The 11th Circuit recently sanctioned the state's use of perjury to defeat Baker's constitutional right to meaningful access to the courts via habeas corpus. As we see from the record in this case, Assistant State Attorney, Scott Raft, the State Attorney's 2nd in command and 22 year veteran of the State Attorney's Office and Person In charge of the (Lame Duck) Political Prosecutions Unit, (due to the total political prosecutions numbering less than two (2) over the past 30 years), and known by the State Attorney to be utterly corrupt, was assigned to defeat Baker's habeas corpus action at all costs and by whatever means. Did I mention that Raft was the Prosecutor of the Year for 2007, the same year that he was set upon Baker's case to defeat access to the courts. Baker, a lowly 52 year old pro se litigant was falsely convicted upon evidence manufactured by the City of Hollywood, Florida. The City ascribes a nomenclature to the fabrication of evidence as "DOING A LITTLE WALT DISNEY ON THE EVIDENCE," and it is now, and has been the policy of the City of Hollywood for years and years. The following link will direct you to one of the more recent episodes of "Doing a Little Walt Disney on the Evidence". You heard that the City of Hollywood Police Department is historically corrupt, and that the video in the Torrens-Vilas case had been doctored to excise the comments by the conspiring police officers as to Doing a Little Disney on the Evidence. The video that you are about to see was sent to the State Attorney for the 17th Judicial Circuit of Florida as proof that Donald Baker attacked two police officers, ripped a radio from their uniform and tossed the radio through the air so that the two cops "could not summon assistance." Here is the "Charging-Package-Video," which was subsequently provided to defense counsel, Madeleine Torres, as proof of these batteries. Torres was a recent law-school graduate and was assigned to Bakers case in violation of the Public Defender's assignment policy that Torres could not represent a defendant in a felony case unless and until she had two (2) years of criminal felony trial experience. Torres, according to the Assistant State Attorney assigned to this case had only one or two felony trials under her belt. In other words, she was incompetent to be appointed to the Baker case, but, because of underfunding by the County of Broward, State of Florida, and the absence of qualified attorneys, she was set upon this case. Torres advised Baker that he "had to plead guilty, because the State has a video proving his guilt." She played the Brady video, and Baker asked her where her brain was located; because, even Ronald McDonald cast in stone in the front of McDonald's Hamburgers could see that this video was false; yet, she could not? Torres sat on this falsified video for nearly three months and accepted that video as the gospel, notwithstanding the common knowledge that Hollywood had a chronic history of falsifying evidence and framing those persons arrested in Hollywood. See, e.g., http://www.trevoraaronson.com/story/?storyID=30, and http://www.trevoraaronson.com/story/?storyID=33, and http://www.browardpalmbeach.com/related/to/Hollywood+Police+Department/ The corruption within the City of Hollywood and its corrupt police department goes on, and on, and on. Still, the State Attorney, Michael Satz, actively protects, defends and represents these arrant and corrupt police officers and this corrupt City. (For other videos relative to this case, see: http://www.youtube.com/user/lawservicescenter .
I don't want you to gather the impression that this video supplied to Torres by the State Attorney was not know to them to have been altered and falsified, because that is not the case. Even while the State Attorney was seeking to prosecute Baker on the basis of this FALSE Brady video, the State Attorney was in possession of another video that would prove the falsify of the Charging-Package-(Brady)-Video. This link will demonstrate the major falsity in the Charging-Package-Video, and the exculpatory video in the State Attorney's possession, whilst still prosecuting Baker. Why would Michael Satz, the State Attorney, continue with the prosecution of Baker whilst knowing that Baker was innocent? It was only recently found that until the time of the prosecution of the Torrens-Vilas (Disney) cops (and only 2 of the 5), that in the past 30 years, Mr. Satz has only prosecuted two corruption cases. TWO! At most. Then, it was found through the whistle blower, assistant state attorney, Sheila Alu, Esq., (now, no longer with the State Attorney's Office), that the State Attorney, Michael Satz, had a policy lasting 30 years refusing to prosecute corrupt police officers or a corrupt police agency, such as Hollywood, or other "elite.". Howard Finkelstein, the Public Defender, of "Help-Me-Howard" television celebrity of WSVN, Channel 7, conducted his own investigation into the non-prosecution policy of the State Attorney. Mr. Finkelstein, in this link, notes that he received more Brady (exculpatory evidence declarations) in the past few weeks than he had received in the past 30 years. This was due to the Alu disclosure, and not because Finkelstein had conducted any prior independent investigations concerning the preferential treatment given to police officers (and other "elite"), as well as the blanket suppression of exculpatory evidence that the United States Supreme Court mandated in Brady v. Maryland. Every case that has ever been tried in Broward County should be re-visited in order to determine whether the accused was denied a fair trial and Due Process of Law by the policy of the State Attorney in secreting exculpatory evidence.
