Defense’s Request for Mental Examination 11-24-04

Memorandum in Support of Motion for Mental Examination Excerpts: 2. The witnesses changed the dates and facts for the Indictment The indictment was markedly different from the December 18 2003 Complaint. The Complaint contained seven (7) counts of Lewd Acts Upon a Child, where the Indictment contained only four (4), plus one of Attempted Lewd Act Upon a Child. Somewhere, the perception of the facts in this case was significantly altered, and the Indictment no longer followed the details and chronology recounted by Psychologist Katz. In addition, the Complaint alleged two (2) counts of Administration of an Intoxicant, where the Indictment alleged four (4). In view of repeated interviews and witness statements, the change in facts, counts and dates has created an irreconcilable inconsistency with no explanation. The dates of the alleged crimes also changed. The Complaint said five (5) of the seven (7) “lewd acts” allegedly occurred “on or between February 7 2003, and March 10 2003” and all the other counts occurred between February 20 and March 10 2003. But the Indictment now says that all but the new conspiracy charges occurred between February 20 and March 12 2003. Now it is a conspiracy starting Feb 7, but no lewd act until February 20. This was not just a narrowing of the time period, but it was also a lengthening of the time period. Suddenly, something happened on March 12 that was not included in the Complaint. In the Indictment, Mr. Jackson was charged with conspiracy to engage in Child Abduction, False Imprisonment and Extortion. He was not indicted on the actual objects of the conspiracy itself, nor were these acts charged as stand-alone crimes or attempted crimes. Not even the alleged co-conspirators are charged with the crimes. pg 10-11 60 pages :nav Defense’s Request for Mental Examination