Guilty Until “PROVEN” Innocent

This will be an ongoing blog detailing dealings with the court and
probation system in Brevard County, Florida

We as citizens of the United States of America, have rights “guaranteed”
to us from the Constitution.

However, here in Brevard County there are judges, prosecutors with the
State Attorney’s Office, and attorneys with the Public Defender’s Office
that apparently don’t believe that everyone is entitled to the same
rights and equal justice under the law.

I have been to prison three times in my lifetime (I am 56 years old) all of
these are because of an addiction to crack cocaine.

Here is a link to my criminal record:

http://thughes7399.wordpress.com/criminal-record/

This dates back to 1993. I am not proud of the things that I did when I
was using crack cocaine, nor will I make any excuses for the crimes I
committed. I served my time for those crimes. I have been clean and
sober since 2008 and I am simply trying to move forward in my life.

Here is a link to my Writ of Habeas Corpus:

http://thughes7399.wordpress.com/writ-of-habeas-corpus/

I called a prominent attorney here in Melbourne yesterday. I asked the assistant
how long the court had to render a decision on a pending motion. She told me
the judge would usually render a decision within a week, but definitely would
have to render a decision before the next court date. I then explained my situation
and while I had her on the phone I gave her the address to my blog and she went
and read the motion and couldn’t believe that :

1.) there had been no action taken on the motion

2.) that I had no attorney for the first 189 days of my incarceration

3.) that the judge would say that because I had a PD I wasn’t entitled to the same
defense or treatment as someone who had a paid attorney.

4.) that my PD would tell me that “I had the worst record of anyone he had ever seen”

I then explained about my probation officer and all of the things she was having
me do and she told me that was wrong also.
(I will add another page concerning my Probation Officer)

I can’t believe that here in the United States, the Constitutional Rights of a person
can be not just violated but ignored and absolutely nothing is done about it.
This has happened to me (3) three times now. The first with no representation,
and then with the courts simply (continuing) to ignore the motion that was filed,
and then with the Probation Officer.

How does this happen? How does someone get “help” in dealing with this type of
situation? I would really appreciate any and all feedback/comments that you think
would be of help to me.



I am homeless, and unemployed. I lost everything that I owned; and I mean
everything when I went to prison. I was sentenced to (26.925) Twenty-Six
months, and 28 days in the Department of Corrections.

This was to be followed by (2) Two years’ probation. Everything that I have
now was given to me. I have a few change of clothes, a winter jacket, a tent,
(2) two sleeping bags, miscellaneous hygiene supplies, (2) two pairs of tennis
shoes, a backpack and very little else.

This has not been an easy adjustment.

Here is a link to my resume:

http://thughes7399.wordpress.com/my-resume/

This is the first time in my life that I have been homeless.
I have never had to rely on the mercy and grace of others to survive,
and it is quite a humbling experience.

So…. what does one do when their Constitutional Rights are violated ??? I am
simply astonished that the court system here in Brevard County, Florida would
allow such a travesty of justice to occur. There was absolutely no type of
investigation, no interviewing of the victim, no one trying to determine if
this was true or not, and it was like nobody even cared.


Now, if I was a prominent citizen here in Brevard… and I could have afforded an
affluent attorney then things would have been much different. But since I have
no assets, and had to rely on the Public Defenders Office for my defense,
absolutely nothing was done on my behalf. For 189 days, and the right to a
speedy trial must take place within 175 days, I had no representation at all.
This is like what you would read about or see on the news in a third world
country, or in a country where the people are oppressed. But, it most definitely
is not supposed to happen in the United States of America.

I returned to court on this same case on 08/25/2010. My Public Defender knew
about the Writ of Habeas Corpus at this time. I know this because I told her
about it and in fact it was the very first set of papers in my case file that
she had with her.
And still…….
nothing was done about it. No hearing, nothing. I was given an additional (6)
six months county jail time and my probation of (2) two years started when I was
released from the county jail on Dec. 31, 2010. So I need some help here….
I am going to forward all of this information to the local news stations, and to
a few of the radio stations here in Central Florida and see if maybe that will
get some action. It’s like I am a second-class citizen and the courts, and the
justice system can do whatever they feel like doing.
This is very, very wrong people.


