VOLUSIA EXPOSED.COM
                   


OUR CONTINUING SERIES
IN THE DEFENSE OF DANA DELANEY LOYD

Did The Brevard Sheriff's Office Over-Step
It's Authority In Child Abuse Investigations?

Does The BCSO Have A Child Protective Services Contract With DCF?

Updated
July 8, 2019
"We were young, we were foolish, we were arrogant, but we were right."
~ Daniel Ellsberg (Pentagon Papers fame)
INJUSTICE
Its Just Not A
New York City Phenomenon


The Netflix's series When They See Us did an excellent job exposing the miscarriage of justice attached to the 1989 arrests and criminal prosecutions of the New York City "Central Park Five".

Five (5) young boys (early to middle age teenagers) were arrested and criminally prosecuted for the April 19th, 1989 brutal rape of a NYC Central Park jogger. All five of the teenagers were minorities.

Because New York City officials (police & district attorney) refused to apply proper investigative techniques - all five boys were eventually convicted of this horrific crime.

Over a decade later, all five men were exonerated of the crime - when an imprisoned New York serial rapist admitted to the crime, with DNA evidence backing his confession.

Even given the confession, and the DNA evidence, sadly some, including government officials, still refuse to accept the innocence of these five men.

In our OPINION, some government officials refused to acknowledge the innocence of these men, because in doing so, they must accept and acknowledge their own "crime" against these men. When law enforcement and prosecutors fail to follow the evidence and the law - their own misdeeds are sometimes as damaging to the public's safety and welfare, as the alleged crime of the defendant(s).

BREVARD COUNTY, FLORIDA
Has It's Own Long History Of Injustice


FloridaToday.Com's, Investigative Reporter, John Torres - in his investigative series, Murder On The Space Coast has done an outstanding job exposing the decades of corruption attached to the Brevard County criminal justice system.

The FloridaToday.Com series explores several decades of murder prosecutions within Brevard County, in which criminal convictions were secured with questionable evidence and testimony. The series also highlights questionable investigative techniques used by both the police and the State Attorney's office.

Like NYC officials, Brevard County officials are also reluctant to accept and acknowledge their past wrongful criminal prosecutions.

Then again, the Brevard County Criminal Justice System can not address their past sins - without first addressing it's current on-going criminal syndicate against the sanctity of Florida law, and the U.S. Constitution. A prime example of this criminal syndicate is the 2017 criminal prosecution of child advocate, Dana Delaney Loyd.



BREVARD COUNTY, FLORIDA
21st Century Injustice


As is covered within our "In The Defense Of Dana Delaney Loyd" investigative series, this publication forwards the OPINION that the Brevard County Sheriff's Office, together with the State Attorney's Office - and with some assistance from two Circuit Court judges (Lemonidis & Reinman) manufactured and forwarded an illegal and false criminal prosecution of Loyd, a mother, a child advocate, and an investigative reporter.

In early 2015, Loyd owned and operated the Internet based news publication, BrevardsBestNews.Com (BBN)*. BBN's focus was on the daily functions, triumps and failures of the local Brevard criminal justice system.

* BBN has been censored / removed from the Internet in order for Loyd to comply with the rather strict, in our OPINION, illegal, conditions of her criminal probation


Loyd's efforts assisted in exposing the rather disturbing hidden underbelly of the 18th Judicial Circuit, it's rather high tolerance for pedophilia. VolusiaExposed.Com credits Loyd for her early exposure of a Brevard County law enforcement officer's pedophilic behaviors.

Did The Sheriff's Office Overstep Their Legal Authority?

