On December 3, 2009; almost 5-1/2 years after I was arrested; I thought I would finally learn what I had done. Judge Haury, Jr. asked Prosecutor Silver to explain how I was involved. The prosecutor stated, “The investigator knows the defendant was involved, but just does not know how”. Judge Haury Jr. ordered us back to court on January 13, 2010, giving Silver an additional 6 weeks to research my involvement or lack of.
On January 13, 2010, Judge Haury Jr. again asked Prosecutor Silver to provide an explanation of my involvement. Silver stated, “Due to the incompetency of the defendant, we are not obligated to provide this information”. The judge seemed surprised, but did not pursue it. Judge Haury, Jr. asked about the taped conversation that was allegedly tampered with. Silver stated, “Due to the incompetency of the defendant, we are not obligated to pursue this”.
Is it a violation of a person's civil rights for a Judge, Prosecutor and/or Court-Appointed Attorney to refuse or withhold the explanation of how a defendant was involved in a case (prior to incompetency and when declared incompetent)?
If it is not a violation of the law to withhold this information due to incompetency, does that mean a person who is declared incompetent has no constitutional rights?
What happens when a prosecutor or an attorney misuses an individual's incompetency to cover-up alleged tampering of evidence; withholding evidence; as an excuse not to move forward; and/or as a legal tactic to prevent the defendant's evidence from being introduced?
Because Mr. Beamer (original court appointed attorney) failed to introduce information and evidence provided to him while I was “competent” the current prosecutor Silver is refusing to provide an explanation to the court as to my involvement or lack of as evidenced by her comments made on January 13, 2010. These comments illustrate a flaw in the legal process, leaving a defendant who is labeled incompetent a victim of attorney and/or prosecutorial misconduct and civil rights violations.
I was declared incompetent by Dr. Brannan in March 2006 while Mr. Beamer was supposed to be protecting my rights. This was about two weeks after my fourth request for a speedy trial; 17 months after I was arrested; and after I asked Judge Lebow, Prosecutor Bell and William Beamer if my 6th Amendment right to a speedy trial was being denied? No one responded. I was ordered to visit Dr. Brannan, who declared me incompetent because I “did not know how” I was involved; which is exactly what Prosecutor Silver said (she does not know how I was involved) almost four years later on December 3, 2009.
Mr. Beamer’s response to my incompetency was “It’s like winning the lottery, you’ll see”. Mr. Beamer had to lie to my doctor in order to obtain a letter from him. This can be verified by my doctor.
On July 10, 2009 Mr. Beamer submitted a motion to withdraw as attorney of record. Within this motion to the court and the documents submitted to the Florida Bar Association (FBA), Mr. Beamer clearly shows he failed to review significant evidence submitted by the defendant and the state, he failed to protect my constitutional and civil rights; he was careless and negligent in his responsibility and he committed perjury in order to cover-up his inability to function as my attorney.
The paragraph below is from Mr. Beamer's response to my complaint filed to the Florida Bar Association. Mr. Beamer’s comment reveals he never looked at the evidence or information I provided him. The conversation between me and lead Medicaid Fraud Control Unit (MFCU) investigator, Officer Joyce Cohen Cavallo occurred after I was arrested, on July 30, 2004 and had nothing to do with why I was arrested. The first time I met Officer Cavallo was on the day she arrested me, July 27, 2004. I was never interviewed or contacted during the investigation. I did not know there was an investigation because I was not working at the facility at the time of the investigation.
Judge Susan Lebow, Criminal Judge
Bill McCollum, Florida Attorney General, current
Captain James Mann, Law Enforcement Captain, OIG
Michael J. Satz, State Attorney, 17th Judicial Circuit
Adria E. Quintela, FBA, Chief Branch Discipline Counsel
Jonathon Dickstein, Court Appointed Attorney