It started in July of 2013 with a knock on my cousin’s door, the house I was living in. Two detectives said my name came up in an investigation and they wanted to ask me some questions. I complied and answered every question honestly, even showed one detective my penis because he said it would help the investigation. I also agreed to take a polygraph (lie detector) test and a Voice Stress Analysis test as well; being told they were more reliable than polygraphs.

A week later I went to the police station and passed my polygraph. During the Voice Stress Analysis test, the detective kept asking me the same question but worded differently in an attempt to trip me up. I voiced my displeasure by saying “I feel like you’re trying to force a confession out of me, and I feel like I should have a lawyer present.” I was passing this test as well, but that statement ended the session when the detective said, “We got him. He lawyered up.” I was allowed to leave the police station.

The Closed Case

Unbeknownst to me, the case was passed over to a DCF (Department of Children and Families) investigator working for the Sheriff’s office. In his first interview with my accuser, he concluded that there was no evidence to support the claims against me.

DCF closed the case because he received inconsistent statements, found that my accuser was a liar, and also had a SAFE exam that contradicted the story told. My accuser’s hymen was still intact, unruptured, and had no signs of sexual activity, i.e., no scarring. Her flat responses and eagerness to tell her story were also reasons why the case was closed.

The Arrest

In August, when a 10 year no-contact civil injunction was placed on me, I had already moved to another county to avoid any unwanted contact with my cousin and her daughter.

I was arrested at the end of November without being told why. No one would reveal my charges. I found out the actual charges after being arrested in Hernando County, held for a week, then transferred to Pinellas County. I was told the charges were very severe by a Sheriff on the day of my arraignment but didn’t learn what the actual charges were until I got my discovery in December of 2013.

After spending a month in county jail, I bonded out, having to wear an ankle monitor because I was a “flight risk.” A man with no passport or history of flying on airplanes, extended travel, or the like was deemed a flight risk. Regardless of this, I paid for the ankle monitor and cellular device linked to it because of my address in a different county. Once a month, I had to drive to the bondman to check in. I did this for two years and three months without issue or violation of the contract signed.

During this time, I was working at Walmart. Management knew of the charges and knew I was being accused. They kept me on staff and helped me transfer from the store in Pinellas to a store in Brooksville. I kept the job until being arrested. After spending time in county jail and then bonding out, I didn’t have a job to return to. I had to lean on family and friends while depleting my savings. I eventually started my own business for finances because I could not obtain new employment with the ankle monitor and the false charges against me. I also had approximately 3 hearings a month at the courthouse in another county, in addition to the monthly drive for the ankle monitor checkup. This is all while trying to avoid contact with my cousin and her daughter who attended the hearings as well. I did this without issue.

The Mistrial

The day of our first trial came in November of 2015, two years after my arrest. The second day of the trial ended with a mistrial verdict due to the state’s witness insinuating I was guilty of a crime I was not on trial for.

A mistrial means that the trial was stopped prematurely and declared void by a judge because of a serious error or misconduct, making a fair verdict impossible. It allows for a retrial – the entire trial process becomes null and void; previous proceedings have no legal effect.

A mistrial usually doesn’t prevent a retrial with the same evidence. However, this judge argued that important evidence could not be used in the new trial. He said that it was already used in a previous trial, so it could not be used in the current trial. No explanation was given for his reasoning with this course of action. He denied the motions in limine from the defense without cause. If he had cause, it was not shown to me by my attorneys.

There were key points of evidence in our trial that would have explained the dynamics of the living conditions of my accuser and her parents, all of which was crucial to laying out the entire situation for the jury. Limiting our method of defense after a mistrial makes it harder to utilize a complete defense. ANY defense present during ANY trial pertaining to the same victim and the same crimes and the same timeline is a viable defense for the defendant.

In October of 2013, my fiancé at the time became pregnant with our son. She informed me of this on the 18th and I was overjoyed. This prompted us to move up our wedding date so that it would be prior to the birth of our son. We were married in April of2014. The pagoda was lovely and the gardens were misted with a gentle rain that blessed our wedding. Our son was born in July.

After our mistrial, another date was set and we began preparing for a second trial. By “preparing,” I mean we asked questions to our attorneys but received no real answers. Just vague reassurances and brush-offs about trial strategy or plausible defenses.

The Alibi

I should mention this now because of the alibi defense I was denied. According to my accuser, she could not recall a solid date for the first instance regarding the allegation. No date was given and the judge said there was no date agreed upon by the state or my accuser.

