Filing# 176658945 E-Filed 07/03/2023 06:50:25 PM

IN THE CIRCUIT COURT OF THE 17th JUDICIAL

CIRCUIT IN AND FOR BROWARD COUNTY,
FLORIDA

CASE NO.: CACE- 19-80000

IN RE: MARJORY STONEMAN DOUGLAS CASES

i

PERTAINS TO: CACE 18-009607 // MEADOW POLLACK

CACE 19-19402 // LUKE THOMAS HOYER
CACE 19-023307 // ALAINA PETTY
CACE 19-026088 // MADELINE"MADDY" WILFORD
CACE 19-007723 // ALEX SCHACHTER

PLAINTIFFS' MOTION TO PERMIT REENACTMENT FOR PURPOSES OF CREATING

DEMONSTRATIVE EXHIBIT

by and through undersigned counsel, pursuant to Rule 1.350 of the Florida Rules of Civil
Plaintiffs,

Procedure, hereby request permission to enter Marjory Stoneman Douglas High School for the purpose of

conducting audio and video recordings of a reenactment that would parallelthe killer's movements, and the

gunfire,inside of Building 12, in relation to Defendant Scot Peterson's movements and actions outside of the

building,in order to demonstrate that Peterson could hear the gunshots and derive where they were coming

the weight and accuracy that this proposed reenactment will

from. Neither ofthe previous inspectionsparallel

provide.Although the Plaintiffs have ample evidence that Peterson heard upwards of 70 shots,and knew where

they were coming from, such demonstrative evidence cannot be duplicated.

Videotaped reenactments are admissible if they aid the jury and are "conducted under sufficiently

similar circumstances." See Dowell v. State,516 So.2d 271, 274 (Fla.2d DCA 1987) (citingYoung v. Ill. Cen.

GufR.R., 618 F.2d 332, 337-38 (5thCir. 1980). See also Fin v. Ryder TruckRentals, Inc.,340 So.2d 962,964-

65 (Fla.3d DCA 1976) (quoting Hq# v. Belcastro, 111 So.2d 476,479 (Fla.3dDCA 1961) (
..,,,
'Experimental

evidence should be... admitted only when it is obvious to the court from the nature ofthe experimentsthat the

jury will be enlightenedrather than confused"... [andl that the experiment was made under conditions

similar to those which prevailed at the time of the accident...."').

substantially This is no less true in cases

involving a shooting.In Faldes v. State,320 So.3d 235 (Fla.3d DCA 2021), review denied, No. SC21-664,

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/03/2023 06:50:21 PM.****
2021 WL 5984421 (Fla.Dec. 17,2021), defendant "Valdes did not testify
in his defense, but his self-defense

claim was presentedto the jury through his recorded interviews,as well as a video depictingthe reenactment

of the shooting,which were played to the jury."Id at 239.

Like the shooting reenactment video of the defendant's actions in Faldes, Plaintiffs' proposed

which will
reenactment will allow for an accurate depictionof Defendant Scot Peterson and his (in)actions,

enlightenthe jury and satisfy

the "sufficiently
similar" standard. Here, Plaintiffs will conduct the reenactment

under circumstances which provide for a near-perfect

simulation ofthe events that transpiredon the day ofthe

shooting:using the same Smith & Wesson model M&P 15 semi-automatic rifle as the killer;using the same

of cartridgeas the killer,albeit with blanks; while turningthe

caliber/type fire alarm on and off at the correct

times; and while borrowing a golfcartfrom the school grounds to simulate Peterson's transportation
to Building

12 during the shooting.

The reenactment will be done by Plaintiffs' attorneys, agents, and experts at the Plaintiffs' expense.

Plaintiffs estimate that the reenactment should last approximately two hours. Entry is requested on a date to

be determined as mutually agreeableby counsel, preferablyin the summer before school starts, or, if after

school is in session,then on the weekend.

Respectfullysubmitted,

BRILL & RINALDI, THE LAW FIRM

17150 Royal Palm Boulevard, Suite 2
Weston, Florida 33326
Telephone No. (954) 876-4344
Facsimile No. (954) 384-6226
David W. Brill,Esq.
Florida Bar No. 959560

Primary e-mail. david@brillrinaldi.corn

Secondary e-mail. com
Joseph J. Rinaldi, Jr., Esq.
Florida Bar No. 581941
Primary e-mail.
Secondary e-mail. com

+AND +

Joel S. Perwin, P.A.

Alfred I. Dupont Building,Suite 1422
 169 East FlaglerStreet
Miami, Florida 33131
Telephone No. (305) 779-6090
Facsimile No. (305) 779-6095
Joel S. Perwin, Esq.
Florida Bar No. 316814
Primary e-mail. jperwin@perwinlaw.com
Secondary e-mail: sbigelow@perwinlaw.com

+AND +

TRACY CONSIDINE, P.A.

1 Sleiman Parkway, Suite 210
Jacksonville,Florida 32216
Telephone No. (904) 636-9777
Facsimile No. (904) 636-5665
Tracy Considine, Esq.
Florida Bar No. 599816
Primary e-mail: com
Secondary e-mail: jcolucci@tcjaxlaw.com

By: D-Uqu.Bmu
David W. Brill,Esq.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 3,2023, I electronically

filed the foregoingdocument with the Clerk

of the Court using the ePortal system. I also that the foregoingdocument
certify is being served this day on

all counsel of record identified on the Clerk of Court's Service List via transmission ofNotices of Electronic

Filinggeneratedby the ePortal system or in some other authorized manner for those counsel or partieswho

Notices of Electronic Filing.

are not authorized to receive electronically

By: D-Uqu.Bmu
David W. Brill,Esq.