Shoplifting, Larceny, Robbery, Theft Exculpatory Evidence

[LindaM]

I have been waiting for original discovery of the State's evidence for 4 years!

I have been waiting for additional discovery from the plaintiff for two years!!

The one item I am waiting for from 4 years ago was a part of the evidence presented to the State by the plaintiff. It was in the plaintiff's possession, the detective's possession and the State's possession and the State at this time cannot seem to come up with it. It is the plaintiff's primary evidence and also is exculpatory in that it is a computerized report that contains massive errors generated by the computer itself. With this evidence I could prove that I am not guilty of the Grand Theft that I have been charged with.

I understand that it is the prosecutor's duty to find any and all evidence in existence that would either help me or not. It is their duty.

I have gone through at least 8 prosecutors in the last four year and not one of them want this case. Two of them have said that the plaintiff is slightly "nuts".

I need to know what else can be done to get all the court ordered documents from the plaintiff and the remaining court ordered report which everyone says they did have and now cannot find or they lost it or they just don't want to turn it over. As it is also the plaintiff's Primary evidence, without it, all other charts and graphs that were put together are null and void. I can't seem to get my attorney to do anything but continued to go along with waiting and waiting -- for four years-- and two years-- for these items ordered by the Court.

I don't understand why someone has not been charged with contempt of a court order yet!!!

I really need someone's help. I cannot get my attorney to talk to me, to inform me of procedures or anything. I have had to do all the research I can through law books and the internet.

I am going before the Judge on Thursday for him to offer me a plea. My attorney seems to think I should take the plea of no contest. I cannot do this!!! I cannot plead no contest to something I did not do and can prove it if the Court and my attorney would please put some pressure on the State and the plaintiff to comply.

At this point, I do believe I am entitled to file a Motion for Dismissal based on due process and also based on the fact that for four years no one has come up with the exculpatory evidence that was a part of the original evidence submitted by the "victim" to the detective and then turned over to the State. SOMEONE NEEDS TO BE HELD RESPONSIBLE FOR DENYING ME THE EVIDENCE I NEED TO PROVE NOTHING WAS STOLEN!!!!!!

 

[Michael Wechsler]

Hearing from you that your attorney is denying you information doesn't sound right. Can you elaborate? You can fire your attorney at any time. I'm a little confused since you are in a criminal proceeding and make reference to the "plaintiff" which there wouldn't be any. Could you elaborate?

Originally posted by LindaM
I have been waiting for original discovery of the State's evidence for 4 years!

I have been waiting for additional discovery from the plaintiff for two years!!

The one item I am waiting for from 4 years ago was a part of the evidence presented to the State by the plaintiff. It was in the plaintiff's possession, the detective's possession and the State's possession and the State at this time cannot seem to come up with it. It is the plaintiff's primary evidence and also is exculpatory in that it is a computerized report that contains massive errors generated by the computer itself. With this evidence I could prove that I am not guilty of the Grand Theft that I have been charged with.

I understand that it is the prosecutor's duty to find any and all evidence in existence that would either help me or not. It is their duty.

I have gone through at least 8 prosecutors in the last four year and not one of them want this case. Two of them have said that the plaintiff is slightly "nuts".

I need to know what else can be done to get all the court ordered documents from the plaintiff and the remaining court ordered report which everyone says they did have and now cannot find or they lost it or they just don't want to turn it over. As it is also the plaintiff's Primary evidence, without it, all other charts and graphs that were put together are null and void. I can't seem to get my attorney to do anything but continued to go along with waiting and waiting -- for four years-- and two years-- for these items ordered by the Court.

I don't understand why someone has not been charged with contempt of a court order yet!!!

I really need someone's help. I cannot get my attorney to talk to me, to inform me of procedures or anything. I have had to do all the research I can through law books and the internet.

I am going before the Judge on Thursday for him to offer me a plea. My attorney seems to think I should take the plea of no contest. I cannot do this!!! I cannot plead no contest to something I did not do and can prove it if the Court and my attorney would please put some pressure on the State and the plaintiff to comply.

