This laptop doesn’t work well. Word searches generate patience-testing false positives, and the “select all” text feature won’t transfer text to a blog post without generating glitches.
Flaws and all, the laptop located a document – below – that a whole lot of attorneys are pretending doesn’t exist, and transferred it coherently enough to this post for all to see that Judge John Dean Moxley authored letters with the specific intent to interfere in the “prosecution” of Gary Stanley Bennett, Jr.
Moxley’s letters should have been entered in to evidence along with the affidavit, but the Brevard Clerk’s office can’t find them.
There was something else that should have been entered into evidence with the affidavit … a copy of the January 30, 1984 Sentinel article, “Legal foes differ on value of dog’s nose,” which makes it clear that Moxley knew that Preston was a charlatan when he put him on the stand against Gary that month, as the article refers to Dale Sutton’s December 1982 federal exoneration, in which Preston was found unable to track scent and unwilling to testify honestly about his own training or his dog’s lineage.
I’m one of Moxley’s luckier victims … I’m not dead; I’m not wrongly incarcerated.
Per the affidavit, on July 14, 2009, Moxley wrote a letter on to interfere in Gary Bennett’s case. On that very same day, Scripps newspapers News and Editorial Boards in Stuart both turned me down in person on my authoring an article about Preston exonerations and remaining frame-ups, or alternately letting one of their reporters use my notes to write their own story. They thought the arrest on their turf of one of the dangerous snitches used to back up Preston’s perjuries, Roger Dale Chapman, wasn’t interesting, although – amazingly – Chapman had snitched against then-recent DNA exoneree Bill Dillon, and one of the Chapman’s arresting officers on Scripps’ turf was Bill’s brother, Joe.
Chapman is in prison again for running a shake’n’bake meth lab, and for sexual battery on another minor, the charge he got a “walk” on for lying on the stand about Bill. His sentences are short and running concurrently, indicating he’s still receiving prosecutorial favors, favors that have now transferred to at least two circuits in addition to Moxley’s.
At the local, state and federal level, there’s official bombast galore indicating that judges, prosecutors and attorneys in general are held to impeccable standards. And not a word is true. The most scandalous IRS tax exemptions are the Bar’s; they pretend to protect the public and their members in equal measure, when they won’t protect the public at all.
Floridians have paid to keep innocent Gary incarcerated for nearly 30 years, just as they’d paid to incarcerate Juan Ramos, Wilton Dedge and Bill Dillon for a combined 54 years before they were exonerated. Floridians provided millions in exoneration compensation to Wilton and Bill, and Juan has apparently been found eligible now, too.
But ordinary Floridans who are paying all these tabs that don’t make them one whit more safe from actual killers had nothing to do with framing Gary, Juan, Wilton and Bill. Moxley did.
On our dimes. Truckloads of them.
Moxley’s a double dipper who received pension and salary simultaneously. To make matters worse, Moxley didn’t limit his lawlessness to courtrooms … Glena Carlin Busick addressed his extensive messing with county finances in Brevard Good Ole Boys.
I’ve asked involved attorneys for copies of Moxley’s letters that sought to interfere in Gary’s case. There are standing frauds against me that Moxley allowed, and a very apparent threat on my life that Moxley chose to ignore, just as he chose to ignore an apparent threat on Alissa Blanton’s life, which she didn’t survive. As one of Moxley’s luckier victims, I feel I owe it to Moxley’s unluckier victims to use those letters to compel feds to finally act.
I hope other Moxley victims feel the same way, and that if they’re successful in obtaining the letters from the Innocence Project of Florida or State Attorney Jeff Ashton, that they’ll post copies of the letters as comments on this post, as soon as they obtain them.
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
STATE OF FLORIDA, Plaintiff,
-vs- GARY BENNETT, JR.,
CASE NO 1983-2375-CF-A
DEFENDANT GARY BENNETT, JR.’S MOTION TO DISQUALIFY JUDGES OF THE EIGHTEENTH JUDICIAL CIRCUIT OR ALTERNATIVELY FOR A CHANGE OF VENUE ON THE DEFENDANT’S MOTION FORPOST CONVICTION RELIEF
Defendant-movant Gary Bennett, Jr., by and through the undersigned counsel, and pursuant to F.S.A. § 38-10 moves to disqualify all judges of the Eighteenth Judicial Circuit and all judges who have served in the Office of the State Attorney with Judge John Dean Moxley, Jr.
