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Sunday, November 29, 2009

Police Misconduct


If there is one major lesson that I have learned since Memoirs was published and I started my blog six months ago, it is that the general population does not like to hear about police and prosecutorial misconduct.

Start stating that the U.S. criminal justice system is one of the worst in the Western world, and they tend to disperse in droves. It is not that they are unaware of police misconduct being a problem or the U.S. criminal justice system being problem-filled, but it is more that most do not want to hear it. Sort of like the invasion in Iraq, as long as they do not have to hear about U.S. military personnel and contractors committing war crimes, it can all be buried in the back of the mind.



This reminds me of the three monkeys. I recall the three monkeys from my childhood – one had his eyes covered, one had his ears covered, and the last had his mouth covered. See no evil, speak no evil, and hear no evil. Okay, much of the population in this country enjoys the game of pretending that something doesn't exist or that something is not a problem, perhaps believing that if it is ignored for long enough it will not exist or will go away. It never happened.

A recent reviewer of my book has followed me to two websites with his review, and has the same line of crap as the bad cops did during the case that wasn't a case. Now I get a retired or current cop with an agenda following my book. Nothing I can't handle – the cops in the case were far worse and did so much more than I revealed in the book. The book is police abuse light in comparison to all that they did to me.

Don't believe it?

Well, my proof comes in several forms. I do have documents that are no longer in the recreated court file, and one in particular paints a really nasty picture of the gang of thug agents with the MBI. It is the notarized sworn affidavit that was produced by Dusty during her forced testimony as a state witness. I also have every hearing and the entire two-week trial on CDs.

My best evidence though, is the fact that I did testify in my defense, and was drilled and screamed at by a very experienced prosecutor for most of the day. If I had lied, there is little doubt that they would have pursued perjury charges. I didn't lie at all about anything that I stated.

The final proof comes as a part of the dismissed civil suit that I filed in federal court. You are probably wondering how this could stand as proof, right? You are thinking – but Vicky, they dismissed the suit – and yes, they did, though there was never any denial of the allegations on the part of the parties that I sued. The argument of each party was an official capacity defense. They argued that the criminal acts described in my complaint were committed in the course of official investigation and were therefore excusable. They also argued that "while there was not enough evidence for a conviction, there was enough evidence for an arrest - in other words they had simply expected me to plead guilty!

I filed the suit against former Orange County Sheriff Kevin Beary, former MBI director William Lutz, and the main case agent, Brant Rose, (retired care of the Florida taxpayers immediately following my trial).

For those in the dark here – when one files a civil rights action in federal court, one must state the complaint and swear to it under penalty of perjury.

My complaint was over 30 pages. You can read the complaint if you have a PACER account, and anyone can open a PACER account. That was the entire point of the suit – to create a record of what they did to me, as the files in state court were gutted – the first one stolen in its entirety (all 3 overstuffed volumes that were about each around 8 inches high), and the recreated file disappeared shortly after it was created by prosecutors using only documents from the Office of the Statewide Prosecutor. The clerk's office admitted in writing that many documents were missing from the recreated file anyway, rendering it worthless.

So in a sense it was mission accomplished for me. The complaint is recorded in federal court files and Vicky Gallas sure wasn't charged with perjury. The 11th Circuit has never been friendly to adult business complainants filing civil rights suits, so I don't feel too bad about it all. It is what I expected in our broken criminal justice system.

The only situation that is in the book but that was omitted from the federal complaint is the telephone line-blocks on escort service lines in Orlando area resorts. The particulars are described in Memoirs, so I will not repeat here. The reason that the line-block problem was not included is that I couldn't prove the connection to my arrest and trial, and this is stated clearly in the book. However, note that there either is a connection, or the MBI was unbelievably and incredibly stupid and had no clue as to what was going on in adult business in Orlando from the late 1980s when the blocks began through today.

It is your choice – incredibly dumb and an extravagant waste of local, state, and federal tax money OR connected to the line-block conspiracy that continues today. It is one or the other.


There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.


Charles-Louis de Secondat, baron de La Brède et de Montesquieu (18 January 1689 – 10 February 1755)



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