IN THE SUPERIOR COURT FOR THE DISTRICT orsgg ET (Criminal DiViSi?n) THE ms: met or COLUMBIA UNITED or AMERICA JAN I8 1 25? Case No. 2010-CFI-24172 Judge Beck DERRELL BENNETT Defendant. MOTION TO WITHDRAW GUILTY PLEA COMES NOW, the Defendant, Mr. Derrell Bennett, by and through his counsel, Brian K. McDaniel and McDaniel Asso. P.A. hereby praying this Honorable Court allow the Defendant to withdraw his plea of guilty to the criminal offense charged in the above captioned matter. In support of the same, Defendant proffers the following: 1. The Defendant represents that he is in fact innocent of the charges for which he currently stands convicted. The Defendant did not commit the acts as outlined by the United States Attorney in the factual proffer in support of the guilty plea which was read to the court on November 30, 2012.This is a fact supported by Mr. Bennett's refusal to acknowledge the same during the disposition hearing and his insistence that his plea be entered pursuant to the procedure outlined in North Carolina v. Alford, 400 U.S. 25 (1970). 2. An Order allowing Mr. Bennett to withdraw his guilty plea would not prejudice the Government. This is especially true in this particular case as the government has substantially prepared its case against Mr. Bennett and all of its' witnesses which were available for the original December 10, 2012 trial date are ostensibly still available for any new trial date. 3. The Defendant has not delayed filing the current Motion without justification and files the same a full week in advance of his currently scheduled sentencing date of January 25, 2013 and only 48 days after the entry of his plea of guilt. 4. An Order allowing the Defendant to withdraw his plea of guilty would not substantially inconvenience this Honorable Court. A defendant can request that his plea be withdrawn under D.C. 32 A motion to withdraw a plea of guilty or nolo contendre may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice, the Court after sentence may set aside the judgment of conviction and permit the defendant to withdraw the plea. for any reason the granting of the privilege seems fair and just," a motion to withdraw a guilty plea filed prior to sentencing should be granted. Kercheval v. United _S_t2g:_s, 274 U.S. 220 (1927). An Order allowing the Defendant to withdraw his plea of guilty would be in the interest of justice as the defendant would likely be successful at trial in this matter as the governments evidence against him is based upon evidence of a circumstantial nature and the testimony of a biased witness who had curried extraordinary benefit and assistance from the govemment. In addition, the bulk if not all of the physical evidence developed by the government in this case indicates that the aforementioned government witness was actually responsible for the shooting death for which Mr. Bennett now awaits sentencing. 5. An Order allowing the Defendant to withdraw his plea of guilty would protect the Defendant's Constitutional right to a fair trial. 6. An Order allowing him to withdraw his plea of guilty would protect the Defendant's Constitutional Right to Due Process. won 9a Rmmosm mas; mcommo. Emu Ewmn mans m.m. was 35 fixmmfinmfion. U0 ~88 Boy 3 -33 Oo:=mn_ mom om omwdma EmEUR55. No5 83 cm :6 moammowsm Keno: ad 0&5 Eon fimm man: uomfima B255 8 Zn. 03 ?385, >mmwm?: msam >:oB8a 01353 gimme? ma A9 $33. W88 38. DO 82: . =4 HEN OOCWH HOW HEM Emdmoa om norczwi AOEBMBE m.H>.Ewm on >zHaO> Gama magma want OWUMN Cwou oosmmaoummoa 3. Ea Unmonamumm Some: 8 Em Eon. Em Qommo. Emu Emma ?33 mm MES 35 fimmibmnosIN THE sU?pmgp imR OF COLUMBIA gwlidlriminal Division) Ul . UNITED AU v. Case No. 2010-CF1-24172 Judge Beck --9 DERRELL BENNETT Defendant. MOTION TO CONVERT SENTENCING HEARING TO STATUS DATE AND FOR HEARING ON PENDING MOTION TO WITHDRAW PLEA Now comes the Defendant, Mr. Derrell Bennett, by and through his counsel, Brian K. McDaniel, and McDaniel Asso. P.A, requesting that this court convert the currently scheduled Sentencing Hearing Date to a status hearing and schedule a hearing on the pending Motion to Withdraw Plea. In support of the same, Defendant proffers the following: 1. The Defendant entered a plea of guilt in this matter to one count of Second Degree Murder on November 30, 2012. Defendant entered his plea pursuant to North Carolina v. Alford, as he maintained his innocence on that date. 2. Mr. Bennett directed his counsel to file a Motion to Withdraw his Guilty Plea and the motion seeking the relief was filed on Friday January 18, 2013. 3. This matter is currently scheduled for a Sentencing Hearing on Friday January 25, 2013. As Defendant would like to have a hearing on the pending Motion to Withdraw Plea, he now seeks to convert the scheduled sentencing hearing to a status hearing to allow the scheduling of a hearing date for his motion. QEHWMHOWH. 003.52: Rosana 93 nos: oo=30. Hug? Sum Ewan mfiaa>> mm mag 35 EURmmEmm.8:. 0.0. M88 Horwuroua B08 8; I 38 Oo=:ma_ mow 09.3: wanna: om H. omE.monomowum Kano: Ho 0030: Una ea Wansofi won Eommsm ism mos. uomammo 8 73.. Q3 C343 msam 5.3058: 0135>>: urwasu am 2.3; Woofi Emmfismfiou. U0 ~82. mam: W. Z_oUmEn_