|
UNITED STATES FEDERAL COURT
UNITED STATES FEDERAL COURT
DISTRICT OF DC/WEB
Presiding Federal Judge - BonnieSBennett
MOTION TO DISMISS CASE
- United States v. RobertMayer (current name Theodore_RooseveltJr)
________________________________________
Due to the case against the defendant containing severe flaws in part by the prosecution along with evidence being recently recovered that invalidates a key argument of the prosecution's case, the defense is hereby motioning for the case listed above to be dismissed due to the following reasons:
1. The prosecution has insufficient evidence against the defendant that does not provide indisputable proof that the defendant is guilty of violating 18 U.S. Code S. 912. None of the prosecution's present evidence addresses the full clause of the statute; there is no present evidence that the defendant "falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value". Due to the evidence not addressing any alleged demand or obtainment of a thing of value, the prosecution fails to prove that the defendant is indisputably guilty.
2. The prosecution's present evidence all merely serves as speculation. None of it features a confession from the defendant over any kind of violated crime. In addition, it does not show any indisputable proof that the defendant never served in the U.S. military prior to 4 December 2016. The prosecution's case can not solely rely on witnesses to convict; a witness can only provide an eyewitness account (and can easily lie as it is difficult to detect a lie when only able to analyze text in a video game). At most, the prosecution can accuse the defendant of not being knowledgeable of his career in the Armed Forces.
3. The defense has obtained evidence that the defendant did serve in the U.S. Armed Forces, invalidating the prosecution's claim that the defendant never properly served in the Armed Forces. As shown through the forum and Trello below, the Secretary of the Army at the time of the honorable discharge, Firedragonboy123, is able to certify that the defendant was honorably discharged on 4 January 2017.
- Trello /c/ bDTK5bPD
- https://forum.roblox.com/Forum/ShowPost.aspx?PostID=208225917
________________________________________
This motion comes into effect immediately once the presiding judge signs the ROBLOX forum containing this order.
Signed,
- Theodore_RooseveltJr
|