yoED TO PROVIMON Cl any] B02 yp IN THE CIRCUIT COURT OF THE THIRD JUDICIAL woR 7 cc@MRIRCUIT IN AND FOR COLUMBIA COUNTY, FLORIDA cceNED Rand INS STATE OF FLORIDA, : v. Case No.: 2014-869-CF JOSHUA ORNDOREF, Defendant. / Columb ounty 2022 Ha 29 tgs IN FOR POS: INVICTIC [A TI IG Defendant, Joshua Orndorff, pursuant to Fla. R. Crim. P, 3.853, moves this Honorable Court for DNA testing of the blood samples that were used at trial to Prove intoxication in the above referenced case. E Tested The evidence containing the DNA to be tested is the blood samples that were drawn at the _ at 9:24 PM, and used at trial to proved intoxication. The last Anown location of this evidence is with the FDLE or at the Laboratory Testing facility. The evidence was obtained during the investigation in this case. The Defendant requests the blood be tested for DNA and that DNA be compared to the Defendant’s. This evidence has not previously been tested for DNA. 3-229 Grnieled 10 Potle peeClaim of Innocence The Defendant is innocent of the crime he was convicted of. He was not intoxicated at the time of the incident and the DNA requested will show that the blood tested was not his and will cast doubt on the Defendant's guilt. Identification The identity of the source of the Blood Sample is a genuinely disputed issue in this case. The blood sample introduced at Court was drawn at the scene at 9:26 PM. The Defendant had been airlifted at 8:48 PM and arrived at Shands Hospital at 9:04 PM. There is no way that the blood drawn at the scene at 9:26 PM could be the Defendant’s—he was 30 miles away. The State used the Blood Alcohol Content introduced at trial to prove the element of intoxication in all of the Defendant’s charges. Evidence of intoxication, in this case the Blood Alcohol Test, is dispositive. DNA testing will show that the blood tested was not the Defendant’s. Statement of Facts On Saturday, May 25, 2013, Memorial Day Weekend, the Petitioner, a decorated war veteran, stopped by the VFW in Lake City at 6:19 PM, as show by the time-stamped video footage. Prior to arriving, the only alcohol he had consumed that day was 2 Redd’s Apple Ales around noon. By the time he arrivedat the VFW, the alcohol he previously consumed had completely dissipated. At the VFW he drank 2 draft beers and 1 Jager bomb. At the time, Petitioner weighed just over 200 Ibs. He left the VFW at 8:20 PM, as shown by the time-stamped video footage. The Florida Department of Highway Safety and Motor Vehicles Commercial Drivers License Handbook’s section 2.22.1 deals with Alcohol and Driving. (See Exhibit A) This handbook states that the liver processes one-third an ounce of alcohol per hour and provides a chart showing the correlation between alcohol consumed, weight of the consumer, and the consumer’s Blood Alcohol Content (BAC). A person that consumes two drinks and weighs 200Ibs would have a BAC of .04. That BAC declines at a rate of .01 every 40 minutes. The two drinks the Defendant consumed at noon would have raised his BAC to .04, which would then have dropped back to 0.0 by 2:40PM. At 6:30PM when he consumed three drinks his BAC would have been raised to .06. At 8:30, when the collision happened, his BAC would have then dropped to .03, well below the legal limit. While at the VFW he struck up a conversation with Ted Smith, one of the employees. Mr. Smith had his dog in the VFW and out of nowhere the dog lunged at Petitioner and bit him on the face. Petitioner was in shock and immediately left, After