And anyone reading this should really start to wonder what has happened to
“Innocent until proven guilty” It is a sad state of affairs when you are forced to
represent yourself in court, and when the rules that are supposed to apply to
everyone don’t apply to you. Is this what our country has become? Is this what
our justice system has become? Just get them in and out and sentence them to
prison/jail/probation …. It doesn’t matter if they are really guilty or not, and it
doesn’t matter that they have no adversary in the form of a defense attorney,
just get the case over with and let’s get on to the next one. Has our system
become so bogged down with cases that the Public Defenders have no time or
inclination to even care anymore ?

If that is what has happened, or whatever the reasoning behind this something
has to change. This is why we have the Constitution, this is why we have laws,
this is why we have rights that are inalienable afforded to us here in the
United States. I’m posting all of this here so that maybe someone will notice,
maybe someone will say “wait a minute” this is wrong and something needs to be
done about it. I grew up believing in the American Dream and the American Way
of doing things….
I still do, but when a persons rights can just be trampled on and ignored, then
something has to change.

If there is someone out there who thinks they can help with this I would greatly
appreciate any suggestions or help with this matter. I pray that this is an isolated
incident that has occurred on this one time. But, I fear that it is something that
occurs much more often than anyone wants to admit.

Finally a “free” man !!!

 

After being sentenced in 2008 to 25.925 months in prison, followed
by 2 yrs. supervised probation. Then, being violated (read posts
on this blog) and sentenced to 6 months in the county jail, followed
by 2 yrs. supervised probation. Violated after only 1 month (read
posts on this blog) and then sentenced to 364 days county jail time
with no credit for time served (almost 3 months)………

I am finally through with the legal ramifications. There will be
civil and constitutional lawsuits to follow, but: I am once again
finally a “free” man.

In the coming months please check back frequently as there will be
many more new posts describing the accounts of my time in the
county jail. (I worked in booking for almost 8 months)
You would not believe the atrocities that occur there and all of
it without any kind of video to prove what is going on. And
that is just the beginning. So please stay tuned for the latest.

I am so very glad to be out and back in society. I can not wait
to start to put my life back together and get this all behind me.

Thanks for all of the people who supported me and are still
supporting me through all of this. I have been and continue to
be blessed by God in so very many ways.

TwH

Poignant Wit and Witticism !!!

This slideshow requires JavaScript.

 

 

There is a very talented and wise man….
His lyrics will make you stop and think, as well as inspire.
He is a man I am proud to call my friend. If you have the
chance please check out his music and his wit. I promise
you the time will be well spent.

 

 

Here is the link to his homepage at SongRamp:

http://www.songramp.com/homepage.php?userid=2759

Enjoy………………………

Take II – Set Up To Fail

I was released from the Brevard County Jail on Dec. 31st. 2010 with (2) two years probation. My initial Probation Officer was Jim Falvey. At this time I was homeless and I was required to call Mr. Falvey every day and let him know if there were any changes in my situation and to let him know how things were going. This was fine, and I called him every day Monday-Friday. At about the third week in January I was told that my probation would be transferred to the Palm Bay office because of the location where I was living. On Friday January 21st., 2011 I spoke with Mr. Falvey on the telephone and he informed me that after further investigation of my location that I was still in the Melbourne area of jurisdiction but I would be transferred to another Probation Officer because where I was staying was out of his area. Officer Falvey informed me that my new Probation Officer was: Rob Ellis, and that I should call him on Monday January 24th., 2011 and Mr. Ellis would then tell me what my reporting instructions would be.

On Monday January 24th., 2011 I called and spoke with Officer Rob Ellis. He informed me that he did not have my file yet and I should call him back on Wednesday January 26th., 2011 because he was going to be in court on the 25th. I called Officer Ellis on Wednesday and he still did not have my file. He was going to be in court on Thursday and advised me to call him back on Friday the 28th. of January. I called and spoke with Officer Ellis on Friday Jan. 28th., 2011 and he informed me he still didn’t have my file but I was to come in and report to him at the Probation Office on Tuesday Feb. 01, 2011 as that would be my normal reporting day for every month. So everything was going fine I believed and it seemed like my new Probation Officer was willing to work with me in my situation.