After Baker had served 42 months on a 60 month sentence for battery on a Hollywood police officer, Francis Hoeflinger, and after delay, after delay, after delay, caused by the State in the appeals court, the 4th District Court of Appeal directed Baker to file a habeas corpus action in the trial court and the State delayed the case for, yet, another year by asking for continuance after continuance, after continuance, after they defaulted in the initial 60-day time limit for filing a response to Baker's habeas action. Usually, under any Judge other than Michael Gates, a habeas petition would require an answer within 15 days. Judge Gates gave the State 60 days. Then, they dafaulted, and on the 101st day, the State's prayer: "Judge, we're out of time. Give us another 30 days." and, Judge Michael Gates, who at and before the time of the original sentencing admitted that he knew that the evidence was false and altered, and knowingly proceeded to sentence an innocent man to serve 60 months in the state penitentiary, automatically granted the continuances. You see, the corruption only began with the Hollywood cops. The State Attorney actively protected, defended and represented Hollywood and its arrant cops, because of his non-prosecution policy, opting instead to prosecute the innocent in order to perpetuate that policy. The State Attorney was caught with his prick in his hand, falsely prosecuting Baker while simultaneously secreting the exculpatory video. The Public Defender was also on the hook for assigning, essentially, a non-attorney to represent Baker. The most dastardly acts committed by Torres, after she and Jeffries (See, Case Events Notes, 4th Entry of 10/07/03) at had contrived a way to convict Baker, directed Baker to go to the Hollywood police department and file an Internal Affairs complaint against the two police officers who smashed his face and head into a concrete floor for a minute and fourteen seconds and left a pool of his blood 2' in diameter on the floor. After EMTs were called and Baker was cleaned up, this is how he appeared. Unlike an investigation where a police officer was injured and left a pool of blood on the ground, the police photographer failed and refused to photograph the extreme amount of Baker's blood left on the floor where he was beaten so badly that one of the Broward deputies retreated back down the hallway to guard the entrance to defeat detection. Neither deputy intervened to stop this felony in progress, and in depositions, each deputy testified that they saw nothing and remembered nothing, and neither deputy filed an incident or any other report relative to this case.
For the next four days, Baker was in intensive care at Memorial Regional Hospital and he incurred hospital bills in the amount of $17,000.00++. Plus, he was forcibly removed from the hospital by Broward Sheriff's Deputies who assured hospital personnel that the "hospital at the jail could adequately care for Baker's injuries." NOTE: THERE IS NO HOSPITAL AT THE JAIL, AND BAKER'S PAIN AND OTHER MEDICATIONS WERE TAKEN FROM HIM AND HE WAS LEFT TO LANGUISH IN A COLD JAIL CELL, UNABLE TO WALK OR MOVE, FOR THE FOLLOWING SIX WEEKS!
Meanwhile, bail was set at $30,000.00, (ten times the standard amount), and Torres recalcitrantly assured that because of her experience and expertise, the bond amount was correct. When she was shown that the bond amount was not correct, she blamed her error on the Sheriff of Broward County. She moved for a bond reduction to $10,000.00, which was, still, more than three times higher than the standard amount. Naturally, Judge Gates granted the reduction.
