Defendants Motion for Reconsideration and Rehearing on the Defendant’s Motion to Dismiss for Prosecutorial Misconduct for Failure to Provide Discovery — No. 1:21-cr-20242 (Dkt. 119, S.D. Fla.)

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Joseph Timothy Grenon moved on September 23, 2022 in Case No. 21-20242-CR-ALTONAGA in the Southern District of Florida for reconsideration of the court's denial of a motion to dismiss. The motion says the prosecution received exculpatory evidence by certified mail and did not share it, and that the court relied on a response that addressed only timing. Grenon says the case has been pending since a first appearance in August 2020 without a trial or bail, objects to a psychiatric evaluation, and argues that studies in the government's possession show the substance at issue is a cure.

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Case 1:21-cr-20242-CMA Document 119 Entered on FLSD Docket 09/23/2022 Page 1 of 12

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA, | FILED BY De

Plaintiff, CASE NO.: 21-20242-CR-ALTONAGA

\ SEP 23 2022
ANGELA E, NOBLE

JOSEPH TIMOTHY GRENON Sb OF ELAS Mii

Defendant

DEFENDANTS MOTION FOR RECONSIDERATION AND REHEARING ON THE
DEFENDANT’S MOTION TO DISMISS FOR PROSECUTORIAL MISCONDUCT FOR
FAILURE TO PROVIDE DISCOVERY

DEFENDANT, JOSEPH TIMOTHY GRENON respectfully moves the Court to reconsider its
denial of his Motion to Dismiss on the rounds that this Court overlooked the fact that the
Prosecution has failed to provide evidence in its possession as it ordered them to provide. That
the Court denied the motion dismiss relying on the response by the prosecution that the time had
not run, but both the Court and the Prosecution totally ignored the Defendant’s motion to dismiss
for the Prosecutions intentional concealment of exculpatory evidence. The Prosecution was
ordered to turn over all exculpatory evidence. The Prosecution received by certified mail
exculpatory evidence. The Prosecution did not share the exculpatory evidence. The Defendant
included that proof of service in their motion and the Motion was ignored by the Prosecution.
The Prosecution then misled this court by only responding to the issue of time, and concealed
from the court that the Prosecution did not provide to the Defendant, who is incarcerated, with
the exculpatory evidence. | |
the above-entitled cause on the grounds that this dase has been pending for years and I have not

received a speedy trial.


Case 1:21-cr-20242-CMA Document 119 Entered on FLSD Docket 09/23/2022 Page 2 of 12

1. Defendant made his first appearance in AUSUST 2020, and it is NOW SEPTEMBER OF
2022. He has been incarcerated, without bail, without a hearing, without appearing by
zoom, without a trial. He never stipulated to any delays due to covid or any other reason.

2. The Defendant admits that on August 4th, 2022, the Defendant made his initial
appearance. That means that from August 2020 to August 4", 2022, when the court saw
the Defendant in person, the court did not order an evaluation, did not question the
Defendant about the soundness of his mind, and did not obtain any sort of consent from
the Defendant for a delay after incarcerating him for more than a year without bail,
without bond, and without offering him home confinement.

3. Iam informed, believe, and thereon allege that the People are in possession of videos,
books and records which show the substance for which I am accused of possessing is in
fact, a cure for many illnesses, and the information in their possession shows that the
material would save others lives.

4. The concealment of that information they possess deprives me of the affirmative defense
of defense of others.

5. The information they possess shows that the substances are not dangerous, and the
pharmacy companies have suppressed patents to prevent this medical cure from being :
distributed, and that information would be and is a material affirmative defense.

6. That the Prosecutor, in addition to concealing material evidence, has continued to keep
me incarcerated by different motions and means, depriving me of a speedy trial, and the
most recent tactic is the use of a psychiatric evaluation without any cause or evidence that
I am now suddenly in need of such an evaluation after being in their custody for more

than a year.


Case 1:21-cr-20242-CMA Document119 Entered on FLSD Docket 09/23/2022 Page 3 of 12

7. Studies exist which are exculpatory and the Defendant has learned that the prosecution
was provided that information from an amicus group who believes in the safety and
effectiveness of the substances which the Defendant is being charged with possessing.

8. That information could have, and should have been shared since the People were
ORDERED by this Court to share ALL exculpatory evidence.

9. The attached shows that the information was provided by CERTIFIED MAIL, RETURN
RECEIPT to the People, and they did NOT share the same with the Defendant.

