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Denial of councel. Postconviction HELPDenial of councel. Postconviction HELP

Criminal »Posted 5 Dec 2019 Post Answer

legal question en Weidman S29832 Jefferson Correctional Institution 1050 Big Joe Rd Monticello, Florida 32344 Original charge January 2016. Home Invasion; after a 1 1/2 yr. & three days prior to trial charges were amended to Burglary while wearing a mask & Battery on someone over 65 while wearing a mask also receiving Violent Offender enhancements. Stephen's original Public Defender was Tracy Dishman between April and July 2017 Tracy transferred Stephen's case to Public Defender Destiny Prater. The transferring of Stephen's case is important, you will see as you get further into the facts of the case. Key people in this case are Karen Stine, Margaret Nelson, Stephen Weidman, Charles Sellars, Amanda Sellars, Colton (Amanda's brother) & "Mike" a neighbor of Karen & Margaret. Margaret is 65 yrs., Margaret's daughter is Karen Stine, Karen's daughter Amanda. Colton is Amanda's brother & son of Karen & Charles is Amanda's husband. Mike, the neighbor, is relevant due to references made during burglary. Ms. Stine, Ms. Nelson, Mrs. Sellars, Colton & Mr. Weidman were very close friends for many years. In the months to follow after the crime occurred & before trial began Ms. Stine, Ms. Nelson, Ms. Sellers & Mr. Weidman visited one another even having dinner together on multiple occasions. At that time they did not think the person that broke into their home was Mr. Weidman. June 2017. Violation of Preserving a True & Accurate record for Circuit Court. A hearing took place in April that was required to be digitally recorded. Upon request of said transcript it was learned "although this was a hearing that required digital recording the device was turned on but was not turned on on the courtroom side." This means no further record of proceeding is available for that hearing in April. September-October 2017. Unfair, ineligible & biased jury. One had a felony conviction, it was stated by the Prosecutor Mr. Greiner "Judge we are finishing up criminal histories there is a juror we are unsure of." "I'm sure it was a typo, the charge shows Homicide if you read further down the report it reads Open Container." (No further discussions regarding that juror). Second juror reported having numerous family members active in law enforcement supportive of them. (That could cause prejudice). Third juror reported English being her second language. Fourth juror reported having true diagnosis of "hearing difficulties & having difficulty processing information". (No objections were raised). Selections continued. During opening statements a juror passed a note asking if "everyone could please stand closer to the microphone". I'm unclear if this is the same juror that reported a hearing difficulty. October 2017. Ineffective Counsel/Denial of Constitutional Rights. Approximately three days prior to trial the state amended charges from Home Invasion that carried approximately 10 years to Burglary while wearing a mask & Battery while wearing a mask on one over 65yrs. (Life sentence). Giving Stephen an additional enhancement of Violent Offender total of 3 enhancements on a single occurrence. Mr. Weidman hired private counsel, Criminal Defense attorney Scott Rieth. Both Mr. Reith & Ms. Prater appeared at hearing. Defense filed a motion for Substitute of Councel of Ms. Prater & filed a motion for Continuance. Judge Malucci stated, "I'm not going to sign that motion Mr. Reith unless you are ready for trial in three days. (See transcripts for verbatim). Mr. Reith argued "there are at least three DNA profiles & testing was only performed on Mr. Weidman & NOT other possible perpetrator(s) which were at least two other males & a female." "Prosecutor zeroed in on Stephen & did not do any further DNA testing on the other possible perpetrator(s)". "Your honor further depositions are necessary." "There are Alibi/witness to show other possibility of other perpetrators or possible accomplices further investigation is required." Judge Malucci DENIED motion. "This case is over 1 1/2 yr old and this is not Mr. Weidman's first Eve of trial continuance; Mr. Weidman decide who you are proceeding with." Mr. Reith argued "I cannot be ready for such a trial with extremely high consequences in 3 days & furthermore your honor the case may look over 1 1/2 yr old but remember the prosecutor amended charges & are still submitting discoveries." Motion: DENIED. Ms. Prater Public Defender then argued she to is unable to be prepared for trial stating "I was aware & made the courts