VOLUSIA EXPOSED.COM |
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AN OPEN LETTER SAVING A FOURTEEN YEAR-OLD SCHOOL GIRL The Wrongful & Political Prosecution of Nicole Jackson |
November 12, 2024 |
The below email is an OPEN Letter to Defense Attorney Daniel Ripley outlining our concerns regarding the arrest - prosecution, and sentencing of a
juvenile criminal defendant (Nicole Jackson). This OPEN letter is scheduled to be posted to our digital publication by end of business Monday November 11, 2024.
In fairness - this publication has endeavored to send a copy of this email to all persons discussed within this OPEN letter.
Lies finds refuge within the darkness, Truth seeks the illuminating light of facts and evidence. Any suggestions, clarifications, and corrections are welcomed - please address them to editor@volusiaexposed.com Further this letter has been sent to members of the Seventh Circuit Judicial Nominating Commission - addressing our concerns with judicial candidate Sarah Thomas. From: Editor VolusiaExposed Cc: raelle@rwlaw.org, cwa@fishertousey.com, amorgan@cananlaw.com, ravenesword@gmail.com, erica.white@kvplaw.com, kelly.kwiatek@halifax.org, twhite@uww-adr.com, avallone.larry@pd7.org, metz.matthew@pd7.org, hughes.allison@pd7.org, mweinberg@circuit7.org, mchitwood@volusiasheriff.gov, shorsteinb@sao7.org, saopio@sao7.org, hathaways@soa7.org, agant@volusiasheriff.gov, tmydock@mydocklaw.com, ryan.newman@eog.myflorida.com, larizzar@sao7.org, willardm@sao7.org, megarod@sao7.org Subject: FYI - Defendant Nicole Jackson / ASA Sarah Thomas Date: Sun, 10 Nov 2024 18:37:28 -0500 Mr. Daniel Ripley Attorney At Law dan@rwlaw.org raelle@rwlaw.org Members of the 7th Judicial Circuit’s Judicial Nominating Commission (see pages 3-4 regarding Judicial Candidate Sarah Thomas) Ref: Nicole Jackson (Maldonado) Fraudulent Criminal Prosecution Case # 2021-303222-CFDB Volusia County, Florida https://www.clerk.org/ Dear Mr. Ripley: It is our understanding that you represent the interest of Ms. Nicole Jackson, a juvenile inmate within the Florida prison system. We (VolusiaExposed.Com) are a local Volusia County digital publication with a primary focus of exposing corruption within the local criminal justice system. The purpose of today’s OPEN LETTER is to enlighten your office to some relevant facts, that will illuminate the importance of your efforts in securing justice for Nicole. This letter serves a secondary purpose of advising the 7th Judicial Circuit’s Judicial Nominating Commission of some past concerns we have articulated against Assistant State Attorney Sarah Thomas’ candidacy for a judicial appointment. (see below linked letter to governor’s office) Obtaining justice for Nicole will far exceed the benefit to merely one child, but will in our opinion expose the corruption that has infected the entire criminal justice system within Florida’s Seventh Judicial Circuit. (law enforcement, prosecutor, public defender, court – some examples are listed within the post script portion of this letter) Ms. Jackson has acquired many supporters – mainly connected to the world-wide media coverage that was attached to her arrest and prosecution. Our publication proudly associates ourselves with the endeavors of several of Nicole’s advocates. We have been advised that some justice system practitioners wish to characterize Nicole’s supporters as “crazy” – thus implanting the insinuation that our concerns have no merit. We would counter-offer, that any and all insanity related to these matters are clearly incorporated within the unconstitutional practices of Ms. Jackson’s arrest and criminal prosecution. Per the sixth amendment to the U.S. Constitution – criminal defendants have the right to a “public trial”, and not a trial (court proceedings) held behind closed doors – with transcripts of these proceedings sealed from public preview. As documented within the below linked Volusia Sheriff’s Office (VSO) arrest report, on June 1, 2021 – fourteen year-old Jackson and her twelve year-old co-defendant were arrested for the attempted murders of several sheriff deputies. Both children were residing at a highly criticized children’s home – see below media link. During her arrest – Jackson was shot numerous times by sheriff deputies. Jackson’s injuries were serious – and her survivability was in question. As Jackson’s life was hanging in the balance – Volusia County Sheriff Mike Chitwood held a media briefing whereas he falsely stated that his deputies were targeted by numerous rounds of military gun fire (AK-47 rifle) from the two children. (see below linked YouTube video of Chitwood’s statement) June 2021 Sheriff