leaving the VFW, at approximately 8:30pm, Petitioner was travelingeast on SW King Street. As he approached the stop sign at the intersection of State Road 47 and SW King Street he applied the brakes; however, they malfunctioned and he was unable to stop. As he entered the intersection, he was struck by | was traveling north on SR 47 and was intoxicated with a mixture of alcohol and opiates (codeine). Petitioner was airlifted from the scene at 8:48 PM and arrived at Shands at the University of Florida in Gainesville at 9:04 PM, where he was treated for his injuries. (See Exhibit B — Admission Records) Officer Bishop states in his Police Report that he arrived on the scene around 9:00 PM. He retrieved a blood kit from his vehicle and asked Trooper Howard to obtain a blood sample. Howard took possession of the blood sample and processed it. (See Exhibit C— Police Reports) Officer Howard states in his Police Report the he was dispatched on May 25%, 2013, at 9:01 PM. He arrived at the crash scene at 9:20 PM and made contact with Officer Bishop. Bishop gave the blood kit to Paramedic Captain Alice Mobley who performed a blood draw at 9:26 PM. Bishop then packaged and sealed two vials into the blood kit box for submission into evidence. (See Exhibit C -Police Reports)The CAD report confirms the times the officers arrived on the scene, although portions look as if they have been redacted or modified. (See Exhib: CAD Report) There is no way that anyone could have drawn the Petitioner’s blood at the scene at 9:26 PM because he left the scene at 8:48 PM. The officers clearly lied. The State did not charge the Petitioner for over 17 months. Then, on October 31, 2014, State Attorney, Jeffrey A. Siegmeister, filed an information in Case No. 14-869-CF charging Petitioner with: Count 1: DUI Manslaughter (F-2); Count 2: DUI Causing Serious Bodily Injury (F-3); Count 3: DUI Property Damage (M-1); Count 4: DUI Property Damage (M-1); and Count 5: DUI Property Damage (M-1). The Admission Records provided to the defense in discovery liad the Petitioner’s admission time redacted. (See Exhibit B) The consent and authorization paperwork for the blood draw show multiple authorizations with the same note-stating that “[patient is] medically unable to sign @ this time,” The same MRN: 02-05-22-72 is used on each one; however, some have the sex listed as Female and some have the sex listed as Male. The name listed on each one is TRAUMA, VENDEE; however, some appear to havesubsequently had the Petitioner’s name hand written at the bottom. (See Exhibit — Blood Draw Authorization) Renee Jordan, a social worker at Shands who testified at Trial, inputted notes and tests into the Petitioner’s medical records after he left the hospital. In those records she listed the Blood Alcohol Content at 261, which is different from what was introduced at trial and different from what is on the lab reports. Around the same time, Jordan also entered into [EM medical record a glucose level of exactly 261. In October 2014, Officer Lena Ward removed a blood sample from evidence and took it “by hand” to Bruce Goldberg, the head toxicologist. Goldberg told her the sample was not proper for testing and Ward replaced it back in storage. Blood evidence was introduced at trial by a former FDLE employee. She testified that a blood draw was taken at the scene and the Blood Alcohol Content was .238 grams of alcohol per 100 milliliters of blood. At no time does she ever say the blood was from the Defendant. The