The Ever Changing Rationale For Sealing Court Records

August 29, 2016
"In a state where corruption abounds, laws must be very numerous." - Tacitus
Brevard Judges &
The U.S. Bill Of Rights

In December 2015 - VolusiaExposed.Com published our article agreeing with the Florida Supreme Court's decision to remove Brevard County Judge John C. Murphy from the bench.

In the summer of 2014 - Judge Murphy challenged a public defender (PD) to a physical fight due to the PD's refusal to waive his clients' sixth amendment right to a speedy trial. Worst yet - after the physical confrontation - Judge Murphy returned to the bench absent the PD and continued to conduct these criminal defendants' hearings absent their sixth amendment right to have legal counsel.

SPECIAL NOTE: When reviewing the court room video attached within our earlier article - note that neither assistant state attorney voiced concerns that the criminal defendants did not have counsel present in the court room as Judge Murphy continued with to proceed with the cases.

However - even with the removal of Judge Murphy - constitutional due process violations still seems to be transpiring within Brevard County court rooms.

VolusiaExposed.Com has developed particular concerns regarding the criminal prosecution of Dana Delaney Loyd.

July 26, 2016 Hearing - Judge Robin Lemonidis

The "Secret" Prosecution Of
Dana Delaney Loyd

In August 2015 - the chief editor of BrevardsBestNews.Com - Dana Delaney Loyd was arrested by the Brevard County Sheriff Department under the charge of falsifying a DCF child abuse hotline call.

Loyd developed concerns that a Brevard father was sexually engaging his pre-teen daughter. These concerns are shared - and were reported by several other individuals - to include medical professionals.

VolusiaExposed.Com has developed concerns that the ACTUAL catalyst for Mrs. Loyd's arrest - and her on-going prosecution is her long history of critically reviewing local law enforcement agencies - to include the sheriff department and state attorney's office.

Since Loyd's arrest - VolusiaExposed.Com has posted six (6) earlier articles in her defense (see blue box - right of page). VolusiaExposed.Com recommends that our readers take the time to review these articles for a better appreciation of our concerns.

Florida Statute 39.205(9)
(9) A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Anyone making a report who is acting in good faith is immune from any liability under this subsection.

Florida Statute 39.01(27)
(27) “False report” means a report of abuse, neglect, or abandonment of a child to the central abuse hotline, which report is maliciously made for the purpose of:
(a)Harassing, embarrassing, or harming another person;
(b) Personal financial gain for the reporting person;
(c) Acquiring custody of a child; or
(d) Personal benefit for the reporting person in any other private dispute involving a child.

Judge Lemonidis' Ever Changng Rationale For Sealing The Court Record
Sealing The Court File In Order
To Bury Court Secrets?

The Equivalent Of A Court Room Shell Game

In January 2016 - the State Attorney's office requested that Judge Lemonidis seal the complete court file in the Loyd prosecution.

On January 13, 2016 - Judge Lemonidis ordered that the Loyd criminal case file be sealed from public review. (see judicial order - in scroll box -->)

The judicial rationale for sealing the court file was to protect the pre-teen child's privacy. (again - see judicial order -->)

However - it is our (VolusiaExposed.Com) opinion that the sealing of the Loyd case - is a defacto gag order - that was put in place in order to protect a Brevard County judge that sees nothing wrong with a "little pedophilia" (Click link to review an April 13, 2001 Orlando Sentinel Article)

JANUARY 13, 2016
Court Approves Motion To Hide Court Records From Public View !

The judge mentioned in the Orlando Sentinel article is the very same judge that has presided over child custody issues regarding the subject child (Clarification added).

The child's father was given primary custody of the child - and the mother was placed under a "gag order" not to allege that the father was sexually abusing his daughter.