Chitwood's Media Briefing The VSO’s own investigative / arrest report (see below link - see lines # 78-80) clearly concluded that the AK-47 was never fired during the incident. There was evidence that the children had fired two shotgun and four hand gun rounds – however, these six rounds appear to be inconsistent with Sheriff Chitwood’s media narrative (see above YouTube video link). The Florida Department Of Law Enforcement also conducted their own independent investigation (see below linked FDLE investigative report). From our review of the FDLE report – no law enforcement witnesses – including those that fired their weapons at the children would, or could, verify that the children fired the AK-47 rifle. Within this FDLE report, the ONLY person that stated that the AK-47 was fired was the twelve year-old male child – stating that he had fired the weapon towards the responding deputies. HOWEVER, the FDLE report also documents that the child was experiencing a diabetic emergency (see page 38 – blood sugar of 443) – and was providing incoherent, rambling and inaccurate statements (see pages 17-20 of the above linked FDLE report) As this publication stated within our February 22, 2023 article “Dark Justice Within The 7th Judicial Circuit” (see below link) – we opined that Sheriff Mike Chitwood, Prosecutor Sarah Thomas, Public Defenders Larry Avallone and Allison Hughes, and Circuit Court Judge Elizabeth Blackburn conspired in a plot to deny Ms. Jackson her fair and complete due process of law. Our above article exposes additional concerns relating to the above mentioned justice practitioners : Prosecutor Thomas and Public Defender Hughes were, and still are seeking gubernatorial judicial appointments to the bench. Recently (2024), Prosecutor Thomas presented a letter of recommendation from Sheriff Chitwood to the local Judicial Nominating Commission in support of her candidacy for the judicial appointment. Within Sheriff Chitwood’s endorsement letter – he mentions in the particular, Thomas’ assistance in resolving the highly publicized Nicole Jackson prosecution (see below link). This publication opines that Thomas’ usage of Sheriff Chitwood’s endorsement for her consideration for a judicial appointment – MAY have been a violation of Florida’s Judicial Ethics. We feel that Chitwood’s endorsement – at the very least – presents the appearance of a “Quid Pro Quo” understanding between Thomas and Chitwood – that likely negatively influenced the criminal prosecution of Ms. Jackson. In February 2024 – our publication submitted a letter to Governor Ron DeSantis’ office expressing our concerns regarding Thomas’ judicial candidacy (see below link). Thomas is scheduled to interview with the Judicial Nominating Commission again on November 19, 2024 – we re-submit our concerns regarding Thomas’ nomination for a judicial appointment. In regards to Public Defender Allison Hughes – we have forwarded our opinion that Hughes had two conflicts of interest that biased her representation of Ms. Jackson. First, her spouse was a ranking administrative member of the DeLand police department during the arrest and prosecution of Jackson. Furthermore, at least one member of the DeLand PD actively participated in the arrest incident (see FDLE investigative report). Records indicate that Hughes was in charge of the DeLand public defender’s office – in short, her spouse arrested the criminal defendants – and Hughes supervised their criminal defenses. While this may be a more efficient system of justice – the American criminal justice system was designed to be less efficient, and more adversarial, with a focus on the assumption of innocence – and where the State bears the burden of proving guilt. Sometime ago - we reached out to Hughes for a comment regarding her apparent conflicts of interest in representing Ms. Jackson – her boss – elected Public Defender Matthew Metz responded (see below linked email). Second, as stated earlier, Hughes was attempting to secure the nomination of the local Judicial Nominating Commission (JNC) for a gubernatorial appointment to the bench. John Reid – a senior ranking member of the local state attorney’s office – and a person known to routinely attend Ms. Jackson’s court hearings was / is a commissioner on the JNC. Therefore, we argue that an appearance existed - that should Hughes aggressively represent Ms. Jackson’s interests – such effective representation could negatively affect her chances of securing a judicial nomination. (further information and clarifications are available within the below link) If it is difficult for you to believe that Assistant State Attorney John Reid would