At approximately 6:05 p.m. on Friday Jan 28th., 2011 I checked to see if anyone had called my cell phone and left me any messages. I had a call from an unknown person and (1) one voicemail. I called my voicemail and got a message from a Ms. Contreras who informed me that she was in fact my new Probation Officer, and that no one knew of my whereabouts and I had not reported to her as I was instructed to do. (Note: please understand that the Probation Officer closes at 5:00 p.m. Monday thru Friday, and is not open on the weekends) Ms. Contreras then went on to explain that I was to call the Emergency Probation 800 number and advise them of my new living location and that I was to report to her immediately on Monday. Ms. Contreras informed me in no certain terms that if I failed to call the emergency and give them my “new” living location that she would violate my probation.

Well, let me tell you I was pretty much freaking out at this point. At approx. 6:15 p.m. I called the Emergency Probation 800 number and spoke with a Ms. Bullock. I explained the whole scenario about why I was calling and the fact that I didn’t have any “new” address and she assured me she wrote everything down and that Ms. Contreras would be given the information when she phoned in. I was more than a little stressed out over the weekend. I didn’t know who this woman (Ms. Contreras) was and if she in fact was my new Probation Officer, why hadn’t Officer Falvey, or Officer Ellis, or the person who answered the phone all week long told me this ??? And why, did it take an entire week for Ms. Contreras to contact me ? When she finally does contact me on Friday she leaves an extremely rude and abrasive message on my voicemail. So the first thing Monday morning Jan. 31st., 2011 I called and asked to speak with Officer Ellis and I explained the situation with the voicemail, and calling the Emergency 800 number and what Ms. Contreras had said. He told me he would try to find out what was going on and to call him back later on that afternoon. I did that and Mr. Ellis informed me not to worry and to just report to him tomorrow morning (02-01-2011).

I reported the next morning to the Probation Office and instead of seeing Officer Ellis, Ms. Contreras came out and told me she was my new Probation Officer, handed me a whole stack of papers to fill out and told me I would be there until I filled out the paperwork, took a drug test and she “straightened” me out. She asked me where I was living and I told her I was still homeless, and she then said: “There will be no homeless on my watch”…… She said: “You live in America, and we don’t have homeless. You look fit, you need to find a job, and a place to live. If you aren’t able to do that I will find you a place to live and that will be the Brevard County Jail”.

Needless to say this was not very encouraging. When I tried to explain, and ask what happened to Rob Ellis being my Probation Officer, she “shushed” me and told me to fill out the paperwork and not go anywhere until she came back to talk to me.

This woman was unbelievable. I mean you have to understand that there are quite a few people in Brevard County on Probation who are homeless. I had no problem with this until Ms. Contreras became my Probation Officer. As I stated she was extremely abrasive and rude. After I filled out the paperwork I waited for Ms. Contreras to come out and when she did she had me take a drug test. (yes, I passed, I don’t use drugs or drink, my only vice these days are cigarettes) After the drug test she marched me back to the Supervisors office and railed me in front of him saying that I never called in this past week, and that I had one foot in the jail already. She told me in front of the Supervisor that she didn’t need a warrant to have me arrested, all she had to do was call the sheriff’s department and “poof” I would be back in jail. I looked at the Supervisor and told him about being advised that Rob Ellis was my Probation Officer,
that I had called him on: Monday, Wednesday, Friday, and even yesterday (Monday 01-31-2011). Ms. Contreras called me a liar and even said she had spoken with Officer Falvey who told her that he had advised me that my office was Ms. Contreras, and that she had spoken with Officer Ellis who told her I had never called him, and that he had no idea who I was. I asked the supervisor if he thought that I just pulled the name Rob Ellis out of thin air and how then would I know that he had court on Tuesday and Thursday the previous week. I asked to have him brought into the Supervisor’s office and I was told that he was out of the office. I found that rather strange since this was the day that he (Officer Ellis) had told me to report. When I tried to bring that up Ms. Contreras asked me if I wanted her to call the sheriff’s Dept. right then and have my probation violated ? When I asked her why she would say that and what the violation would be she said again: “You have one foot here, and one foot in the jail…. and if I didn’t straighten up she would violate my probation”.


