EXCESSIVE PUNISHMENT? JUNK CAR PARTS EQUALS 30 YEARS IN PRISON IN FLORIDA.
Michael Mathew Moncer
Sale of Used Automotive Parts Nets Florida Young Man 30 YEARS IN PRISON.
Michael, my Son has now been in prison since April 4, 1991. He was only 25 years old when he was vindictively prosecuted by Florida State Attorney Timothy F Kelly of the 6th Judicial Circuit in Pinellas County Florida, Mr Kelly is now a Criminal Defense Attorney. I have information from other attorneys who tell me that Mr Kelly was fired from the State Prosecutors Office before becoming a private Defense Attorney. Mr Kelly prosecuted Michael once before on a non-violent in 1989, Michael was found NOT GUILTY after a trial by jury. That is why Mr Kelly made it a point to RAILROAD my Son on this present dealing in stolen property offense during the 1991 trial. It also appears strange that Mr Kelly moved to Evergreen Colorado, six months after the trial.
The vindictiveness in this case is overwhelming. Consider the fact that Mr Kelly was seeking a sentence of 7 years NON-HABITUAL on the 1989 offense, of which Michael was found NOT GUILTY by Trial by Jury. But later he is arrested for the used automotive parts. Mr Kelly now says to himself, “I’ve got him now” and demands a 30 year NON-VIOLENT Habitual Sentence after Michael is found guilty of selling the stolen automotive parts but NOT GUILTY of Grand Theft of the parts. This is a case about Personal Pride on the State Attorney’s part, not a Professional Duty to serve the People of Florida. Furthermore, Michael WAS NOT on probation at this time.
The used automotive parts were some old parts that Michael had received in a trade. Michael was an avid Mustang collector and restorer for years, the parts in question were stolen, (Michael was found NOT GUILTY of stealing them), but Michael would have had to know the parts were stolen in order to find him guilty of dealing. Florida Law states that one know or should have known the property was stolen for a finding of guilty in dealing in stolen property. The Judge, Horace A Andrews stated that Michael should have known they were stolen. How many of us go to Flea Markets, Garage Sales and auctions everyday and purchase property that may in fact be stolen? The only way to know if it is stolen would have to be told or to have stolen the property themselves. Michael was neither told it was stolen, nor did he steal it. I am a Ham Radio Operator and we have Ham Radio Hamfests (where parts and equipment are traded at every one of these Hamfests). Michael’s Court Appointed Attorney (not to be confused with a Public Defender) was nothing more than a warm body at the trial. He was at the time a Civil Divorce Attorney who probably knew less about criminal law than most of us. He was appointed just two months before the trial with no time to prepare a defense and not enough experience to ask for a continuance to prepare. Or the Court Appointed Attorney did not want a continuance because the State only paid him $910 to defend my Son in a 30 year criminal case and he did not want to spend very much time on it. On the other hand, State’s Attorney Mr. Kelly, a seasoned Criminal Prosecutor with many convictions under his belt, looked at them as sitting ducks. Now knowing that he would finally get his vindictive revenge against my Son for the trial that he lost before. However, the Court feels that they provided my Son with adequate Representation. I raised so many complaints about this practice that now I understand all Court Appointed Attorneys must meet Standards to defend in the type of case that they are appointed to. They now must receive experience by sitting and learning next to an experienced Criminal Defense Attorney through many trials, plea bargains and by doing appellate Research before they are permitted to represent an individual in a Felony Criminal case. I feel a great deal of pride if my actions are what brought this change about, and now knowing more men and women are receiving experienced counsel. The Trial Judge (Horace A Andrews) who sentenced my son to 30 years had also sentenced a Largo Florida cop, (name withdrawn because the ex cop has notified me that he has not been in any trouble since. He is seeking a full pardon and I believe in giving everyone a chance, even a cop) to five (5) years probation for rape. The cop was later convicted of Violation of Probation and served 2 1/2 on the second conviction. The Judge was nothing more than a puppet for the prosecution in Mike's case. Horace A Andrews also sentenced another man named Marino to two (2)years house arrest for racketeering to the tune of $10 Million a year. This has got to be one of the biggest cases of Miscarriages of Justice ever. Michael is fast approaching his 13th year of imprisonment with a release date of 2009 with gain time off for good behavior. His Institutional record speaks for itself. For almost 13 years he has been Outstanding in all aspects of his confinement. He has had all OUTSTANDING, ABOVE AVERAGE, EXEMPLRARY and etc. progress reports and has been told by many prison Officers and Officials that he is rehabilitated and does not belong in prison any longer. But most of these people are afraid they may lose their jobs if they were to show an interest in helping Michael. Michael has been involved with the Kairos Prison Ministry, a group of people who go to the prisons and share the love of Christ, and has 100% support from this wonderful group. He has received Certificates for Life Skills, which is a cognitive training program. He also has Certificates for Computer Video Literacy and more.
