SUBPOENA - REVISIONISMLower District Court, Munich Lower District Court, 80097 Munich Mr. Carlos Whitlock PORTER SUBPOENA - Please bring this subpoena with you to the appointment. - x/ Criminal case Dear Mr. Porter, On the basis of your objection you are summonsed to a main trial on: Tuesday /Day, month, year / Time / Above mentioned building/ Tuesday, 25 March 1997 14:00 You may also be represented by a lawyer with written power of attorney. If neither you, nor a defence attorney with written power of attorney todefend you, appears, and if such absence is without sufficient justification,your objection will be rejected without consideration. Applicable only if crossed! x/ The Court has ordered your personal appearance. This order must be obeyedeven if you are represented by a defence lawyer. You must bring the evidentiary material listed on the reverse page with you.You may apply to the court to examine additional witnesses and experts, orto produce further evidentiary material, stating any facts with regards towhich any evidence is to be adduced. You may also bring any witnesses andexperts whom you wish to examine, along with you to the main trial; you must,however, notify the Court of their names and addresses immediately. Should you be able to show that you are unable to pay the travel costs outof your own funds, you may apply for an indemnity for travel costs, and fileit with the above mentioned court, or, in urgent cases, with the Lower DistrictCourt with jurisdiction over your place of residence. Respectfully, Public transport connections: underground, streetcar; stop at Stiglmaierplatz. AG No. 788c/E AGM Abt. 8-113.5 (9.93) StP 206: subpoena for a defendant who has objected to an order of punishment(sections 411, 412, 329 StPO) (2.88). [reverse page] Indication of evidentiary material: 1. Witnesses [third page] [letterhead, addresses, etc.] In matter of: Trial of Carlos Porter for incitement to racial hatred DECISION The application of the defendant dated 07.01.1997 for a court-appointed lawyeris hereby rejected. GROUNDS The prerequisites of section 140 paragraph 1 StPO are not present. Neitheris the defendant accused of a felony, nor has he been confined in prisonfor at least 3 months with the authorization of a judge, or by court order. Such appointment on the basis of section 140 paragraph 2 StPO must also fail.Neither does the cooperation of a defence attorney appear to be requireddue to the "severity of the offence", nor the "complexity of the technicaland legal situation". Nor is it apparent that the defendant is incapableof acting in his own defence. [signed: Zeilinger] Certified True Copy Munich, 27 February 1997 [name, signature] [Note: The defendant disputed the court's jurisdiction in a letter datedMarch 10 1997, and refused to appear. The "trial" was held in absentia onMarch 25, 1997.] Judge Zeilinger 10 March 1997 Judge Zeilinger!
Faithfully, Carlos Porter |
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