RIP, Larry Thompson

Hospice patient Larry Thompson, 61, of Orlando passed away today.

Me with Larry Thompson

Earlier this summer my office represented Mr. Thompson who suffered from a terminal case of chronic obstructive pulmonary disease.

 Even though Mr. Thomson was clearly disabled and relied on a breathing tube, he was arrested for failing to pay nearly $900 even though he could barely afford to pay rent. He was taken to jail and then transferred to the hospital.

Eventually Mr. Thompson was freed after people donated money to pay his fines. His case illustrated the situation of thousands of needy people in this community who can’t afford to pay court ordered fines. Arresting them for fines they can’t afford to pay needlessly drains police and other public resources.

The pointlessness of arresting indigent people who can’t afford to pay court fines was not lost on Ninth Judicial Circuit Chief Judge Frederick Lauten who wiped from the from the court record 21,000 who failed to appear in collections court.

Larry Thompson’s suffering made a difference.

RIP.

Please remember our clothing drive this Saturday (12/5)

Please bring your clean, serviceable clothing for men, women and children to our collection point at the Orange County Courthouse on Saturday, December 5^th between 10:00 a.m. to 2:00 p.m. 

 We will be located at the circular driveway to receive your donations. Thank you for your contributions. Donation receipts will be provided.

Your donations are shared with litigants appearing in court proceedings in the Ninth Circuit who are unable to provide their own appropriate attire, to individuals going into residential programs and other needy individuals. Your items will help to maintain the dignity of our court proceedings and ensure that the lack of proper attire does not affect the outcome of cases that come before the court.

We thank you in advance for your donations at the holiday time and throughout the year.

If the December 5^th drop-off date is not convenient for you, or if you have donations at other times of the year, please call our office at 407-836-4806 to arrange a drop off or pick up at your location.

Thanks for keeping us in mind,

Please support our clothing drive

2014 clothing drive

Please bring your clean, serviceable clothing for men, women and children to our collection point at the Orange County Courthouse on Saturday, December 5^th between 10:00 a.m. to 2:00 p.m.  

My team and I will be located at the circular driveway to receive your donations. Thank you for your contributions. Donation receipts will be provided.

Your donations are shared with litigants appearing in court proceedings in the Ninth Circuit who are unable to provide their own appropriate attire, to individuals going into residential programs and other needy individuals. Your items will help to maintain the dignity of our court proceedings and ensure that the lack of proper attire does not affect the outcome of cases that come before the court.

Please help spread the word by sharing this message with co-workers, associates & friends. We thank you in advance for your donations at the holiday time and throughout the year.

If the December 5^th drop-off date is not convenient for you, or if you have donations at other times of the year, please call our office at 407-836-4806 to arrange a drop off or pick up at your location.

Thanks for keeping us in mind. 

Edward Francis case

This letter was sent out by the Orange-Osceola State Attorney's Office recommending the re-sentencing of a man who was a juvenile sentenced to life in prison.

From: Starke, Angela [mailto:AStarke@sao9.org]
Sent: Thursday, November 19, 2015 5:11 PM
To: Starke, Angela
Subject: JUVENILE RESENTENCING - STATE ATTORNEY'S OFFICE
Importance: High

Media Friends,

Some of you may know a few years ago, the U.S. Supreme Court struck down mandatory life-without-parole sentences for juvenile offenders in the case Miller v Alabama. In March 2015, Florida’s Supreme Court ruled that the Miller decision is retroactive.

As a result, some juvenile offenders who had been sentenced to mandatory Life are being resentenced. One of those is Edward Francis. A hearing will be held for Mr. Francis at 9:45 a.m. Friday in courtroom 6A with Judge Keith Carsten.

There is a high probability that he will be released tomorrow – should Judge Carsten allow. State Attorney Jeffrey L. Ashton has asked Judge Carsten to consider having Francis’s sentence reduced to time served plus 5 years of supervised probation. It is, though, the Judge’s decision.

Mr. Ashton supports Edward Francis’s release. The State Attorney vividly remembers Francis’s acceptance of his responsibility, his humility and his willingness to testify against the actual killer. Francis testified - even though he had nothing to gain as he had already been sentenced to Life. This is an unusual and surprising attitude for a defendant with a Life sentence and the SA thought about this intermittently through the years – to the point that when he retired in 2011, he reached out to Edward Francis to encourage him.

The State Attorney personally visited Mr. Francis this week in regards to a potential release and will attend tomorrow’s hearing.

Background: Edward Francis was convicted for the First-Degree Murder and Kidnapping of Kenneth Maurice Lewis in 1996. While Francis was not the person who killed Lewis, he was held responsible on the Principal theory that whoever commits a criminal offense or aids, abets, counsels, etc., the offense to be committed is a principal and will be charged as such.

Francis was 17 years old when the crime occurred. He has spent nearly the last 20 years in prison.  