Further - the judicial order effectively put local law enforcement on notice that they were forbidden to even investigate such allegations against the father. (For supportive documentation - see our earlier articles linked on this page within the blue highlighted box - read Loyd's arrest report located within earlier articles)

Therefore - it is our (VolusiaExposed.Com) opinion that numerous received allegations against the father have gone un-investigated by law enforcement - due to the Court's inappropriate actions. We further allege that the court's inactions or interference with the administration of justice involves the actions of at least three local judges (read our earlier article for particulars). We allege (opinion) that these judges and the Brevard criminal justice system as a whole, are more interested in protecting members of the local justice system - than they are at protecting the safety of one pre-teen child.

We (VolusiaExposed.Com) allege (opinion) that Loyd's arrest and prosecution are attempts by local criminal justice practitioners to silence Loyd's publication BrevardsBestNews.Com prior to her being able to fully expose the corruption within Brevard County's child protective services. (again - read our earlier article for particulars)

Judge Lemonidis' First Flip Flop On The Rationale For Sealing The Court Record
The First Move Of The Shell....

In her January 13, 2016 order - Judge Lemonidis appears to be clear - that her rationale for sealing the Loyd court file was to protect the privacy of the pre-teen child. (see above scroll box)

However, in a May 23, 2016 court hearing (see below listed video - May 23, 2016 around minute 11) Judge Lemonidis seems to indicate that the Loyd court record was sealed due to Loyd's and possibly Loyd's attorney "passive aggressive harrassment" of the pre-teen's father - we invite you to review our July 19, 2016 article for additional details.

The Second Move Of The Shell...
Judge Lemonidis' Second Flip Flop On Sealing The Court Record

Then during a July 26, 2016 hearing (see video - top right of page) Judge Lemonidis flips once again and states that the rationale for sealing the court record is related to protecting the defendant's (Loyd) due process rights.

Interestingly - that rationale for sealing court files - in support of the defendant's due process rights - appears to be a rationale that is supported by the Florida Supreme Court. (Picture - top right of page) The above referenced picture is linked to a citizen guide published by the University of Florida.

The Third Move Of The Shell...
Judge Lemonidis' Third Flip Flop On Sealing The Court Record

However, on August 5, 2016 - Judge Lemonidis filed her written order from the July 26, 2016 hearing. --->

Judge Lemonidis' written order appears to be a complete 180 degree flip flop, regarding her expressed concerns during the July 26, 2016 hearing.

No more does the complete record need to be kept confidential in order to protect Loyd's due process rights. Now - the court only needs to redact the name of the subject father and daughter prior to releasing any court records.

The rationale for securing the court file flipped back to protecting the alleged victims of Loyd's alleged crime - with no apparent continuing concerns regarding the protection of Loyd's due process rights.
August 5, 2016
Court Order - Based On July 26, 2016 Hearing

Our View - Opinion

Many of our readers - upon watching the court room video from the July 26, 2016 hearing - may tend to believe the narrative that the Court and State Attorney forwarded during this hearing - that the purpose of the hearing was to resolve which court documents could be released to media entities - such as VolusiaExposed.Com & BrevardBusinessNews.Com. We (VolusiaExposed.Com) will agree that this is the narrative that the Court & the State Attorney wished to front - but we (VolusiaExposed) aren't buying it.

Ask yourself this question - if the State Attorney really was wanting to release records in July 2016 - then why did they request - that Judge Lemonidis seal the court record in the first place?

We (VolusiaExposed.Com) suspect that the July 26, 2016 hearing was NOT conducted in order to gain clarity of what records could be released to the media - but rather to modify (flip flop) yet another faux reason why the records should remain sealed (defendant's due process rights) - a rationale that is in compliance with a Florida Supreme Court's decision. (see top of page)

However - we (VolusiaExposed) suspect that with additional thought between the July 26th hearing and her (Lemonidis) August 5, 2016 written decision - it became clear to Lemonidis that there were no legal arguments that justified the sealing of the court records attached to ensuring Loyd's due process rights. In fact - we argue that the contray was true - the sealing of the court record was hampering Loyd's constitutional rights to a both a fair & public trial.

The sixth amendment provides a criminal defendant with many protections - like - the right to a speedy trial - right to legal representation, and the right to a public trial. The founding fathers - through the first amendment - also realized the importance of a free press to ensure that government officials do not over step these constitutional mandates.

