When Justice Violates a Person's Rights

August 18, 2010


Today is 6 years and 22 days since I was wrongfully arrested. This is my 38th Court Appearance and my 58th request for an explanation as to how I was involved. I have never received an answer. My case still has not been heard. Information has not been verified and there is no evidence I committed a crime. See probable cause below.

I have made numerous attempts to seek help in finding the truth and in obtaining a fair hearing from the people listed below.

  William Beamer, Court Appointed Attorney
  Officer Joyce Cavallo, Medicaid Fraud Control Unit (MFCU)
  Marianne Bell, State Prosecutor
  Judge Susan Lebow, Criminal Judge
  Judge Bidwell, Mental Health, until 12/2007
  Judge William Haury, Jr
  Captain James Mann, Law Enforcement, OIG
  Adria E. Quintela, FBA, Chief Branch Discipline Counsel
  Michael Satz, State Attorney, 17th Judicial Circuit
  Daphne Gauthier, Court Appointed Attorney
  Prosecutor Silver
  Jonathon Dickstein, Court Appointed Attorney
  Bill McCollum, Florida Attorney General, current
  Court appointed Psychologists


Not one person took the time to review the evidence I provided or the possible violations of my rights. Everyone took the word of Officer Cavallo, even though she was on probation by the Department of Health and Human Services (HHS) for not providing complete and accurate information. Cavallo never took the time to question me or verify any information about me during the investigation. The first time we met was the day she arrested me.


I am innocent and I have never been considered incompetent, until I entered the Broward County Court System. I have been violated by the prosecutors, judges, court appointed attorneys, court appointed psychologists and government officials who chose to turn a blind eye to the evidence (or lack of) and allowed this continued injustice. To charge a person with 10 counts of neglect without evidence or probable cause is a crime and a violation of my constitutional rights.


As I sat with Dr. Ratner this week, I told him I didn't believe it was possible to receive a fair hearing, after all that I’ve seen, heard and observed in the last six years.


1. Failure of the attorneys, prosecutors, judges and government agencies to inform the defendant of how she was involved in these cases. (See Amendment 4: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation.)

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. asked Prosecutor Silver again to provide an explanation of my involvement. Silver stated, “due to the incompetency of the defendant, we are not obligated to provide this information”.

I called the ACLU to verify if a defendant who is labeled incompetent losses their rights to be informed about the probable cause and the specifics of how the defendant was involved. ACLU stated “Whether competent or incompetent a defendant has the right to know why they are being accused of a crime.”

2. Failure of the legal, judicial and government officials to review the evidence that the MFCU violated my rights and their probation by neglecting to provide complete and accurate information, including financial records in an amount that exceeds 3 million dollars.

3. Prosecutor Bell withheld a taped conversation for almost 2 1/2 years and only after I filed a formal complaint with the FBA and a judge's order did Bell submit the tape to Beamer. Bell would resign a few months later.

4. By February 2007, Mr. Beamer still had not listened to the tape. I asked if I could review it. I discovered 30 minutes of the tape was missing and there were at least 19 transcribed errors. I informed Mr. Beamer, the court, FBA and OIG. Mr. Beamer failed to report the tampered evidence, stating Bell was retiring, so there is nothing you can do about it. No one followed-up.

On January 13, 2010, Judge Haury Jr. asked Prosecutor Silver 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”. This response illustrates a flaw in the legal process, leaving a defendant who is labeled incompetent a victim of prosecutorial misconduct and civil rights violations.

5. Requested a speedy trial four times between July 2004 through February 2006. Judge Lebow denied my requests, once because the prosecutor had a prepaid vacation and I was told I would have to pay for her trip. Beamer threatened to withdraw from the case if I continued to ask for a speedy trial.

6. I was declared incompetent by Dr. Brannan in March 2006. 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.

a. I was declared incompetent so Judge Lebow, Prosecutor Bell and Beamer would not be in violation of my 6th Amendment rights.

b. I was declared in competent because the Prosecutor and Beamer were not prepared to go to trial after 17 months.

c. I was declared incompetent, so the taped conversation between Officer Cavallo and me would not be submitted as evidence. The tape clearly shows Officer Cavallo failed to verify information and all financial records. How did Cavallo miss over 3 million dollars of Medicaid funds and still say she reviewed the financial records and is familiar with the circumstances of the offenses described? This is a clear violation of the HHS probation and has the potential to damage the prosecutor’s case.

d. 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?

7. Mr. Beamer threatened me and committed perjury in order to cover up his inability to function as my attorney. In his motion to withdraw (7/2009), Beamer accuses me of abusing his wife. This is an intentional lie. An attorney, who would deliberately commit perjury and makes an official statement in a legal document is a danger to others and possibly has psychological issues that need to be addressed. Beamer’s comment is defamatory and libelous and a response to the complaint I filed with the FBA.

I'm not sure which was worse, Beamer's accusation or the fact the Judge did nothing.

No one in the United States of America should ever have to bear the horror of a system that cares so little about the truth and the irreversible harm it can cause on innocent people and their families. Justice is not covering up the truth or ignoring evidence. Justice is the truth.



Probable Cause Document. I am not mentioned in any of the 10 cases. However 3 months after I was arrested, a sentence was added to each case to include my name.