At the time of the accusation, I lived with my cousin and her daughter. My accuser is my cousin’s daughter. Their names are redacted for legal reasons.

My accuser’s mother was working for a foreclosure attorney’s office at the time of the accusations. She planned to go to Amsterdam for a vacation and asked me to ensure her daughter went to school on the day she left. Her Aunt would pick up my accuser after school and keep her for two days of the weekend, Friday and Saturday. My mother would watch her on Sunday, then return her home that evening.

My accuser’s mother flew out to Amsterdam on Friday morning, April 18th, 2012. I made sure my accuser went to school that day, then went to work around 3 pm. I worked at a restaurant called the Country Harvest, bartending on the weekends.

Driving from Pinellas Park to Clearwater usually takes an hour depending on the traffic. I worked all evening until closing time at 9 pm. My accuser was at her Aunt’s house on the 18th and the 19th. She was given to my mother on the 20th. She was then returned to my care the evening of the 20th so she could go to bed and then be taken to school on the 21st.

During the trials, it was testified to that the trip was a business trip by the mother of my accuser. The Florida Foreclosure Attorney’s office had no business in Amsterdam. This information wasn’t pertinent to the proceedings, but it does show the capacity of the state’s witness for being dishonest.

The state claimed they were never able to “narrow down” an exact date of the first alleged incident. Due to no fault of my own I was never able to procure my timecard from the restaurant I was working at to prove where I was on the 19th of April, 2012.

My attorneys were told there was no definitive date established so an alibi could not be given due to the time frame of the alleged incidents. It was said that nine incidents occurred over the course of one year, beginning on the day her mother went on her trip. After three years of hearings, two police interviews, a transcribed deposition, and three trials, an actual date of the 1st incident COULD NOT BE determined.

However, the two police reports, the deposition, and the testimony of three trials all say that the 1st incident was on April 19th, 2012, after she came home from school.

April 19th, 2012, was a Saturday. The time frame my accuser gave was between 3:30 pm and 4 pm.

I was on my way to work at that time.

Because of the lack of an actual date to go by, I did not have the opportunity to procure the necessary documentation to establish an alibi on paper. However, my father worked as an entertainer playing music at the restaurant on weekends. He was present on the dates in question. With a testimony from both my mother and father, eyewitness accounts of my weekend at the restaurant could have been established and would have given me a complete defense against the allegations.

The judge denied us these testimonies because of the “hearsay” nature of the potential witnesses’ statements. Also because they are my parents. According to the state, they would be prone to help keep me out of prison, regardless of the fact that their testimonies were eyewitness accounts of important evidence to the case.

These details in a case without evidence are crucial to the defense. The blatant disregard of my fundamental rights provided by the 6th Amendment allowed a gross miscarriage of justice to occur leading to my wrongful conviction. Let me backtrack a little before I get too far ahead of myself. Do you remember how I told you the case was closed by a DCF officer before I was arrested? How does one get arrested after a case is closed? Was the case re-opened? No. Was there new evidence found? No. Did I violate my civil injunction? No. How then did I get arrested when the case was closed by a DCF Investigator? The state prosecution presented the initial police report, not the findings from the case being closed.

The Allen Charge

Around February of 2016, the judge is kind enough to let me take off my ankle monitors because I have not missed one court date or one payment, showing my capability of complying with the law. I enjoyed a month of no ankle monitor before being remanded into custody.

It was March 10^th, 2016, that the second trial took place. It went well, or at least I felt that it did. We presented a solid defense against the accusation and my accuser. Incorrectly describing my anatomy and being caught in several lies made my accuser less believable.But the nature of the charges leaves doubt in a lot of people’s minds.

The verdict came back as “hung jury.” They felt there wasn’t enough evidence to convict me, but again, the charge of raping a minor never sits well with anyone. How would you feel as a juror if you were presented with this case? Would you listen to the evidence presented, be swayed by the state, or actually weigh the defense’s argument against your sense of duty to do the right thing? I hope I would remember that a person is innocent until proven guilty. I do not know how I would handle this if I was present on the jury of a case like this. However, the evidence will always show you the truth of the matter at hand.

So another mistrial verdict was about to be given. The judge asked my attorneys if we wanted a mistrial and we said we had no choice. The State was asked the same thing, except that they wanted to issue what’s called an Allen Charge. The judge asked if my attorneys agreed and we stated we would object to the Allen Charge. The judge then proceeds to say that the defense is waiving any objection to the Allen Charge.