In August 2015, the Brevard County Sheriff's Office (BCSO) arrested Loyd under the charge of making a false call to the Florida Abuse Hotline. Within this particular article, we shall explore whether the Brevard County Sheriff's Office even had the legal authority to determine whether Loyd's call to the Florida Abuse Hotline equated to a "false call", as defined within Florida Statutes, Chapter 39. (more on that later)

As detailed within our April 29, 2019 article, we suspect that the BCSO over-stepped their legal authority, in order to fulfill their agenda to silence Loyd's efforts of exposing the hidden sexual peccadillos within the ranks of the BCSO, as well as quieting Loyd's efforts in exposing BCSO's failures to properly investigate allegations of the sexual abuse of a child, as was alleged within Loyd's call to the Florida Abuse Hotline.

Jumping Into The Weeds
An Overview Of The Child Sex Abuse Allegations That Lead To Loyd's Arrest


VolusiaExposed.Com has posted over thirty (30) articles which cover the arrest, trial, and criminal conviction of Dana Delaney Loyd. Incorporated within those articles is additional information regarding the sexual abuse allegations that Loyd was attempting to report to the Abuse Hotline. Within this article, we shall not completely rehash all of the supportive documents attached to the Loyd prosecution - all of that, to include, the courtroom trial video, and written trial transcripts of Loyd's kangaroo trial are available for review.

The North Carolina Investigation

Ultimately, Loyd ran afoul of the law when she became aware of allegations surrounding a then pre-teen girl's allegations against her father. The allegations against the father were made years earlier (2009-2010) when the mother had primary custody of the child. The mother resided in North Carolina, and the child would visit her father in Brevard County.

The child's parents divorced in 2004.

In the spring of 2010, the child having recently returned to North Carolina from a visit with her father, reported to her mother and North Carolina officials that she had been sexually abused by her father.

Within the attached (--->) North Carolina Sheriff's Office report - the child reported her father's alleged abuse. (Scroll With In The Display Box To Review The NC Report)


SCROLL DOWN TO REVIEW REPORT

NORTH CAROLINA ABUSE INVESTIGATION














Florida vs. North Carolina Investigations

Based on the Craven County Sheriff's Office (North Carolina) investigation, there was some evidence that the father was sexually abusing the child. However, the crime, IF it had occurred - it occurred within Florida - therefore, Craven County officials had no jurisdiction.

North Carolina officials promptly advised Florida officials (Brevard County Sheriff's Office) of the child's allegations.

Investigative Reporter Dana Delaney Loyd Is Sorely Missed
Oh Mrs. Loyd, Where Art Thou?


This publication (VolusiaExposed.Com) has no OPINION regarding the veracity of the allegations against the subject father. We do however, hold the OPINION, that Brevard County officials failed to properly investigate these allegations. In fact, absent the arrest, and criminal prosecution of Investigative Reporter, Dana Delaney Loyd, this publication would have had zero interest in these particular allegations of sexual abuse of a child. Such was the interest, and the forte, of Loyd's reporting - and soley because of Loyd's court ordered silence and censorship, this publication developed an interest into these other related matters. (See Below - And Our Earlier Articles For Additional Details)

HOWEVER, given our respect for Loyd's past reporting - and now, her court ordered absence from reporting, this publication felt obligated to inquire - whether allegations of sexual abuse against children are being properly, and legally, investigated within Brevard County? If these BCSO "investigations" into the subject child's allegations are to be used as the measuring stick - then the answer to that question would be that - these types of abuse investigations are not being properly investigated.

Florida's Failures

Due to the above subject child's allegations of being sexually abused by her father, records indicate, that the Brevard County Sheriff's Office (BCSO) conducted at least three investigations into those allegations. Problem is - social media records indicate that at least one of the BCSO investigators was a "friend" of the father. Email records further indicate, that the father's BCSO friend was providing the father with "back door" information attached to the other two BCSO investigations.

In the end, the BCSO investigations did NOT support abuse by the subject father. Given the above, together with the fact that the Court had already ruled that the father had not abused his daughter - the BCSO finding was really not a surprise.

At best these BCSO "investigations" were compromised, and at worst - these investigations ONLY purpose was to facilitate a "cover-up" - that the 18th Judicial Circuit had a rather long history (dating back to at least 2001) of having a high tolerance for pedophilia.