This was getting completely out of hand and really ridiculous. I wasn’t allowed to speak, or to defend myself or to have the other (2) two Probation Officers brought in to back up my story. And this is just the beginning… It got progressively worse. I was told by Ms. Contreras that I was to go to the local Cita Rescue Mission located in Melbourne. She advised me I would go there every day at 4:00 p.m. until they had a bed available and that when I was able to get in I would follow every one of their rules and regulations or she would violate my probation. It seemed that was one of her favorite sayings because she used it about every sixth or seventh sentence. She told me I was to call her every evening and advise her as to when I was able to get into the Mission. So I went there every day and stood in line with other men and tried to get into the Mission. They were full, they had no beds available and there is no way to reverse a bed when someone leaves. When I told her this information she told me I wasn’t trying hard enough, and if I couldn’t get in there she would provide me a place to stay and that would be the Brevard County Jail.



I’m not a lawyer but I would like to know…… When did it become “illegal” to be homeless ??? I mean, there are people who lose their homes every week if not daily now in the United States because of the economy and the unemployment that we are facing here. I believe the unadjusted rate here in Florida is right around 17%. I’m out putting in application, online with Monster.com , CareerBuilders.com , EmployFlorida.com …. I’m at the Cita Mission every night trying to get in there and she tells me I’m not trying hard enough.



So after approx. a week of this Ms. Contreras comes up with something new … She advises me that I have one week to get into the Cita Mission and that since I’m not trying hard enough I will report to the Probation Office every morning at 8:00 a.m. and I will sit there in the office and not leave until 3:00 p.m. and then I will go to the Cita Mission and see if I can get a bed. This was completely ridiculous. I had just started volunteering at the Daily Bread for the next two weeks so that I could get the money to get a certified copy of my birth certificate to be able to renew my drivers license which is expired. When I told Ms. Contreras this she said that she wasn’t concerned about me getting those right now. I told her that I was because without a valid I.D. there was no way I was going to be able to get a job, or get into any kind of program… including the Cita Mission. When I didn’t show up on Tuesday morning at the Probation office I received a phone call from Ms. Contreras at approx. 10:03 a.m. advising me that I had lied and that I was not working at the Daily Bread, I had not shown up at 8:00 a.m. like she had told me and that she was “writing up the Violation of Probation right then”…. she said that I would now have a place to stay and this would be the Brevard County Jail.

So, on 02-23-2011 Ms. Contrares filed the papers for a violation of probation. On 02-24-2011 an Affidavit was filed, and on 02-25-2011 a warrant was issued for my arrest. I am going to turn myself in tomorrow 03-07-2011.

So there you have it….. I am at a complete loss at to why this woman tried so very hard (and apparently) succeeded in violating my probation. She is one of the most abrasive and rude people I have met. I can get along with almost everyone and do. This is just amazing to me how someone can have and keep a job when they are so completely abrasive, anything but helpful, and will stand right in front of you and lie to your face. As I have stated previously this entire case has been a travesty of justice. It has not only been un-constitutional but it is literally “anti-constitutional” … When someone’s constitutional rights have been trashed and nobody steps in and says “Hey, you can’t do this” Something is wrong,,,, something is very, very wrong.

I am sending a letter along with a link to all of this information to the (3) three local t.v. stations, WFTV, WKMG, and WOFL along with several of the radio stations in this area (Central Florida) WMMB, (Bill Mick Live, and Dennis Miller), RealRadio (Jim Phillips, Russ Rollins), and finally to several attorneys here. I am hoping that in doing all of this that some light will be shed on this situation. I pray to God that His light will shine through this darkness and that justice will indeed prevail. And I mean true justice, not the manufactured justice that has been happening.