State v. D'Amato

This is an appeal by the State of Florida1 from an order granting defendants’ motion to suppress defendants’ depositions upon which a charge of perjury had been brought by the State.2

A person (not a party to this appeal), Mitchell Dale Wilkey, was arrested by the defendant police officers. Subsequently, Wilkey was charged by the State with aggravated battery and driving while intoxicated. The State deposed two persons as witnesses. These witnesses gave testimony and supplied pictures which refuted the police officers’ version of events which led to Wilkey’s arrest. Wilkey, thereafter,…