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In The Defense Of Dana Delaney Loyd - Part 9 State Attorney Attempts To Restrict Loyd's Usage Of Exculpatory Evidence. |
December 19, 2016 |
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The Excluded Evidence Welcome to the latest edition to our series of articles in the defense of Dana Delaney Loyd. (see lower right of this article for links to our previous Loyd articles) For our new readers - Loyd is the chief editor of BrevardsBestNews.Com - a publication critical of local law enforcement & government agencies. In August 2015 - Loyd was arrested by the Brevard County Sheriff Department for allegedly making a false call to the Florida Abuse Hotline. Loyd had published a series of articles in which she raised concerns that a local Brevard father was sexually engaging his then pre-teen daughter. These concerns were ALSO supported by the official verbal and written reports of others - to include professionals within the child protection community, as well as an out of state law enforcement investigation. We (VolusiaExposed) suspect that Loyd's arrest and current criminal prosecution has much more to do with her past critical articles regarding the BCSO, DCF and the State Attorney's office - then any alleged false call to the Florida Abuse Hotline. In our previous article of November 22, 2016 - VolusiaExposed advised our readers that the State Attorney had given notice that they intended to block the introduction - during trial - of any references to other complaints filed or investigations conducted against the father. VolusiaExposed.Com has now obtained a copy of the State's motion to restrict the defense's exculpatory evidence. (see right of page -->) AN ADDITIONAL EXAMPLE OF DOCUMENTS THAT THE STATE WISHES TO EXCLUDE THE NORTH CAROLINA INVESTIGATION ABUSE INVESTIGATION - inclusive to our November 5, 2015 linked article - click here Judicial Gag Order VolusiaExposed also suspects that the State Attorney is attempting - with their motion to the Court - to hide the fact from the Loyd jury - that the father enjoys a long standing judicial gag order that forbids law enforcement or DCF investigations into any abuse allegations between himself and his daughter. |
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This judicial gag order was issued many years ago by Brevard Circuit Judge George Maxwell. Judge Maxwell is best known for his comment some years ago that there was nothing wrong with "a little pedophilia" (see linked April 13, 2001 - ORLANDO SENTINEL article). It of interest - that shortly after Loyd's arrest - the Florida Department of Children and Families (DCF) requested that the local Brevard Court lift the Court's gag order - and allow them to investigate abuse allegations against the father. This request was denied by the Court during a December 21, 2015 hearing. DECEMBER 21, 2015 COURT TRANSCRIPT - inclusive to our February 17, 2016 linked article - click here It is clear to us that the Court, the sheriff department, and the State Attorney are not too comfortable that they have allowed for years - several abuse allegations against this particular father to go un-investigated. The State Attorney's (SA) and Sheriff's (BCSO) offices appear to be seeking political cover within their manufactured arrest and criminal prosecution of a long time media critic - Dana Delaney Loyd. Their (SA / BCSO) plan seems to be - arrest her - prosecute her - convict her - make her a convicted felon and shut her up - and do it quickly !! At least the Department of Children and Families attempted to get the judicial gag order lifted during the above described December 21, 2015 Court hearing. (see our linked February 17, 2016 article Impartiality Problem In The Loyd Prosecution? In our opinion - the State Attorney and Sheriff have hedged their bets in getting Loyd convicted, by insuring Brevard Circuit Judge Robin Lemonidis' assignment to the Loyd prosecution. Judge Lemonidis' suspected conflict of interests in the Loyd prosecution can be reviewed in our previous articles - in the particular - we suggest reading our: August 29, 2016 article September 12, 2016 article |
Loyd's attorneys has also filed their own motions to the Court Defendant's Recorded Statement Motion In Limine To Exclude The Alleged Victim's Timeline Of Events Motion To Exclude: Florida Abuse Hotline Call Motion In Limine To Exclude Allegations Regarding Contact With Space Coast Soccer Club Motion In Limine To Exclude Allegations In Colorado Motion In Limine To Exclude Allegations Regarding Contact Made With Titusville Police Department And Brevard County Sheriff's Office Motion In Limine To Exclude Agent Fischer's Summary Of The DCF Abuse Hotline Call Motion In Limine To Exclude Defendant's AT&T Phone Log ============= LOYD'S ARREST & PROSECUTION #1 September 12, 2015 Article #2 November 4, 2015 Article #3 December 3, 2015 Article #4 January 5, 2016 Article #5 February 17, 2016 Article #6 July 19, 2016 Article #7 August 29, 2016 Article # 8 September 12, 2016 article #9 November 22, 2016 Article Drop us a line to let us know what you think.  EMAIL US |
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In preparation for our February 17, 2016 article - VolusiaExposed.Com reached out to State Attorney Phil Archer - questioning him on whether individuals should still be calling the abuse hotline, if they suspected child abuse - given Loyd's arrest for doing just that. Mr. Archer's office supplied us with a February 5, 2016 response to our email inquiry, in which he focused on the importance of "truthfulness in every detail" regarding any abuse hotline call. While it may fit the political agendas of both the State Attorney and the Sheriff to define Loyd's call to the abuse hotline as a false call - the truth is - Florida Statutes (Chapter 39) clearly defines what is a false call. VolusiaExposed's initial September 12, 2015 article covers - in detail - the official statutory definition of a false call to the abuse hotline. Ironically - while State Attorney Archer stresses the importance of the "truthfulness in every detail" - his agency is attempting to deny the Loyd jury with some of the very same details mentioned by the arresting deputy - in his affidavit for an arrest warrant, and his arrest report. One would imagine that if those details were appropriate enough to be used to convince a judge to sign the arrest warrant - the State Attorney would have no concern with Loyd using those very same details in her criminal defense. The truth here is that this criminal prosecution has little to do with the truth - and more to do with the silencing of a media critic and protecting the political agendas of the State Attorney, the Court and the Sheriff. The truth is - that similar to the State Attorney attempting to deny the jury of ALL of the facts - these very same government officials attempted - and were successful for a period of time - in denying YOU - the public - with access to the official records within Loyd's Clerk of the Court files. Absent public access to these files - VolusiaExposed would not have been able to publish this article with the State's motion attached. A good place to start your review is our August 29, 2016 article So what do we (VolusiaExposed.Com) imagine will happen? We suspect that Judge Lemonidis' conflict of interest in this prosecution will bias her decisions - that the State Attorney and Sheriff will continue in their attempt to silence a media critic - and that's Loyd's trial will be nothing more than a dog and pony show - and a disgrace and miscarriage of justice - nothing really new for Brevard County courtrooms - need evidence - read the below articles for two quick examples. The Removal Of Brevard Judge John Murphy |