The players: A corrupt prosecutors office Found guilty of withholding evidence in the Zimmerman case after her IT tech found the evidence on her computer. Investigated for a long history of overcharging by the DOJ. An entity who has entire organizations dedicated to its top prosecutors removal from her position.
There are certain things one can do to protect oneself. One of them is to be very public in your endeavors. I have written to senators, civil rights attorneys, presidential candidates. Everyone I can think of. Not to ask for help, but just to give them a heads up about what’s going on in a court system, a justice system that is good in theory, but very fragile in reality. One bad, corrupt person poisons the whole system.
The Judge: He was great actually. Other than one maybe, possible misstep. I found him to be fair and just.
The defense attorney: A bad choice on my part. He was complicit in the conviction of Kevin in my opinion.
I want to give you a quick rundown of who Kevin is first, as just as his character will be attacked at sentencing as that day draws closer, it’s only fair that I include my own knowledge of his character. I as his attorney conceded, have a unique relationship. We without a doubt were confidants. I trusted him, he trusted me. He admired me because of my service to my country, and because I am the father of two great kids. Kevin’s dad had been absent from his life since he was 18 months old, and having a father who showed no interest in maintaining a relationship with his son, is still a cause for consternation.
All that said, Kevin is a very motivated young man. Not a typical gay man in many ways, on the other hand, in some ways very typical. He is a hair stylist, he is also a partner in another business with dreams of someday opening his own salon. He’s conservative, not an activist for or against anything, he just wants to live life and be happy.
So he has goals. He also has fears. He’s very cautious around people. He was bullied right out of high school because of his sexuality. To me, his case was just a continuation of that bullying. But I digress, he was afraid of dogs when I met him, is afraid of the dark, and insects. I wouldn’t feel a need to tell you all this, but some of those fears throw more doubt into the claims of the prosecution.
Kevin and I spent a lot of time drinking on the weekends. I found him to be an engaging and bright young man with ambitious goals, a quick wit, a touch of good natured sarcasm, and a love of life. He definitely took to me as a strong male role model and someone who he could trust and would believe in what I said, and take my words of encouragement and advice to heart. So, are you ready? Last chance to bolt out before I begin a long and incredible story of twisted justice, involving the State Prosecutors office, the homeowner, and I believe even his own attorney. Because Kevin has great trust in me, I was involved in and present at every single client/attorney meeting, every hearing, every court appearance and every filing of motions in court on Kevin’s behalf. I was also privy to every piece of evidence concerning the case, the recorded 9-11 calls, and the planned strategy for his defense before that all changed on trial day.
Ok. Best way to begin is with Kevin’s account of the story as told to me a couple of months after we met, and before preparation for his trial.
Kevin, 23 years old had an ex-boyfriend named Steven. According to Kevin and his co-workers (who worked with both Kevin and Steven at the salon) was pretty abusive and not to be trusted. Kevin broke up with Steven sometime around January of 2014. On April 23rd 2014, Steven called Kevin (Steven had left the employ of the salon by this time) at work and asked him to go to dinner. Kevin declined, but Steven called repeatedly until Kevin finally agreed on the condition that Steven pick him up after work, as Kevin’s car needed repairs. Steven agreed and picked him up for dinner that night.
They ate at Chili’s in Riverside Florida that night. When they were finished with dinner, Steven asked Kevin out for drinks. Kevin said no way, but since he didn’t drive, and Steven was his ride and at incessant prodding by Steven to come have a few drinks “ Just for old times sake” He said ok, but Steven wasn’t driving while drinking and would have to let Kevin sleep on his couch and take him home in the morning, Steven agreed.
Steven took them to a bar called “park Place” in Riverside Florida. After settling in and ordering a drink, Steven decided that this would be a good time to introduce Kevin to Stevens NEW boyfriend, who just happened to also be the bartender. This should have been Kevin’s cue to stop drinking, I don’t know whether he did at exactly that point or not, but something did happen. Kevin, after about 30 minutes at the bar, suddenly fell from his bar stool and collapsed on the floor.
Steven and his new boyfriend moved Kevin to an outside patio area and left him there as they returned to the bar.
At some point shortly thereafter, as shown on the bars surveillance video from outside, Kevin crawled through a hole in the fence surrounding the patio area and crawled or walked away. Eventually, Steven came looking for him and found him lying on the grass in front of a local bank. Steven told him to stay there and that he was going to get something to eat. Here is when Kevin’s memory is sketchy at best, and he eventually loses it all together.