Let’s pause at this point because something shouldn’t sit right about that last sentence. We objected to the Allen Charge and then were ignored by the judge. In this instance, the judge demonstrates what is known as prejudice. By saying the defense is waiving any objection to the Allen Charge, he shows his bias for both the defendant and the Defense counsel by ignoring the initial objection. We OBJECTED to the Allen charge and then were ignored by the judge. Why would he do such a thing? Keep this in mind for a little later, would you? I promise it will make sense.

The Allen Charge was issued despite the objection, despite the defense not agreeing to it, and despite the loaded jury instruction that went along with the Allen Charge. The jury came back with a guilty verdict on count three, the lesser of the three charges. This is crucial to the next part of this. Let me stray from the point to give you information I found out after my conviction. Years later, I might add.

On March 10th, 2016, at 10:16 am, Judge William H. Burgess III sent a request to the clerk of circuit court for what is known as a Pre-Sentencing Investigation. The thing about these requests is that they CANNOT be sent without a guilty verdict. At the time the request was sent, we were still in trial. Closing Arguments were done after 12:00, jury deliberations after 2:00, the verdict after the Allen Charge came back after 4:00. You should begin to see my point now.

Another interesting fact about Pre-Sentencing Investigation is that they are ONLY for charges you have been found guilty of. Remember when I said the judge ignored our objection to the Allen Charge? Well, here’s why. He had already submitted his request for a P.S.I. for the three charges. I was found guilty of only one charge. Why would the judge issue a request for something that shouldn’t be requested before a guilty verdict was found for three charges when I was found guilty after the fact for only one charge?

This act shows what’s called prejudice. He had already made up his mind that I was guilty and needed to make sure I was convicted. Hence, the Allen Charge objection being ignored. How else would you explain it? You would have me believe that a trial judge with years of experience as a state prosecutor was ignorant of the law? You would have me believe he knew nothing of the process of how court proceedings work? William H. Burgess III, the man who writes the sentencing guidelines for Florida? No, I think not. He knew exactly what he was doing.

Due Process

Let’s review what we have so far, shall we?

1^st Trial: Mistrial

2^nd Trial: Hung Jury, Allen Charge, Guilty Verdict on Count Three, Mistrial on Counts One and Two

Due Process Violations thus far

1. Denied testimony of officer who closed the case.
2. Improper jury instructions issued for Allen Charge.
3. Improper issuance of an Allen Charge.
4. Filing for a Pre-Sentence Investigation prior to guilty verdict.
5. Issuing a Pre-Sentence Investigation for charges not convicted of.

Surprisingly, there are more of these violations, but I didn’t find out about any of these until after my conviction and after I started learning about the law. Things my attorneys should have protected me from. Things that are illegal but hidden in paperwork, denials of motions and a defendant’s ignorance.

And here is the evidence I was convicted on

1. Hearsay testimony of my accuser.

I would like to point out that there was evidence collected at this point, but it was denied to us during the trial.

Evidence collected that contradicts the allegations

1. SAFE Exam showing no signs of sexual activity.
2. A picture of my flaccid and also erect penis, which does not match the description given.
3. A police report closing the case.
4. A notebook, hand-written by my accuser, containing pictures of penises, a conversation about a rape that happened to her when she was 10, slander about her mother, and the probable reason for her allegations.

At this point in my story, I am now sitting in county jail waiting to be sentenced for a crime I didn’t commit. It was quite a shock and left me disoriented, stunned, and emotionally shattered. My wife is now alone with our 20-month-old son. In a different county. Over the years, I have lost many things, including my marriage due to stress, family members due to death, personal property, and other things that are irrelevant to the story. I mention this so you have a sense of where I am at mentally as the years continue to tick by without an end in sight.re I am at mentally as the years continue to tick by without an end in sight.

The Third Trial

Before my sentencing hearing, I am visited by my attorney. She informs me that the state wants to take me to trial for a third time seeking full sentences for counts one and two. Count three carries a 15-year sentence. The state offers me their first deal: Take 20 years and they won’t seek another trial. Let me explain what I am now facing, so you have a bit of perspective to what I am going up against.

Count 1: Life in prison

Count 2: 30 years in prison

Count 3: 15 years in prison

Knowing this, what would any rational person do? Give in to the crushing weight of that much prison time? Beg for mercy from the court? Break down and cry? I will admit to doing only one of these things.

I cried.

My belief in the justice system, the police force and our government died on that day. There is no justice for the accused.