Florida Circuit Court Judge George "a little pedophilia" Maxwell

Court records indicate that Judge George Maxwell was initally assigned to the subject child custody case.

IF the BCSO "investigations" were cover-ups, and this publication suspect that they were, then it would appear that the Florida 18th Judicial Circuit desired to cover-up their failures to properly investigate the alleged sexual abuse of the subject child.

In addition to our concerns of investigative bias by the BCSO, VolusiaExposed.Com holds the OPINION that since the BCSO does NOT have a contractual relationship with DCF, in order to conduct Child Protective Investigations (CPI) - that they (BCSO) did not have the legal authority to investigate the subject child's abuse allegations (MORE ON THIS LATER).

VolusiaExposed.Com alleges the probablility that the BCSO was illegally "assigned" to investigate the child's allegations, due to Judge George Maxwell's past history with DCF officials.

According to an April 2001 Orlando Sentinel article, the Florida Department of Children & Families (DCF) was successful (at least for a short while) in getting Maxwell removed from hearing child custody / welfare matters, due in part, to his rather high tolerance for "pedophilia".

State judicial records also indicate that in 2008, Judge Maxwell was disciplined by the Florida Supreme Court for judicial misconduct, involving another unrelated court case. At last check, Judge Maxwell still serves on the 18th Judicial Circuit as a "senior judge" (retired / part-time / as needed).

The Court (Judge Maxwell 2013) restricted the child's mother visitation rights - pending her recanting that the child reported sexual abuse. The father, with the Court's authority, has denied the mother any direct contact with her daughter for over two (2) years now. The mother continues to refuse to recant the child's allegations against the father.

This publication is not sure how the mother is expected to recant these reported sexual abuse allegations - because the child, also reported these same allegations in vivid details to a North Carolina sheriff investigator. (see above scroll box)

"Based Upon My Investigation As A Criminal Investigator With The Craven County Sheriff's Department, There Is Probable Cause To Arrest (father's names redacted by VolusiaExposed.Com) For Sexual Assault Of (child's name redacted by VolusiaExposed.Com)" ~
John Whitfield
May 7, 2010




The Judicial High Jinxs Of Judge Robin "Railroad" Lemonidis &
Judge Morgan Reinman


The Court (Judge Morgan Reinman 2016) even made it a requirement that the mother silence "third parties" (media organizations) in their coverage of this child custody case - which has a direct connection to their (media organizations) coverage of the Loyd prosecution.

How is the mother suppose to control the media? Is it proper, or even legal, for the Court to restrict the mother visitation rights to her child - because the mother has failed to "control" certain media outlets?

These media outlets obviously have a legitimate interest in the Loyd criminal prosecution - and the mother has zero control over that prosecution, so how is she suppose to silence, or even deter these media organizations? Maybe, the larger, and more important question is - why does the Court wish to silence, the mother, Loyd, and the media?

As is memorialized within a June 29, 2017 courtroom video taken during the re-sentencing of Loyd, even Judge "Railroad" Lemonidis was unsuccessful in "turning off the information tap" regarding the Loyd prosecution. During both her sentencing, and re-sentencing hearings, Lemonidis even advised Loyd that she could be held accountable for any further media publications regarding her case.

So, welcome to Lemonidis' and Reinman's version of America. An America where - if your can't assist the Court in silencing the press / media (a.k.a. - violate the First Amendment to the U.S. Constitution) - then your rights to your child, and your freedoms are judicially impounded.



Judicial Tag Teaming

Upon Judge Lemonidis' self recusal from the Loyd case (see upper right of page for additional commentary) - then Chief Judge John Harris assigned the case to Judge Morgan Reinman.

Due to Reinman's past involvement with the child custody case, and her (Reinman) January 8, 2016 Order, in which Loyd's (Dana Delaney) name was mentioned - Loyd requested that Judge Reinman recuse herself.

