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STATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT

) SS: CRIMINAL DIVISION F08

COUNTY OF MARION ) CAUSE NO. 49F08-0811-CM-254608

STATE OF INDIANA, )
Plaintiff, )
vs. )
)
KAY KIM, )
Defendants. )

DEFENDANT’S RESPONSE TO STATE'S ANSWER

TO DEFENDANT’S MOTION FOR PRODUCTION OF EVIDENCE

Comes now the Defendant, Kay Kim, Pro Se filed her Defendant’s Response to State's

Answer to Defendant’s Motion for Production of Evidence filed on April 28, ‘09 on this 29th Day

of April, 2009 as follows and not limited to:

Deputy Prosecutor Andrew Wignall stated in his response as follows:

- The State is unclear what the “Event Hisory Detail” from the Sheriff’s

Department is.

- …. phone records… to request them is through a third-party..production.

1. For the record, Defendant, Kay Kim, Pro Se requested-Subpoena Duces Tecum

from Marion County Sheriff Communicaition Department for “Event History Detail” and

through this court to make sure that the copy has to provide which is the 911, any and all
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(emergenty & non-emergenty) of all records on the day of the alleged incident on November 6,

2008 which the day the Defendant got arrested.

2. For the record, individual’s non-party phone records has been Subpoena thru this

court and will be compelled upon passing of 30 days of due period.

3. Deputy Prosecutor Andrew Wignall is deliverately attempted to obstruct the

discovery/disclosure – phone records of the State’s Witnesses which vital to prove Defendant’s

innocent and State’s witnesses and State of Indiana’s criminal conspiracy against the Defendant,

Kay Kim, Pro Se.

4. Defendant, Kay Kim, Pro Se, Demand that the court to order to produce the phone

records as I reqeusted from the State’s witnesses – Rhonda Heath, Patricia Ladenthin & Linda

Handlon.

5. As to Deputy Prosecutor Andrew Wignall’s third-party request for production of

such phone records cannot be made without State of Indiana’s full cooperation due to they are

the “party” of the State of Indiana as a “witness” and only State of Indiana can provide and order

to provide all the information necessary to Subpoena the records. Having said that, Defendant,

Kay Kim, Pro Se will provide written interrogatories to the State’s witnesses – “party” to either

voluntarily or subpoena the phone records at their choosing.

6. Ignorance of Deputy Prosecutor Andrew Wignall is unclear on the Event History

Detail” is not an excuse for not to produce the records.

7. Marion County is the part/under of State of Indiana which makes them as a

“party”. Threrefore, Deputy Prosecutor Andrew Wignall found out and produce the records that

the Defendant has requested which on the day of alledged incident and got arrested on November

6, 2008 which one of most important evidence for its due process.

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WHEREFORE, Deputy Prosecutor Andrew Wignall’s ignorance is not an excuse to

request the deny of the Defendant’s request of “Event History Detail” and phone records from

non-party and party which are evidence in the cause. It is absolutey necessary to have all and any

phone records from the party and non-party to prove/show the Defendant’s innocent and State’s

witnesses and State of Indiana’s criminal conspiracy against the Defendant, Kay Kim, Pro Se.

For the record that Deputy Prosecutor Andrew Wignallis engaged in criminal conspiracy intent

against the Defendant, Kay Kim, Pro Se. Defendant Kay Kim, Pro Se respectfully requests that

the Court to take appropriate action against the Deputy Prosecutor Andrew Wignall for

obstruction of justice and Deny his request.

Respectfully submitted

Dated: April 29, 2009 By:

Kay Kim, Pro Se

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been delivered to the
court F8 and prosecutor (‘box by F8 clerk) either by U.S. First Class Mail, FAX or server.

Kay Kim, Pro Se

4250 Village pkwy c e apt2.,
Indiana polis, IN 46254
Tel# 317-641-5977
DISTRIBUTION:
Prosecutor: NW Dist outgoing box in F08

Special Judge F08:ph317-327-3202, Fax317-327-1432, clk317-327-5665

ref 1: Special Judge Judith S. Proffitt

E643 City-County Building,

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200 East Washington St.,

Indianapolis, IN 46204

f8clk 317-327-5665/3202, f8f# 317-327-1432

ref 2: Andrew Wignall, Deputy Prosecuting Attorney, NW Dist.

3821 Industrial Blvd.,

Indianapolis, IN 46254

P#317-327-6652

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