MEMORANDUM OF POINTS AND AUTHORITIES
I. STATEMENT OF FACT
[Type Statement of Fact for MOTION TO EXCLUDE SPECTATORS, EXCEPT FOR THE PRESS AND SUPPORT PERSONS DURING VICTIM TESTIMONY here.]
II. LAW AND ARGUMENT
Arizona Rule of Criminal Procedure 9.3(c) provides:
c. Protection of Witness
The court may, in its discretion, exclude all spectators except representatives of the press during the testimony of a witness whenever reasonably necessary to prevent embarrassment or emotional disturbance of the witness.
The court should exercise its discretion to
protect the victim-witness. Such an exercise of discretion to protect the
victim-witness is in accord with the intent of the victim’s constitutional
[Type conclusion here] Therefore, in order to prevent embarrassment or emotional disturbance of the victim, and in order to preserve his/her constitutional rights, the victim, through his/her undersigned counsel, hereby moves to exclude all spectators who are not members of the press and/or who are not support persons of the victim.
Respectfully submitted this _______ day of ________________, _____.
Attorney for Crime Victim