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The Criminal Prosecution Of Andre Brinson The 5th District Court Of Appeals Finds Additional Prosecutorial Misconduct Within The Office Of State Attorney R.J. Larizza Has Burger King Justice Come To Volusia County? |
January 13, 2015 |
When honor and the Law no longer stand on the same side of the line, how do we choose?” - Anne Bishop
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Within Florida's 7th Judical Circuit Is Neither An Isolated Incident, OR A Fading Phenomenon Misconduct Continues Within The State Attorney's Office It was just last month (December 2014) that we, VolusiaExposed.Com, posted an article outlining prosecutorial misconduct within R.J. Larizza's Office of the State Attorney. The 5th District Court of Appeal opined in an August 2014 decision, that murder suspect Jerry Crew did not receive a fair trial due to prosecutorial misconduct by Assistant State Attorney J. Ryan Will. ASA J. Ryan Will is the son of Circuit Court Judge Joseph G. Will. The 5th District Court of Appeal is not alone in their belief that Jerry Crew received an un-fair trial. Westeria Harry, the mother of Crew's alleged murder victim is very vocal and supportive in her belief that Crew did NOT receive a fair trial, or kill her son. Crew faces a re-trial next month (February 2015). The State Attorney's office has verified that ASA J. Ryan Will has the lead prosecutor position in the Crew prosecution, AGAIN ! In 2013, Andre Brinson stood trial, and was eventually found guilty of felony battery, in Judge Michael Hutcheson's courtroom. Judge Hutcheson also oversaw the Jerry Crew prosecution, and the 5th DCA was very critical of Hutcheson's judgement, and lack of action, regarding the Crew trial. |
5th District Court Of Appeal Decision Scroll Down To Review               |
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Last month (December 2014) ,the 5th District Court of Appeal ruled that Brinson was the newest victim of prosecutorial misconduct by State Attorney R.J. Larizza's office.
While both Crew and Brinson shared the same judge, they were prosecuted by different assistant state attorneys, out of State Attorney R.J. Larizza's office. Court records indicate that Brinson was prosecuted by ASA Ruddledge H.C. Smith, the son of prominent criminal defense attorney Horace Smith, Jr.. |
 Andre Brinson |
VolusiaExposed reached out via email, to the State Attorney's office for comment on whether they intended to re-prosecute Brinson, and for any comments they deemed appropriate.
Spencer Hathaway, the public information officer for the State Attorney's office responded, and advised us, that the Brinson decision was still under review, and that ASA Smith was no longer employed within their office.
Pending a decision by the State Attorney's office - Mr. Brinson's life, and freedom, resides some where in between limboland, and the twilight zone.
Has Burger King Justice Come To Volusia County?
Rumors That Are Being Investigated
We (VolusiaExposed) Request YOUR Help In Vetting Out Some Rumors
Frankly, VolusiaExposed has in the past, opted to stay away from reporting "rumors". If you have been a long time reader of VX, you should be keenly aware, that we (VX) routinely provide supportive documentation to everything we post. However, sometimes a reporter comes across a rumor(s), that IF true, is of such momumental concern to the wellbeing of the public trust, that such a rumor(s), must be openly and publicly vetted. We (VolusiaExposed) believe we have come across such a rumor(s).
Further, given the fact that the 5th District Court of Appeal has recently opined two decisions that support prosecutorial misconduct within our State Attorney's office that doesn't appear to be a "new or a fading phenomenon" (page 13 of Brinson decision), we believe we have a duty to our readership, and to the public in general, to openly investigate said rumor(s).
We (VolusiaExposed) came across these rumor(s) while researching court records and sources for the Crew and Brinson articles. These rumor(s) were a constant theme in our research.
FULL DISCLOSURE TO OUR READERSHIP
We (VolusiaExposed) know many of the particulars to these rumors, such as dates, and the names of several of the participants. We also have secured some supportive documentation in support of these rumor(s). However, in fairness to those individuals, we (VolusiaExposed) have opted NOT to include that information in our request for assistance. Our rationale for doing so, is simple. Should the vetting / investigative process support that the rumor(s) hold(s) no truth - these individuals' careers and lives will not have been subject to unwarranted public ridicule.
With that said - it's noted that elected public officials should NOT expect the same level of protection from public criticism / ridicule.
"If you can't stand the heat, get out of the kitchen" - U.S. President - Harry S. Truman
The Rumor
If you reveal your secrets to the wind, you should not blame the wind for revealing them to the trees. - Khalil Gibran
The rumor(s) centers around a murder prosecution out of the 7th Florida Judicial Circuit - State Attorney, R.J. Larizza's office.
Allegations state that an assistant state attorney held the girlfriend of a murder suspect in jail for nearly two years, under a no bond / witness status, in order to secure her testimony against the boyfriend (murder suspect).
The rumor(s) also alleges, that the girlfriend had criminal charges filed against her, and that these charges, the threat of a criminal prosecution, and a prison sentence were used as leverage to gain the girlfriend's cooperation / testimony against the boyfriend.
That while under a no bond status - the assistant state attorney removed the girlfriend from the jail, with the assistance of the Volusia County Sheriff Department, and took her to eat at a fast food restaurant (Burger King). During this meeting - the assistant state attorney offered the girlfriend a "quid pro quo" plea deal, including her freedom, should she testify against the boyfriend.
A Conspiracy to Commit Perjury & Prosecutorial Misconduct?
The girlfriend was instructed by the assistant state attorney not to reveal the verbal plea bargain to anyone, to include - the court, the jury, or the boyfriend's defense attorneys.
The girlfriend testified against the boyfriend, during which, she successfully perjured herself, when questioned about the plea deal.
The boyfriend was convicted of murder, and is serving a life sentence, based on the girlfriend's perjured testimony.
