Needling negligent Needelman

Florida Today ran another Letter to the Editor with a title that suggested it was pro-current Brevard Clerk of Courts Needelman and anti-previous Brevard Clerk of Courts Ellis.

I didn’t open the link to the letter; I can guess at the extent of its unwitting self-destructiveness. Florida Today‘s readers are so misinformed that they don’t know up from down; they haven’t a clue that they not only own continually vote against their best interests, but endanger themselves in the process. I know because I used to be one of them.

If memory serves, the exits are clearly marked at the Brevard Clerk of Courts offices. I think it’s time for Needleman to find the closest one and then forget he ever knew where any entrance was.

If justice is served, scores of Brevard/Seminole public employees – and their enablers in Tallahassee and D.C. – will find themselves in facilities where the exits are inaccessible to them, for the rest of their lives.

From: Susan Chandler
Date: April 11, 2012 11:20:12 AM EDT
To: Mitch.Needelman@brevardclerk.us
Cc: Rick.Scott@eog.myflorida.com, FL_GOV Inspector General , Norm Wolfinger , Tampa Division , miami@ic.fbi.gov, ASKDOJ , support@flclerks.com, Sandy D’Alemberte , president@flabar.org, ethicsearch@americanbar.org, Senator Mike Haridopolos , Speaker Cannon , bprieto@tribune.com, acolarossi@tribune.com, ecogaspe@hotmail.com, h19l12@tele2.at
Subject: my 7/5/11 email – “Again … Gary Stanley Bennett is alive, his case file should be, too [05-1983-CF–2375-AXXX-XX]”

The Honorable Mitch Needelman
Brevard County Clerk of the Court
700 S Park Avenue
Titusville, FL 32780-4015

Dear Mr. Needelman,

I am writing to acknowledge that I am aware that you have finally made Gary Stanley Bennett’s case information available online on Brevard County Clerk of Courts eFACTS.

I am also writing to formally protest the case information being out-of date and incomplete.

The final entry on the actions register is dated December 27, 2011, although the Fifth District Circuit Court made an entirely inappropriate PCA decision the week of March 12th … it is also my understanding that the PCA decision has been appealed.

Gary is represented by both Centurion Ministries and the Innocence Project of Florida. Neither organization is listed on the Party Attorney Information page.

There is no reason for me to believe that you responded to my repeated requests to put Gary’s information online (consistent with the information posted on others framed using charlatan dog handler John Preston before Gary that are now free). There is instead reason to believe you feared going forward with such blatant evidence of your complicity in Brevard/Seminole and Orange/Osceola conviction corruption in the face of former Brevard County Clerk of the Court Scott Ellis seeking to return to his former position.

An unwillingness to keep a clouded record current is as dark a deed as initially claiming an inability to post the record at all … your content of character is still showing. Making Gary’s record complete and current won’t repair your character, it will simply cure the frauds of you cashing paychecks without completing the requisite work.

Cure the frauds, Mr. Needelman.

Sincerely,

Susan Chandler

——————————————–

From: Susan Chandler
Date: July 5, 2011 11:08:12 PM EDT
To: Mitch.Needelman@brevardclerk.us
Cc: Rick.Scott@myflorida.com, FL_GOV Inspector General , Norm Wolfinger , Tampa Division , miami@ic.fbi.gov, ASKDOJ , support@flclerks.com, Sandy D’Alemberte , president@flabar.org, ethicsearch@americanbar.org, Senator Mike Haridopolos , Speaker Cannon , bprieto@tribune.com, acolarossi@tribune.com, ecogaspe@hotmail.com, h19l12@tele2.at
Subject: Again … Gary Stanley Bennett is alive, his case file should be, too [05-1983-CF–2375-AXXX-XX]

The Honorable Mitch Needelman
Brevard County Clerk of the Court
700 S Park Avenue
Titusville, FL 32780-4015

Dear Mr. Needelman:

I write in response to Executive Assistant Renee McGrory’s statements received on July 1st in answer to my emails to you of May 27th, June 17th and June 29th.