Not only did Judge Reinman deny several recusal requests, but as discussed within our January 18, 2019 article, this publication suspects that Judge Reinman illegally manipulated the judicial docket, in order to insure, that Loyd's case would not automatically rotate to another judge.

However, as is discussed within the upper right column of this article, during an April 12, 2019 hearing, Judge Reinman quietly allowed the Loyd case to be automatically reassigned to another judge.

The Manipulation Of Justice By
Judge Morgan Reinman


WATCH & LISTEN - During an April 12, 2019 hearing, Judge Morgan Reinman "QUIETLY" allows a continuance in the Loyd violation of probation hearing - so that the matter would rotate to a different judge. In the past, Reinman had denied several of Loyd's judicial recusal requests. Furthermore, in our OPINION, in January 2019, Judge Reinman illegally manipulated the court docket by having Loyd's case reassigned to her after a scheduled docket rotation had assigned it to another judge. Now, in April 2019 - Reinman is more than happy to allow the case to rotate to another judge - listen - Reinman's comments are very interesting.



The Manipulation Of Justice By
Judge Robin "Railroad" Lemonidis


After denying a requested judicial recusal, after presiding over Loyd's kangaroo trial, after assuring Loyd's defense team that she would assist in making sure Loyd could not mount a "ineffective counsel" appeal (commonly referred to as a 3.850 appeal), after sentencing Loyd to a sentence of silence that would facilitate a difficult 3.850 filing, after having a private meeting with the jurors, after twice improperly providing "jury instructions" during the trial, after referring to Loyd as a "yellow journalist", after banning this publication's camera from the courtroom, after illegally impounding this publication's press notes, after illegally sentencing Loyd, proven by the necessity of a re-sentencing hearing...., Judge Robin "Railroad" Lemonidis self recused herself from the case.(see below judicial order)

And so goes justice within the Florida 18th Judicial Circuit (Circus).

Click Judicial Recusal Order For Additional Commentary



So why were both Judge Lemonidis and Judge Reinman initially reluctant to recuse themselves from the Loyd case? Well, in our OPINION, it was far more important for the Court to silence both Loyd, and the subject child's mother, in order to protect the entire judicial circuit from being accused of having a high tolerance for pedophilia. It is clear, in both the criminal prosecution of Loyd, as well as in the child custody case, that the Court has an extreme interest in silencing Loyd, and the subject mother. In our OPINION, both Lemonidis and Reinman were on a mission, and justice be damned, in order to cover-up, and silence any voices that questioned whether the judicial circuit, and local law enforcement were failing to properly investigate allegation of sexual abuse against children.

Initially, the judicial circuit was only in for a "penny", in their attempts to silence any criticisms. However, the subject mother just could not be silenced, and years later, the judicial circuit suddenly discovered that they were now in for a "pound", and in danger of bankrupting the entire judicial circuit's credibility, simply to cover up for the circuit's failures to properly, and legally investigate allegations of sexual abuse against children.

We will admit that much of the above sounds a little far fetched, that is, until you realize the actual level of judicial corruption that is transpiring within the 18th circuit. The following, is a quick overview of the judicial corruption that has infected the 18th circuit.

Judge Robin "Railroad" Lemonidis' Long History Of Unchecked Judicial Misconduct

As covered within our June 4, 2019 article, Judge Lemonidis has a rather long and documented history regarding allegations of unchecked judicial misconduct / bias within her courtroom.

These other unrelated allegations (not related to Loyd's case) were not made by this publication - but rather by attorneys, that have daily dealings with "Railroad" Lemonidis.

Within our June 4, 2019 article, this publication provided web links to filed court motions alleging that Lemonidis:

1. Mischaracterizes the testimony of a witness

2. Provides testimony within her own courtroom

3. Judicial bias - taking on the role of litigant against the criminal defendant

4. Engages in tyrannical behavior

There is no doubt that Lemonidis routinely interjects her own OPINIONS and BELIEFS as FACTS and EVIDENCE within her courtroom.

