Anatomy of a Botched Conviction: How was Innocent Haitian Woman Convicted?
Here's how Justice System let Innocent Woman sit in jail for 3 months
It may be my comments posted in the Sentinel under the second article that drew my latest anonymous whacko to this blog, though I never linked it anywhere. Anyone with the MBI, the State Attorney's Office, or the Office of the Statewide Prosecutor in Central Florida knows who I am. Oh well, perhaps I will now post a blog link there as the great majority commenting on the case are real people, not law enforcement or prosecutors hiding behind anonymity.
One thing that I must note here: Anthony Colarossi was the Sentinel reporter that covered my trial. He's a nice guy, though a bit naïve. However, in his articles about my trial back in January of 2003, he attributed various statements to me that I did not make. My evidence is the fact that I sat with my attorney on a bench in the hallway after the jury acquitted me on both counts and spoke to Mr. Colarossi when he approached us. My attorney and I knew that these statements attributed to me were not made by me.
When I questioned Mr. Colarossi on the phone later I was told that they ran it how his editor wanted it to be, but that I couldn't sue the Sentinel as no quotations were used. It was done in the format of "Gallas stated blah blah blah…" That former editor is Jane Healy, friend to the MBI in past. She is supposedly retired now, but does an occasional column for the Orlando Sentinel. Thanks a fucking lot to Jane Healy for twisting my words in favor of the MBI. I never wanted to sue the Sentinel, though I really resented the false attribution. And now to continue…
I must assume that Malenne Joseph has located an attorney to file suit against the inept detective and various state agencies that are responsible for her false arrest, false conviction, and incarceration. BUT the one party that should be sued cannot be sued: Assistant State Attorney Mexcye Roberts. Sure, Orlando P.D. officer Jose Varela, the inept detective, should also be sued, but really the prosecutor is the one that turned an inept cop's investigation into a conviction in the courtroom, and did so knowingly. Add one more conviction to that belt of false convictions
Mexcye – it is your job to convict regardless of facts or truth, right?
We must wonder how many time ASA Mexcye Roberts has accumulated notches on her proverbial conviction belt by tainting evidence and promoting false testimony. Surely no one believes that this is a first time for the up-and-coming prosecutor in Orange County's Ninth Judicial Circuit. And then there is the elected State Attorney in the Ninth – Lawson Lamar, known to many as "lawless Lamar". Who in the hell votes for this guy? He has been re-elected so many times that I must believe he's tampering with the votes. Don't just believe me – check with some Chinese hackers – the software in our voting machines is easily hacked.
There is a story behind that check with some Chinese hackers statement, but I won't go there now.
What should be done with prosecutors that violate defendants' right to a fair trial by committing gross acts of misconduct? And what are "gross acts of misconduct"? Examples of serious prosecutorial misconduct:
Failure to disclose evidence favorable to the defendant (Brady violation) – (significant in my case)
Discovery violations (various) – (significant in my case)
Selective prosecution – (obvious in my case)
Malicious prosecution – (clear and obvious when one listens to hearing and trial CDs)
Subornation of perjury – (committed repeatedly by lead prosecutor in my case with several state witnesses)
Jury tampering – (main case agent or prosecutor or both in my case? – hard to tell who specifically was guilty of jury tampering, but one or both were for sure)
Threatening state witnesses with retaliation if testimony doesn't satisfy prosecutors – (a common tactic in conspiracy cases and committed repeatedly in my case)
This is only a short list of the possibilities, but each and every one is a civil rights violation. The results could range from inconsequential to significantly important and resulting in a false conviction. In my case there was no conviction as we chose an intelligent jury AND I chose to testify in my defense. The jury had to hear the truth and I subjected myself to a full day of drilling by John Craft in order to tell it.
John Craft retired shortly after my trial and went into private practice in the Orlando area (actually in nearby Seminole County). Craft didn't last as a defense attorney, but I sure didn't expect him to. John Craft attempted to return to work as a prosecutor for the State of Florida with the Office of Statewide Prosecution (OSP); however, then State Attorney General Charlie Crist (now our Governor) refused Craft in a two page letter that was placed in Craft's permanent file. Craft was told that he would never work for the State of Florida again.
John Craft is now an Assistant U.S. Attorney (AUSA) in the Eastern District of Texas. He is not assigned very many cases – mainly minor drug crap – and is more of a paper pusher these days. Lucky him that he has any income and retirement at all.
A prosecutor really can't be sued for actions as a prosecutor. It is possible, but rare that such civil suits get anywhere. A USA Today article dated October 5, 2010 states that, "The U.S. Supreme Court is scheduled to consider another aspect of prosecutorial immunity: whether people who were wrongly convicted can take local prosecutors' offices to court."
The article is: Prosecuting Offices' Immunity Tested
If you read that USA Today article you'll understand that such a ruling wouldn't help a defendant like me that was acquitted by a jury. I have no recourse available to me whatsoever. Convicted defendant Malenne Joseph will certainly be able to file a civil suit against her persecutor if the ruling leans this direction, and if it could be applied retroactively – two big ifs.
In my opinion prosecutors guilty of such dark side justice should lose all possible retirement money, lose the job, be sanctioned by the state bar, and serve prison time equal to the time the defendant/victim served. But what of the prosecutor, such as John Craft, that was unsuccessful?
For a wealth of information on the topic of prosecutorial misconduct, go to Truth in Justice.
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