Kevin told me he wandered down a dark street and got on the front porch of a house. He vaguely recalls being inside, removing his shoes and socks, laying down on an empty bed, and falling asleep. Before he went inside, we have proof that as his mother claims, he called her home 30miles away, crying, and begging her to come find him, he was lost and didn’t know where he was. His mother said she knew the area he must be in, and he should stay wherever he was and she would search until she located him. He was distraught, scared, and crying. (which falls in line with what the homeowner claims in her calls to police dispatch) Interestingly, his mother’s account as well as the phone record from that night were discarded by Kevin’s defense attorney. He also told her that she would not be used as a witness for the defense, even though she volunteered. Could she not have been considered useful in telling of Kevin’s state of despair and fear that night?
Now, we shift gears and take into consideration what happened according to witnesses and the owners 9-11 calls, she was actually inside the home.
Her first 9-11 call was taken by dispatch and she told the dispatch officer her address, name, and that “ there is a boy or a young man on her front porch and he’s crying. He woke her up, and she peeked through the window and appeared “ like he is lost, and just has the wrong house” Dispatch said they would send a car.
Several minutes later, she called dispatch again. Now stating that there “is a boy or young man on my front porch and he’s begging for someone to please let him in” Again she stated “ He’s crying, I think he’s just lost and has the wrong house”. ( the prosecutor later filed a motion to have these 9-11 calls edited, so all the jury would hear was that there was a boy or young man on my front porch.” The judge refused that motion.) The prosecutor also filed a motion to exclude any mention of Kevin being intoxicated that night. Him appearing intoxicated was the observation of the arresting officer, however, they did not see fit to have his blood tested for anything at all that night.
Kevin was not being a very quiet individual while on the front porch, pleading for help from inside the home. Yet he never made contact with the owner, and in fact never knew anyone was even in the home.
Neighbors from 4 different houses were alerted to the commotion next door and came outside to see a young man now tapping on the door and begging to be let in, his taps grew into banging as the neighbors gathered outside. Finally, a neighbor ran across the lawn towards Kevin screaming “ hey! What the fuck are you doing!!!” According to that neighbor, Kevin then kicked the bottom of the door, a panel in the door fell out and Kevin ducked inside. That neighbor then claimed to have reached through the hole where the panel had been, but Kevin pushed the panel back in place, effectively closing the hole in the door.
This is where Kevin says he, apparently feeling safe, emptied his pockets, put his cell phone on the couch, removed his shoes and socks and laid down on an empty bed in an open bedroom directly behind the couch he had been sitting on and went to sleep. Kevin is aware, that he’s lucky he wasn’t shot by the owner. He is in Florida after all.
The owner had taken refuge in her back room which served as her office, closed the door and hidden. She called 9-11 one final time to tell them he was inside the house, and she was hiding. They told her officers were on scene, and to stay on the phone with them.
The arrest report, filed by the junior officer, says that they searched the home and found Kevin on the bed in the spare bedroom. He had to be given the command to get up 3 times before doing so, he stood up, the senior officer went to put the handcuffs on his, Kevin tensed his arms, but complied.
Kevin was removed from the home and according to one neighbor appeared to have no idea where he was or that he had done anything wrong, crying “ Why are you doing this to me, I haven’t done anything.”
The charges filed against Kevin was Burglary without a weapon, no assault and no battery. With a second charge of criminal mischief.
Here’s the thing. In Florida, in order to be charged with burglary, there has to be a second crime committed once inside a dwelling. The homeowner said nothing was amiss, nothing broken, and nothing stolen. So what exactly was the second element which would warrant felony burglary? We wouldn’t find out until just before trial, giving no time to prepare a defense for the new charge.
Kevin plead not guilty to the burglary charge. He never disputed going into the home. In his words to me “ I can’t even believe I did it, but I must have because that’s where I was found” In other words, had the charge been the warranted charge of criminal trespass, he would have plead guilty, it was the burglary charge that he knew was incorrect.
