the United States, for an order remedying prose- cutorial abuse in this case, insofar as members of the prosecution team have tainted _____________'s right to a fair trial with improper comments to the media. In support of his motion, ___________________ states as follows: 1. On __________ __, _____, an article entitled "Prosecutors hope case will aid in later trial" appeared in the Daily News. A copy of the article is attached hereto as Exhibit A. In the article, the District Attorney is quoted as stating: "If the defendant is convicted of rape, we can use it as an additional aggravating circumstance in the capital murder trial." He also elaborated on the use of a later crime as an aggravating circumstance in an earlier capital murder. The lead sentence in the article outlines the strategy of the District Attorney: "County prosecutors this week will seek to convict defendant of rape -- hoping to use the case as evidence at his later trial for capital murder." The District Attorney is also quoted as mentioning that __________________ has allegedly confessed, and that ________________ purportedly has an
[p]photograph of the rape. The lead sentence in the article indicates that it may be difficult to produce such a semen sample if he is found guilty of capital murder, and it says: ‬if the jury in the rape case determines he committed the crime of sexual assault “