To FL State Atty 20th Circuit Stephen Russell, re Procedures for Dismissal or Dropping Criminal Charges against a Defendent when your office learns no evidence exists that a crime was committed by defendant

Susan A. filed this request with the State Attorney, 20th Circuit of Florida.
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Communications

From: Susan A.

Re: Public Records Request for Public Record Document(s) Explaining the Procedures and Polices You are Required to Follow, when your office learns there exists no evidence of a crime committed by an accused person; and What Documents You Are Then Required to Issue to That Defendant and When

To State Attorney Stephen Russell - srussell@sao.cjis20.org

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Seeking a certified copy of the public record(s) known to you, Stephen Russell, an elected official (the FL State Attorney of the 20th Circuit), which explains the policy and procedure the state attorney must follow in order for the state attorney to drop a criminal charge, or dismiss a criminal charge, when the state attorney's office learns no evidence exists that a crime was committed by a defendant; and, what documents must be issued to a defendant and when in such a situation.

It is my belief there must exist some public record document(s) which details policy and procedures, and describes what procedure you are required to follow, and what documents or letters you are required to issue to a defendant pursuant to said public record policy and procedures when you learn there is no actual evidence that an accused person has committed the alleged crime. These are the documents I am seeking, and I am seeking a certified copy of such public record documents.

In the alternative, if no such documents exist, simply write a letter on your office letterhead and certify it, that no procedures and no policies exist that you are required to follow when you learn there is no existing evidence of any crime by an accused person.

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To illustrate for you the type of situation I am referring to:

Let's say a person is wrongly arrested for a DUI in Naples, Florida at about midnight. The Naples Police, in this illustrative example, then needlessly commit a battery on this person, alerting the person to the fact the police in this instance are: corrupt. The person is then asked to blow for DUI, but the person, having already suffered a battery, suspects that even though there are no drugs and no alcohol in his or her body, the police will lie about the reading. So, the person refuses to blow. The person is then thrown into jail, into solitary confinement, and then forced to wear prison garb and be incarcerated with the general prison population, until finally being allowed a phone call late the following afternoon. This person's parents pick up the person, and go to their family doctor, tell the doctor of the false arrest, and asks the doctor for an order for a lab to give a urine test. The doctor issues the order, the person and the parents then choose a local lab at random, and the falsely arrest person takes a urine test -- showing the person is clean.

The person then goes with the parents to a lawyer who does not disclose he was formerly the lawyer for: the Naples Police. His advice, even after learning of the urine test results, is as follows: When one is arrested by the NAPLES Police, ONE MUST PLEAD GUILTY. This is actually the "legal advice" he gives.
After leaving his office, this lawyer calls your office and discloses to you: this person has timely taken a urine test.

The person then goes to another lawyer in Naples, Florida. This 2nd lawyer then likewise contacts you at your office, and you then learn for the 2nd time, that this accused person has timely taken a urine test -- and was not DUI.

You, Stephen Russell, realize at this point: your office has no evidence whatsoever to prosecute this person for a DUI. At the time of this false arrest -- Oct 2000 -- there is no law on the books that would allow your office to claim that the person not blowing is "evidence" of a DUI. You have no evidence whatsoever. You only have a corrupt "expert" from the Naples Police who is willing to take the witness stand and claim the accused "looked like" there were drugs and alcohol in the body of the person. But the accused has the physical evidence, of a urine test, showing there was none. You have a videotape of the arrest -- but the videotape only shows the accused committed no traffic violation whatsoever, and certainly not the crossing of a medium yellow line. So you do not even have any evidence of a traffic violation.

What do you do in this situation, when you have no evidence whatsoever to use to prosecute a person in a criminal courtroom, since that falsely accused person has the physical evidence of innocence -- and you have no evidence of any crime whatsoever?

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That is the public record procedure and policy I am seeking, and I would like a certified copy of it, explaining what you are required to do (dismiss or drop, as I do not know the correct terminology), and how you are supposed to notify the defendant (by writing, via certified mail, whatever).

I do realize that after my false arrest then Gov Jeb Bush and the GOP FL Legislature changed the law, so that thereafter: a person who doesn't blow has now committed an act which counts as "evidence" against the person, by not blowing.

However, no such law existed when I was falsely arrested; I did not blow and my not blowing, at that time, did not count as evidence against me.

I believe you know: You and your office had no evidence whatsoever to prosecute me, and I believe you knew it because I believe you received not one, but two phone calls from two local attorneys I had contacted -- neither one of whom told me they had phoned you but I believe now they did.

Again, if you want to claim no written policy and no written procedures which are public records exist to inform and instruct a state attorney what to do, and what documents must then be issued to a defendant and when, in the type of situation I have described above, then simply sign a letter and certify it that no responsive public record documents exist for this public records request.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Susan Alyn

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 28, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Montecalvo, Richard J.

Ms. Alyn,

Please be advised that, specific to your request below, no such documents exist:

which details policy and procedures, and describes what procedure you are required to follow, and what documents or letters you are required to issue to a defendant pursuant to said public record policy and procedures when you learn there is no actual evidence that an accused person has committed the alleged crime.

Thank you. This e-mail will serve as our official response to your request.

Best regards,

Richard J. Montecalvo
Assistant State Attorney for Special Prosecutions
Office of the State Attorney – 20th Judicial Circuit of Florida
P.O. Box 399
Fort Myers, Florida 33902

From: Montecalvo, Richard J.

Ms. Alyn,

Please be advised that, specific to your request below, no such documents exist:

which explains the procedure for a person to apply for and seek an administrative expunction.

Thank you. This e-mail will serve as our official response to your request.

Best regards,

Richard J. Montecalvo
Assistant State Attorney for Special Prosecutions
Office of the State Attorney – 20th Judicial Circuit of Florida
P.O. Box 399
Fort Myers, Florida 33902

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