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Donate Now. Sign In Register. Filed: March 5th, Precedential Status: Click. Citations: F. Docket Number: Each defendant was charged with two counts of first degree murder, armed robbery, burglary with assault clns battery therein while armed, and unlawful possession of a firearm while engaged in a criminal offense.
The defendants were also charged with the armed kidnaping of Aneschka Culmer, another model at Elite, who was the only witness and survivor of the armed robbery. The defendants were tried separately in the Dade County Circuit Court. The only other evidence presented by the prosecution which linked Hart to these crimes was Hart's fingerprint which had been found on the outside of the door to Elite.
Culmer, the only eyewitness, was not available to testify at Hart's trial, and Hart's co-conspirators were not called as witnesses. Prior to trial, Hart moved to suppress his statements because they were not given voluntarily as required by Miranda v.
Arizona, U. The circuit court conducted an evidentiary hearing on Hart's motion to suppress. The suppression hearing revealed that the Metro-Dade police learned of Hart's involvement in the robbery at Elite after talking to Culmer. Culmer provided them with a description of each of the five participants, names she overheard, and a description of the truck they were driving. She also told the officers here one of the participants, jury nullification pros and cons the others referred to as "Rolex," said that his wife used to work as a model at Elite.
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Acting on this information, the police found an employment application in Elite's files which was filled out by a woman who listed "Rolex" as her last name. Detectives matched the address on this employment application to the residence of Leonard. The police connected Hart to Leonard because they had recently been arrested together for stealing Hart's grandparents' credit cards.]
Clever things, speaks)