Blood was taken at 9:26 PM; however, the Petitioner was removed from the scene at 8:48 PM—the sample cannot have been the Petitioner’s. (See Exhibit C and D) The jury returned a verdict of guilty as charged on all counts.The State Attorney in this case, Jeffrey Alan Siegmeister, was removed from the bar on December 19, 2019, and on February 24, 2021, was indicted in the : Middle District of Florida on multiple cases. (See Case No. 3:21-CR-00016- MMH-JBT) Siegmeister has admitted to modifying, altering, dismissing and producing criminal charges in other cases. ‘There is ample evidence that someone, possibly Siegmeister, has committed misconduct with regards to the blood samples taken in this case in order to obtain a conviction. Argument The blood samples, which are the lynch pin in the State’s case, are shrouded in impropriety. The blood taken at the scene could not have been the Defendant’s because he had already left the scene almost an hour prior to the blood draw. Why are the blood authorization forms inconsistent with each other? Why did Officer Ward remove a sample “by hand” and take it for testing? Why were the admission records redacted to hide the Defendant’s admission time? Why was information regarding the Defendant’s life flight excluded from discovery? The answer to these questions is quite simple—the blood drawn was not the Defendant's. The State Attomey knew this and the State Attomey again committed misconduct by redacting medical records and withholding evidence.Florida courts have explained, “the purpose of the rule 3.853 is to provide defendants with a means by which to challenge convictions when there is a ‘credible concem that an injustice may have occurred and DNA testing may resolve the issue”. Zollman, 820 So. 2d 1059, 1062 (quoting In Re Amendment to the Florida Rules of Criminal Procedure Creating Riile 3.853 (DNA Testing), 807 So. 2d 633,636 (Fla. 2001)(Anstead, J. concurring). Only when the DNA testing would “shed no light on the defendant’s guilt or innocence” is such testing unwarranted by Fla. R. Crim. Pro. 3.853. See Zollman, 820 So. 2d 1059,1063). Newly discovered DNA evidence meets the “reasonable probability that the Movant would have been acquitted” threshold of Rule 3.853(c)(5)(c), if it “weakens the case against [the defendant] s0 as to give rise to a reasonable doubt as to his culpability.” Williamson v, State, 961 So.3d 229 (Fla. 2007). In Montez v. State, 86 So.3d 1243 (Fla. 2d DCA 2012), the Second District Court held that the Appellant’s claims that the murder weapon, a nylon stocking, would contain the DNA of the person who strangled the victim and the Appellant’s DNA would not be found on the stocking weré sufficient to watrant DNA testing. These allegations had to be taken as true and, in a case involving largély circumstantial evidence, it was difficult to imagine that the existence of other DNAon the murder weapon would not have created at least some reasonable doubt in the minds of the jurors about Appellant’s guilt. In Alexander v. State, 931 So. 2d 946 (Fla. 4" DCA 2006), the Fourth District Court of Appeal reversed and remanded for a new trial where DNA evidence could have shown that the blood tested for a DUI conviction was not the Appellant's. Counsel successfully argued that the amount of alcohol ingested by Appellant did not comport with the test results presented by the State. DNA evidence would have bolstered the position that the blood tested was not the Appellant’s. Furthermore, the