IN THE STATE COURT OF BROOKS COUNTY

STATE OF GEORGIA

STATE OF GEORGIA
Plaintiff

v. CASE NO. 16S298

RICHARD JERRY McLEOD

Defendant

MOTION TO PRESERVE AND PRODUCE EVIDENCE

In an unprecedented egregious act of prosecutorial misconduct the prosecutor by

and in cooperation with the acts of Sheriff Mike Dewey, Deputies Joe Wheeler and

Eugene Owen conspired to seize and destroy all discovery materials previously

produced and transmitted to defendant McLeod.

These acts were perpetrated February 23, 2017 and subsequent days when Dewey and his

deputies performed an illegal eviction of McLeod and his personal property from the

Grooverville Methodist Church property tract. (The tract is the subject of a previously filed

Quiet Title action against Brooks County Tax Commissioner and Howell Watkins II Realty Corp.

et. al.). This illegal eviction (which was not authorized or permitted by any writ from any

court) was conducted at the request of and for the sole benefit of one Howell L. Watkins II,

owner of Howell L. Watkins Realty Corp. Located in Vero Beach Florida. This illegal eviction

operation was conducted under the disingenuous guise of an animal cruelty search and seizure

initiated without any probable cause. The obvious purpose was to evict McLeod from the

property subject to the pending Quiet Title proceeding and from McLeods adjacent property

where his dwelling is situated and to provide a tactical advantage for Watkins in the pending
Quiet Title action. McLeod utilized the former church Building on the property as office space

and personal storage. All of the discovery documents and case files were stored in the office

portion of the building and were seized, confiscated and presumably destroyed by the prosecutor

and his agents Mike Dewey, Joe Wheeler and Eugene Owen. A brief summary of the illegally

seized items is attached hereto as exhibit A. Defendant McLeod is unable to conduct any

semblance of a defense without these discovery materials which are necessary for his defense and

a fair trial.

Therefore; Pursuant to Georgia code 24-10-26 and the Due Process Clauses of the United

States and Georgia Constitutions, Defendant hereby moves for an order requiring the prosecution

to preserve and provide defendant with access to any and all items of evidence including but not

limited to the following items:

a. All video or audio recordings including but not limited to E911 and sheriff radio transmissions.

b. All law enforcement police notes, Defendant is aware that it is the practice of law enforcement
to destroy their notes, Defendant specifically requests an order specifically ordering law
enforcement agencies to preserver all note in this case.

c, All photographic evidence made in this case (specifically including but not limited to all the
individual photographs taken at all times of defendant seized dogs - and that such
photographs be produced in a format of easily readable form without further transcription or
computer conversion. These photographs to be unaltered from originals. These phonographs to
be
provided to defendant in the exact same form as to be presented at trial (if in color - a color
photo of same quality)

d. Unaltered copies of all necropsies performed of any of defendants dogs.

e. Unaltered copies of any veterinary diagnostic reports on defendants dogs in plain readable text
without need for any file conversion.

f . Copies of all reports specifically detailing disposition of defendants seized dogs; showing

Names of persons receiving the dogs and the address and locations of these recipients.
g.. Names, location of any so called rescue or adoption agencies receiving any of the
aforementioned seized dogs.

h. Copies of all euthanization reports from all entities receiving the seized dogs.

I. Copies of a complete current inventory of any and all of defendant seized dogs presently
impounded or in custody of Thomasville Thomas County Humane Society, Nates Patch or any
other affiliated entity receiving the subject dog.

j. Copies of all invoices, adoption receipts and all other documents showing the amounts received
by all persons in exchange for defendants dogs.

k. All correspondence including email, text messages, written correspondence or any other
communications between law enforcement internally or with any of the agencies or other
affiliates involved in the investigation of this case.

j. Defendant requests copies of all supporting statements made to Magistrate and all sworn
statements so given in support of affidavit for search warrant - And a copy of this affidavit.

k. Copies of any and all court orders authorizing any disposal of any of the dogs seized from
defendant McLeod.
l. All copies of any photos in possession of Brooks County sheriffs detective Eugene Owen.
(None of these photos which he presented at an earlier hearing have been provided to
defendant).

Respectfully,
/s/Jerry McLeod

Jerry McLeod Pro Se

1675 Liberty Church road
\Boston, Georgia 31626
229-263-7981
August 2, 2017

CERTIFICATIONI HEREBY CERTIFY that I have this day served plaintiff with a
copy of foregoing motion to produce evidence by faxing an exact copy to the person at address
listed below :

Robert Gilchrist
Office of the District Attorney
Post Office Box 99
Valdosta, Georgia 31603