Is Judge Lemonidis' Assignment To The Loyd Case A Violation Of A Standing Court Order?

May 2015 Judicial Order

With a little investigative foot work by VolusiaExposed.Com - we discovered a May 2015 judicial order from the then Brevard County Chief Judge John Harris that restricted Judge Lemonidis from hearing any court cases connected to the Eisenmenger law firm. --->

The judicial order restricts Judge Lemonidis from hearing any court case that involved the following attorney's within the Eisenmenger law firm.

Gregory Eisenmenger
Robert Berry
Scott Blaue
Mark Peters

2015 Judicial Order From Chief Judge John Harris
Restricting Judge Lemonidis From Presiding Over Any Cases
Involving The Eisenmenger, Berry, Blaue & Peters Law Firm
Scroll Down To Review

Court records support that the subject father (Loyd's alleged victim) has been represented by both Gregory Eisenmenger and Mark Peters - regarding child custody issues attached to his daughter.

In fact - based on Judge Lemonidis' suggestion (see below court videos) - Loyd's attorney attempted to intervene in the child custody case in order to gain the temporary lifting of a judicial gag order - so that the daughter's deposition could be taken in preparation for Loyd's pending criminal trial.

This judicial gag order has effectively kept law enforcement and DCF officials from investigating numerous abuse allegations against the father. We invite you - our reader - to review our earlier articles on this matter - located in the blue highlighted box contained within this article. Particularly - we suggest reading our February 17, 2016 article.
Mr. Mark Peters' (Attorney For The Father)
Letter To Jessica Burgess (Attorney For Dana Loyd)

Scroll Down To Review

In May 2016 - Attorney Mark Peters represented the subject father during Loyd's attorney's efforts to intervene in the child custody case (see above letter - in scroll box).

The legal intervention was resolved by the State Attorney removing the subject daughter from their witness list in the Loyd criminal prosecution - thus nullifying the rationale for obtaining the daughter's deposition.

However - VolusiaExposed.Com holds the opinion that since Loyd's attorney attempted to intervene in the child custody case based on Judge Lemonidis' suggestion - once that intervention motion was filed - and the intervention attempt had an effect on the Loyd criminal case (the removal of the daughter from the prosecution's witness list) - that Judge Lemonidis should have recused herself due to the Eisenmenger law firm's involvement.

Does A Perception Of A Judicial Favor Exist In The Loyd Criminal Prosecution?

In our opinion - Judge Lemonidis' has an conflict of judicial interest in her continuing assignment to the Loyd case. Our opinion is supported by both the May 2015 judicial order from Chief Judge John M. Harris - and the Eisenmenger's proxy involvement in the Loyd criminal prosecution - the latter based primarily on Judge Lemonidis' encouragement and suggestion to Loyd's criminal defense attorney.

Further - Florida State Department of Election records (see below) seem to indicate that the Eisenmengers donated $2000 during Judge Lemonidis' political campaign. In our opinion - Judge Lemonidis has placed herself, and the credibility of the entire Brevard justice system in question. Conspiracy theorists could start alleging that Judge Lemonidis is merely a pawn of the Eisenmenger law firm - and in as far as the Loyd prosecution - all involved parties (BCSO, SA, DCF,Court) are attempting to silence a media critic (LOYD) - who was attempting to expose the system's failure to protect Brevard's children. Want to know more about this conspiracy theory - then read our earlier articles (see above blue highlighted box) - but be prepared to lose your faith in our local criminal justice system.

And there you have it - and there is more to come ---- so stand by to stand by.......

Court Hearing Videos - State of Florida vs. Dana Loyd

January 8, 2016 hearing
The judge ran The "white noise" generator for most of the hearing

May 18 23, 2016

January 21, 2016
Part 1 of 2

January 21, 2016
Part 2 of 2

May 23, 2016
Motion For Contempt

July 26, 2016
Motion For Clarification


We look forward to your comments on this situation.
Drop us a line to let us know what you think.