Judge Robin C. Lemonidis

Webpage From Lemonidis' Website
Regarding Sex With Minor Prosecutions

Click Here To Review This Webpage

This publication forwards our OPINION that Lemonidis allowed her past experiences of representing criminal defendants charged with sexual offenses against children, to cloud her judgement during the Loyd trial.

This publication was able to secure some screen shots from Lemonidis' now removed law firm website - it which she questions the reliability of child witnesses in sex abuse cases. Lemonidis' former law firm website was active, and available for public review, during Loyd's March 2017 trial. So, not only could it (website) have been reviewed by the jurors, but by any witnesses that testified during Loyd's trial.

Jumping Out Of The Weeds
And Into The Facts - Of What Exactly Equates To A "False Call" To The Abuse Hotline


As we indicated early, this article will now explore and question, whether Brevard County officials, in the particular, the Brevard County Sheriff's Office had the LEGAL AUTHORITY to determine whether Loyd's call to the Florida Abuse Hotline was by definition a "false call".
The criminal offense of making a "false call" to the Florida Abuse Hotline is defined within Florida Statute 39.205(9) -->.

The definition of what is a false report / call to the Florida Abuse Hotline is defined withn Florida Statute 39.01(27)-->.

During Loyd's March 2017 trial - both the defense, and state prosecutors pretty much agreed that two above statutes were significant to the Loyd prosecution.
IN FLORIDA - WHO DETERMINES IF AN ABUSE REPORT IS "FALSE"?
Well, Like Many Things In Florida, Including Voting - That's Complicated


RELATED WFTV - CHANNEL 9 MEDIA ARTICLE
Mother Sues - Claims Child Protective Services Failed To Properly Investigate Child Abuse
Per Florida Statutes, DCF rules, and as further supported by a 2004 Second DCA court decision, the Florida Department of Children & Families (DCF) has the authority and responsibility to determine what equates to a false abuse report / call.

HOWEVER "the complication", DCF only has their Child Protective Investigators (CPI) make these "false report" determinations in sixty-one (61) of Florida's sixty-seven (67) counties.

Within the other six (6) counties in Florida (Broward, Hillsborough, Manatee, Pasco, Pinellas, and Seminole) DCF has contracted CPI responsibilities to the county sheriff's offices. --->

The Brevard Sheriff's Office is NOT contracted with DCF to conduct Child Protective Investigations (CPIs) - nor are there any indications that any BCSO staff have been trained as CPI investigators.

In fairness to both the BCSO and the State Atorney's Office, this publication sent an email to both, outlining our concerns, and inviting them to provide a response to our readers. As of the publication of this article, no response has been received.

Therefore, in our OPINION BCSO can not determine whether a call to the Florida Abuse Hotline meets the legal definition of a "false call".

This publication holds the OPINION, that prior to arresting Loyd for making a false call to the Abuse Hotline - the BCSO had an affirmative, and legal responsibility to get a formal decision from DCF on whether Loyd's call was by legal definition - a "false call".

DCF Confirms Our Suspicions

This publication suspected in early 2016, that it would be a significant factor within the Loyd trial, that DCF had not made an official investigative conclusion of whether Loyd's call met the strict legal definition of a false call / report.

In an April 7, 2016 email exchange with DCF senior staff, nearly a year prior to Loyd's trial, DCF confirmed with VolusiaExposed.Com that they (DCF) never conducted an investigation determining whether Loyd's call to the Abuse Hotline equated to the statutory requirements and definition of a "false call".

BCSO Agent
Robert Fischer


During Loyd's March 2017 trial - BCSO Agent Robert Fischer testified that his investigation confirmed that Loyd's call was by definition (F.S. Chapter 39) a false call to the Abuse Hotline. In our OPINION, Fischer had no legal authority to make that investigative conclusion, because the BCSO had no contractual relationship with DCF to conduct those types of specialized CPI / CPS investigations - nor, to our knowledge, was Agent Fischer a trained Child Protective Investigator (CPI).