The assistant state attorney honored his Burger King plea bargain with the girlfriend, once the boyfriend was convicted and sentenced.
The rumor supports that ranking members of the judicial system are aware of this alleged prosecutorial misconduct.
The rumor is unclear whether the State Attorney, R.J. Larizza has any knowledge, or involvement, in the alleged prosecutorial misconduct.
Our Request For Assistance
We (VolusiaExposed) would like to either prove or disprove the above rumors. Should you have any knowledge that would assist us in vetting out these rumors - we ask you to contact us at the below email address. We suggest that you use an anonymous email address. We don't wish to know your identity, we merely would like to know your information. Please provide us with as many details as you can, including any supportive documentation. This will assist us in vetting the information you provided.
Okay - so now you know the sustained factual findings of the 5th DCA, regarding both the Jerry Crew and Andre Brinson appeals - and we (VolusiaExposed) have walked you down a long road of rumors attached to a yet to be disclosed prosecution, which if true, even just a little, would have some serious credibility ramifications for our local State Attorney's office. So, can YOU assist us in proving or disproving the above rumors - if so - please contact us at the below email address.
Feedback@volusiaexposed.com
"We remind counsel that unprofessionalism not
only affects the parties
in the immediate proceeding but adversely affects the perception of justice itself. Our
profession has never been and should never devolve into a “win
at all costs” mentality. If
it does, we all lose."
Last Three Sentences From The 5th DCA Opinion In Brinson v State 5D14-653
Spencer Hathaway, the public information officer for the State Attorney's office responded, and advised us, that the Brinson decision was still under review, and that ASA Smith was no longer employed within their office.
Pending a decision by the State Attorney's office - Mr. Brinson's life, and freedom, resides some where in between limboland, and the twilight zone.
Rumors That Are Being Investigated
We (VolusiaExposed) Request YOUR Help In Vetting Out Some Rumors
Frankly, VolusiaExposed has in the past, opted to stay away from reporting "rumors". If you have been a long time reader of VX, you should be keenly aware, that we (VX) routinely provide supportive documentation to everything we post. However, sometimes a reporter comes across a rumor(s), that IF true, is of such momumental concern to the wellbeing of the public trust, that such a rumor(s), must be openly and publicly vetted. We (VolusiaExposed) believe we have come across such a rumor(s).
Further, given the fact that the 5th District Court of Appeal has recently opined two decisions that support prosecutorial misconduct within our State Attorney's office that doesn't appear to be a "new or a fading phenomenon" (page 13 of Brinson decision), we believe we have a duty to our readership, and to the public in general, to openly investigate said rumor(s).
We (VolusiaExposed) came across these rumor(s) while researching court records and sources for the Crew and Brinson articles. These rumor(s) were a constant theme in our research.
We (VolusiaExposed) know many of the particulars to these rumors, such as dates, and the names of several of the participants. We also have secured some supportive documentation in support of these rumor(s). However, in fairness to those individuals, we (VolusiaExposed) have opted NOT to include that information in our request for assistance. Our rationale for doing so, is simple. Should the vetting / investigative process support that the rumor(s) hold(s) no truth - these individuals' careers and lives will not have been subject to unwarranted public ridicule.
With that said - it's noted that elected public officials should NOT expect the same level of protection from public criticism / ridicule.
If you reveal your secrets to the wind, you should not blame the wind for revealing them to the trees. - Khalil Gibran
The rumor(s) centers around a murder prosecution out of the 7th Florida Judicial Circuit - State Attorney, R.J. Larizza's office.
Allegations state that an assistant state attorney held the girlfriend of a murder suspect in jail for nearly two years, under a no bond / witness status, in order to secure her testimony against the boyfriend (murder suspect).
The rumor(s) also alleges, that the girlfriend had criminal charges filed against her, and that these charges, the threat of a criminal prosecution, and a prison sentence were used as leverage to gain the girlfriend's cooperation / testimony against the boyfriend.
That while under a no bond status - the assistant state attorney removed the girlfriend from the jail, with the assistance of the Volusia County Sheriff Department, and took her to eat at a fast food restaurant (Burger King). During this meeting - the assistant state attorney offered the girlfriend a "quid pro quo" plea deal, including her freedom, should she testify against the boyfriend.
The girlfriend was instructed by the assistant state attorney not to reveal the verbal plea bargain to anyone, to include - the court, the jury, or the boyfriend's defense attorneys.
The girlfriend testified against the boyfriend, during which, she successfully perjured herself, when questioned about the plea deal.
The boyfriend was convicted of murder, and is serving a life sentence, based on the girlfriend's perjured testimony.
The assistant state attorney honored his Burger King plea bargain with the girlfriend, once the boyfriend was convicted and sentenced.
The rumor supports that ranking members of the judicial system are aware of this alleged prosecutorial misconduct.
The rumor is unclear whether the State Attorney, R.J. Larizza has any knowledge, or involvement, in the alleged prosecutorial misconduct.
We (VolusiaExposed) would like to either prove or disprove the above rumors. Should you have any knowledge that would assist us in vetting out these rumors - we ask you to contact us at the below email address. We suggest that you use an anonymous email address. We don't wish to know your identity, we merely would like to know your information. Please provide us with as many details as you can, including any supportive documentation. This will assist us in vetting the information you provided.
Okay - so now you know the sustained factual findings of the 5th DCA, regarding both the Jerry Crew and Andre Brinson appeals - and we (VolusiaExposed) have walked you down a long road of rumors attached to a yet to be disclosed prosecution, which if true, even just a little, would have some serious credibility ramifications for our local State Attorney's office. So, can YOU assist us in proving or disproving the above rumors - if so - please contact us at the below email address.
Last Three Sentences From The 5th DCA Opinion In Brinson v State 5D14-653
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