So the process began. Kevin obtained an attorney. I took him to see him myself. His attorney ( I’ll call him Daniel, because I need to separate attorney number one from attorney number two after I fired Daniel myself)
Daniel wasn’t around long. He told me that the prosecutor’s office was not offering any deals to Kevin. That if we came up with something to offer the prosecutor’s office, they might consider it. He suggested we try and find a private facility for alcohol treatment. When I said Kevin would come by my house and drink, I mean he would drink for 12 hours straight, and the same thing every time. 8 beers and a full liter of Jack Daniels Black. He eventually toned it down when I told him he couldn’t come back to my house if he was going to be drinking that way, as it was no good for him, and therefore, I wasn’t good for him to be hanging out with and enabling him with a place to get trashed. He quit drinking whiskey immediately, and just stuck with his 7 or 8 beers from that point on.
So, I made an appointment for Kevin to go speak to the admissions staff at Futures of Palm Beach. We drove the 3 hours down there and he was interviewed, diagnosed and accepted. I got a written letter saying as much and returned to Jacksonville and hand delivered the letter to Kevin’s attorney Daniel to present the letter and offer to the prosecutor. This ultimately is what led to Daniel’s firing. He decided it wasn’t going to be enough to satisfy the prosecutor, so he never even presented it. We found this out four days before Kevin’s first pre-trial hearing. I asked Kevin what he wanted me to do, and he gave me the ok to do what I wanted to do. Fire that worthless shill!
I immediately went into overdrive to find Kevin a new attorney. I searched for a gay friendly attorney to represent him, and thought I had. This attorney’s name is Troy. Troy in my belief, sold Kevin out. I believe he cut a deal with the prosecutor in exchange for a little easier going in a bigger, higher paying case down the line. My reasoning is that he failed to defend Kevin. He failed to accept any witnesses on Kevin’s behalf, he failed to question and cross examine the prosecutions witnesses, when Kevin would say he would take the stand in his own defense, his attorney would take him aside and talk him out of it. He did that 3 times. I personally believed that Kevin should take the stand. Tell the jury what he believed happened, what his attorney Troy believed happened, what an expert in drugs and their effects believed happened, and what I believed happened. I agree on what the prosecution themselves said at trial, “ Kevin was set up” by his ex -boyfriend. In fact, that the new boyfriend of Steven, who was working behind the bar, had put something in Kevin’s drink besides Jack and Coke. Kevin’s attorney refused to use that defense, because as he said “ there’s no proof “. So, as I asked him, “ what proof are you offering that he didn’t commit burglary? Just your opinion that he didn’t do it? “ You’re taking away a defense of something everyone who knows Kevin agrees upon and giving him NO defense at all!” I believe that was exactly his intention.
Before Jury selection, Kevin and myself recommended that Troy inform the potential jurors that Kevin is gay. That way, if there was anyone with any bias, they would have the opportunity to recuse themselves from the jury pool. My reasoning was “ If there was a racist on the jury, and Kevin was a young black man instead of white, the racist, if he’s being honest with himself can stand up and say “no your honor, I cannot deliver a fair verdict for personal reasons” and be gone. We know some people are very biased towards gays and lesbians, but all they’ll see when they see Kevin is a young man and nothing else! Until it comes out that he’s gay at the trial. Troy’s response was I don’t haveto tell them, I’ll have him dress gay. I don’t know if he thought Kevin was gonna show up in a dress and heels or what, but I don’t think Kevin’s blue dress shirt and tie gave anyone a clue of anything. In the first 2 minutes of his opening statement at trial, the prosecutor pounded Kevin’s sexuality home 3 times in the first 2 minutes. It went like this : Good afternoon, today you’ll be hearing a burglary case. A case where this gay man, went out with another gay man he was previously romantically involved with. They went out on the night in question to a gay club etc etc etc
I later proved one of them was in fact VERY biased. You will soon learn who that juror is. Churches should not record sermons, as it, under Florida law allows them to be recorded at any time, by anyone in the church for any reason. The law also states that if they could be reasonably expected to be overheard by others anyway, then you may record their conversation inside the church. Like if they are surrounded in the lobby by their parishioners and are asked their opinion on the subject of gays and gay marriage. If they go into a 10 minute tirade on the evils of homosexuality, God’s wrath towards Sodom and Gomorrah, and how the Supreme Court Justices will be judged for forcing the will of 2% of the population on the people, it just looks bad for that juror. Like he might be a little biased, which by law negates the entire trial, verdict and all. Unless the prosecutor gets wind of what you’ve done. Then he threatens to charge you with some conspiracy bullshit.