Defendant could have argued that the State had a duty to compare DNA of his blood with the testing sample, A .238 Blood Alcohol Content does not comport with the 3 drinks that the Defendant ingested, The results of the DNA testing requested would create a reasonable probability that the Defendant would have been acquitted. These Tesults will weaken the case against the Defendant and give rise to a reasonable doubt as to his culpability... Thi existence of other DNA in the blood samples would create a reasonable doubt in the minds of the jurors about Appellant’s guilt and would eliminate the evidence the State relied on to prove impairment. Postconviction DNA testing of the blood samples are warranted in this case.10 pROMOED IC — Fait : I WR ‘ys OATH Een ARS OR | Under penalties of perjury, I declare that I have read the foregoing motion, that I understand the motion’s content, and that all of the facts alleged in the motion are true and correct. 3/7, / Boze orf, DC # T-1S570q . CERTIFICATE OF SERVICE - I HEREBY CERTIEY that a true and correct copy of the foregoing has been placed in the hands of institutional staff for mailing to: CLERK OF COURT 173 NE Hernando Ave Lake City, FL. 32055 STATE ATTORNEY 173 NE Hernando Ave, Ste. 420 Lake City, FL. 32055 onthis {Tay ot MAGCHe 2022. DC#T-1S209 Hane Guten Incparnins 100S0 StS Go" SET Tasrx, FL sz20Sze 10QO | XHIBIT = TOTAL” INC LUDING THIS OVER LETTER AS PAGE 1 _ [praes 2-2: ACONDENSED PantrouT tae 201S-20l “FLorzipas CDL_ ERS LICENSE Hang Com SsFlorida CDL Handbook 2015-2016 oo ai Wea HE TR if. vi tH hh ik } HE qi WH tt { Hiei a fe af TMT fa bat Hitt { a iW itt i aii aul TH ill af Ht ‘tl Sl ila! ae HH a ae res HE Hi lea 2224 AnttonoE xHipit _" Bo 2 t : US RETORO WAS DBTAINED , POST -CONVI CTO BY_THe APPELLANT /DETENOANT P. N “UNREDACTED” i INE PROVI ACRIVAL Ti « RooM ony S/ Z: © PAGE: REDACTED PAG RECO ° LE PROV 2 Mite AC2WAL TIME HAS Geen CoyeC EO/ WHITaO-cur [TO tiie THe REARS, VIEWE, o€ TRIER Flom KNOWING THe TRUTH. ey Qi OE D THE Cove2ED- Tc R PAGE? The UNREDACTAD Taus . AccucATe FACE E~Printed on 6/26/2019 3:16 PMPage Printed on 6/26/2079 3:16 PMlp ommpotrr, Jost Exc H624902490 OF? TRE 5/25/2013 - 5/26/2013 FACE 5H st REGISTRATION FORN 5/28/2013 tes = lit ld lg bediEXHIBIT = ‘o PAbe D: Reroey Fear TeonPee HowA aiTren on 10/27/2013 ; over S MonTUS AFTER Mie ACCIOENT | W Hh onTeaey To ORIDA TATUTE_© 3llo. Oblo AYA); yer In Hcl Tee, WWAZO CLAIMS HE OBTAINED A CONSENTED TS U; BLOOD _ORAW From THe -DECeNOANT IN LAKE iC AT 9224 pm wie The SAME DereninT WAS bec ATEO INA HOSPITAL, ER. GEO IN GAINESVILLE MNO PAD BEEN foe THE Peevious ZO MINUTES. PAGE 1: REPOTT FRom TeonPEe Bistoe WRITTEN an) \O]20/ zor + fuse WELL BEYOND te RULE Pee peoceoure Definite NE Site OlloG(a) BisHoe CLAIMS AZZIVED AT 1:00 OM swio MACE oNTACT WIT THE DEFENDANT Wito WAS Sometii) love? ZO MILA Pans A HELICOPTER ON Hi WAY “To HeserTAL, NANO ouT ne conkccimsWess . OG hees 5-9: Anontene ReroeT , SPELLEICALLY THE ONG HEM” AS OEFnSEO Silo. Ole 1) (a) warrrent QACY To LA Le AND RIDDLES WITH ConTCAPICTIONS. Bn10 Oi SUARLE KIDPY‘SUPPLEMENTAL NARRATIVE: 051282013 07:52 AM. oo = : 2 aaa faa [LM WARD. [Fppoapencooso_| “C During the course of thie Traffic Homicide investigation (7413-29-06) video ‘evidence was discovered at the Veterans Pr Roxaign Wars (VFW) Post 2206 in Lake Clty, Florida. Thie video evidence showed DUI Manelaughter suspect ore a aertl diving nie venicle within 10 minutes of this fatal crash, This video evidence was given to me by VEW Comman 6 PM. on Monday, May 27,2013 upon 2 gb PNY USB Flash Drive. This video evidence was sul tly to our Evidence Custodian, Judy Morelan, at! “on Tuesday, May 28, 2013. eo ‘SUPPLEMENTAL NARRATIVE: 0002013 12:48 PIS) Rept Oe Dasma boom jeazo [CM WARD. [Fuepozpencooie!