Thanks,

Angela Starke

Public Information Officer

Office of the State Attorney

How PTSD affects clients

As human beings, we have all experienced events that impacted our lives in a significant way. Some experiences are positive but some are so traumatic that we never fully recover.

At the CFACDL luncheon next Wednesday (Nov. 18^th), Dr. Sandra Neer will talk about the ways in which these traumatic experiences shape our lives and the lives of our clients. If your client has suffered from post-traumatic stress disorder, how does this condition impact their perception of the world and most importantly, how do we as defense attorneys communicate this information to a jury?

Although Veterans Day has just passed, many vets can’t move past the trauma they’ve experienced. Come to CFACDL’s luncheon to learn more about this topic and the groundbreaking treatment for PTSD that is underway at UCF.

The luncheon is $10 and is located at the Sorosis Club at 501 E. Livingston St., 11:30 a.m. to 1 pm.  To register, send email to lramsey@circuit9.org

'Miller' resentencing

Members of the Orange-Osceola Public Defenders Office worked for three years to help Frederick Bradley who was only a teenager when he was sentenced to life in prison without parole for first-degree murder.
The incident occurred 18 years ago.

In late October, the public defenders succeeded in getting Bradley’s sentence changed to 23 years. He is now set for release in 2017.

The lawyers pursued and secured Bradley’s re-sentencing under the U.S. Supreme Court Miller v. Alabama ruling that mandatory life sentences without parole are unconstitutional for juvenile offenders.

End troubling record of arresting children for minor offenses

Public Defender Robert Wesley speaking

On Wednesday, Sept. 9, my office held a press conference to discuss the troubling record of arrests of juveniles for minor offenses in the Florida’s Ninth Judicial Circuit, which covers Orange and Osceola counties. We have more arrests of juveniles – including the 5- to 10-year-old category – than elsewhere in Florida.

During that meeting I also explained that a civil citation is the best way to address these minor offenses and reminded everyone that starting Oct. 1 police will be required to issue civil citations to children, or to justify in writing why a child should be arrested.

Here’s news media coverage of that meeting.

Orlando Sentinel

WFTV

Central Florida News 13

More 5- to 10-year-olds arrested in Orlando than elsewhere in Florida

Orange-Osceola Public Defender Robert Wesley will hold a press conference Wednesday, Sept. 9, to call for police to stop arresting local children for minor offenses.

The 9^th Judicial Circuit, which includes Orange and Osceola counties, arrests more children between the ages of 5 and 10 than Florida’s other 19 judicial circuits. The population of the 9^th Judicial Circuit is the 3^rd largest in Florida -- behind Miami-Dade and Broward counties.

Police in many other Florida counties rely on civil remedies to help youngsters accused of minor offenses. Studies show that arresting children pushes them out of school and into the prison pipeline. There are currently 100,000 people in Florida’s state prisons.

The press conference on Wednesday starts at 11 a.m. in the courtroom at the Florida Agriculture & Mechanical University College of Law at 201 Beggs Ave., next to downtown Orlando’s federal courthouse.

Mr. Wesley was elected Public Defender to provide legal representation for needy people in criminal cases; involuntary mental health and addiction commitments and juvenile delinquency cases.

Hospice patient gives thanks

The 61-year-old Orlando hospice patient who was arrested for failing to pay an old fine, thanks the community for its help.

A Go Fund Me account established by a resident raised more than $1,200 to pay Larry Thompson’s fines. Nearly three dozen people contributed to the account.

Mr. Thompson suffers from a terminal pulmonary condition and lives on a limited income. He was arrested for failing to pay court fees associated with a 2010 charge of driving on a revoked license.

We’re appreciative that so many people contributed money to help Mr. Thompson. 

What happened to Mr. Thompson is one example of the thousands of low-value arrests of homeless and destitute people who can't afford to pay fines but pose no danger to public safety. Arresting them wastes police and jail resources.

Orlando Sentinel Editorial

Why waste money arresting hospice patient

Orange-Osceola Public Defender Robert Wesley will meet reporters Tuesday at 11 a.m. to call for an end to “low-value” arrests and large court-ordered fines against the homeless and others who can’t possibly afford to pay.

Last week Larry Thompson, a 61-year-old hospice patient, was arrested on a judge-ordered writ for failing to pay court costs related to a 2010 charge of driving on revoked license. Because of Mr. Thompson’s fragile physical condition the jail would not accept him. Instead Mr. Thompson was sent to the hospital under the supervision of 2 jail guards.

Mr. Thompson’s arrest, and others like it, wastes taxpayers money and resources of the police and the jail. Mr. Wesley’s office represents Mr. Thompson.

This March, in the wake of the federal Department Justice report criticizing heavy-handed court-costs and fees in Ferguson, Mo., Mr. Wesley called on local court, law-enforcement and elected officials to review collection practices in Florida’s Ninth Judicial Circuit. Nothing has happened.