Jury selection was a catastrophe in my eyes. The setting is this. Kevin and his attorney are sitting at the defense table facing the 46 potential jurors as they, and me stream in and take our seats.
The judge begins by one by one asking the potential jurors if who they are, what they do for a living, and if they’ve ever served on a jury before and if they felt they could be fair and impartial.
Kevin’s attorney began his questioning of Jurors one by one with this query: “ As you entered the courtroom today and saw my client sitting at the table, what were your thoughts?” One by one their answers went like this: “ That he’s guilty, That he did something wrong, That he did something serious, He wouldn’t be here if he didn’t do anything” It went on and on, all the way to potential juror number 36 of 46 total who grabbed the mic and informed the others that “ he isn’t guilty of anything yet! Don’t you people know he’s innocent right now? Nothing has been proven yet, that’s what we’re gonna be deciding! Plenty of people go to court who haven’t done anything at all!” God bless her. She was not allowed on the Jury.
The potential juror that stood out most was #4. A pastor of his own church. Yes, he had served on a jury before and was in fact elected jury foreman in that trial. Red flags should have been going off all over the place! I won’t condemn all pastors or ministers or Christians, but letting this guy serve on the jury who would be handing down a verdict on an openly gay man, one week before the Supreme Court was going to hand down their ruling on gay marriage just wasn’t worth the risk at ALL. Both the prosecutor and the defense hold 3 cards each that can be used to recuse a potential juror from the selection process. Juror number 4 should have been the first one excluded. Anyone with a brain would have seen
the possible issue he might have passing down a fair verdict. Kevin’s attorney assigned the pastor to the jury. Had Kevin’s attorney made it known to the potential jurors that Kevin was gay, this may have cured this problem as Juror #4 would have had the opportunity to recuse himself if he was an honest man. When I expressed my disdain with his selection for the jury and not informing the potential jurors of Kevin’s sexuality, he Responded “ Do you REALLY think anyone is gonna recuse themselves and admit they’re biased agains gays!” My reply was “ Who knows, you never game them the fucking chance!”
Another question he asked the potential jurors was “ What would you think if my client didn’t take the stand to defend himself? The answer he got was “ I’d think he had something to hide.” Kevin’s attorney said “ You can’t think that, by law, he’s not required to take the stand” as if that alone was going to alter what this guy has believed all his life. He was also allowed as a juror. One other person stated that he didn’t know that the American justice system worked on the basis of “ Beyond a shadow of a reasonable doubt” My conclusion? They wanted people that knew NOTHING about the law, that would BE biased against Kevin from the get go, or that MIGHT lean that way or that were simply ignorant. They had many of those to choose from. I was embarrassed for them. I learned the basics of American law in 5th grade. Here was an entire courtroom full of people who had no clue. It was amazing and disheartening at the same time. We also learned of new charges being added around the time of jury selection. They added “ Resisting arrest without violence” as well as an addendum to the “ Burglary, no weapon, no assault, no battery charge” They informed us they were going to try to prove that he had “intent” to commit assault and battery. They were going to try and prove that they knew what he was thinking, even though there was no evidence supporting intent. You’re gonna love their proof that they present in support of intent.
4 minutes before the trail started, Kevin’s attorney Troy, informed us that “ I just found this out”, “ but the judge most likely knows the victim, the homeowner. I just found out she’s friends with the judges son’s wife and attended their wedding. “ “We could ask him to recuse himself, but he can decline and then we’ll just look like assholes and he might be pissed, so I wouldn’t do that.” On such short notice, Kevin decided not to possibly piss off the judge, and declined to ask the judge to recuse himself.
We also found out that the prosecution was going to shoot for prison time for Kevin. Nothing less. This is usually when people ask “What is their motivation for wanting Kevin so bad? We all know that prosecutors get their promotions, bonuses and chances at public office based on their conviction numbers, especially felony convictions, which is why they overcharge at every opportunity, but there is even more in this instance. The home owner in this case is a defense attorney. Not only that, but she’s a former state prosecutor who worked in the same office that the prosecutor in Kevin’s case worked. So yeah, they were out for blood! To make an example of him and to make him PAY! They want this 130 pound hair stylist to do hard time in a state prison. The charge could carry a sentence of up to 15 years in prison.
