After the arrest, during an interview with the first state attorney and my attorneys, the girl and her mother had withheld information about her past abuses by family members and other information. The state told my attorneys that this was enough to consider a Nolo-Prosecute and would be in touch. Instead two weeks later we were notified that he had left the department and gone into private practice with a firm. I guess by admitting that you may have jumped the gun and gotten an innocent firefighter arrested and caused the loss of his career was not on the resume for the new job (shortly thereafter he ran for a political office, again don’t need bad press such as a bad arrest). The second state attorney got the case and after doing some work on it asked for a dismissal of the case due to the inconsistent story of the girl and lack of any evidence (I found out about this after all was said and done while on probation by an attorney who said the case was well known in the 10th circuit). After a falling out with the state attorney’s office over them trying to prosecute people that he felt should not have even been arrested (I was not the only one) He left the 10th circuit and went to Orlando. The third state attorney who was named the “bulldog” because he refuses to let go of a case threatened me with either except a plea to one count of lewd and lascivious act for a 10 yr probation or face one of the charges being changed to sexual battery on a minor. I refused, and true to his word he upped the charge. He, the state attorney also put in a request to the judge (Smith) to have all of our evidence and witnesses to be withheld from trial. The judge did not grant his motion but instead stated he would decide what was going to be allowed during the course of the trial. By the Friday before the Monday of picking the jury the girl’s story was now that the two events happened on two separate weekends. and on the latter weekend we had been to the movies with our families. We produced newspaper clippings that showed however that the movie in question did not come out until two weeks after she claimed the incidents happened. Also the fact that she had been to our house for Easter and was all over me in a playful way in front of her mother (who supposedly knew, at that time, of the accusations) and my wife and kids. This apparently upset the state attorney severely!!! He broke his coffee cup which he threw across his office. On the Monday morning of jury selection the state offered me one count of child abuse, no sexual allegations and a four year probation. I immediately refused stating I had done nothing wrong and was ready to go to trial. My attorneys, however, stated to my wife and all that we were walking into a trial in which they were blind as to the evidence that they would be allowed to present and there were no guarantees of a win in this situation. Teresa who was my lead attorney stated that she had prosecuted these kinds of cases for three years and knows that there are innocent people that get convicted and have seen juries split decisions in cases like these because they don’t know or understand the facts needed for convictions. My attorneys were also concerned because they had seen this girl in action during depositions and stated she was quite beyond her years in understanding how to play up and manipulate people around her. This was in their words not a strong case for the prosecutor but because of the age of the girl and the current atmosphere of people against child sex crimes that if a conviction were to happen even on the lesser charge, I was facing a mandatory 30 yr prison sentence. My wife (who was there, with me, at all of the times that the victim alledges these events) pleaded with me to take the plea as she wanted me home with her and my children.  It was when Todd (my other attorney) placed his hands on my shoulders and stated that if I were his son he would advise me to take the deal. He stated I did not belong in prison and they really did not want to risk a “what if” against the rest of my life. For all they knew we could walk into the courtroom and have the judge to tell us to sit, listen to the prosecution, and take a verdict. They just didn’t know! So, through tears and the realization that I was probably going to lose my career of 13+ years that I loved, I accepted the plea deal of nolo-contende’ to one count child abuse for four years probation. At the sentencing hearing I was advised that this was to plea for a, withhold of adjudication, not to plea the case. During the hearing however the judge after listening to the mother and apparently having studied the case started to ask questions about the previous abuses and lack of therapy or counseling for alleged victim. He also asked about a few other facts about the case and after a few unsatisfactory answers proceeded to give me a five year probation but withheld adjudication. The first response from the mother was, “Does this mean he can get his job back as a firefighter?” The judge looking somewhat shocked and dismayed at this statement stated, “I don’t know and don’t care, that is up to the chiefs to decide about his job”. At this point the prosecutor got angry and demanded a recess to consult with his office at which time the Judge banged his fist on the desk and with a beet red angry face stated “I am sick and tired of the state attorney’s office bringing cases that they can’t prove and pushing for the judges to convict people for them!” He dismissed the plea agreement and remanded the case to go to trial. I was thrilled! However, the prosecutor stated that the judge was prejudice and requested for him to be removed from hearing this case which the judge excused himself from the case (angrily so). The next judge was known to be a prosecutor’s judge and my attorneys re-accepted the plea deal. When I asked why the re-acceptance they stated ”With Judge Smith we didn’t know what was going to happen, with Judge Articlare we know you will not get a fair trial!” At the sentencing hearing the judge apologized for knowing nothing about the case took a minute (literally) to riff through the paper work and then ask the parties to speak. I had my witnesses to speak on my behalf but this time the prosecution side (the mother) refused to address the court. Without hesitation or thought, he pounded his gavel and convicted me a felon. I lost all of my Florida firefighting credentials which included state certified firefighter, fire officer 1, fire instructor, and EMT. My loved career was over. I served my four years probation. During the last 10 years since all of this took place, I have completed an AS in Fire Science (Cum Laude) AA in Liberal Arts (Cum Laude) two classes away from finishing an AS in Accounting Technology, and will be starting an Aviation program (BS) this fall (2012). I am very involved in Phi Theta Kappa Honor Society serving as the chapter president for three terms and chapter officer for two terms. I also served as a state officer (twice), state president, and ran for International President in 2008 in Philadelphia. I also served as the Inaugural President for Phi Beta Lambda Business Club. Competed at state level (3 first place and 2 second place finishes), and in Nationals (sixth place finish). I will be competing again in San Antonio this June. I have been active raising money and walking in the Relay for life for the last 6 years and donating my time and efforts into other organizations as well, such as Meals on Wheels, March of Dimes, United Way, Salvation Army, Lighthouse Ministries and at the Polk State College. I was employed as a plant manager with 100 employees under me for two years until April of 2010 when our owner of the company lost the bid for the plant to a company from Ohio who brought in their own management team. 

