Submitted: August 6, 2017
Reissued: November 29, 2017
State's Motion to Restrict Discovery,
Gregory E. Smith, Attorney for the State
Jermaine Carter, James T. Vaughn, pro se
JANE BRADY, SUPERIOR COURT JUDGE.
INTRODUCTION & PROCEDURAL BACKGROUND
State has filed a Motion to Restrict Discovery in the
above-referenced matter, prompted by the Defendants'
pro se appeal of the Order of this Court, dated
February 23, 2017, denying his motion for postconviction
relief. The State seeks to prevent the release of recordings
of victim interviews to a third party claiming the information
therein is highly personal.
former defense counsel seeks guidance regarding what portions
of his file may be provided to Defendant without redactions.
The Court required the State to itemize those documents it
did not wish to allow be provided, unredacted, to the
Defendant, and to provide copies of any such documents,
redacted and unredacted for an in camera review. The
Court received a volume of information on August 6, 2017, and
has reviewed each item. This is the Court's decision.
October 13, 2008, Defendant approached Cherish Ford
("Ford") on Wilmington Street while she was taking
her child out of her car. Defendant displayed a silver
colored handgun and stated "give me your money."
Ford turned over $4, several credit cards and her purse,
after which Carter fled.
October 14, 2008, in the 800 block of North Madison Street in
Wilmington, Defendant pulled Deja Hardin ("Hardin")
into an alley, told her, "don't move or I'll
kill you, " and robbed her of an MP-3 player and her
October 15, 2008, T.T. was walking in the 1400 block of Northeast
Boulevard in Wilmington, Delaware. Defendant approached T.T.,
displayed a silver handgun, and forced her into an alley near
the 1100 block of 14th Street. Defendant ordered
T.T. to remover her pants and underwear and told her to get
on her knees. Defendant then raped her anally and vaginally,
took three silver-colored rings from her and fled on foot.
T.T. immediately reported the crimes, underwent a sexual
assault examination at a hospital at which evidence was
collected, and identified Defendant as her assailant from a
October 16, 2008, Defendant encountered R.T. walking in the
3100 block of North Jefferson Street. Defendant produced a
silver and black handgun, place the gun at the back of
R.T.'s head, grabbed R.T. by the arm, and forced her into
the rear yard of a house in the vicinity, where Defendant
engaged in nonconsensual sexual intercourse with R.T.
Defendant then emptied the contents of R.T.'s book bag,
took a cell phone, and fled on foot. R.T. then spotted two
teenagers who were on their way to school, one of which
contacted the police. R.T. underwent a sexual assault
examination at a hospital at which evidence was collected.
arrested Defendant on October 17, 2008. At the time of the
arrest, Defendant was in possession of silver and black
handgun. Defendant was taken into custody and admitted to
going into an alley with T.T., but asserted that they had
done so for the purpose of having consensual sexual
intercourse. Defendant admitted displaying a handgun and
taking property from T.T. Defendant admitted robbing R.T.,
but denied raping her. Defendant also confessed to robbing
both Ford and Hardin.
December 8, 2008, the New Castle County Grand Jury indicted
Defendant on counts of Rape in the First Degree, Kidnapping
in the Second Degree, Possession of a Firearm During the
Commission of a Felony ("PFDCF"), Possession of a
Firearm by a Person Prohibited ("PFPP"), and
Robbery in the First Degree. On December 18, 2009 Defendant
pled guilty to Rape in the First Degree, Rape in the Second
Degree, Robbery in the First Degree, PFDCF, and two counts of
Kidnapping in the Second Degree during a full colloquy with
the Court. On June 4, 2010 when Defendant was
scheduled to be sentenced, defense counsel and the State
presented Defendant's mental health evaluations to the
Court. The Court found a factual basis to change the plea to
guilty but mentally ill, and conducted a brief colloquy with
Defendant. Because Defendant was pleading to the same
charges, once the Court found that Defendant qualified for
the guilty but mentally ill plea, and that he voluntarily
wished to change to such, the Court noted that it was
satisfied with Defendant's answers at the December 9,
2009, Plea Hearing.Defendant was then sentenced to life
imprisonment, plus 45 years. Defendant did not file a direct
appeal to the Delaware Supreme Court.
Defendant filed a Motion for Postconviction Relief, making
numerous claims of ineffectiveness by prior counsel. Counsel
was appointed to represent him with regard to the Motion. On
February 23, 2017, this Court denied the Motion and allowed
appointed counsel to withdraw. The Defendant appealed that
decision. The present matter before the Court arises from the
prosecution of that appeal.
Court reviewed the redacted and unredacted copies of
documents provided by the State. The nature of the redacted
information is itemized below; utilizing the same numbering
as to each document as was listed in the State's
1. DNA Unit Analysis Reports for Police Complaint No.
Deleted all but initials of names.
2. DNA Unit Analysis Reports for Police Complaint No.
30-08-96025 and Police Complaint No. 30-08-96338.
Deleted all but initials of names.
3. Transcript of Jermaine Carter's October 17, 2008
statement to police.
Deleted where Defendant was staying
Deleted where Dad was staying
Deleted where Defendant works
Deleted Mom's name
Deleted Brother's name
Deleted Dad's name
Deleted Sisters' names
Deleted where he stayed on particular date
Deleted some locations
Deleted Defendant phone number
Deleted Defendant address
Deleted Defendant workplace location
Deleted Defendant's Social Security number
Deleted Defendant's date of birth
4. Christiana Care Medical/FNE records for Victim TT.
Deleted full name/signature
5. Christiana Care Medical/FNE records for Victim SN.
Deleted full name/signature
Note - stapled papers include a lineup array
6. Christiana Care Medical/FNE records for Victim RT.
Deleted name/signature of Victim
Additionally, the ER Dept. page deleted Victim's personal
information including health insurance information
7. Photo lineups used for identification in Complaint No.
Appears signature might be deleted; this Judge saw no
difference between redacted and unredacted copies.
8. Photo lineups used for identification in Complaint No.
9. Victim/witness criminal history information.
Series of DELJIS charge summaries
Deleted names/dates of birth of the individuals
The Court notes that one of the records reflects a felony
10. Transcript of SN police interview, dated September 14,
Deleted specific address on Vandever Avenue
Deleted first name of individual on whose door the Victim
Deleted full name of Victim
11. Transcript of TT police interviews, dated October 15 and
Deleted Victim's name/date of birth
Deleted Victim's address/phone number
Deleted Victim's brother's name Deleted specific
Deleted name M___
Deleted name D___
Deleted name R___
In Photo Array, deleted full name of Victim, TT
12. Transcript of RT interview, dated October 17, 2008.
Deleted RT's full name
Deleted RT's date of ...