You, if you’ve read everything so far, know how the opening statement of the prosecution went. Basically, it boiled down to this, A gay man, went out with another gay man, got mad when he was introduced to the second gay man’s new boyfriend and just walked off with the intent to commit burglary, assault and battery on someone.
The defense, basically said “what the prosecution is charging just isn’t true.” No witnesses, as the defense attorney refused to use any, no basis for his claim except that he was going to claim Kevin had been drinking and was trying to find Steven’s house, and thought he was actually AT Stevens house when he went inside. Wanna know what that changed as far as the prosecutor’s claim? Nothing. So what if he was at the wrong house? If he was at Steven’s house and not this women’s house, he still, according to the prosecutor would have been going in to commit assault and battery, because he was pissed at Steven. In the prosecutor’s own words “ He was set up!”
The first witness called was Kevin’s ex-boyfriend Steven. All the prosecution witnesses were well coached. As they waited in the hallway, one by one the prosecutor took them into a side room. There’s actually no reason to have them in a side room. If all you’re asking them to do is tell the truth, you don’t need to coach them right? Well, when the prosecutor took Steven to the side room, I just walked over and stood close by and when they were talking. I heard the coaching…. Accidentally. Steven was told what words to use. Kevin was upset was out, Kevin was pissed would work. Kevin became agitated was gone, to be replaced by “Kevin became hostile”. The idea of course was to use words that would have more of an impact on the jury.
He followed through perfectly. Steven threw Kevin under the bus. If it was acceptable for the gallery to object, I sure as hell would have! The final question asked by the prosecutor was “ Has Kevin been to your house before? “yes” How many times? “ haha enough times to know where I live haha”
Troys questioning was inconsequential. He might as well have asked what color socks Steven was wearing.
The homeowner was also questioned by the prosecutor. Here it got ridiculous. She went through the 9-11 calls, which she couldn’t dispute because the Judge refused to allow the prosecution to edit them the way he wanted to. Then the prosecutor showed a few pictures. One was of a closed shower curtain, well, it was 6 inches from being closed. ( I was sitting right behind the computer monitor we’re the assistant prosecutor was bringing up the pictures that would then show on the monitors in front of the judge and the jurors, so I definitely had a clear view) When the prosecutor asked “ Prosecutor: what are we looking at here? “Miss K: That’s the shower curtain in the bathroom.Prosecutor: and did you leave it open Miss K? “Miss K: No. I didn’t” Prosecutor: Are you sure? “Miss K: yes, I’m sure. I’m meticulous about closing that shower curtain. “Prosecutor:Ok. And in this bedroom where the defendant was found. What was different about this room?” Miss K:The closet door was open. I have two closets in that room. I leave one of them open, but I’m sure I closed the other one. Then he said “ We see in this picture the hallway to your office is that right? Miss K: yes. Prosecutor: Just out of curiosity, what are those things we see on the wall? (are you fucking kidding me? Just out of curiosity? How about objection your Honor! Relevancy?) It wasn’t just out of curiosity. It was well planned out. She’s a defense attorney, and a former state prosecutor. She knows how to manipulate the jury…. Which she was just about to do in answering his question) MissK. Oh those? Those are pictures of my late husband (cue the worst crying act you’ve ever seen in your life) Miss K. I was talking to him that night boo hoo, sniff sniif, I was talking to him that night telling him I’m coming to see you baby! Because I thought I was going to die sob sob It was the worst day of my life!! ( I guess her husband dying wasn’t all THAT bad?) I know it seems insensitive, but you had to be there. Clearly staged. Or you could have been in the hallway immediately afterwards where I found her and the two prosecutors laughing and giggling with each other before I walked behind them down the stairs and they went out for congratulatory drinks just down the road. You see, they never through it all had any idea that I was there to support Kevin. I heard one in the hallway ask the other who I was, and mutt was just as lost as jeff about my identity. This made me privy to bits of information that I’m sure they would have rather I’d not heard in hindsight. Idiots!
CONGRATULATIONS FOLKS!!!!! You just read the complete evidence list used to prove intent to commit assault and battery!!!!! A shower curtain open 6 inches and a partially open closet door!!!! Damning isn’t it? In closing arguments the prosecutor screamed at the jury “ USE YOUR COMMON SENSE!! NO ONE OPENS A SHOWER CURTAIN AND A CLOSET UNLESS THEY’RE LOOKING FOR SOMEONE TO HURT!! No finger prints were ever taken, so who really left them opened or opened them to begin with will never be known.