Despite all of my accomplishments before and after the arrest I now cannot find a job. I am honest about my record which killed a couple of serious job offers in their tracks. the state of Florida, as I understand it, is one of only a few states that does not automatically give a person their rights back once they complete their sentence. Also the fact that they hold a conviction over a person’s head who has not been convicted by a jury of their peers ought to be illegal! Our state has to prove a person guilty by real evidence in front of a jury and not by scare tactics and plea agreements. How many innocent people has this state convicted wrongly only to be discovered by DNA after much pleading in the courts to allow the evidence because prosecutors and police do not do their jobs HONESTLY and proficiently? They want a quick conviction so they can close their books, fair or not it doesn’t seem to matter. I am asking for more people to lobby for change! Demand that the state employees do their job properly! This is not Salem and we do not need witch hunts! Please change Florida so that innocent people wrongly convicted and guilty people, who want to be straight and work hard to prove that they can be part of society, have the opportunity to do so!

I was charged and convicted of passing a bad check which was a rent check to cover the cost of my rent for my business.

I asked the owner in good faith to hold the check until I took care of some issues that I had with my students paying, but I did not want to kick them out, and with having the bank and reopen the account which they were going to do.

The check was written in good faith, no malice, the landlord was not only aware of the situation but agreed to it. However, the landlord went to the bank prior to our agreed time, and then filed a police report and stated not only did I write him a bad check, but that I had infact had written 3 bad checks which were false.  Only 1 check did not clear and the other 2 checks were cashier’s checks that were given to the landlords property manager, as well as were cashed 3 days later.

Well, I have copies of the checks that cleared, but the judge did not want to see them, and he also allowed my attorney to call me a “Lieing Bi__h” (sorry for the explicits) in court and then denied my request for a new attorney because I felt that had imposed a severe conflict of interest, as well as I felt that at this point the attorney (court appointed) was biased against me and would not work in my favor.  The judge then told me no to my request and sentenced me to 1 year in prison.  All over a rent check for $1,800.00.

The appeals court did rule Abuse of Discretion by ordering me to pay back rent on top of the bad check charge, but still went to prison for 5 months, and on house arrest for 7months.

Why did I plead guilty? First my attorney requested the wrong phone records to prove harassment, Secondly, he never brought to the courts attention until the day of sentencing the Cashier’s Checks don’t bounce, Third, I did not have copies of my proof at the time, and Fourth, I felt totally intimidated by the Judge.  Why would I say anything else when it was clear, and as the my lawyer stated “The Judge doesn’t like you”.

I don’t understand why I was prosecuted off of a false police report, nor was I denied the right to show supporting evidence, and to terminate my public defender and higher a paid attorney at my own expense.

We as a society must become more voistrous on our rights and to challenge errors in the courts especially when they negatively affect our livelihood.

I am applying to law school, even after this, however, my dreams of becoming a lawyer are hanging in the balance because of this.

I think that expungement law should be revised in reference to the length of time between convictions, the number and type of felonies that can be expunged, and that a person with a record of a felony and misdemeanor can still be expunged.

All individuals who apply for expungement should be able to be heard before a panel of judges, not just one to ensure that there will be fair consideration. Or, if not a panel of judges then let people seeking expungement be judged also by their peers.

You should not still feel like you are completing your sentencing, when you have long ago completed your legal and moral obligations to society.