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    Motion For Order To Show Cause Howell Donaldson, JR

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    10News WTSP
    The State Attorney's Office issued an investigative subpoena to Howell Donaldson Jr. to provide testimony regarding his son. Donaldson appeared for questioning but refused to answer any questions related to his son's involvement in multiple deaths or his son's background. The State Attorney is now filing a motion for an order to show cause why Donaldson should not be held in indirect criminal contempt of court for refusing to comply with the lawful subpoena.

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    Motion For Order To Show Cause Howell Donaldson, JR

    Uploaded by

    10News WTSP
    6K views3 pages
    The State Attorney's Office issued an investigative subpoena to Howell Donaldson Jr. to provide testimony regarding his son. Donaldson appeared for questioning but refused to answer any questions related to his son's involvement in multiple deaths or his son's background. The State Attorney is now filing a motion for an order to show cause why Donaldson should not be held in indirect criminal contempt of court for refusing to comply with the lawful subpoena.

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    Howell Donaldson, Jr. ,will appear in court Thursday

    Original Title

    Motion for Order to Show Cause Howell Donaldson, Jr

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    The State Attorney's Office issued an investigative subpoena to Howell Donaldson Jr. to provide testimony regarding his son. Donaldson appeared for questioning but refused to answer any questions related to his son's involvement in multiple deaths or his son's background. The State Attorney is now filing a motion for an order to show cause why Donaldson should not be held in indirect criminal contempt of court for refusing to comply with the lawful subpoena.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    6K views3 pages

    Motion For Order To Show Cause Howell Donaldson, JR

    Uploaded by

    10News WTSP
    The State Attorney's Office issued an investigative subpoena to Howell Donaldson Jr. to provide testimony regarding his son. Donaldson appeared for questioning but refused to answer any questions related to his son's involvement in multiple deaths or his son's background. The State Attorney is now filing a motion for an order to show cause why Donaldson should not be held in indirect criminal contempt of court for refusing to comply with the lawful subpoena.

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    The key takeaways are that Howell Donaldson Jr. was subpoenaed to provide testimony regarding his son's involvement in multiple deaths but refused to answer questions beyond basic identifying information.

    Howell Donaldson Jr. was subpoenaed to appear at the Office of the State Attorney and provide truthful testimony regarding the investigation into his son Howell Emanuel Donaldson III's involvement in the deaths of four individuals.

    Howell Donaldson Jr. refused to answer any questions related to his son's background, developmental history, mode of transportation, gun possession and ownership, and state of mind beyond basic identifying information for himself and his family.

    IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

    OF THE STATE OF FLORIDA IN AND FOR HILLSBOROUGH COUNTY


    CIRCUIT CRIMINAL DIVISION

    In Re: The Matter of State Attorneys Office


    Investigative Subpoena Issued to Howell
    Donaldson, Jr. on December 4, 2017

    Division O

    MOTION FOR ORDER TO SHOW CAUSE WHY HOWELL DONALDSON, JR.,


    SHOULD NOT BE HELD IN CONTEMPT OF COURT

    COMES NOW, ANDREW H. WARREN, STATE ATTORNEY OF THE THIRTEENTH JUDICIAL

    CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, by and through the undersigned

    Assistant State Attorney, and pursuant to Florida Rule of Criminal Procedure

    3.840, moves this Honorable Court to Issue an Order to Show Cause why Howell

    Donaldson, Jr., should not be held in indirect criminal contempt of court, and

    in support thereof states as follows:

    1) On December 4, 2017, pursuant to the authority of Florida

    Statutes 27.04 and 27.181 an investigative subpoena was personally served upon

    Howell Donaldson Jr., directing him to appear at the Office of the State

    Attorney and provide truthful testimony at 2 p.m., on December 5, 2017. (A

    copy of the subpoena is attached hereto as Exhibit A.)

    2) Shortly after 2 p.m., on December 5, 2017, Howell Donaldson Jr.,

    appeared at the Office of the State Attorney accompanied by his attorneys,

    Ralph Fernandez, Esq., and A.J. Alvarez, Esq. He was placed under oath by an

    official court reporter. The undersigned Assistant State Attorney explained to

    Mr. Donaldson that the subpoena issued to him conferred upon him use and

    derivative use immunity by operation of statute. It was further explained to

    Mr. Donaldson that, as a result of the immunity granted to him by operation of

    Florida Law, he did not have a constitutional right against self-incrimination

    and did not have the right to refuse to answer questions posed to him by the
    undersigned Assistant State Attorney.

    3) In response to questions posed by the undersigned Assistant State

    Attorney, Howell Donaldson Jr., stated his name, address and date of birth as

    well as the names and birth dates of his wife and children. Thereafter, Mr.

    Donaldson refused to answer any question related to the investigation of the

    involvement of his son, Howell Emanuel Donaldson III, in the deaths of

    Benjamin Mitchell, Monica Hoffa, Anthony Naiboa and Ronald Felton, and refused

    to answer any questions related to his sons background, developmental

    history, mode of transportation, gun possession and ownership, and state of

    mind. In refusing to answer, Mr. Donaldson did not invoke any statutory

    privilege or any privilege derived from the Florida or United States

    Constitution. (A copy of the sworn statement of Howell Emanuel Donaldson, Jr.,

    is attached hereto as Exhibit B.)

    4) Mr. Donaldsons refusal to testify in the above-described

    proceeding, despite having received a court- authorized subpoena, constitutes

    indirect criminal contempt of this Honorable Court.

    Accordingly, the State of Florida respectfully moves this Honorable

    Court to issue an Order to Show Cause to Howell Donaldson, Jr., directing him

    to appear and answer why he should not be held in indirect criminal contempt

    of court for willfully refusing to comply with a lawful, court-authorized

    subpoena.

    I HEREBY CERTIFY that the foregoing MOTION FOR ORDER TO SHOW CAUSE

    WHY HOWELL DONALDSON, JR., SHOULD NOT BE HELD IN CONTEMPT OF COURT

    has been furnished to Ralph Fernandez, Esquire, 109 S. Moody Ave, Tampa, FL
    33609, via E-mail [email protected], this __6th___ day of

    December, 2017.

    Respectfully submitted,

    ANDREW H. WARREN
    STATE ATTORNEY

    /S/JAY PRUNER
    [email protected]
    JAY PRUNER
    ASSISTANT STATE ATTORNEY
    FLORIDA BAR# 0559415
    STATE ATTORNEY'S OFFICE
    419 N. PIERCE ST.
    TAMPA, FL 33602-4022
    (813) 272-5400

    JP/als

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