In The Defense Of Dana Delaney Loyd - Part 10
Chasing The Rabbit Through It's Hole
January 17, 2017
AKA -"The Rabbit Hole"
If you have been a long term reader of VolusiaExposed.Com - you should be aware of our numerous articles titled - "In The Defense Of Dana Delaney Loyd". For the convenience of our new readers - links to these articles have been incorporated within this page (see right of page).
Loyd was arrested in August 2015 - under the charge of making a false report to the Florida Abuse Hotline. Loyd was reporting allegations that a local father was sexually engaging his pre-teen daughter. Many other individuals - some under their professional responsibilites - had reported similar allegations against the very same father. However, due to a judicial court order - law enforcement officials were (are) forbidden from interviewing the child.
In fact - months after Loyd's arrest - the Florida Department of Children & Families (DCF) received yet another allegation against the father. DCF approached the court - requesting permission to interview the child - but - during a December 21, 2015 court hearing - was denied any access to the child. For more information regarding the December 21, 2015 court hearing - please see our February 17, 2016 article.
Last month - in our December 19, 2016 article - VolusiaExposed.Com predicted that the State would request that past allegations against the father - be excluded from being mentioned to the Loyd jury. Sure enough - during a January 13, 2017 hearing (see videos to right of page) - the State argued just that - and Judge Robin Lemonidis granted the State's request.(more on this later)
Prior to us moving forward - it's important for our readers to know - that VolusiaExposed ALSO has the opinion that Judge Lemonidis has a serious conflict of interest in this case - to wit - her assignment to this case brings into question the credibility of the entire Brevard County justice system. For more information - regarding our concerns attached to Judge Lemonidis - we invite you to read our February 17, 2016 and July 19, 2016 articles. (BE PREPARED TO LOSE YOUR FAITH IN THE CRIMINAL JUSTICE SYSTEM)
January 13, 2017 - Titusville, Florida
While VolusiaExposed expects that the State does have a semi-honest reason for not wanting the father's past allegations to fall into the jury's ears. We also suspect that the larger reason that the State, nor the Court wants the past allegations against the father to be introduced is the long standing judicial court order the forbids any law enforcement agency to interview the child - regarding any allegations of abuse by the father.
VolusiaExposed.Com does NOT have an "opinion" whether the father has or has not abused his daughter - rather our position is simply that due to the judicial gag order - these numerous allegations against the father have gone under-investigated. It also appears to us that the BCSO - have become somewhat frustrated with not being able to fully investigate these allegations - that they have engaged in a "kill the messenger" campaign against Loyd.
Obviously - should it ever be proven that the father has abused his daugther in any manner - the State and the Court would have allot of explaining to do - regarding the gag order. In functional reality - the State, the Court - and the Brevard County Sheriff Department (BCSO) have a "dog" in this fight (the prosecution of Loyd) - they (State, Court & BCSO) need Loyd to be convicted - so that no one will properly challenge the existence of the judicial gag order.
Based on what VolusiaExposed.Com has heard during Loyd's past court hearings - Judge Lemonidis and the State have already concluded that Loyd is guilty - with the jury verdict being just a mere formality. Our opinion is supported by the following.
As discussed in our July 19, 2016 article during a May 23, 2016 hearing - Judge Lemonidis stated that both Loyd and her attorney were probably passively harassing the father. (see May 23, 2016 video within 7-19-16 article).
During the recent January 13, 2017 hearing - Assistant State Attorney Susan Stewart argued to Judge Lemonidis that any past allegations against the father should be excluded from the trial - due to the fact that Loyd made a "false report" (call) to the abuse hotline (see above right - video # 5 - minutes (9:55 --> - notice that ASA Stewart refers to it as a "rabbit hole"). Isn't the jury suppose to make the legal conclusion whether Loyd's call to the Florida Abuse Hotline was or was not a "false report / call"? If ASA Stewart and the Judge Lemonidis have already concluded that Loyd is guilty of making a false report to the abuse hotline - then - what's the point of having a jury trial. In our opinion - Loyd has already had an un-authorized "bench trial" (trial without a jury) - been found guilty - and the State and the Court are only having the jury trial - to give the appearance that Brevard County is complying with the U.S. Constitution.
Brevard County has a rather colorful and recent history of not honoring the U.S. Constitution within their courtroom. We invite you to review our below articles on Brevard Judge John C. Murphy. The Florida Supreme Court eventually removed Judge Murphy from the bench.
August 26, 2014
December 19, 2015
VolusiaExposed.Com invites our readers to review the January 13, 2017 hearing videos - with particular attention given to video #5. In video # 5 - around minutes 40:30 seconds - Assistant State Attorney Sendra reads off the plea bargain being offered to Loyd. Notice that the plea bargain being offered is the very same plea bargain that was offered to Loyd in 2015 - and as documented in a November 3, 2015 email from the State Attorney's office to Loyd's attorney - Jessica Burgess (see above right scroll box).
Make particular note - that within the plea bargain - Loyd must within 24 hrs of accepting the plea bargain - remove her articles from her publication BrevardsBestNews.Com which refers to her concerns about the father.
Make an additional note - that the articles the State Attorney is requesting to be deleted - are articles that question the additional allegations lodged against the father - the very same allegations - that the State argued were not related to Loyd's alleged crime of making an alleged false call to the Florida Abuse Hotline on April 29, 2015 - and therefore should not be heard as possible exculpatory evidence (evidence favorable to the defendant) by Loyd's jury.
So why - if Loyd should accept the State's plea bargain - must she take down articles - that have no bearing on her April 29, 2015 abuse hotline call - or her pending criminal prosecution?
The answer is simple - the father's past allegations DO have a bearing on the rationale and thought process - used by Loyd - in coming to her decision to make the April 29, 2015 call. However, the State is attempting - with the assistance of Judge Lemonidis - to deny Loyd a rationale explanation of her thought process in making her call to the abuse hotline. Further - with the past allegations being excluded from being presented to the jury - the State, the Court and BCSO - will dodge the embarrassment of having to explain why the father was awarded the judicial gag order - which prohibited law enforcement from questioning his daughter. One nice - neat - and tidy package for the prosecutor, the Court and BCSO - don't you think?
Loyd is charged with a third degree felony. If convicted - it carries a possible (5) year sentence. However - due to State sentencing guidelines - it is extremely un-likely that Loyd qualifies to be sentenced to jail / prison time - based on her past minor criminal history. Therefore - it appears to us here at VolusiaExposed.Com - that even if Loyd was convicted by a jury of her peers - per the law - the worst case scenario for her should be fines and probation.
Judge Lemonidis could exceed - with a difficult mandatory explanation - the sentencing guidelines. However - with that thought in mind - we invite you to read a recent OP-ED published in the Daytona Beach News Journal by retired Florida Fifth District Court of Appeal Judge David A. Monaco - regarding the topic of judicial bias.
Given that the State's plea bargain is currently on the highend of the State's sentencing guidelines - has the State really even attempted to offer her a realistic plea bargain? We think not - their plea deal appears to us - to be nothing more than another whistle stop in their railroading of Loyd.