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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR HILLSBOROUGH COUNTY


CIRCUIT CRIMINAL DIVISION

In Re: The Matter of State Attorneys Office


Investigative Subpoena Issued to Rosita Donaldson
on December 4, 2017

Division O

MOTION FOR ORDER TO SHOW CAUSE WHY ROSITA DONALDSON


SHOULD NOT BE HELD IN CONTEMPT OF COURT

COMES NOW, ANDREW H. WARREN, STATE ATTORNEY OF THE THIRTEENTH JUDICIAL

CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, by and through the undersigned

Assistant State Attorney, and pursuant to Florida Rule of Criminal Procedure

3.840, moves this Honorable Court to Issue an Order to Show Cause as to why

Rosita Donaldson, should not be held in indirect criminal contempt of court,

and in support thereof states as follows:

1) On December 4, 2017, pursuant to the authority of Florida

Statutes 27.04 and 27.181 an investigative subpoena was personally served upon

Rosita Donaldson directing her to appear at the Office of the State Attorney

and provide truthful testimony at 2 p.m., on December 5, 2017. (A copy of the

subpoena is attached hereto as Exhibit A.)

2) Shortly after 2 p.m., on December 5, 2017, Rosita Donaldson

appeared at the Office of the State Attorney accompanied by her attorneys,

Ralph Fernandez, Esq., A.J. Alvarez, Esq., Andrew Shafii, Esq., and Edgar

Guzman, Esq. She was placed under oath by an official court reporter. The

undersigned Assistant State Attorney explained to Mrs. Donaldson that the

subpoena issued to her conferred upon her use and derivative use immunity by

operation of statute. It was further explained to Mrs. Donaldson that, as a

result of the immunity granted to her by operation of Florida Law, she did not

have a constitutional right against self-incrimination and did not have the
right to refuse to answer questions posed to her by the undersigned Assistant

State Attorney.

3) In response to questions posed by the undersigned Assistant State

Attorney, Rosita Donaldson stated her name, address and date of birth as well

as the names of her husband and children. Additionally, Mrs. Donaldson upon

further questioning, briefly described her extended family and frequency of

family get-togethers. Thereafter, Mrs. Donaldson, after consulting with her

attorneys, refused to answer any other questions. Further, Mrs. Donaldson

advised that she would be refusing to answer any questions posed to her. In

refusing to answer, Mrs. Donaldson did not invoke any statutory privilege

or any privilege derived from the Florida or United States Constitution. (A

copy of the sworn statement of Rosita Donaldson is attached hereto as Exhibit

B.)

4) Mrs. Donaldsons refusal to testify in the above-described

proceeding, despite having received a court- authorized subpoena, constitutes

indirect criminal contempt of this Honorable Court.

Accordingly, the State of Florida respectfully moves this Honorable

Court to issue an Order to Show Cause to Rosita Donaldson directing her to

appear and answer why she should not be held in indirect criminal contempt of

court for willfully refusing to comply with a lawful, court-authorized

subpoena.

I HEREBY CERTIFY that the foregoing MOTION FOR ORDER TO SHOW CAUSE

WHY ROSITA DONALDSON SHOULD NOT BE HELD IN CONTEMPT OF COURT

has been furnished to Ralph Fernandez, Esquire, 109 S. Moody Ave, Tampa, FL
33609, via E-mail RALPH@REFERNANDEZLAW.COM, this __6th___ day of

December, 2017.

Respectfully submitted,

ANDREW H. WARREN
STATE ATTORNEY

/S/SCOTT HARMON
MailProcessingStaff@SAO13th.com
SCOTT HARMON
ASSISTANT STATE ATTORNEY
FLORIDA BAR# 0933775
STATE ATTORNEY'S OFFICE
419 N. PIERCE ST.
TAMPA, FL 33602-4022
(813) 272-5400

SH/als

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