Next, as stated above, Torres commanded that Baker file an Internal Affairs complaint with the police at Hollywood. Baker had already written to Hollywood and stated that the City of Hollywood was corrupt from the top to the bottom, and that he would not be filing an IA complaint. Baker advised the police department that they should clean their own house, because it needed a serious cleansing, but there would be no complaint being filed by himself. Torres was even more forceful in her commands that the IA complaint be filed and assured Baker that his criminal case would not be going to trial unless and until he filed that complaint.
Baker succumb to the demands and went to Hollywood, not only to discuss the brutality, but the falsification of the video evidence, and carried with him a CD-ROM copy of the falsified Charging-Package-Video, as well as a copy of the Public-Records-Video. Upon arrival, IA Head, Forrest Jeffries, Mirandized Baker, which is what police do when they are interrogating a suspect. This was a pretext investigation that Torres was involved in prior to the time that Baker went to the police. Her Case Events Notes, supra, strongly bolster that fact starting at Page 8, entries of 10-07-03, because there would be absolutely no reason for Torres to communicate with Jeffries to ask whether Baker had arrived to file an IA complaint. After another year of delay by the learned State Attorney, Scott Raft, the 4th DCA intervened and Ordered Judge Gates to set an immediate hearing; to allow the State 10 days to Answer; and then to allow Baker 10-days to Reply to the State's Answer. Judge Gates gave the State their 10-days to Answer, however, upon his receipt of the State's Answer, he decided to reject the District Court of Appeal's Order, and Gates refused to allow Baker to Reply. Instead, Gates automatically adopted the State's Answer as the Order of his Court, and directed Baker to file a Notice of Appeal as to the issues denied, and proceed on to habeas on the issues not denied. In other words, to bifurcate the proceedings whereby part of the action would be in the DCA, and the rest of the case would be before him. Baker filed his suggestion of Disqualification, which Judge Gates Ignored. It truly appeared that Gates was acting as an assistant state attorney pretending to be a judge.
Notwithstanding Judge Gate's persistent admonishments to Baker to "Sit Down!, and shut up." (paraphrased), the habeas action was set for a hearing on October 19, 2007. On October 18, 2007, Finkelstein was met by Baker's mother and stepfather on the bridge walkway from the parking garage to the courthouse. Finkelstein assured them that the Public Defender would do all in his power to insure Baker's release, and that the Public Defender would go before Judge Gates and confess error. Another top assistant to Mr. Finkelstein, Catheryn Keuthan, Esq., had already conducted an investigation into the conduct of Torres and stated dto McNamara that she "could not believe the incompetence involved here." (paraphrased) Finkelstein also advised special counsel, Scott Hecker, Esq., that the Public Defender would assume the responsibility of paying Baker's defense expert fees in the amount of $11,300.00. The Defense Expert, David Bawarsky, testified at the evidentiary hearing on Baker's supplemental motion for new trial and advised Judge Gates that the videos provided by the City of Hollywood were, each and every one, false and altered, and that none were an identical copy of any of the other videos, and that the only conclusion that could be drawn was that the videos were false, and that the City had never produced a true copy of the original. Here is the Expert Report of Bawarsky. There was no question but that Judge Gates well knew that he was sentencing an innocent person to the state penitentiary. Judge Gates is just one of the many people who was infected by the virulence of the disease of corruption.