I decided not to give in to the pressures of life in prison, maintaining my plea of innocence. I will never admit to committing crimes I have never committed. Plain and simple. Hearing the phrase “you are going to prison for life” is a terrifying aspect to process. Many people would take any deal offered for less time or to simply be done with the whole process of court to avoid such a sentence. I, however, refused to bow or bend because I am completely innocent of the allegations made against me.

In September of 2016, I think the last day of the trial was the 22^nd, a bad day for me and my family. The third trial took a total of three days. Three days to utterly ruin my life. Three days to damage the life of my family beyond repair. This may seem exaggerated, but please remember what I truly lost that day.

Everything.

How would you react if you were given life plus 45 years in prison? 45 years and life, for something you can prove never happened with a single piece of paper written and signed by the judge overseeing the case? I am getting ahead of myself. We will come back to that later.

Third trial was a shame. We got my accuser to admit to lying on the witness stand, inaccurately describe my anatomy again, add a new detail to the case that would have made it a physical impossibility to NOT show signs of sexual activity, and give inconsistent testimony for a third time. The detective that handled the case testified to viewing my anatomy, said it matched the description given by my accuser, then couldn’t find his notes in his report regarding the description. The detective also testified to handling the investigation improperly.

Let me explain how these things are SUPPOSED to work. So you know that television doesn’t depict the truth.

Step 1. Allegations are made

Step 2. Recorded interview of alleged victim

Step 3. Investigation proceeds

Step 4. Interview of defendant (suspect)

If conflicting evidence is presented by suspect, then proceed.

Step 5. Second interview of alleged victim to further investigate counter points

Step 6. Evidence collected at scene of crime

Step 7. Second interview of defendant (suspect)

Step 8. Depending on interviews and evidence, arrest warrant filed to apprehend the suspect.

ONLY if there is viable proof of a crime being committed.

My investigation ended at Step 4, after my interview. No counter interrogations were held, no evidence was collected, nothing was really investigated. The initial case was turned over to DCF. After one, ONE, interview with the DCF Officer, the case was closed. Not left open. Not a cold case. Not a pending investigation. CLOSED. End of story.

And yet, here we are. Me writing, you reading.

I was found guilty of everything. Given life without parole, plus an extra 45 years just because.

There were some things that happened in third trial as well that violated my rights to due process. A juror’s cell phone interrupted trial proceedings, showing the lax standard of the courthouse. After a heated debate about mentioning my conviction on count three by the state defense, and having the conclusion being not to go into details about said conviction, the state elicits testimony about the conviction on count three from the lead detective in the case. The state printed improper jury instructions and gave them to the judge and jury. The judge read these improper jury instructions to the jury. There is more, but we didn’t find that out until later so I will go into it momentarily. I am struggling with my composure as I write this. Reliving the case and these three trials mentally is difficult because, looking back at it with a different perspective, you can see how wrong it was. You can see just how much of the process was unjust.

The Appeals

After being sentenced, I began the long, arduous task of trying to convince the judge who had just convicted me that he was wrong. Another thing they don’t tell you is that whenever you appeal a judgement, the motion goes right back to the same judge. The only thing looked at by different judges is the appeal of the denial. This concept confuses me because judges tend to see their rulings through rose colored glasses. Of course the judge would outright deny any motion I send. In the eyes of attorneys or judges, if a nonlawyer disagrees with them, they simply do not understand how the law, due process, or court proceedings actually work – even if the appeal includes a list of the specific violated rights and laws. They think, how can I tell them that they are wrong if I do not have a degree in law?

Motions filed so far

• Direct Appeal: Denied
• Appeal of Direct Appeal: Denied, per curiam affirmed
• Post Conviction Relief 3.850: Summarily denied
• Amended 3.850: Denied
• Appeal of 3.850: Denied at first. 34 grounds denied, 2 grounds appealed: remanded into custody for Evidentiary Hearing
• Evidentiary Hearing: 1 ground abandoned due to neglect of Regional Counsel; 1 ground submitted for hearing; ultimately denied after written argument submitted
• Appeal of Evidentiary Hearing: Denied, per curium Affirmed
• Habeas Corpus: Manifest Injustice: Denied, no opinion offered
• Motion for Rehearing En Banc: Denied, no opinion offered
• Motion for Writ of Opinion: Denied, no opinion offered

There were other motions filed but I have only listed crucial filings. As you can see there hasn’t been much luck with the courts. What kills me the most is how the courts don’t look at the evidence being presented. There is documented proof of everything I am saying: depositions, transcripts testimonies, motions, it’s all on the face of record. Hell, I can literally open a folder and pull out one piece of paper, read four sentences in the paragraph and see, literally, that I am innocent.