10. As a result, the Defendant is entitled to an immediate dismissal of this action.

POINT ONE
THE COURT NEEDS TO RECONSIDER AND REHEAR THE DEFENDANT’S
MOTION TO DISMISS ON THE GROUNDS THAT THE PROSECUTION (AND THE
COURT) DID NOT ADDRESS THE SIMPLE FACT THAT THEY CONCEALED
EVIDENCE IN THEIR POSSESSION, DID NOT SURRENDER IT ACCORDING TO
THE ORDERS OF THIS COURT, AND THE CASE SHOULD BE DISMISSED FOR —
PROSECUTORIAL MISCONDUCT,

11. As alleged in my motion and not contradicted by the Prosecution, the Prosecution has
concealed material evidence in the case which could be exculpatory and vital to my
defense.

12. Because the Prosecution failed to address the grounds, failed to deny concealing the
evidence, the Court must presume the motion is true and has merit.

13. While the Defendant was incarcerated, his case became a matter of public interest and
concern to individuals who believe that the arrest was wrongful, and in their efforts to aid

in his defense, sent exculpatory information and studies to the Prosecution, with the

Vee


I  (
Case 1:21-cr-20242-CMA Document 119 Entered on FLSD Docket 09/23/2022 Page 4 of 12

i

incarcerated and clearly sheltered from the world. This belief of these organizations that
the prosecution would share the exculpatory information was also done in reliance on the
order of this Court compelling the prosecution to share all potentially exculpatory
information. ‘

14. The Prosecution, however, was in possession of this evidence related to the charges and
the case name and number, and did NOT share the information it received. That as a
result of their failure to share the information and their failure to defend against these

|
understanding that the information would be shared with the Defendant who was
serious charges made in the Defendants motion dictate the need for an immediate

dismissal.

Imposition of Sanction of Dismissal

The federal district courts of this nation possess the inherent power to regulate
litigation and to sanction litigants for abusive practices. Zelectron, Inc. _v.
Overhead Door Corp., 116 F.R.D. 107, 126 (S.D.Fla.1987); see also Aoude vy.
Mobil Oil Corporation, 892 F.2d 1115, 1118 (1st Cir.1989) (District Court
possesses the inherent power to deny court's processes to one "who defiles the
judicial system by committing a fraud on the court"); Sun World, Inc. v. Lizarazu
Olivarria, 144 F.R.D. 384, 389 (E.D.Cal.1992) (district court has inherent power
to impose sanction of dismissal or default judgment). The power of any court to
manage its own affairs, which necessarily includes the authority to impose
reasonable and appropriate sanctions on the parties to litigation before it, is deeply
rooted in the common law tradition. Malautea v. Suzuki Motor Co., Ltd, 987 F.2d
1536, 1545-6 6 (11th Cir.1993), cert. den, U.S. __, 114 S.Ct. 181, 126
L.Ed.2d 140 (1993),84)

Dismissal is appropriate where:

a party has sentiently set in motion some unconscionable scheme calculated to
interfere with the judicial system's ability impartially to adjudicate a matter by
improperly influencing the trier or unfairly hampering the presentation of the
opposing party's claim or defense.

15. Here, the Prosecution was ORDERED BY THIS COURT to share exculpatory

evidence.


Case 1:21-cr-20242-CMA Document 119 Entered on FLSD Docket 09/23/2022 Page 5 of 12

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

The evidence they had in their possession was not in the possession of the
Defendant and the Defendant has yet to see the information.

Instead, the Defendant was told that the information was exculpatory and was
shared with the prosecution and that it would be shared with him in turn.

That information was concealed by the Prosecution. That information was not
shared.

That information was and is exculpatory and vital to the Defendant’s defense.

That the concealment of that information from the Defendant is in contempt of

this Court, and a violation of the due process and equal protection rights of the
Defendant.

The People have concealed that information in order to obtain an advantage at trial.

I am informed, believe, and thereon allege that the People are in possession of videos,
books and records which show the substance for which I am accused of possessing is in
fact, a cure for many illnesses, and the information in their possession shows that the
material would save others lives.

The concealment of that information they possess deprives me of the affirmative defense
of defense of others.

The information they possess shows that the substances are not dangerous, and the
pharmacy companies have suppressed patents to prevent this medical cure from being
distributed, and that information would be and is a material affirmative defense.

That the Prosecutor, in addition to concealing material evidence, has continued to keep
me incarcerated by different motions and means, depriving me of a speedy trial, and the

most recent tactic is the use of a psychiatric evaluation without any cause or evidence that


Case 1:21-cr-20242-CMA Document 119 Entered on FLSD Docket 09/23/2022 Page 6 of 12

26. Clearly, the Prosecutorial misconduct is exacerbated by the fact that they are intending to
cause severe emotional distress by placing me in an institution with dangerous psychotic
individuals and subjecting me to unnecessary medical treatment, drugs, and testing solely
to delay my right to a speedy trial and to prevent me from having a fair trial.

27. Studies exist which are exculpatory and the Defendant has learned that the prosecution
was provided that information from an amicus group who believes in the safety and
effectiveness of the substances which the Defendant is being charged with possessing.

28. That information could have, and should have been shared since the People were
ORDERED by this Court to share ALL exculpatory evidence.