During Tuesday’s press conference Mr. Wesley will detail a common-sense solution to low-value arrests and update reporters on Mr. Thompson’s case.

Press conference location: Plaza in front of the Orange County Courthouse

For more information call David Porter Communications at 407-256-7831

Click to see newspaper article

Snooping on criminal defense lawyers

How would you like it if the prosecution was allowed to eavesdrop on on your lawyer - client conferences in criminal defense case?
That's actually been happening to lawyers assigned to defend people being detained in the U.S. governments secret prisons at Guantanamo Bay in Cuba.
U.S. Navy Reserve Commander Walter Ruiz, a Judge Advocate General, discussed this and other abuses during a recent presentation for the Central Florida Association of Criminal Justice Lawyers in Orlando.

Click this link to see a video excerpt from that presentation.

Toughest criminal defense job in U.S.

On Wednesday July, 22, I was honored to host lawyer Walter Ruiz at our Central Florida Association of Criminal Defense Lawyers meeting.

Walter Ruiz being interviewed

Walter, a former lawyer in my office and a Commander in the U.S. Navy Reserve, was assigned to defend "war on terror" detainees who are being held in the prison camp at Guantanamo Bay.


The information Walter was allowed to share with us (he is legally bound to keep some information secret) raised disturbing questions about the "war on terror" and fundamental human rights.

In this post I will share links to some excerpts from his presentation.

My introduction of Walter Ruiz

https://youtu.be/KL4e4WfHYlA

Walter Ruiz describing some of the absurd trial rules

https://youtu.be/EasjBCrecfw


Walter Ruiz describing some of the torture detainees were subjected to

https://youtu.be/lZTpgrDPNnA

PRESS ADVISORY - Guantanamo Bay Justice Report

Next Wednesday (7/22) reporters can get a first-hand account about the mistreatment of detainees at Guantanamo Bay Detention Camp.

Walter Ruiz, a former U.S. Navy Commander, who was assigned to defend people who have been captured during the War on Terror will discuss his experiences during a luncheon hosted by the Central Florida Association of Criminal Defense Lawyers and the Hispanic Bar Association of Central Florida.

Walter Ruiz

Ruiz, a graduate of the University of Georgia Law School, currently represents Mustafa Ahmed Hawsawi who is accused of financing the 9/11 attack. Ruiz formerly worked for the Orange-Osceola Public Defender’s Office and as a federal public defender.

Click here for a "60 Minutes" video clip of Ruiz criticizing the military tribunal system that’s prosecuting the detainees.

The luncheon will be held at the First United Methodist Church of Orlando, 142 E. Jackson St., Orlando.

The luncheon starts at 11:30 a.m.

TV news crews have until 12 noon to set up their equipment.

Mr. Ruiz will be available for news media questions starting at 1:15 p.m.

If you plan to send a reporter, please call David Porter Communications Inc. at 407-965-0080.

Links to Ruiz background:

http://www.reuters.com/article/2015/02/12/us-usa-guantanamo-idUSKBN0LG2JF20150212

http://www.aljazeera.com/indepth/features/2013/05/201351311028244726.html

Report from Guantanamo Bay legal proceedings

Hear about the most challenging criminal defense job in the United States.

Walter Ruiz

Walter Ruiz, one of the lawyers defending people being detained at Guantanamo Bay, will speak next Wednesday (7/22) at a luncheon being hosted by the Central Florida Association of Criminal Defense Lawyers and the Hispanic Bar Association of Central Florida.

Ruiz, a former U.S. Navy Commander and a graduate of the University of Georgia Law School, currently represents Mustafa Ahmed Hawsawi who is accused of financing the 9/11 attacks. Ruiz formerly worked for the Ninth Judicial District Public Defender's Office in Orlando and as a federal public defender.

Here’s a 60 Minutes clip with Ruiz criticizing the military tribunal system that’s being used to prosecute the detainees.

The luncheon will be held at the First United Methodist Church of Orlando, 142 E. Jackson St., Orlando.

The luncheon starts at 11:30 a.m. Lunch is $15. Please send your RSVP to: Defendertraining@circuit9.org

Welcome to the PD 9 black out

I’m so proud of the hard work our Public Defender’s Office team puts in every day.

From time to time I like to take out a few minutes to have fun with the folks so we recently held a “black out” when team members were encouraged to wear their black PD9 T-shirts or other black shirts. To add to the fun, we treated everybody to ice cream and fruit bars.

Here are photos we took showing teams throughout our organization from downtown Orlando to Kissimmee.

Enjoy.