DCF CPI Investigator
Oneil Brooks


Records clearly indicate that DCF CPI Investigator Oneil Brooks was assigned to investigate the allegations of child abuse, as alleged within Loyd's call to the Florida Abuse Hotline.

O'Neil concluded that there were no indicators of abuse. However, such a finding does not automatically confirm that the caller made a false report to the hotline. Such a "false call" determination is made by DCF via a very complex investigative process - which DCF officials twice denied ever completing.

May 30, 2019 email

April 7, 2016 email.


What Did The Prosecutor Know?
And What Was Hidden From The Jury


During Loyd's trial - DCF CPI Investigator Brooks testified as a witness for the prosecution.

When Loyd's defense attorney questioned Brooks as to whether he had ever made an investigative determination that Loyd's call was a "false call" - Assistant State Attorney Sean Sendra quickly objected - stating that such a question "called for a legal conclusion" by CPI Investigator Brooks.

Judge Robin "Railroad" Lemonidis quickly sustained the objection stating that the defense's question was an "invasion of the province of the jury"(see page 608 of trial transcript -->).

Excluding Exculpatory Evidence
&
Improper Jury Instructions?



Given the the BCSO did NOT have a CPI contract from DCF to conduct CPI investigations - from our vantage point, and limited understanding of the law - it would appear that ONLY the assigned DCF CPI, in this case, Mr. Brooks, could have made the legal conclusion whether Loyd's call to the hotline was in fact a false call. Since it is clear, that DCF is on the record, that they never conducted an investigation into whether the hotline call was, by legal definition, a "false call", ASA Sendra knew CPI Brooks could ONLY answer that he had NOT made an investigative determination that the hotline call was a "false call".

Imagine what damage it would have caused to the prosecution's case - if Loyd's jury heard that the DCF CPI investigator could not confirm the prosecutor's thesis that Loyd made a false call to the abuse hotline. Such testimony, in OUR OPINION (non legal), would have been so exculpatory in nature, that an acquittal would have been a foredrawn conclusion.

In Walks The Specter Of A Mistrial


Obviously, CPI Brooks was the ONLY witness that could legally testify whether Loyd's abuse hotline call met the legal definition of a "false call". Therefore, in our OPINION Judge Lemonidis denied Loyd a fair and impartial trial, by denying the defense's questioning of CPI Brooks of whether he had made a "false call" determination.

Judge Lemonidis also erred, in her belief, that the decision of whether the hotline call was a "false call" was left to the "province of the jury". The jury's province was SOLELY to, after hearing all the evidence - determine if Loyd committed the crime of making a false call to the abuse hotline - and NOT to whether the call itself - met the statutory / regulatory requirements of being a "false call". That responsibility is STRICTLY the province of DCF CPI investigators, AND those select, and properly trained sheriff agents within the six (6) sheriff's offices that contract CPI responsibilities with DCF (Broward, Hillsborough, Manatee, Pasco, Pinellas, and Seminole).

We are also of the OPINION that Judge Lemonidis' statement in open court, and in the presence of the jury - that it was the province of the jury to decide whether Loyd's abuse hotline call met the legal definition of a false call was a defacto improper jury instruction.

Given, Judge Lemonidis' improper jury instructions, and the silencing of Mr. Brooks' testimony - this publication argues that Loyd's trial was by definition a mistrial of justice.

Both Loyd, and the subject mother, have scheduled court dates later this month (July 2019)..... stand by to stand by .... there is surely more to come of this circus....



We look forward to your comments on this situation.

Drop us a line to let us know what you think.

RELATED WFTV - CHANNEL 9 MEDIA ARTICLE
Mother Sues - Claims Child Protective Services Failed To Properly Investigate Child Abuse




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