STATE OF GEORGIA

STATE OF GEORGIA       *

vs.                    * INDICTMENT NO.:

                       *

MOTION TO EXCLUDE REFERENCES
TO GANGS AND GANG ACTIVITY

COME NOW the Defendant in the above styled case and files this his Motion to exclude and reference to gangs and gang activity by the defendant and/or his co-defendants and as grounds therefore show the Court as follows:

1.

Evidence of gang related activity is character evidence, which the State may not introduce without the Defendant’s first introducing good character evidence.

2.

Any such evidence is not relevant to the case at bar and would be introduced by the State merely to show bad character of the Defendant.

3.

Any such evidence is not probative of the issues presented in the case at bar.

4.

Any such evidence would have a prejudicial and highly inflammatory effect on the jury and would unduly prejudice the defendant at the trial of his case.

WHEREFORE, the Defendant prays that this Court conduct a hearing on the above Motion and prohibit the State from introducing any testimony concerning gangs or gang activity.

Respectfully submitted,

______________________

Susan E. Teaster

Attorney for Defendant