_| “C1 During the course of tie Traffie Homicide lavestigation (713-28-006) a warrant was obtained In Alachua County for Soshta Omndortfe medical records ao wall as the actual blood drawn from him at Shands-UF Hospital relating fo hte tal crash. The warrant was served for the blood vial and It was taken Into evidentiary custody at 2:33.P-M. on Tuesday, May 26, 2013. The warrant was served for the medial records and they wore taken into evidentiary custody at 3123 PA on Tuesday, May 28, 2043. This evidence was submitted directly to our Evidence Custodian, siidy on Tuesday, May 28, 2043, gpm {jEdosun Toone aS paboren [RGGNET HOWARO) ea REPORTING OFFICER / SUPERVISOR APPROVAL. 230. som Offense Report Page 2 of 2 0x30 01150FHP Offense Report surrumvenr ues FLORIDA HIGHWAY PATROL 7 ¥ Offense Report HPbisorFots7o4 Hiizmaeisrizzaw | __ [SeVericre crasu recetSeaBo42000 ee i/203 06:41 PM to 05/25/2013 + LOCATION OF OCCURRENCE Estes RG @ swine STREET, LAKE cry, FL 32024 Wives: [WSF Go.ez60 Vehicle [Genders car [PRAFFIC CRASH ion weer Dieu Feo CiRain sro" st Tote Chunkrcwe PERSON: SUSPECT SOSA, IRNBORF Se Toone 3S gar soon srReET Fike crry acho tricia INITIAL NARRATIVE: 10/27/2013 11:37 AM rapeng Fer ad fkanta ome SmaI ——Tipsaist ae TOT i708 Si HOWARE FuPieseercoosor [Ey crash occurred at the intersection of State Road 47 and 19 Street/L arrived at this crash scenie at 9:20 P.M, and made contact with Sergeant William T. Bishop, |.D; #200. Sergeant Bishop advised me that the listed suspect, Joshua Nolan Orndorff, had agreed to provide a voluntary blood sample and was located in the ambulance. ‘Sergeant Bishop requested me to obtain the blood sample from the suspect: ("iiimte contact with hile He Was in-the ambulance (Medic #3) ina field near this crashscene. This field was located on the east shoulder of SW King Street. The suspect had bloodshot, watery eyes and strong odor of an alcoholic beverage coming from his person. | gave a blood kit to Columbia County Paramedic Captain Alice Mobley who performed the voluntary blood draw from the suspect's left hand or: May 25th, 2013 at 9:24 P.M) | witnessed the blood draw and took possession of the two sealed vials of blood on this fate at 9:26 P.M. il packaged and ‘sealed these two vials into the blood kit box for submission into evidence. x On Saturday; May 25th, 2013 at 9:07 P.M.qI was/dispa i'to’a traffic crash that occurred in Columbia County. This Iwas the crash investigator on this case. | returned to this crash scene to gather the information needed to complete my crash report. | generated a traffic crash report under this same case number to document the crash events. I did the tow sheets, press release and followed the tow trucks to the Florida Highway Patrol station located in Lake City, Florida. Sergeant Bishop and | witnessed the vehicles being securely stored for evidence- placed tha |) | sealec:-biood kit into evidence at the sane station af 4:00 AM) REPORTING OFFICER / SUPERVISOR APPROVAL : sss Oa = a aT Tie (eoRPoRAL [Rew HOWARD) ~ ma fae GUWLAAD : ~ tense Report Page 1 oft Case Number: 'FHP713-29-005 Page: 93FHP Offense Report ‘suet uae @ == oe {Bsus HWY 6, Sr i sonss 0 So, SUT 101, LAKE Cry, 30 Offense Rep [RPRuDERiee