Before I address the content of Ms. McGrory’s email, I will detour to ask that you refrain in the future from involving your staff in conviction corruption and refrain from responding to life and death concerns at your leisure.

Sir, if you can comprehend that it’s homicidal to slip a fragile diabetic a sugar-filled rather than sugar-free Coke, and homicidal to run through a coronary intensive care unit screaming “bomb!” at the top of your lungs when there isn’t one, then you have sufficient intellect to understand that it’s homicidal to heap deliberate duress on someone with epilepsy.

Ms. McGrory’s email apprised me that there have been no media or defense requests to put Bennett’s case file online on eFACTS. This is consistent with there being no media requests preceding mine of State Attorney Wolfinger’s office for a list of cases in which discredited dog handler John Preston had participated, and consistent with defense attorneys apparently being complacent with the tainted transfer to Orange/Osceola, the reportedly suspect condition of evidence received by Orchid Cellmark, etc. Bennett will likely have a credible basis for an ineffective-counsel-do-over, but at unacceptable costs, including additional years of his life.

McGrory stated that the age of Bennett’s case explained his case information being unavailable online on eFACTS, a statement that was defeated by the correspondence it pretended to answer … Bennett was convicted AFTER the three Brevard men whose Preston-tainted convictions were upset – Juan Ramos, Wilton Dedge, William Dillon – and their records are available online on eFACTS, with the exception of what has been expunged in Dedge’s case.

The likelier explanation for failing to put Bennett’s case online of eFACTS is that his conviction, unlike the others, occurred AFTER an Ohio federal court found dog handler John Preston to be a perjurer and a charlatan in 1983, later stating in answer to Dale Sutton’s suit for damages for his false conviction: “Sdoes not now contest, that during the course of Sutton’s trial Preston testified untruthfully as to his credentials, background, and training, and as to the abilities and ancestry of his German shepherd, Harass II [emphasis added].”

I have attached only Ramos eFACTS “Register of Actions Activity” to substantiate that records are available on eFACTS for other Preston victims. This selection was deliberate: Although Ramos’ life and liberty no longer hinge on his case information being available to the public on eFACTS like Bennett’s still does, the availability of equal justice for Ramos hinges on the public acting on his behalf. Sen. Haridopolos sponsored both Dedge and Dillon’s exoneration compensation claims in the Legislature, with Florida Today and Orlando Sentinel extolling his efforts as heroic while neglecting to report that Haridopolos is ignoring Ramos being due $250,000 in exoneration compensation, perhaps because of it politically fashionable to be non-supportive of Hispanic immigrants (Dedge and Dillon are white).

These four men are a small portion of Preston’s collateral damage in Central Florida. Linroy Bottoson’s Orange/Osceola/FBI/Preston prosecution resulted in his likely wrongful execution. Orange/Osceola recommended Preston to Brevard/Seminole. Neither Orange/Osceola, Brevard/Seminole nor the FBI has made any legitimate effort to ascertain the integrity of the convictions achieved through putting perjurer/charlatan Preston on the stand and/or before a grand jury to secure an indictment … even though the FBI is specifically tasked with investigating public corruption that affects trial outcomes.

Bennett’s 2009 twice-renewed tainted transfer to Orange/Osceola indicates that after 27.5 years, he is still being denied his first fair day in court. There was other activity in Bennett’s case in this century, apparently in Brevard Judge Silvernail’s court in the time frame that Dedge’s case was before him, per Fifth District Court of Appeals Case No. 5D02-1652. Dedge was exonerated in 2004.

The Casey Anthony trial has concluded, and in turning their attention to Bennett’s case, it is doubtful that the the Orange/Osceola prosecutors will exhibit belated candor before the court in admitting that Preston’s testifying in their judicial circuit makes their representing the State in Bennett’s case just another Central Florida due process farce. Jeff Ashton’s abrupt retirement won’t undo his public misrepresentations of Bennett’s case if his checkered credibility is spun into fictional consistent diligence in “reporting” like today’s Orlando Sentinel article, “Assistant State Attorney Jeff Ashton retiring.”

