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MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
Defendant forcefully broke into the Pelosi house aspiring to take the Speaker of the US Home of Consultant, Nancy Pelosi, as his hostage. However when Defendant discovered that he couldn’t execute his plan, he proceeded as an alternative to assault the 82-year-old man that stood in his manner, Speaker Pelosi’s husband, Paul Pelosi.
There may be clear and convincing proof to assist a hypothetical verdict of responsible for the fees right here; clear and convincing proof exhibits that there’s a substantial chance that Defendant, if launched, would trigger nice bodily damage to others; and clear and convincing proof demonstrates that no much less restrictive different is enough to guard sufferer and public security. This case calls for detention. Nothing much less.
STATEMENT OF THE CASE
The Felony Grievance expenses Defendant with tried homicide (Pen. Code, §§ 664, 187, Rely 1) with allegations that the tried homicide was willful, deliberate, and premeditated, that Defendant personally used a lethal or harmful weapon (Pen. Code, § 12022, subd. (b)(1)), and that Defendant inflicted nice bodily damage on an individual 70 years of age or older (Pen. Code, § 12022.7, subd. (c)). The Grievance additionally expenses Defendant with first diploma residential housebreaking (Pen. Code, § 459, Rely 2) with an allegation that one other particular person was current within the residence throughout the fee of the housebreaking (Pen. Code, § 667.5, subd, (c)(21)), assault with a lethal weapon (Pen. Code, § 245, subd. (a)(1), Rely 3) with an allegation that Defendant inflicted nice bodily on an individual 70 years of age or older (Pen. Code, § 12022.7, subd, (c)), inflicting unjustifiable bodily ache or psychological struggling on an elder grownup (Pen. Code, § 368, subd. (b)(1), Rely 4) with allegations that Defendant inflicted nice bodily damage (Pen. Code, §§ 368, subd. (b)(2)(B)) and that Defendant personally used a lethal or harmful weapon (Pen. Code, § 12022, subd. (b)(1)), false imprisonment of an elder by violence or menace (Pen. Code, § 368, subd. (f), Rely 5) with an allegations that Defendant inflicted nice bodily damage (Pen. Code, § 368, subd. (b)(2)(B)) and that Defendant personally used a lethal or harmful weapon (Pen. Code, §
Individuals v. DePape, Courtroom No. 22012966, Discover of Movement and Movement to Detain, p. 3
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