idaaisiiawer, (Sevenctcrasn Eres SCs ec SeADstza00 LocaTIO oF occunnEnce = — Scie ER @ swiana sTReer, LA ory sa0ze Watiocore [WUT 5 re ue we os aes | (Sa et ea fa at meals D)ciear OStoudy Fog Rain Dsrow Cait Dotner {Uriknown INITIAL NARRAI (a/20/2043 062507 eceashe rd [i peor feet a kal ay [rpeneenanvore [El [ Ont May 25, 2013, responded {9 crash on SR 47 at SW King Street. [ arrived pund:9:00.PM. Within ‘moments of my arrival, | made contact with a: ‘Supervisor from the Columbia County Sheriff's Office. He briefed me ‘on the crash and indicated how serious it was. While looking around the scene | observed two vehicles with damage, both on the east side of SR 47. While looking at the details of the crash | was able to determine that the silver car was travelirtg east on SW King Street and the truck was traveling north on SR 47. ing tt is man was laer identified as Joshua Nolan Orndorf, who is listed as driver 1 on the traffic crash report. | walked within a few feet of the man and observed EMS while they continued to treat his injuries. Based on the totality of the information that | obtained on the crash scene, Ifelt that a blood:sample needed to be obtained from Mr. Orndorff. Within a few minutes ! leamed that Mr. Orndorff was being flown from the scene by helicopter to the hospital. The ambulance transported Mr. Orndorff west on SW King Street to.a grass field where the helicopter would be landing. also went to the grass fiel aa entered the ambulance and with permiasion Srom EMS, | was able to speak to Mr. Omndorf. ident 1op with the Highway tro. ten requested a blood sample from Mr, Omdorf. ir-Omdorf® voluntary agree to provide the sample, ‘While in the ambulance | took approximately 7 digital images of Mr. Orndorff. ‘Tthen.went fo. my vehicle. 2a kit. A few miriutes later{ Tpr: Rodiey Howard arrived at the grass field. ‘Tpr. Howard was the crash investigator, so Thriefed him on my contact with Driver r. Omdorff, including his voluntary agreement to provide a blood sample. | then asked Tpr. Howard to obtain the blood sample, which he Complled, Tpr. Howard took possession ofthe blood sample and processed it according to establshed procedure, ‘After leaving the grass field, | went back to the crash scene, | then met with Cpl. Ward, the Traffic Homicide Investigator. While oni the scene | provided assistance to Cpl. Ward by helping her obtain measurements of the crash scene. This assistance included using a secondary measuring wheel. REPORTING OFFICER / SUPERVISOR APPROVAL re "ar fens Offense Report ” Page t oft— #LORIDA TRAFFIC. CRASH RE! Lone Form |X] SHORT FORM. 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OALLNOTES__= Li we 7 ‘Felted By Dato Gainio Note ‘BHOWELL 05/25/2013 20:34:03 COMBE ABV A MAJOR SOU ROWELL 08/25/2013 20:34:20 StL FC UK COLOR VER BHOWELL 05/25/2013 20:34:38 COMEL AGW TRE FIRE TS COMING FROM ONE OF FIRE HOWELL 05/25/2013 20:34:42 WADY THE POWER POLE, ABULLARD 05/25/2013 20:34:50 DUPLICATE - (SOURCE: THIS CALL) (DESTINATZON: CCERL3CADOOISE2 / ACCIDENT) ‘BNOWELL 05/25/2013. 20:34:58 DUSK IF THE VEH UNOCC THAT IS OM FIRE LINK CREATED BETWEEN INCIDENT (CCPRIICADUO1S62) AND INCIDENT { LeHS13CADO061¢ (ONK OW RRERAENENT 20 You B/c C/o WITH HEAD Img ToupLteats (SOURCE: THIS CALL) (DESTINATLON: cS013¢AD022208 / ACCIDENT) LINK CREATED BETWEEN INCIDENT (CC9013CA0022208) AND INCIDENT [ LUs13CADODE2¢ ‘pv #18 LITTLE SISTER IS TRAP IN THE PC 12 YOF [ADV THE MOM TS ON THE GROUND ADV SHE WAS EJECTED FROM THE BLUE TH ‘OK WHERE THE THE 12 YOA FEMALE FOSS TN THE WOOD ADV THEY ARE LOOKING FOR HER ABULIARD 05/25/2013 HOWELL 05/25/2013 ‘BuOWELL 05/25/2033 FIANICK 05/25/2013, FLAMICK 05/25/2013 ‘BHOWELL, 05/25/2013 Buowe:L, 08/28/2013 BuowL 05/25/2013 BOWELL, 05/25/2013 20:38:57 42 Yor OIE B / UN con ‘BuORELL 05/25/2013 20:39:20 ADV THY WERE I THE TK ADV THEY ARE TRYING TO FLAP THE TE SEARO 05/25/2013. 