Your recalcitrance to date defies the “Role of the Clerk as Public Trustee” as described on the Florida Association of Court Clerks & Comptroller’s web page at http://www.flclerks.com/clerk_role.html and bears immediately correcting. Upon receipt, please provide your immediate personal assurances that Gary Bennett’s case information will appear online on eFACTS within the next 48 hours, alleviating some of the untoward duress that no litigant should have to labor under, let alone such a vulnerable litigant.

Thank you for your time. I look forward to your response.

Sincerely,

Susan Chandler

http://www.sun-sentinel.com/news/local/breakingnews/os-casey-anthony-prosecutor-ashton-re20110705,0,693088.story#tugs_story_display

——————————————–

From: “Mitch Needelman”
Date: July 1, 2011 11:31:54 AM EDT
To: “Susan Chandler”, “Mitch Needelman”
Cc: , “Tampa Division” , “ASKDOJ” , ,
Subject: RE: Gary Stanley Bennett is alive, his case file should be, too [05-1983-CF–2375-AXXX-XX]

Greetings Ms. Chandler:

Please note that the records in question pertain to a 1983 case that was not converted to our current application. We converted in December 1999. We only maintain a limited amount of information on the case. Remember that technology today is not the same as it was in the early to mid 80’s. We routinely purged records due to storage – this is one such record.

The following parties have expressed an interest in the Gary Stanley Bennett case and have been copied on this reply: Heinz Leitner (h19l12@tele2.at)and Louis Richard (ecogaspe@hotmail.com).

Many Thanks,
Renee McGrory
Executive Assistant to Mitch Needelman

——————————————–

From: Susan Chandler
Date: June 29, 2011 4:23:24 PM EDT
To: Mitch.Needelman@brevardclerk.us
Cc: cig@eog.myflorida.com, Tampa Division , ASKDOJ
Subject: Gary Stanley Bennett is alive, his case file should be, too [05-1983-CF–2375-AXXX-XX]

The Honorable Mitch Needelman
Brevard County Clerk of the Court
700 S Park Avenue
Titusville, FL 32780-4015

Dear Mr. Needelman:

I am writing to repeat my requests of May 27th and June 17th that you immediately put Gary Bennett’s case information online on Brevard County Clerk of Courts eFACTS and cease the prejudicial treatment that Juan Ramos, Wilton Dedge and William Dillon did not have to endure in the process of getting their nearly identical convictions upset. Those previous emails are attached.

I now make two additional requests: 1) Please fully disclose – by return email – any and all additional written or telephonic requests from other parties that you correct the inaccurate eFACTS designation of Bennett’s case as “disposed,” and 2) Please immediately apprise the parties (in addition to yourself) that serve on The Florida

It has not escaped my attention that you apparently have recently been added to Florida Today’s lengthening list of protected political personages that enjoy slanted coverage that exponentially increases chances of reelection. Jeff Schweer’s June 15th Florida Today’s article, “Agency to review Brevard Clerk of Courts Needelman’s money plan,” hypocritically portrayed you as bucking the Florida COCC in order to make sure that your employees are well-compensated. Schweers cemented this fiction effectively by closing his article with Orange County Clerk Lydia Gardner’s indirect quote that “she appreciated what Needelman was trying to do for his staff.”

Schweers’ article contradicts previous Florida Today articles about what you’ve done to your staff – outsourced them – costing them significant losses in wages and benefits, which they’ve filed suit over.