aware that Stephen was getting the money together to hire Mr. Reith." "In addition to the motion to Continue this is not a dilatory tactic." Ms. Prater further explained, Stephens case recently transferred to her & she has not reviewed the case. "I need a continuance to prepare". Reitetating to the court Mr. Greiner just amended charges. One previous continuous was granted for defense to transfer case. The state had received at least three continuances." Mr. Griener then began attacking Stephens character. By retrying facts & events of a 2006 prior. Destiny stated, "for the record you are denying Mr. Weidman's right to chosen councel." Ms. Prater reminded the judge when previous depositions were taken this defense did not examine witnesses regarding a Battery. Ms. Prater went on further to state "the defense was not given the opportunity to try to defend in the case of Battery, when previous depositions were taken Ms. Dishman did not examine witnesses regarding a battery. In fact a Battery did not occur according to the reports." Judge Malucci stated, "Mr. Weidman pick an attorney we are moving forward." Stephen moved forward with Ms. Prater. October 2017. TRIAL. Motion in Limine filed by state to prevent damaging & predjudicial statements & evidence obtained during Amanda Sellars', (granddaughter of Ms. Nelson & daughter of Ms. Stine) interview to be introduced to the jury. Also preventing Detective Campbell's questionable approach to this investigation. It is stated that Detective Campbell manipulated & twisted words to make "what his idea of the events were fit." Motion: GRANTED. Summary of pertinent info: Mrs. Sellars stated she received a phone call from Stephen sometime in the evening. Amanda reported upon leaving her home to meet Stephen her cell phone was not charged so she took Mr. Sellars phone. Approx. 4a.m. morning of event Mrs Sellars & Mr. Weidman are on video together at Walgreens . Mrs. Sellars was arrested approximately 6 a.m. from Mr. Weidmans driveway. The police looked in her cell phone & discovered all messages EVERYTHING on her cell phone & her husband cell phone had been deleted & erased from 3:46 a.m. & prior the morning of the event. October 2017. Trial & Impeachment & Prosecutorial Misconduct & Ineffective of Counsel. Failure to raise objections. Defense failed to file Motion in Limine to prevent Stephens prior history to be introduced. It appeared as though the state was trying Stephen for 2006 crime again; while in front of the jury making them Prejudice & Bias. Detective Campbell, Karen Stine & Margaret Nelson, state witnesses/victims testimony in court did not coincide with the actual 911 call, their report or any previous statements made previously. (See transcript for blatant inconsistencies.) After jury had heard the testimony a sidebar was held Ms. Prater spoke of impeaching Detective Campbell (questionable practice.) For Karen Stine & Margaret Nelson Ms. Prater argued the credibility of Ms. Stine & jury should take into consideration the felony convictions Ms. Stine has for bank robberies & also Federal time served for these bank robberies & sales of controlled substance. Ms. Nelson & Ms. Stine testimonies were inconsistent & Mrs Nelson was unclear of the events that happened. The Prosecutor argued, because of Margaret being elderly the defense should not impeach. No further discusion regarding this. Prosecutorial Misconduct during closing Mr. Greiner attacked Stephen's character & spoke intensely regarding Stephens 2006 record calling him an evil, vicious man stalking in the night these elderly ladies with a disguise on. Accused Stephen of kicking in the back door and grabbing Ms. Nelson dragging her down the hall. Blatant fabrication & exaggeration. There are no pictures nor is it on the initial reports a battery occurred but the prosecution continued to argue this. Jury Question, Deliberation & Verdict. Jury went to deliberation in the evening hours on a Friday. After some time jury informed the judge they were having a difficult time reaching a decision & requested to come back on Monday. Judge Malucci instructed jury to try harder & they are to reach a decision this evening. It was around 10 p.m. Jury then questioned if the option of guilty of a lesser charge would be acceptable? Judge Malucci instructions "Follow the law". No further instructions given very soon after, jury returned a verdict of Guilty. Thank you for your valuable time in this very urgent & desparat situation. I can be reached at 440-370-0748. I have more information if you would like to speak. Sincerely, Angie Ward Dent


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