engage in such tomfoolery – then please review the below linked media article from 2022. Judge Disqualifies State Attorney's Office From Case After Lawyer Says It Has Conflict Of Interest In regards to Public Defender Larry Avallone – prior to becoming an attorney, Mr. Avallone worked as a Volusia sheriff deputy. Therefore we opine – that Mr. Avallone at the very least has the appearance of a conflict of interest - in representing a criminal defendant charged with attempting to murder Volusia sheriff deputies. (see the below linked article for additional information) Regarding Circuit Court Judge Elizabeth Blackburn, it’s important to first understand that judges are by definition - politicians. Politician’s careers, by their very nature, thrive or die through the political endorsements they can secure. In short, many county court judges desire to become a circuit court judge, and many circuit court judges desire to be appointed to the district court of appeal, and so on. No judge wants to get on the “wrong side” of the local sheriff – this is particularly so in the case of Volusia Sheriff Mike Chitwood. Media accounts clearly document that Chitwood has no problem twisting the arms of judges in order to secure the court rulings he desires. (see the below linked letter and our July 22, 2023 article) “The Politics Of Judicial Bias” We opine that such was the case in the arrest and criminal prosecution of 18 year-old Iyanna Rollins. Circuit Court Judge Randell H. Rowe did not want to alienate Sheriff Chitwood – why – well because Judge Rowe wanted to keep Sheriff Chitwood’s political endorsement. (see the above linked article AND the below linked political endorsement) All Judge Rowe had to do to please Sheriff Chitwood – was to deny Ms. Rollins – a young African-American girl her constitutional rights – heck that happens almost daily within courtrooms across Florida’s 7th Judicial Circuit ! (see below motion and court order) Flashing back to Ms. Jackson’s prosecution – Circuit Court Judge Elizabeth Blackburn also appreciates the importance of keeping Sheriff Chitwood happy. It was very clear to us that the State (Court & prosecutor) never wanted to take Jackson to trial. Why – well we opine that Judge Blackburn inadvertently addressed why during a January 27, 2023 hearing – the “extra-ordinary media attention” …. from local, national, and international media” (see below linked YouTube video of hearing). January 27, 2023 Judge Blackburn Orders A Non-public “Nelson” Hearing – Media And Public Removed From The Courtroom During the above linked hearing – Judge Blackburn stated that the sole purpose for this "lock down" hearing was to handle a “Nelson motion” – basically, Jackson was requesting new attorneys – for months Jackson had expressed her displeasure with her attorneys – she wanted to go to trial – they wanted her to take a plea deal (see below linked media article). Daytona Beach News-Journal Teen accused of shooting at Volusia deputies requests hearing to dismiss attorney We opine the belief that Jackson’s court appointed public defenders were working in concert with the prosecutor, and the Court to strong-arm Jackson into accepting a plea deal acceptable to Sheriff Chitwood. Should you doubt Sheriff Chitwood's heavy involvement in the development and the implementation (strong-arming) of this plea bargain – re-read Chitwood’s below linked letter of recommendation regarding Prosecutor Thomas’ nomination for a judicial seat – “Sarah and I worked closely together on a nationally publicized case, State V. Nicole Jackson…..” From our vantage point - we allege that Judge Blackburn's sealing of the transcript of this "lockdown" hearing - only supports our concerns that during this hearing, the juvenile defendant may have been unethically coerced by the Court, and her own defense to accept the prosecutor's plea bargain (see below linked Court order sealing hearing transcript). Court Order Sealing Hearing Transcript During a January 5, 2023 hearing – Jackson clearly stated that she wanted to go to trial – and with different attorneys ... attorneys interested in taking her case to trial OVER a plea bargain with prosecutors. (see below linked article and YouTube video of hearing) Juvenile Defendant Rejects Twenty Year Plea Deal January 5, 2023 Jackson Repeats Her Desire In Open Court – For The Court To Assign Her New Attorneys. Think on this a bit – if Nicole was your daughter – charged with shooting at Volusia County deputies – would you want a former Volusia County sheriff deputy, and the spouse of a law enforcement officer that had staff at the shooting scene representing your daughter? The