Although your former employees are now employees of Source 2, an Orlando firm, Orange County is hearing the employee’s suit challenging the outsourcing, per Kaustuv Basu’s March 29th Florida Today article, “Orange County judge gets Needelman outsourcing lawsuit: Brevard, Seminole judges recuse themselves.” A ruling in favor of your employees would cause loss of incomes in Orange County; transfer there poses a conflict of interest that no Florida county aside from Orange would have faced. That makes the case transfer inappropriate, as was Bennett’s transfer and many others between Orange/Osceola and Brevard/Seminole (now spilling over into Florida’s multi-county 7th Judicial Circuit in related matters for Juan Ramos and William Dillon since State Attorney Tanner’s departure from office).

Rick Neale’s April 6th Florida Today article portrayed another problem caused by the out-sourcing, “Needelman’s outsourcing of jobs prompts heath insurance shortfall: Clerk of Courts affected worker-retiree ratio.” You have caused chaos and demonstrated a wholly unsuitable work ethic; I merely asked you to do your job, which includes providing accurate information to the public and the media as well as courtroom protections for vulnerable litigants, not instead providing prosecutors with additional means to bury a controversial case and jeopardize the life of a vulnerable litigant with deliberate duress.

My three requests are clear. As I cannot logically hold any expectation that you will honor any of them, I will take steps to apprise The Florida Clerk of Court Operations Corporation of your intractably prejudicial behaviors so that they can decide as a body whether they wish to support your malfeasance or their organization’s integrity, as they can’t do both simultaneously. The Florida CCOC website provides contact web page rather than an email address, so I will provide links on that page so the Executive Council and Staff can find this email online, along with the ones that preceded it.

Again, it is the responsibility of the FBI to investigate public corruption that affects trial outcomes and the responsibility of the DOJ to prosecute, even if the FBI has to investigate itself, as it must with prosecutions involving John Preston and at least one other DNA-discredited dog handler, Keith Pikett.

And again, Mr. Needelman, from what I understand of the opinion expressed in Fuller v Truncale, you can expect no immunity from prosecution.

Sincerely,

Susan Chandler
3008 N 25th St
Ft Pierce, FL 34946
772-466-9874

http://www.flccoc.org/council.php

——————————————–

From: Susan Chandler
Date: June 17, 2011 4:45:56 PM EDT
To: Mitch.Needelman@brevardclerk.us
Cc: Tampa Division , ASKDOJ
Subject: Unequal treatment of Gary Stanley Bennett, Jr. per related upset convictions – Juan Ramos, Wilton Dedge, William Dillon

The Honorable Mitch Needelman
Brevard County Clerk of the Court
700 S Park Avenue
Titusville, FL 32780-4015

Dear Mr. Needelman:

My emailed requests of May 27th concerning your office’s prejudicial treatment of Gary Stanley Bennett’s case were reasonable, you had no reason not to immediately make his case available on the Brevard County Clerk’s eFact website and provide assurances that courtroom provisions would be made to ensure that Bennett’s epilepsy did not endanger him or affect the hearing’s outcome. I renew my requests via attaching a copy of that email.

Your ignoring my requests led me to taking a harder look at the information available on eFacts for the three related upset convictions in which prosecutors had used charlatan dog handler John Preston, jailhouse informants and other untenable trial tactics. The following was apparent:

Juan Ramos (acquitted at retrial, 1987, five years on death row): Juan Ramos filed a petition to be compensated under Florida’s Victims Wrongful Incarceration Compensation Act. With ostensibly nothing to legiitimately litigate, the matter was transferred to the 7th Judicial Circuit (Executive Order 10-149, July 19, 2010). State Attorney Tanner – who reasonably believed scent evidence to be junk science – is no longer in office in the 7th. Senate President Haridopolos ignored Ramos’ claim but sponsored both Dedge (successfully and reasonably) and Dillon (unreasonably and unsuccessfully), two white guys. That Haridopolos is a racist is apparent from his pretending that agricultural slavery doesn’t exist in Florida, affecting mostly latinos … many who paid to be brought here after being told that legitimate jobs awaited. But more is in play than prejudice. In Ramos’ case, Judge Gilbert Goshorn personally tested Preston and found he couldn’t track a fresh scent the length of a football field, let alone any of the nonsense he claimed – http://www.youtube.com/watch?v=kwF94oXsnvc – on national television in 1984 – and Haridopolos does not want clarity in the Legislature on the issue of Preston’s incompetence, although it would immediately make Dillon’s claim successful for $50,000 per year rather than the discounted $30,000 per year Haridopolos requested.