Bob

New approach to homelessness in Orange County

Here is the text of the letter that I sent to local officials in Orange County:

I am writing today to Mayor Jacobs and Mayor Dyer, as well as all Orlando and Orange County Commissioners, to propose a smart, cost saving and practical alternative to the present problem of revolving-door arrests of the homeless. Typically, these are low-value arrests for ordinance offenses, minor violations which do not impact public safety. Offenses such as panhandling, camping, open container and the like are deeply rooted in the circumstances which cause the homelessness of individuals. The resulting custodial arrests of these people consume many hours of law enforcement officers' time, jail bed space, medical resources and court docket space.

Arrests of homeless people for ordinance violations compromise the very same resources that would otherwise be applied to serious felony charges and protecting the community from violent crimes. However, the real problem with our current system is that the physical arrest of a destitute person does nothing to improve their circumstances or to solve their underlying problems causing homelessness, those being mental illness, unemployment, drug and alcohol abuse or any combination of thereof.

We propose a program where the ordinance violators are issued a notice to appear, a recognized alternative to a full custodial arrest. That notice informs the violator that the charge against them will be dismissed upon their participation in one of the following rehabilitative steps:

1.    A mental health evaluation

2.    Drug and/or alcohol abuse evaluation

3.    Vocational or housing assistance and rehabilitation

4.    Referral to veterans programs for eligible individuals.

Management of this program, including the referrals, compliance assessments and any reports of failure to participate will be administered by the Office of the Public Defender as we are equipped to identify and address those challenges. We are the singular agency positioned to work with this population and we have both the ability and infrastructure to do it well. While there has been a lot of discussion in regard to resolving the problems of homelessness, this is the first local proposal addressing the criminal justice component.

A similar program has been operated successfully for several years in Pinellas County by the Public Defender of the 6^th Judicial Circuit, funded by that County’s Sheriff. The Sheriff, as the operator of the jail in Pinellas County, understands the high-expense, low rewards problem of the conventional approach to ordinance arrests of the homeless. Whether an arrestee is in custody for panhandling or murder, their diabetes, lung cancer and HIV become the problem of the county that confines them.

I look forward to the opportunity to discuss the nuts and bolts of our proposed process to address the problems of the homeless in the justice system using the resources of the Office of the Public Defender. Our plan offers savings of dollars and time for law enforcement, diminishes the burden on the jail system and offers many individuals a way up and out of their current, troubled circumstances. These improvements will depend upon cooperation between our organizations, but we are all able to cooperate when the benefits are as clear as they appear.

Sincerely,

   

Robert Wesley

Public Defender, Ninth Judicial Circuit

How to get your PD9 T-shirt

People keep asking how to get an Orange/Osceola Public Defenders branded T-shirt.

Well. Here’s your chance.

The T shirts are $15 each and are available in men’s crew and ladies V-neck styles.

You can use the handy, dandy order form and send your orders to:

Robert Wesley, P.O. Box 532055, Orlando, FL 32853-2055

Make checks and money orders payable to: Robert Wesley

Ordering deadline:  Friday, June 5^th

We need police body cameras now

During a town hall meeting Wednesday, May 20, in west Orlando Orange/Osceola Public Defender Robert Wesley, Orange County Sheriff Jerry Deming, Orlando Police Chief John Mina and State Attorney Jeff Ashton all agreed that body cameras can help curb police harassment and police brutality in minority communities.

Chief Mina told the gathering of nearly 75 residents at the Dr. James R. Smith Center said that it might take up to 4 years to issue the cameras to all patrol officers.

Mr. Wesley, who is responsible for providing legal defense for arrested people who can’t afford a lawyer, said the body cameras need to be deployed now to all officers to encourage trust between residents and law enforcement. The audience agreed.

Click here to see a video clip from that meeting.

Police/Body Cam Panel

Here's the info on the Wednesday night panel discussion on Police and Body Cameras.

The event starts at 6 p.m. at the Dr. James R. Smith Center on Bruton Blvd., west Orlando, near the John Young Parkway LB McLeod exit off I-4.

It should be very interesting because top officials including the OPD Chief and Sheriff are scheduled to attend.

Eyewitness CLE on May 1

On May 1, Public Defender Robert Wesley is hosting a CLE session with Karen A Newirth, Senior Fellow, Strategic Litigation Unit, The Innocence Project Inc.

Ms. Newirth will discuss modern strategies for litigating eyewitness identification cases in light of the recent National Academy of Science Report on eyewitness identification.

The session is free, but space is limited. It will be held May 1, 1 to 4 p.m.  at the Orange  County School District headquarters, 445 W. Amelia St., Orlando.

Reservations are required. RSVP to DefenderTraining@circuit9.org.

Our logo

The logo was designed for the Orange-Osceola Public Defender’s Office by professional comic book artist Leigh Walls.

Walls, a New York City native, interned with the legendary Marvel comics. He is known for developing numerous African-American superhero comic book characters, including Guardian Knight Presents.

Click here to see a video featuring Walls.