Kevin’s attorney declined to cross examine the home owner.
Another witness was the witness who ran up to Kevin and I believe was the reason he kicked the door, knocking the panel loose and ducked inside. Nothing was learned from her. Her testimony was exactly as I stated earlier when I spoke of her and the other neighbors gathering outside, and her running up to Kevin.
Another witness was questioned and was the witness who claimed as they all did, that Kevin seemed oblivious to their yelling at him and seemed to not even know they were there until the one ran to him. He also stated that, as I mentioned earlier, that even when being brought out, Kevin seemed to not know where he was or that he had done anything wrong.
Now for the star witness! Officer S. The senior arresting officer. It’s important to note that he did not fill out an arrest report, but I did obtain the arrest report of the second officer, officer G. Her report was signed as being complete and accurate by the senior officer, officer S. Though.
If you remember her report claimed that they searched the house, found the defendant in the spare room, gave him the command 3 times to get out of the bed, he tensed his arms but complied. End of story.
NOW! Here’s what officer S. said on the stand. When we pulled up to the house, it was completely dark and silent. We searched the home and found the defendant on the spare bedroom bed. He had a pillow under his head and one covering his face. He wasn’t moving. He was awake and aware. ( my first thought was “ if its completely dark and completely silent, and he’s on the bed not moving, and his face is covered…. Just how the Fu*K did you determine he was awake and aware? I asked Kevin’s attorney why he didn’t ask that question on cross examination and he replied “ he would have had an answer” to which I responded “ I don’t give a fuck if he had an answer! Would the jury have bought his answer! All you had to do was raise a shadow of a doubt!”
Then the officer claimed, yes, he gave the command 3 times for Kevin to get out of the bed, Then when Kevin got up, he had his gun pointed at Kevin’s chest. (he demonstrated that the barrel of his gun was approximately only 8 inches from Kevin’s chest) Then he claimed Kevin suddenly charged him! From 8 inches away! He said he then, instead of firing his weapon, quickly holstered it, caught Kevin by his shirt collar, and had to tackle Kevin to the ground on the living room floor. He claimed this tackle is what caused Kevin’s footwear to come off his feet, and everything in his pockets to come out. Must have been a hell of a tackle! Doesn’t make the charge of “resisting arrest without violence” very easy to believe does it? Sounds like they would have amended that charge with all that violence going on! Doesn’t fit the arrest report he signed either huh? Here’s the problem, an arrest report is not admissible as evidence, even though it’s filled out and filed immediately after an arrest. A deposition however, filed whenever there’s time, like 2 months AFTER the arrest, is good evidence. However, the arrest report can be used to attack the officer’s credibility IE: I hear what you just said, but it doesn’t jibe with this report that was filed right after the arrest and YOU signed off as being correct and accurate! I asked Troy why he didn’t do exactly that. He told me he wasn’t going to talk about it.
Now, we did have Officer G’s deposition, which stated that Kevin got out of the bed, appeared intoxicated and stumbled. Sounds like maybe he didn’t get out of the bed because he was under the influence of something, stumbled because he was under the influence of something and maybe, just maybe, someone should have taken him in for a blood test to determine what that something was huh?
Troy’s cross examination consisted of him asking officer S. if he was trained in knowing what someone crossing a hardwood floor sounded like. No shit. That’s what he asked. The officer said no, and shut down his line of questioning on the spot.
The trail ended. The officer, officer G. who’s arrest report AND deposition corroborated Kevin’s story, and contradicted the testimony just given by officer S. was excused without ever even testifying! Kevin’s attorney didn’t even bother stopping her from being excused, which is fully within his right under trial law, and the one witness who could have gotten him exonerated just walked out of the courtroom.
I confronted Kevin’s attorney on why the hell he didn’t put her on the stand. He said he didn’t want the jury to hear the same ol story that officer S. just told again. I wanted to hit him, instead I told him “ She wouldn’t have!!! Her deposition doesn’t say what he just said!!!!
Other than what you already know of the prosecutors closing argument, the prosecutor also claimed, in contradiction once again of the charges, particularly the “no assault” portion, that the homeowner was in fact assaulted. Because as he stated in the State of Florida, scaring someone is considered assault! He was correct. It can be considered assault, if the causing of fear is intentional! Which here, we already know it’s not because Kevin never searched the house, never went room to room and there was no evidence to indicate he even knew if anyone was in the house TO scare!