Wilton Dedge (DNA exonerated, 2004, 22 years in gen pop): I had forgotten that The Innocence Project had to take formal action in 1999 to get Judge John Dean Moxley recused from Dedge’s case, in 05-1999-CA-012634-XXXX-XX. Moxley’s apparent perception that having personally persecuted/prosecuted Dedge would not affect his judgement in hearing his case was lunacy. Looking at the Register of Actions Activity also reminded me that Judge W. David Dugan was involved in that fray, as he is in both Dillon’s and Bennett’s. As he can’t reasonably resolve Dillon’s case, he should recuse himself from Bennett’s.

William Dillon (DNA exonerated, 2008, 27 years in gen pop): It appears that James Dvorak’s homicide isn’t being objectively investigated as a do-over warranted by officer and prosecutor misconduct, it is instead being investigated as though there was some legitimacy at all to keeping Dillon the lead suspect. Dillon was only a suspect in officers and prosecutors’ minds, bizarrely accepted in Brevard as being psychic despite decades of overwhelming evidence to the contrary. The Brevard County Sheriff’s Office singular acknowledgment that skull-crushing in tiny Canova Beach wasn’t unique to Dvorak was years in the making – they finally honored my repeated requests and put the date of widowed, retired kindergarten teacher Pauline Scandale skull-crush homicide on their Unsolved Homicides web page.

Florida Today covered your sudden interest in adequately compensating the harried personnel that you recently outsourced. While FT readers likely leapt to the conclusion that your proposed pay hike is to make the related lawsuit vanish, I’m instead wonder if you believe that a 12.6% hike will keep personnel quiet about the conviction corruption they’re forced to deal with daily. I saw the mountain of files they assembled for Florida Today’s “investigation” of Preston cases, cases which have now been reburied.

The chicanery portrayed on eFacts for Ramos, Dedge and Dillon makes it clear why Bennett’s case must be available on eFacts, because the visible chicanery is only a jumping off point in understanding the corruption, i.e.; the import of Dedge’s motion to recuse Moxley can only be learned through research.

I am not an attorney, but from what I understand of Fuller v Truncale, you will not have immunity from being sued by the Bennett family for failing to treat Gary’s case just like the cases of Ramos, Dedge and Dillon … “The clerk of the court qualifies as a quasi-judicial officer when he performs judicial, as opposed to ministerial, acts.”

The press is being fettered by Gary Stanley Bennett’s case being designated as “disposed” on your eFact website. That Florida Today and the Orlando Sentinel apparently both welcome being fettered is beside the point. Bennett’s case is active, it is being prosecuted by the unclean hands of the 9th Judicial Circuit, there has apparently been evidence tampering, there have been clear misrepresentations of fact made to the media, there is a hearing approaching before a judge that should have recused himself, and no one knows when or where … because of your apparent ministerial malfeasance.

All of this should be unacceptable to the FBI and DOJ, who are entrusted to investigate and prosecute public corruption that affects trial outcomes.

Sincerely,

Susan Chandler

“Brevard Clerk plans to hike staffers’ pay 12.6 percent,” June 4th, Jeff Schweers, Florida Today http://www.floridatoday.com/article/20110604/NEWS01/106040313/1006/NLETTER01/Brevard-clerk-plans-to-hike-staffers–pay-12.6-percent?source=nletter-news

——————————————–

From: Susan Chandler
Date: May 27, 2011 2:20:03 PM EDT
To: Mitch.Needelman@brevardclerk.us
Subject: Gary Stanley Bennett Jr., 05-1983-CF-002375- AXXX-XX

The Honorable Mitch Needelman
Brevard County Clerk of the Court
700 S Park Avenue
Titusville, FL 32780-4015

Dear Mr. Needelman:

I am writing to make specific requests of your office in regards to Gary Bennett’s case.