Also, on October 18, 2007, Ms. Torres appeared at habeas counsel, Melissa Donoho's Office, in the presence of a top assistant to the Public Defender, Diane Cuddihy. At that meeting, Torres admitted the truth of the allegations of Baker's habeas action and stated that she would testify to those facts on the following day at the evidentiary hearing. Enter, Scott Raft, the corrupt extraordinaire of the State Attorney's Office in charge of the corruptions unit, who ex parte'd Torres and advised her that not only would the State Attorney's Office be in jeopardy over this case due to the malicious prosecution, but that everyone else, from the police to the Public Defender have been caught in malpractice, misfeasance, malfeasance, corruption, and the list goes on and on, and on, including a conspiracy to violate the civil rights of Baker as proscribed under Title 18 U.S.C. §§ 241-242 (The Criminal side of the KKK (Civil Rights) Act.) This is criminal law 101 material; an attorney should not allow their client to speak with the police, especially in the absence of counsel. So, what was Torres' reason for sending Baker to the police to make a statement? Ms. Donoho's letter to Finkelstein explains the idiopathic logic in Torres' demands of Baker. Viz: That the police would take the Fifth is they knew that there was an IA investigation under way. Of course, Torres did not know that Jeffries was in on the alteration and falsification from the very beginning, and that the video was falsified whilst that video was in his exclusive possession and control. Because of that, as noted, Jeffries exhausted not one work, and not one sentence, addressing the issue of the falsified video, even though that issue was strongly advanced by Baker at the time of the interrogation of Baker, under the pretext of conducting an IA investigation.
Torres agreed to testify falsely against Baker, alleging, inter alia, that no one knew that the videos were altered; that she had never been put in contact with a video expert; and that it was Baker's own idea to go to the police to give a statement. (Consider, Escobedo v Illinois, "any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances." Watts v. Indiana, 338 U.S. 49, 59.") You are about to witness the most despicable act of treachery ever recorded in the annals of jurisprudence; On the following day at the habeas hearing, Raft opened by stating that the testimony would prove that it was Baker's own idea to go to the police, that no one had a clue that the videos were falsified, and that she was not put in touch with a video expert. Actually, the video expert who contacted her and advised that the videos were altered and false was Chuck Schultz, the NBC TV producer of "the Regis Show," and many others. Mr. Schultz had been federally qualified as a video expert in forensics in federal actions where the authenticity of video evidence was in question. Raft knew at the time of giving his opening statements that Torres would lie under oath, and without having interviewed her and suborning her perjury, he could not have even assumed that Torres would testify in diametric opposition to the language of her confession on the previous day. Ms. Donoho was totally shocked that Torres would lie under oath after having confessed on the previous day. Ms. Donoho, wrongfully, excused Torres from the stand rather that treating Torres as a hostile witness and dragging the truth from her lying lips. Donoho informed Cuddihy and Finkelstein as to the perjury of Torres in lying against her own client, Baker, in diametric opposition to her confession. Here is the Donoho letter to Finkelstein.I want to give you the results of the Internal Affairs Investigation: Baker was Mirandized, rather than being sworn to tell the truth, as would be the normal practice in such situations; In the final report, Jeffries made not one mention of the falsified videos provided to him at the inquisition; and, Jeffries testified at Baker's trial and opined that Baker admitted guilt by the fact that he (Baker) touched Hoeflinger. (Naturally, when someone punches you in the face, you touch their fist with your face, and according to the Hollywood Police Internal Affairs Unit, this is battery); then, at trial, Jeffries testified that a citizen does not have a right to resist excessive force by a Hollywood cop and must "fall down and curl up" and accept whatever torture, beating or death that the officer might want to deliver. Torres failed to object to this testimony, and Judge Gates did not give the jury an instruction on self-defense. This left Jeffries' assessment of the law as the law of the case, and this is the only reason that Baker was convicted of battery on a law enforcement officer. I am going to direct you, now, to a slide-show taken from the public records video secured by McNamara after the police delivered the false video. Click here to view the slide show. Use Arrows to move forward or backward in the video, and note that prisoner Dennis Shelter and Baker were attacked without provocation in less than one minute after entering the facility at Hollywood. Hollywood destroyed two other videos of importance to this case, and the City bastardized the last-remaining video, as shown above.
By the way, if you know of anyone who has been charged with a crime in Broward County, be advised that Ms. Torres is still employed by the Office of the Public Defender. Their Office is underfunded, so there is a strong likelihood that an attorney has been assigned to the case who is totally unqualified to defend even the slightest of crimes, let alone criminal felonies.Charging-Package-Video (Police Version)
