Needling negligent Needelman … again

Gary Stanley Bennett’s hearing may be days away. No one knows because Brevard Clerk of the Court Mitch Needelman somehow doesn’t believe that his office owes the same attention to Bennett’s case as it paid to three related upset convictions under more competent direction.

Please needle Needelman, too. Email him and tell him to put Gary Stanley Bennett’s case, 05-1983-CF-002375-AXXX-XX online immediately. Gary’s been behind bars wrongfully for over 27 years. Don’t let the corruption take more of his life away, don’t let the corruption continue to hold his family hostage.

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 TodayWhile 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.”

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. and the The press is being fettered by Gary Stanley Bennett’s case being designated as “disposed” on your eFact website. That

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

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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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