DEFENDANT, by and through the undersigned counsel and pursuant to Rule 3.152(b)(2), Florida Rules of Criminal Procedure, requests this Court to sever the trial of Defendant in this case from the trial of the Co-Defendant, JOHN SMITH. As grounds for this Motion, Defendant states as follows:
- John Smith is a Co-Defendant in this case.
- The Co-Defendant has made a statement concerning facts relevant to the charges in this case. The State has noticed its intention to use these statements as evidence against Defendant.
- Statements made by John Smith are not admissible against Defendant.
- Due to the circumstances of this case, protective editing of the statements of each would not be able to overcome the prejudice. See Mathews v. State, 353 So.2d 1274 (Fla. 2nd DCA 1978); Mims v. State, 367 So.2d 706 (Fla. 1st DCA 1979).
- Severance of the trial of Defendant and the Co-Defendant is necessary in this case to promote a fair determination of guilt or innocence of Defendant. See Bruton v. United States, 391 U.S. 123 (1968).
- A trial of the Co-Defendant and the Defendant together would cause a confusion of issues and defenses such that both defendants’ right to a fair trial would be impaired.
WHEREFORE, Defendant respectfully requests that this Honorable Court sever the trial of the Defendant, Anonymous, and the Co-Defendant, John Smith.