29. The attached shows that the information was provided by CERTIFIED MAIL, RETURN
RECEIPT to the People, and they did NOT share the same with the Defendant.

30. “The Hyde Amendment is "targeted at prosecutorial misconduct, not prosecutorial
mistake." /d. at 1304. Therefore, to succeed in obtaining an award for fees and expenses
under the Hyde Amendment, "[a] defendant must "show that the government's position

underlying the prosecution amounts to prosecutorial misconduct." Gilbert, 198 F.3d at

1299.” Here, we have a prosecutor who not only deprived the Defendant of a speedy
trial, deprived him of bail, deprived him of bond, held him in custody for two years; but
now has intentionally concealed from the Defendant exculpatory evidence and refused to
justify the same.

31. As a result, the Defendant is entitled to an immediate dismissal of this action.

CONCLUSION


Case 1:21-cr-20242-CMA Document 119 Entered on FLSD Docket 09/23/2022 Page 7 of 12

Because of the continued abuse of processes by the prosecutor by concealing exculpatory
evidence this Court to immediately dismiss this complaint and order the immediate
release of the Defendant.

Respectfully submitted this 20™ DAY OF SEPTEMBER, 2022.

Signed reserving all my rights, without prejudice, and demanding a speedy trial and

release:


Case 1:21-cr-20242-CMA Document 119 Entered on FLSD Docket 09/23/2022 Page 8 of 12

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing was sent to the following people in the
specified manner on the a DAY OF SEPTEMBER, 2022

Oo
Prosecutor__ Delivered or Certified Mail 7018 3090 0002 3302 3717
Michael Homer
John Shipley Jr. 99 NE 4" St, Miami, FL 33132
Clerk of the Court Delivered or certified mail EJ 878763016 US
Angela E. Noble
400 N. Miami Ave., Miami, FL 33128
Signed reserving all my rights, without prejudice, and demanding a speedy trial and

release: jo5eft-te thy 5 re2en

BY: grenon, joseph-timothy, WITHOUT UNITED STATES ~ FOR NAMED

DEFENDANT DBA JOSEPH TIMOTHY GRENON


Case 1:21-cr-20242-CMA Document 119 Enteredion FLSD Docket 09/23/2022 Page 9 of 12

Health and healing one step at a time SSM
a Private Member Association
980 Rogers Lake Road

Suite B

Kila Montana)599: of

Prosecuting attomeys
MICHAEL B. HOMER
Assistant United States Attomey
Court 1D No. A5502497 -

99 Northeast 4th Street

Miami, Plorida 33132-2111
and John Shipley Jr.

99 NE 4" st

Miami, Florida 33132

regarding case number 21-20242-CR-ALTONAGA

Greetings Prosecuting attorney Michael Homer and Prosecuting attorney John Shipley jr,

concemed that the public health is at great risk because the bi

pharmaceutical companies are

i believe you are attempting to prosecute individuals who ig in the validity of these studies and are

concealing how life-saving this product is. It clearly is a vali
distribution or use of this product is intended not to cause h
abetting the concealment of a cure for many diseases.

argument that the possession,
, but to save lives. You are aiding and

men and women from our group have some information that we felt should be brought to your

attention;

enclosed is an 80 page book called:

“The Universal Antidote/The Science and Story of Chlorine Dioxide”

and included is a study on “Alcide UDDERgold Platinum” 10
By Health Products Regulatory Authority

pages

Our men and women investigate cures that are being kept from mankind by Big Pharmacy;

Our goal is to bring about health and healing for mankind one

fad Rages ® Os

Sincerely,

step atating; enti [PADI

i forse uta y wadlis @
BOPP, pwely LU grey ‘

a Se
fat aS.
Cathe tease? 2 FL
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Case 1:21-cr-2 -
0242-CMA Document 119 Entered on FLSD Docket 09/23/2022 Page 10 of 12

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Case 1:21-cr-20242-CMA Document 119 Enteredion FLSD Docket 09/23/2022 Page 11 of 12

Dear Barb, Mark, Jordan, Jonathan, and Joseph,
in care of Barb

Health and Healing one Step at a time SSM would like
her at this PMA are behind you and would like to send
possible;
we would like to thank you for helping us to fix thousat

to inform you that the men and women
donations and support in any way

nds of men and women with your share

of the Miracle Chlorine Dioxide;
‘we have sent all of this research USPS # E! 073 040
hopes that they can see the mistake that they are m
help save peoples lives;

We sent The book: The Universal Antidote/The Science an
sent links to all of the videos for the PA to watch

sent the study on Alcide uddergold platinum and it states “
environment is acceptable”

Blessings anthony

2 US to the Prosecuting attorneys in
ing with prosecuting men for trying to

Story of Chlorine Dioxide

e safety of the product for humans and the


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