20: L/C oul STANDBY ALSO CHECKING HRLO BOWELL _08/25/2013.<20"49; ADV THBY HAVE FOUND THE GIRL IH THE WOOD Biifuron 08/25/2013 "20 3002 1081 oouiaRn 05/25/2013 (S035 Le Ra SuABSEATR TANCE) BHomELL 05/25/2013 Suaaos CATR 2 10 MING /SHANO CAIR 3 15 19 urus ABULIARD 05/25/2013 ‘CALL STATUS CHANGED FROM (BEANK) TO-TRADER ALERT. 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DELIVERING ‘-ABULLARD 7 oO osrasyas aaisois6 a pane osasa0i3 - pmano ENDOF CAT ‘CALL HISTORY RECORD Page sofaooN ‘es CECTIFICATE OF BLOOD a : AGAIN, IMPOSSIBLY __Possi@Le To Br Teue. Paacs b-1O: UNSIGNED ConseNTS Feo | pete wnat / AP LANTS HosPirat Bete OS [PAGES |\- IR: CoPtess OF HoSPrTAL RETOCO, Read [eA O20) ES WITH VACIOUS UNIDAS TEAR LE | NUM@PeS, LAB ES , BUCTHIORTES_, SEXES , BLOOD __ eee OTHE. CaneLictiny WhotMation) Pee Val coe RES PONOENCE PRINTOUT _| BETWEEN) STATE _ATTO? NEYS_OFE [Cuts AN [Page 1S: SMALL BM CPL WACO To BUIDENE FOLE _xPLAINIIG NEEO To FACSIFY fl BousTee | IOENCE Due -To NEW LAWS AND PeoPae 7 PeoceouLes FU JUNE—SULY Z201ZB CUSBOIAN EXPLAINING, NEEQ Te MeOoLve With _| Brood Bands mid pridence on June 27,)3 [PAGES | lo - 2 Copy of OLE LerorT witt ZepAciols MADE On AiOENICE oN JUNE ZG 2018 j THe OAY Peio® to EMAIL. a “PAGE 1S: un@etu@eo Retotos CeQuarre CSO _FLORIDA HIGHWAY PATROL SWORN INTERVIEW - ADVICE OF RIGHTS Tam Corporal Lena M. Ward of the Florida Highway Patrol conducting a criminal investigation. This interview is being conducted at _ Shands-UF Hospital Bo (Location) . Today’s Date is _05/26/13 . Thetimeis 2:16 (J AMor(] PM. Persons present at this interview are _Myself, Joshua Nolan Omdorff, and Marjorie Tomines RN (if applicable). ‘This sworn interview is being taken in relation to _Case #713-29-005 At this time I am ‘advising you of your rights. Before I ask yoit any questions, you must understand your rights. ‘You have the right to remain silent. ‘Anything you say can be used against you in court. ‘You have the right to talk to a lawyer for advice before I ask you any questions and to have him with you during questioning. If you cannot afford a lawyer, one will be appointed for you, without cost, before any ques- tioning if you wish. If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time, You also have the right to stop answering at any time until you consilt a lawyer. 1, Joshua Nolan Omdorff had read and explained to me this statement of my rights, and [ understand what my rights are. I am willing at this time to make a statement and answer questions, I do not want a lawyer at this time. Any and all statements given by me will be freely and voluntarily. No promises, threats or inducements of any kind or nature whatsoever have been promised me in order to consent to this interview. KNOWING MY RIGHTS, I HEREBY, PRIOR TO BEING INTERVIEWED, WAIVE MY RIGHTS TO CONSULT WITH A LAWYER OR TO HAVE ONE PRESENT DURING THIS INTERVIEW. I do hereby affix my signature accordingly. @Signed-/s/ Joshua Nolan Omdorft Date 05/26/13 A. Time Witness: _/s/ Cpl. Lena M. Ward Witness: _/s/ Marjorie Tomines Time: 18 A. At this time I will administer the oath, Page 1 of 2 Case Number: _FHP713-29-005 Page _52