There was one more bit worth noting. After the prosecutor screamed at the Jury that no one would open a shower curtain or a closet unless they were looking for someone to hurt, they added (to the jury) Now I just want you to think, I want you to imagine what he would have done to her if he’s have found her! Kevin’s attorney finally did something I agreed with. He objected to speculation! There was no evidence he would have done anything! There’s not even any evidence that he knew anyone was in the house! The judge overruled him and allowed the speculation anyways. For this reason, Troy filed a motion for a new trial. It has not been approved at this time, and would require a new and different attorney at expense that no one has, but maybe his gofundme account will draw in enough to start an offense against the prosecutors office at the very least! I’m sure there are many more Kevin’s out there who have been railroaded and convicted in the name of upward mobility for a corrupt prosecutor, unethical and unscrupulous prosecutor.
THE MAGICALLY APPEARING SCISSORS
What happened after the trial, during jury deliberation is probably the most egregious thing that occurred during the entire trial.
Keep in mind of this part of the burglary charge as well. Recall if you will, the charge itself. “ Burglary, no weapon, no assault, no battery.”
After the trial concluded, the jury went into the deliberation room. Kevin’s attorney left the courtroom in a rush. I followed behind him, by the time I got to the hallway is a good 100 yards down the hallway, so I returned to the courtroom. As I sat down behind Kevin, a photo was brought out of the deliberation to the judge. The court bailiff told the Judge that the jury wanted to know where the picture came from, as they, nor myself had seen it presented during the trial. The judge called the prosecutor forward and asked him about the contents of the photo. As the prosecutor carried the photo back to the back of the courtroom where the homeowner was now seated, he held the photo mistakenly facing towards Kevin. It was a photo we had never seen before, Kevin’s attorney had apparently not seen before and was NEVER discussed before in any client/attorney meetings.
It was a pair of blue scissors laying in the middle of the yellow bedspread! Kevin looked at me and shook his head and mouthed silently “ what the fuck was that!”
The Jurors had apparently found something in plain sight that both arresting officers, as well as the prosecutor, the defense attorneys, the homeowner AND the crime scene technician who was called in according to the arrest report had missed! Far fetched I know, Yet there it was! A weapon that suddenly showed up, untagged, unnoticed and unknown about by anyone involved, yet the jury was allowed to see it. The prosecutor quickly asked the homeowner what she knew about the scissors? She relied that she knew nothing about them. I’m assuming since everyone missed this large pair of scissors in the middle of the bedspread that she must have at least picked them up off the bed, unless they were still there 15 months later at that very moment! The judge did all he could do, and that was to instruct the jury that they should only base their verdict on the evidence discussed in testimony. However for Kevin, it was already too late, the jury wasn’t going to forget the scissors that they just suddenly found through superior sleuth work that upstaged everyone else involved. It was insane! Its akin to when a prosecutor askes a defendant “ Didn’t you fail a polygraph test concerning this crime?” of course the defense attorney is going to jump up and object because polygraph test results are inadmissible as evidence. Doesn’t matter. The jury heard it said, an objection confirming the defendant did fail one, and now, their verdict will betaking that bit of information into account. They can’t help it. It will always be there in the backs of their minds.
So, based on the shower curtain, the closet door and nothing else, Kevin Rentz was found guilty of felony burglary. The jury accepted that those two items were enough to prove what Kevin was thinking that night. What his intent was. It could have as easily been proven that Kevin was looking for a change of clothes in her closet and was gonna take a shower. But that wouldn’t have gotten an impressive felony conviction
SINCE THE TRAIL
After Kevin was remanded to state custody and placed in jail. He was pretty bad off. He was pretending he wasn’t gay. Like I said, it’s not clearly evident just by looking at him or talking to him. His act didn’t matter. He was sexually harassed and threatened with rape constantly, so much that he was afraid to close his eyes at night and sleep. One day on the phone after he called me, while we were talking, another inmate came up and dragged his finger across Kevin’s neck and told him he was gonna try him out real soon. On day 4 he called me to tell me he was going to kill himself. He couldn’t take it anymore, and if he could have gotten out of his cell earlier (cells open at 4am) and if no one had been around, he was going to jump off the teir to his death. I pleaded with him not to do that, and when our call ended I called the jail and told the watch commander that they had 130 pound young man who was going to do something crazy and that they’d better fucking fix it!