Alternatively, the defendant-movant moves pursuant to Fla. R. Crim. P. Rule 3-240 for a change of venue.
The basis of the defendant-movant’s motion is set forth in the following affidavit of Paul Casteleiro, Esq.
AFFIDAVIT OF PAUL CASTELEIRO
State of New Jersey ) ) SS:
County of Hudson )
Paul Casteleiro, duly sworn according to law deposes and
1. Judge John Dean Moxley, Jr., represented the State at trial in the prosecution of the defendant.
2. In his motion for post conviction relief the defendant Gary Bennett alleges the prosecution at trial suppressed exculpatory evidence and that in employing John Preston, an alleged expert in dog scenting, it knew or should have known his testimony was false.
3. Within the past year the defendant filed a motion for post conviction DNA testing of vaginal, oral, and anal swabs taken from the victim at her autopsy, pursuant to Fla. R. Crim. P. 3.853.
4. The State ultimately consented to the relief sought in the motion.
5. Prior to the filing of the motion the defendant communicated with Jeffrey Ashton, the Assistant State Attorney assigned to Mr. Bennett’s case through the Office of the State Attorney for the Ninth Judicial Circuit due to the conflict of Norman R. Wolfinger, the State Attorney for the Eighteenth Judicial Circuit, who briefly represented the defendant on this case when he
was a public defender. The communication with Mr. Ashton was to see if he would consent to the DNA testing prior to the filing of the defendant’s motion.
6. On behalf of the State Mr. Ashton refused to consent to the DNA testing.
7. A review of the State Attorney’s file in the defendant’s case on January 21, 2010 revealed a 5 page single spaced letter from Judge Moxley on his court stationery to Mr. Ashton, dated July 14, 2009, in which he urged Mr. Ashton to oppose the defendant’s request for DNA testing.
8. Also contained with the State Attorney’s file was a handwritten letter on court stationery from Judge Moxley to Jeffrey Ashton asking to be provided with a copy of Mr. Ashton’s letter to me advising that the State would not consent to DNA testing.
9. It is obvious that Judge Moxley is acting as an advocate behind the scenes in this matter despite sitting as a judge.
10. Judge Moxley by his letter to Assistant State Attorney Ashton has demonstrated he has an interest in the outcome of the case.
11. JudgeMoxley’sinterestinthecasecreatesaconflictof interest and/or an appearance of impropriety for all judges serving with him in the Eighteenth Judicial Circuit.
12. Based on Judge Moxley’s continued involvement with the the prosecution in the defendant’s case and his standing among his
fellow judges in the Eighteenth Judicial Circuit the defendant fears he will not receive a fair trial or hearing.
Sworn and subscribed to before me this 13th day of September 2010
PRAYER FOR RELIEF
WHEREFORE, Gary Bennett, Jr. prays that this Court grant all relief to which he is entitled in this proceeding, including but not limited to:
A An Order disqualifying all judges of the Eighteenth Judicial Circuit in the above captioned matter.
B An Order disqualifying all judges who were employed with Judge John Dean Moxley, Jr., in the Office of the State’s Attorney for the Eighteenth Judicial Circuit.
C Alternatively, an Order transferring venue to a Judicial
Circuit other than the Eighteenth Judicial Circuit. D All other and further relief that the Court deems just
Respectfully submitted COUNSEL FOR DEFENDANT-MOVANT GARY STANLEY BENNETT, JR.
_______________________________________ PAUL CASTELEIRO, ESQ. Pro Hoc Vice Member of New Jersey and New York Bar 200 Washington Street, 5th Fl
Hoboken, New Jersey 07030 201-656-1696(Tel) 201-656-4688(Fax)
_______________________________________ INNOCENCE PROJECT OF FLORIDA, INC. SETH E. MILLER, ESQ. Florida Bar No. 0806471
1100 East Park Avenue Tallahassee, Florida 32301 850-561-6767(Tel) 850-561-5077(Fax)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing has been furnished via Federal Express to Lawson Lamar, State Attorney by Jeffrey L. Ashton, Assistant State Attorney, Office of the State Attorney, Ninth Judicial Circuit of Florida, 415 North Orange Avenue, Orlando, Florida 32802, on September 13, 2010.
___________________________________ PAUL CASTELEIRO, ESQ.