New Information

Which brings me to the last part of this little summary. The things we discovered about the case after being convicted. Years later, I might add. Let’s list off some very important documents that were uncovered so you can get an idea of how angry I became when I discovered these gems of truth. It is quite infuriating to know that your attorneys (more than one) all either missed the facts of the case, overlooked them by design, or ignored them completely. How they could is anyone’s guess so I feel it’s best not to theory craft or linger on “what ifs”. It’s poison to do so.

Documents discovered after conviction

1. Presentence Investigation request for 3 counts – time stamped along with transmittal document code.
2. 5 child hearsay hearing motions filed by the defense, the state, and the judge’s violation of ex post facto laws.
3. Motion typed by the judge describing the DCF Officer’s report and why he CLOSED the case.
4. Retirement plan for the DCF officer given instead of his report.

Even with these revelations, I would still like to point out that I was given life in prison with no evidence against me. The case is entirely hearsay.

Before I conclude this lovely document, I will explain two things very briefly so you understand the context: The retirement plan for the DCF officer was sold to us by the Sheriff’s office when I requested his report. They never sent me his interview with my accuser, instead they took my payment and sent me personal information about the officer, his education, his retirement plan, and his wife. I paid for this instead of relevant case information. They refuse to admit making this mistake. The documents and receipt say otherwise.

The ex post facto violation laws are pretty cut and dry. According to the statutes and laws surrounding ex post facto, if you accuse someone of a crime happening in 2011 or 2012, report said crime in 2013, then the law changes in 2014, the statutes and laws of 2011, 2012, and 2013 are the laws that apply to your case, especially if the change in law is more damaging to your case.

At the time of my arrest, prior to the law changing, the statute in place that applied to my case would not allow the state to enter hearsay evidence against me due to age limitations.

Having said this, when they allowed the new ruling on age limitation to the 5 motions they filed after my arrest, after the law changes, after the allegations, they violated the regulation of ex post facto and entered hearsay testimony as evidence against me illegally. Since the only evidence they have is this hearsay evidence, without it there can be no case against me, hence the illegal sentence imposed upon me after false conviction.

Lastly, the state obtained an arrest warrant illegally as well. I only know this because of my Discovery. The initial investigation was an interview between two officers and my accuser. After the case was turned over to DCF, the case was closed. If a judge had been given a report that closed the case for the reasons I mentioned before (lying, inconsistent testimony, no rupture or scarring of the hymen), it is sad to say that no arrest warrant would have been issued. So how did this happen?

State Prosecutors purposefully submitted the first police report alluding to the investigation being open and ongoing. The discovery of my case has the document used to obtain probable cause for an arrest. They used a report that wasn’t even consistent, didn’t contain my interview, or a second interview with my accuser. This demonstrated what is known as Fraud Upon the Court: Malicious intent by the state to knowingly prosecute an innocent defendant.

Conclusion

So that is a brief summary of the past twelve years of my life. Nine years have been spent in prison, desperately trying to find a way to overturn my sentences and finally be done with this.

I leave you with a question. I hope it really makes you think. Have you ever been accused of doing something you can prove you didn’t do?

How would you feel if your life was destroyed because of it?

Thank you for reading this and thank you for the most precious gift any one person can give: Time.

Glossary

Alibi: Proof the accused was elsewhere when the crime allegedly occurred.

Allen Charge: Jury instruction urging agreement after deadlock.

Appeal: Review of a conviction by a higher court.

Bond/Bail: Conditions for release while awaiting trial.

Count: Individual criminal charge.

DCF: Agency investigating child abuse allegations.

Discovery: Evidence exchange before trial.

Due Process: Constitutional right to fairness in court.

Ex Post Facto: Illegal retroactive application of law.

Hearsay: Out-of-court statements used as evidence.

Hung Jury: Jury unable to reach a verdict.

Mistrial: Trial invalidated due to error or deadlock.

Motion: Formal request to the court.

Per Curiam Affirmed: Appeal denied without explanation.

Plea Deal: Agreement to plead guilty for leniency.

Pre-Sentence Investigation: Report prepared before sentencing.

Probable Cause: Basis for arrest or charges.

Post-Conviction Relief: Legal challenge after conviction.

Sexual Assault Forensic Exam (SAFE): an examination provided to an alleged assault victim by medical personnel trained to gather evidence regarding sexual assault in a manner suitable for use in a court of law.

References