Case No.: No. 98-CR-00120

Maurice Edward, Brahier's (of the People) Request for Grand Jury Transcripts

As stated previously before this court, I request a copy of the full Grand Jury transcript, records, reports, and any other materials of evidential matter produced and or introduced and or educed pursuant to indictment and or claim of crime committed.

Reasons for such request exist upon the record, and are extended and or refreshed hereon and hereby.

Further and or additional reasons and or refreshment of specific (though not limited to) issues are:

That I can not fully comprehend the nature of and or cause concerning this purported indictment and or claim of crime committed;

I can not properly nor fully proceed before this court or any other court until I review the transcript(s) and or evidential materials;

That Commonwealth did state upon the record that it intended to and or was proceeding with PFO (persistent felony offender) request before the Peoples' Grand Jury for which I require and shall receive any and all presentations thereof and or included within that record as well;

I may have just cause to bring (counter) complaint and or possibly request for indictment before the Peoples' Grand Jury for matters which may include deliberate defrauding the of the Peoples' Grand Jury, withholding evidence from the Peoples' Grand Jury, false and or deliberately fraudulent evidence produced before and or to the Peoples' Grand Jury; misfeasance, malfeasance, abuse of office and or power; selective and or malicious prosecution, and or other issues of law and or fact which might be obtain or evidenced within the records and or transcript of the Peoples' Grand Jury to which I am entitled for my possible defense and or other usage.

I can not adequately prepare a Bill of Particulars directed toward this purported entity COMMONWEALTH OF KENTUCKY and or its' representative(s) and or this court.

I can not even properly submit challenge of jurisdiction if it might apply or request representation, or enter a plea.

The law contains these non-discretionary statements (though I do not limit myself to these elements hereby) concerning the requested materials and or evidential items and or rights of defense or for prosecution: Chapter 505 Kentucky Criminal Law (hereinafter referred to as KCL) as codified; KRS 530.050(2)"... which he can reasonably provide..."; Constitution of Kentucky at 227, 151, 115, 110, 26, 19, 18, 14, 13, 12, 11, 10, 9, 7, 4, 3, 2, 1; U.S. Constitution at Amendments I, IV, V, VI, VIII, IX, X, XIII, XIV; KCL - Title III at 15.734, Chapter 17 as codified and with direction to (though not limited hereby) 17.150, Chapter 31 as codified in 31.010-31.150; KRS 519.060; KRS 519.040; KRS 519.020; KRS 517.050; KRS 516.110; KRS 516.060; KRS 514.080; KRS 509.080; KRS 509.040 and or other provisions of KCL Chapter 509 and or Chapter 508; KRS 506.040 and or provisions of KCL Chapter 506; KRS 505.040; and or other provisions and law within KCL and or inherent and or inalienable rights of the People.

I properly proceed with this request under provisions listed within (though not limited to or hereby): KRE 1005, KRE 608, and other provisions listed within Kentucky Rules of Evidence; KRS 532.080; RCP (Rules of Criminal Procedure) 5.24(1), 5.16(3) and other inclusions; OAG 80-97;

Matthews v. Pound, 403 S.W.2d 7 (Ky. Ct. App. 1966) "The report of the grand jury as a body is concluded by its report and subsequent discharge and it is, therefore, incumbent on the court and commonwealth's attorney to see the report is complete..." (emphasis added);

"The transcript of testimony given by witnesses before the grand jury should be (compelling action, emphasis added) retained by the commonwealth's attorney,..." OAG 77-555;

"An indictment, because of its public character, may not be sealed..." (emphasis added) OAG 76-303;

"... the judge had no right to impound (items/record/report)... in order that persons referred to therein would not be "seriously jeopardized"..." Matthews v. Pound, 403 S.W.2d 7 (Ky. Ct. App.(1966)).

There is numerous other case law, rules, etc. which apply, and which, when taken in light of constitutional protections against: selective and or malicious and or false prosecution; and defendant right to produce evidence in their behalf; and the peoples' rights to public records which relate to and or affect them (Freedom of Information Act and as it has been codified in state and federal law), the court finds that it may: exceed its jurisdiction; and or, be deliberate abuse of discretion, to refuse to issue order for protection of the People and their rights. (see U.S. Supreme Court rulings- general research headings; rights of the accused; right to produce evidence; selective and or malicious prosecution; abuse of discretion; grand juries-perjury-false evidence-withholding evidence, and others, which apply)

Wherefore, the court must issue this order if it intends to protect my rights, which it must do, as it has no discretion to do otherwise.

Dated this 30^th day of September, 1998

__________________________

Maurice Edward, Brahier

Pro per, sui juris

Certification of mailings

I certify I have sent this document subtitled MB Request for Grand Jury Transcripts containing these six pages to:

(Copies consist of computer printed copies in this exact format with signatures and dates hand entered)

Calloway County Circuit Court Clerk- Court House, Murray, Ky. = original and 1 copy, copy for return after filing/stamping in s.a.s.e. provided;

COMMONWEALTH OF KENTUCKY attorney

Mike Ward

806 Poplar St.

Benton, Ky. 42025

1 copy,

via regular United States Mail, on this _________ day of _____________ in the nineteen hundredth and ninety eighth year, ANONO DOMINI.

________________________________

Maurice Edward, Brahier

P.O. Box 781