At this point, I do believe I am entitled to file a Motion for Dismissal based on due process and also based on the fact that for four years no one has come up with the exculpatory evidence that was a part of the original evidence submitted by the "victim" to the detective and then turned over to the State. SOMEONE NEEDS TO BE HELD RESPONSIBLE FOR DENYING ME THE EVIDENCE I NEED TO PROVE NOTHING WAS STOLEN!!!!!!

 

[LindaM]

The plaintiff I was referring to is the lady who made the claim that I stole from her.

The case was filed in March of 2000. Among the evidence that this lady presented to the detective was a secret maid's report, reservation book sheets, and computerized telephone reports. She started with the maid's reports, compared them to the reservation sheets and if there was a discrepancy (the maid showing a room occupied and the reservation sheet showing it empty, she then used the computerized telephone reports to see if a phone call was made from the room. If it was, according to the report, then she assumed that the maid's report was correct and my reservation book was wrong. After comparing these items, she then made up a chart with "P's" on it to indicate that it was a room that I did not collect rent from. The computerized telephone reports are not correct. They are generated by date or by room and the computer lists supposedly all calls made from that room on those days. There is only one problem with that procedure--the computerized telephone reports are wrong. They reflect calls that people did not make, they charge for incompletely dialed numbers, they record overlapping phone calls (it shows a call being made from a room at 9:00 a.m. and lasting for 20 minutes with the next phone call being made at 9:10 a.m. and lasting for 32 minutes and another call made at 9:20 a.m. and lasting for 5 minutes!) and they also add calls to rooms that people say they did not make. That is impossible! I have approximately ten pages of that computerized telephone report which was from my unit that shows exactly these types of errors. These reports, if someone would just turn them over, be to my benefit and yet my attorney does nothing to find out where the reports are. It is my assumption that the prosecution has either lost them or are refusing to turn them over!! This is not only primary evidence that cannot be produced; but it is exculpatory because I can prove that these telephone reports, because of their inaccuracy, should never had been used at all!!

I have requested my attorney on numerous occasions to motion for Exhibit 7; or, at the very least, find out where they are!! I cannot get him to do this. He did indicate to me today that after we hear what the Judge has to offer on Thursday, then he will file the motions. I had to ask him if he meant a motion for dismissal based on the failure to obtain Exhibit 7 and he said yes. I am sure I have been denied due process and this case should be dismissed.

I also have a Motion for Discovery for items necessary for my defense that is two years old. After two years, the prosecution finally got approximately 5 items that were supposedly on the Order (out of approximately 22 items). At least two of the five were items that she tried to substitute for what I ask for. I asked for the Rent and Income Reports and Expense Reports. What I got was no Expense Report and copies out of a spiral bound notebook for the Rent and Income Reports. The Rent and Income Reports as well as the Expense Reports were done by me on ledger paper. The spiral bound notebooks were sometimes used as a preliminary entry before entering it onto the ledger sheets. I also asked for all the Confirmation Reservation letters that she sent to guests as well as the Cancellation Letters she wrote to guests (she lives in Parma, Ohio and the motel is in Fort Lauderdale, FL). What I got was contents of a folder marked correspondence. This was correspondence that was made between me and her and had nothing to do with any letters sent to the guests. We have yet to receive the remaining 19-20 documents that were on the Order.

She has blatantly lied in her deposition. She states she NEVER told anyone that I stole $100,000 (the charge was for $26,000).
I have in my possession the original letter sent to the guest where she states that I stole $100,000 and that I had been in prison. That is not true either!!! I believe that is called libel!!

The detective lied in his deposition when he states that he found the UHaul place where I rented a truck from by calling the different UHaul places around Ft. Lauderdale. Problem being I did not rent the truck--my boyfriend did. My name does not appear anywhere in the documents which we still have. He also did no investigation at all; he did not talk with my boyfriend nor with me; although he states in his deposition that he likes to interview the accused to get both sides of the story. He did nothing. He did state in his deposition that he found the owner to be very charming and called her numerous times on the phone to "see how she was doing".

I do not believe at this point that things are on the up and up. You are right when you say something is not right.

