| VOLUSIA EXPOSED.COM |
|
Jail House Attorney Scores A Win Against The Local State Attorney's Office Are Local Attorneys Just Expected To Waive Their Clients' Constitutional Right To A Speedy Trial? Is This Just Another Example Of Misconduct With Our Local Judicial System? |
January 26, 2015 |
When honor and the Law no longer stand on the same side of the line, how do we choose?” - Anne Bishop
|
― John Steinbeck Recently, VolusiaExposed posted two articles, in which the 5th District Court of Appeal (DCA) had highlighted prosecutorial misconduct within State Attorney, R.J. Larizza's office. Andre Brinson - 5D14-653 Is This Just More Misconduct? Now, VolusiaExposed.Com has become aware of an incident whereas Larizza's office was apparently violating a criminal defendant's (James Reed) U.S. Constitutional right to a speedy trial. Fortunately for Mr. Reed, and for justice in general, Reed had some jail house lawyer skills. He filed a pro se (for oneself) motion with the 5th DCA, and succeeded in having the appellate court discharge the affected criminal cases against him. According to the District Court of Appeal's opinion - Mr. Reed was indeed correct - the State Attorney's office had failed to prosecute their felony cases against him, within the confines of the sixth amendment (right to speedy trial) to the U.S. Constitution. So much for the saying - “He who represents himself has a fool for a client” - given Mr. Reed's success in getting his criminal charges dismissed. Factoring in the recently highlighted prosecutorial misconduct coming out of Larizza's office - maybe a more appropriate adage to the matters at hand would be, "it takes a thief, to catch a thief"? |
5th District Court Of Appeal Decision 5D14-4274 Scroll Down To Review    |
|
Thanks to the sixth amendment to the U.S. Constitution, a criminal defendant has the right to a speedy trial. But the sixth amendment also provides the criminal defendant with other rights - to include, but not limited to, the right to a lawyer, and the right to an impartial jury.
However, in our (VolusiaExposed) opinion, the U.S. Bill of Rights, in the particular, the sixth amendment, has come under attack by members of our local judiciary, the very same indivduals that have sworn an oath to defend and uphold our country's constitution. |
 James Reed |
|
Mr. Reed fought for his sixth amendment rights by filing his own appeal to the 5th DCA. Additionally, last summer, a Brevard County public defender literally fought off Brevard County, Circuit Court Judge John Murphy in defense of his clients' sixth amendment rights. (see attached off screen video of a physical confrontation between the judge and the public defender -->)
While Judge Murphy recently assured the Judicial Qualifications Commission that he was NOT attempting to persuade the public defender to waive his clients' right to a speedy trial - we (VolusiaExposed) invite our readers to review the attached court room video for themselves - so that our readers can form their own conclusions. We (VolusiaExposed) have formed our own opinion - we don't believe Judge Murphy. We believe that Judge Murphy expected the public defender to automatically waive his clients' sixth amendment rights, to the benefit of the court, and the state attorney's office. |
Article 1 Article 2 
|
|
As stated above, the sixth amendment also provides the criminal defendant with the right to legal representation. Immediately after Judge Murphy had engaged the public defender in a physical confrontation - and with the public defender's absence from the courtroom, Judge Murphy continued with the defendants' hearings, securing several speedy trial waivers from the criminal defendants - withOUT the benefit of their attorney's representation - a clear violation of the sixth amendment. Deny as Judge Murphy will, we believe that clear evidence exist, supporting that two things were missing that day in Judge Murphy's courtroom - the public defender, and the sixth amendment to the U.S. Constitution. The Volusia County Court Might Have Similar Sixth Amendment Concerns? We invite you, our readers, to read the entire three page Reed decision. It only takes five minutes and coupled with this article, will bring much enlightenment, on how our local judicial system circumvents our country's Constitution. Notice that in the Reed decision, the local court attempts to justify their failure to insure Reed's right to a speedy trial, by stating their belief that he was represented by counsel. Now why would that matter? Represented by counsel or not - the criminal defendant has the VERY SAME right to a speedy trial. Could it be - that as in the Judge Murphy courtroom, defense attorneys are just expected to waive their clients' right to a speedy trial? Thus, logically, since the Volusia Court believed that Reed had assigned counsel - did the court assume that Reed's counsel had already waived this important constitutional right?. Honestly, we (VolusiaExposed) believe so - but that is just our opinion - you must form your own. VolusiaExposed attempted via an email request, to obtain a comment on this matter from the State Attorney's Office (Larizza). However, as of the posting of this article - no answer has been received. Here Is More Food For Your Thoughts Recently, VolusiaExposed.Com posted a series of articles regarding the Luis Toledo prosecution. Toldeo has been charged with the murders of his wife, and her young children. Our (VolusiaExposed) agenda is NOT to come to the defense of Mr. Toledo - rather, that is the job of his attorney, Jeffrey Deen. We (VolusiaExposed) invite you, our readers, to read the below attached article (and inclusive supportive articles), and determine for yourself, whether the judicial system has purposely stacked the scales of justice against Mr. Toledo? VolusiaExposed, like the local judicial system - does seek justice for the murder victims and their families. The difference appears to be - that we (VolusiaExposed), seek our justice within the confines of the U.S. Constitution. The sixth amendment of the U.S. Constitution also affords the criminal defendant a FAIR TRIAL. So here is our question - after reading the below article - do you imagine that Toledo can receive a fair trial, given his assigned defense attorney and judge? 
|
-----------------------------------------------
Drop us a line to let us know what you think.
EMAIL US