Kevin called me back 10 minutes later to tell me they mocked him over the loud speaker by announcing to the entire jail that were moving the boy because he done called his momma. And moved him to the violent offenders ward…. He was way worse off and crying. Then he told me he had to go, a lieutenant was calling him over to him. 45 minutes later Kevin called me again. To say he was ok. The lieutenant had asked him if he was gay. Kevin told him yes. The lieutenant then told him, “ C’mon, we’re gonna make some room for you in upstairs in another ward and I’m gonna call your grandmother and tell her you’re ok. It appears Kevin’s grandmother worked for a stint in the jail with the Warden. She got word of his extreme dilemma and made a phone call. Kevin is still not in good shape, but he’s better off than he was that’s undisputable.
Two days before sentencing, Kevin’s attorney quit the case. He filed for a motion to withdraw due to ethics issues for him, and the motion was granted. He disappeared with all the money that was paid to him and we haven’t heard from him since.
Kevin can’t afford another attorney, so they tried appointing a public defender to him just for sentencing purposes. One by one the declined to take his case because they all know the homeowner. Miss K. He’s been sitting in jail another month without representation.
Recently, a private attorney has stepped up. I’m hoping he will try and get Kevin a new trial at the very least. If he does, Kevin’s bond will be reinstated and he can at least leave the jail until the new trial, with a new prosecutor. If he is successful, I’m hoping he will take the new trial as well.
My goal here is twofold. I want his story shared. I’m not going to solicit money for his new trial, but he was allowed by gofundme to have an account after much vetting by their staff, in order to try and get justice where there was none. It’s more of an offense fund than a defense fund. I will be posting the link on my facebook, with exactly the same information as you just read. I will also be doing some youtube work to try and draw attention to not only his case, but the tens of thousands more like it every year across America. The practice of paying a prosecutor bonuses and basing promotions on how many convictions of felonies they can get can be nothing but bad for the public at large. Somebodies gotta stand up, and if not me, you…. Who? His next day in court is only 5 days away. Thanks for reading. I know it was long.
Posted 13th October 2011 by Nitrox
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My self summary? Ok, I'm a former active duty Marine. I have two great sons who live with their mom, with whom I parted ways in 2004 mainly because my career took me away for long periods of time and it understandably caused a lot of tension. Ya, I know, we should have been able to work around that right? Well, in the end, everything was done in agreement between the two of us and we split very ammicably. I've since been told that still even talking to my ex about anything other than our kids is just wrong, that I should despise her, and I should think ill of her. Sorry, thats not who I am. Will we ever be anything other than friends again? No. We both have lives of our own. I have a new job in central Florida working for county govt, and I wont be giving it up anytime soon, if ever. I meet my boys for kayak trips and camping and such, and we get in as much time as we can hanging out together.
I have a lot of senseless hobbies, I write songs and poetry when I'm just sitting around. I have been published and copyrited, but have never tried to sell any of my writings.
I refuse to stop doing things I've always wanted to do just because I'm 42. Kayaking over a waterfall, scuba diving with an occasional shark or two, or hangliding. I'm taking a break, but I wont be stopping until I can't stand up anymore. Like has been said " we dont stop playing because we get old, we get old because we stopped playing ."
A poll was taken at my previous place of employment as a fun kinda question and answer thing, The question for me that was put out to my co-workers was simple: Pick one word to describe Daniel. The 100% unanymous answer was : loyal. To me its the most important attribute a man can have. Loyalty to his family, to his job, and to his friends and I pride myself on never wavering in that conviction. I'm not sure if it is the way I was raised, the way I was trained by the Marines, or just is, but I know it's becoming a lost quality in the world today.
So, thats the word on me in a summary I guess. message me if you like, I generally respond ina timely manner.
Please dont label me in any way shape, or form. My second pride is being like no one else I know. I look at "just friends" as being being equally as important as anything else, and sometimes I want the perspective and ideas of a friend. I'm pretty good, but I'm not infallable by any means. So if what you are seeking is a friend, feel free to seek here. I'm not always searching for the path to enlightenment, but I am always serching for friends.
Have a great day, and keep looking forward to the next one
Incidentally, if you happen to be a potry critic or song critic, I am always open tp opinions on my work!