State (Court and prosecutors), and Sheriff Chitwood had no interest in this case going to trial – especially with an expected heavy appearance of the media. Embarrassing FACTS may come out during a trial – like Sheriff Chitwood lying about the children firing the AK-47 rifle – OR that his sheriff department failed to investigate whether Jackson was sexually molested while in jail custody. (see the below linked media article – containing official supportive documentation) One Child’s Fight For Freedom And Justice While Judge Blackburn was conducting her January 27, 2023 “secret – out of public view Nelson hearing” – what was Prosecutor Thomas busy doing? Thomas was busy drafting and filing with the Clerk of the Court a Motion In Limine requesting that the Judge not allow jurors to hear any alleged “irrelevant” testimony that may cause jurors to sympathize with Jackson. Was this motion filed to provide cover for Sheriff Chitwood’s failure to investigate whether Jackson was molested while in jail custody, OR to hide Chitwood’s level of involvement in the coerced plea bargain? (see the below linked Motion in Limine) During the January 27, 2023 lock down Nelson Hearing – only the following were allowed to attend – Judge Blackburn – Ms. Jackson with her defense team – AND two Volusia County sheriff deputies (bailiffs). We submit for consideration – that an “appearance” exists that these bailiffs may have been reporting back to superiors (including the sheriff) on what was being discussed during this hearing. Is it really that hard to believe – that police officers would assist other police officers in a cover-up? Well, maybe you have not heard about the on-going scandal tearing apart the Kissimmee PD (see below linked media article). Grand jury condemns Kissimmee Police Department's 'culture of cover up' To Read The Grand Jury Indictment Of The Kissimmee Police Department Regarding the above linked criminal indictment, the Kissimmee PD was attempting to cover-up an excessive use of police force. On June 1, 2021 several Volusia sheriff deputies using high velocity rifle rounds blew out the backside of a fourteen year-old school girl. Is it just possible – may even probable that the Volusia sheriff office, together with the state attorney’s office and the Court are covering up the excessive use of force and sexual molestation of a little girl? Mr. Ripley – your law firm prides itself in “Righting Wrongs” – we submit for your consideration a “wrong” that cries to heaven to be righted. For anyone reading this open letter that wishes to assist in “righting this wrong” – please see below. Donations to assist in Ms. Jackson-Maldonado's appeal can be made to: Advocating For Others, Inc. P.O. Box 512 Lake Helen, Fl 32744 OR at any Vystar Credit Union VolusiaExposed.Com editor@volusiaexposed.com "Truth will ultimately prevail where pains is taken to bring it to light. " - George Washington (1794) cc - as indicated bcc - several, including internal and external to VolusiaExposed.Com P.S. - additional examples - suspected acts of prosecutorial misconduct & over-reach within the 7th Judicial Circuit's State Attorney's Office. In October 2023 – a 75 year-old retired Marine Master Sergeant fired shots from his garage at two Volusia County sheriff deputies. When arrested by the sheriff department – Michael Webb was only initially charged with the discharge of a firearm within city limits. The prosecutor raised the charge to aggravated battery – but that’s still a far cry from the attempting murder of police officers charges that were filed against Ms. Jackson. Webb’s case is still pending. (clerk.org - 2023-102216-CFDL) IN THE DEFENSE OF A CHILD The Disparate Prosecutions Of A Man, A Woman, And A Child ========== The wrongful prosecution of Devin Perkins 2023-100736-CFDL (Clerk.Org) https://savedevin.com/ Devin Perkins deserved a speeding ticket; instead he was convicted of vehicular homicide The father of one of the crash victims is a retired prosecutor from Pennsylvania – and he push for the prosecution of Devin Perkins. The other victim parents understood that Devin was not responsible for their children’s death and supported Devin through his wrongful prosecution. Hey – didn’t Sheriff Chitwood start his career in law enforcement in Pennsylvania ? Wonder if Chitwood and the father know each other? Ali Spice's parents: Prosecutors treated them like adversaries, threatened with arrest ========== The Attempted False Prosecution of Virgilio Mendez. State Attorney Dismisses Charges Against Virgilio Mendez, 18, Migrant Accused of Manslaughter in Deputy’s Death Drop us a line to let us know what you think. EMAIL US |