I was also threatened with my bond being revoked if my boyfriend did not stop investigating a small claims court case that he filed against the owner of the motel because she did not pay him his proper bonus nor did she pay him his last check after begging him to stay until she could find someone to take the positions. His case had nothing to do with mine. He stayed almost an extra month for her. She also illegally withheld two of my paychecks and illegally started deducting $100 per pay from mine without my consent. The day she first accused me of stealing from her in 1998 she had just found out that I was on probation and told me that she would help me finish off my restitution. I assumed that she was deducting this money in order to help me finish the restitution. I found out later, when I was arrested for violating my probation because no payments were received, that she just kept the money because she was so convinced that money was missing.

One of the items of the 22 items that I requested was a report that both the maid and myself filled out and signed. She claims that they discontinued using them almost immediately because she claims I forged the maid's signature. I never did. There was no need to. I continued to use these sheets up until the time I left and these were faxed to her on a daily basis! The secret maid reports she used in her evidence, if you glance at them, were all made with the same pen and does not appear even to be the maid's writing (it appears to be the owner's) and she claims these were made out by the maid and mailed to her monthly. I can't believe that anyone uses the same pen for over four years. The reports that contain the signatures are the legitimate reports--the ones she says we discontinued.

The owner claimed in the beginning that $100,000 in CASH was missing in 1997; she then said it was $26,000 in CASH. Anyone knows that it would be impossible for anyone to take $26,000 in CASH from a 20-unit motel in less than one year. Most guests pay with credit cards or travelers checks and personal checks. Very little cash comes in to motels.

I have also told my attorney I want to get depositions from numerous people; i.e. former managers, Kelly girls that replaced me in the office when I went to see my daughter, several guests, and Dr. Miller, the owner's husband, and the maid's son who worked at the motel assisting with the maintenance. He has yet to request from the Court that these depositions be taken. We are still waiting for the deposition of the owner's bookkeeper who the owner stated in her deposition is the one who did all the comparisons and made up the papers submitted as evidence. We were granted this deposition by the Court over two years ago.

One of the prosecutors told my attorney that the owner of the motel is afraid to turn over the papers because will we use them against her. Two of the prosecutors have said they think this woman is nuts. I have already gone through approximately 8 prosecutors of which 8 have stated at one time or another they don't want this case.

Just because this woman is extremely rich and attends Governors' parties, does not make her right!!!!!! Is there a Florida law that requires automatic dismissal after so many prosecutors have had the case? I know there is such a law in at least one other state.

According to my attorney, the Judge will probably offer a plea of No Contest and he will consider the four years on bond as time served and close the case. I cannot take this plea or any other short of dismissal for something I did not do!! My attorney keeps telling me that if I do not take this plea and I (not him!!) lose the case, I will go to prison for five years. He seems to be on their side and is not doing what is best for me by filing the proper motions.

I travel over 200 miles each time I have to appear in Court and also lose a day's wages. I have probably appeared 20-30 times in Court. This has cost both me and my boyfriend thousands more than it should have because my attorney should have filed motions for dismissal years ago.

She claims that I took this CASH yet paid us a bonus in 1998 (not the amount she was supposed to). The bonus is based on income for the current year (the year she claims the money was taken) compared to the previous year.

Shouldn't the case have been dismissed since either the police or the prosecution has lost the evidence that is both primary and exculpatory?

Shouldn't this case have been charged under fraud rather than grand theft? For grand theft, she would have to prove money was there and then taken. Under fraud, she would have had to have an audit done which would have proved nothing was taken.

Can the Judge rescind an order for discovery? Can the substitute Judge I have now rescind the other Judge's order? My attorney tells me when I ask him a question: "Anything is possible." I thought there were laws governing motions and orders also.

The corruption in Broward County is unbelievable!!

If you need any more information, I have more. After all, this case has been going on for four years!!

 

[tiff]

the judge wont let evidence in that shows iam not gulty

i need help fast the judge wont let evidence in that will prove iam not gulty a wittness tes.. is wont he wont let in that proves that it was a set up and the D.A. knows that if that witnness comes to court it would be thown out with out that evidence it just a case of he said she siad and the evidence proves that the plantif is not only off in the head but the plantif stated to this wittnees the they where going to set it all up to put me in jail and it would work i need that evidence is it against the las to wihthodl evidence



sorry not good speller please help me