Unlike Bill Dillon’s nearly identical case preceding the hearings that upset his conviction, Bennett’s case is still shown as archived rather than active on your e-Facts website, and marked as “disposed” although it is active per the order below dated May 18. I ask that you immediately make Bennett’s case information available online, with every link meticulously accurate, including listing all of the parties who are representing him.

Bennett needs and deserves courtroom protections; his epilepsy is volatile. Stress exacerbates seizures and seizures can be fatal. As court hearings are inherently stressful without imprisonment being at issue, I request that you have a portable defibrillator at hand and someone trained in its use who is capable of administering CPR as well as recognizing and reacting to seizures, which can present as inattention, random repetitive movements or vocalizations, staring, an inability to follow conversation and more … not just falling down and convulsing. I write not only from the standpoint of a person with epilepsy who has endured absurd trial outcomes from a clinical inability to follow courtroom conversation, but as a graduate EMT with years of experience working in hospitals, long-term care facilities and a mental health facility. Before the virtual epilepsy epidemic of Mideast Vets who survived Traumatic Brain Injuries, millions of Americans already had epilepsy; it was never an extraordinary request for court personnel to protect litigants who have epilepsy, yet it continues to be treated as such.

Through no fault of Clerk personnel, Dillon’s hearing date/time/location information was repeatedly posted incorrectly to the internet. Bennett will be appearing before the same judge – Dugan – so it is reasonable to assume that the same problem can happen again. As Bennett’s case is more definitive in portraying the extent of Brevard/Seminole prosecutorial and supervisory misconduct as regards John Preston’s perjuries than that of Dillon, Juan Ramos and Wilton Dedge, it is is important the media not be deterred from attending hearings. Please have your personnel continue to verify scheduled hearings and post updated information immediately.

If possible, please correct any further misstatements to the media from the Orange/Osceola State Attorney’s Office regarding the nature of the transfer of Bennett’s case into their hands. The transfer is tainted, there are judicial circuits in Florida where John Preston did not testify that have no vested interest in upholding his perjuries, and Bennett is deserving of the public being aware that he is being tag-teamed.

In the Register of Actions, please carefully indicate the date that former Governor Crist renewed his Executive Order facilitating the transfer ot Orange/Osceola, as it was months after the initial Order had expired. Please also make make clear who had custody of the signed, sealed evidence that was shipped to Orchid Cellmark’s Farmers Branch, Texas lab for DNA testing last year and was determined to have been “washed” of testable materials.

The public is continually defrauded and endangered when the wrong person is behind bars, especially when career criminals are freed – repeatedly – in exchange for false testimony.

Roger Dale Chapman – who admittedly testified falsely against Dillon – is back in prison as of the 3rd for a 2010 crystal meth lab bust and a 2007 sexual assault on a minor, the same charge Chapman got a “walk” on to lie about Dillon. Kenneth Plemmons and Michael Turner were used against Bennett. James E. Gilmore was used against Ramos. Clarence Zacke was used against Dedge and Gerald Stano, with his recantation ignored instead of saving Stano from execution and shaving years off Dedge’s wrongful sentence. Pertrell Kuiara was used against Linroy Bottoson, with his recantation ignored instead of saving Bottoson from execution – it’s relevant because it was an Orange/Osceola/FBI case and – as previously stated – should have prevented Orange/Osceola’s participation in Bennett’s case.

I look forward to finding Bennett’s complete case information on your website immediately as your response to this letter, signaling that – as an elected public servant – you will do your best to ensure public safety. Thank you for your time, sir.

Sincerely,

Susan Chandler

About Susan Chandler

Now-disabled interior/exterior designer dragged into battling conviction corruption from its periphery in a third personal battle with civil public corruption.
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