At present, the individual who receives a prison term is for practical purposes being told that an excessive sentence is what it takes to rehabilitate him. This is the first step to attempt to destroy his motivation to come to grips with himself and when you succeed in destroying motivation you might as well kill the Human being. It would have to make a difference if he felt he was being put into a system, not a warehouse that would help him become a productive and meaningful Citizen. Considering if he were told that as he demonstrated his improvement. He would then be able to earn his way into partial confinement and then into Freedom.
After overcoming all of these obstacles Michael still has not been destroyed because he has continued to Rehabilitate and show his Faith. If he were to continue to be incarcerated the effects could well be devastating for him. We must all understand that one day Michael will be released back into society, and for the good of all people it should be now. Consider fixing something that was broken and then not used for years. Then when you try to use it years later, it does not work again. That is the problem of the System in not releasing Rehabilitated prisoners sooner.
My son has paid a very heavy price for whatever poor judgement he may have demonstrated in his short life. I urge anyone who is concerned to please show support by writing letters in support of Clemency for my Son Michael, so that he can be released from prison and be permitted to pursue his life in a productive and meaningful fashion.
It would not appear to be in the best interest of ANYONE if Michael were to continue to be incarcerated.
Michael has more than paid his debt to society and is now prepared to participate as a Free Citizen in a manner that would be constructive and beneficial to the Community. In 1993 the DOC removed 21 years off of Mike's sentence and then later put it back on.
“If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting Investigators to work, to pin some offense on him. It is in this realm--in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself.” From “The Federal Prosecutor”, a speech by Justice Robert Jackson when he was Attorney General of the United States, delivered at the Second Annual Conference of United States Attorneys, April 1, 1940.
Please address all letters of Support to:
Office Of Executive Clemency 2601 Blairstone Road Bldg. C. Room 229 Tallahassee FL 32399-2450
The above is also the salutation in the letter
Michael asks that in your letters to please only point out the Humane thing for the Clemency board to do is to Grant this request for Clemency upon his excellent prison record and the fact that he has a job as soon as he is released from prison. Michael also has a home with his Father to come to upon release. So he will not be any load on society whatsoever when released. Michael was in Auto Air Conditioning repair and since then his friend has opened a business for Auto Air and Mike has a job with him as soon as he gets out.
Also please state the facts of my health and the need that I have for him to be here with me. I would like to blast them too over the excessive sentence and the ignorance of the sentence for the gravity of the charge, however we need to point out only good points and not what they have put me and my Son through these lonely 13 years. We don’t want to argue guilt or innocence or hurt their touchy feelings in any way.
I called the Ofc. Of Executive Clemency and they told me to send the letters of Support to them and we don’t have to mention the Governor. If you like you can send Mike a copy of your letter.
Please write to:
MICHAEL M. MONCER 233767
Sumter C. I. F-2109-L
PO Box 667
I look forward to your letter!
The Los Angeles Police Department is embroiled in the worst police scandal the city has seen in 60 years.
After former Detective Rafael Perez was charged in 1998 for stealing eight pounds of cocaine out of the police property room, he confessed to numerous illegal deeds. Perez and other officers in the Rampart Division had planted evidence on innocent people, falsified police reports, altered crime scenes and lied in court. Perez and his partner shot an unarmed illegal immigrant and then planted a gun on him. The man was paralyzed and in a wheelchair when he was convicted on the false evidence. He has since been released. Today, more than 100 cases have been overturned, at least five officers have been criminally charged and more than a dozen face internal charges of misconduct. About 70 officers are still under investigation. City officials say the settlements in these cases could cost more than $125 million.
The Memphis, Tenn., Police Department is immersed in federal and state corruption investigations for illegally spending cash seized in drug investigations. A state audit found that more than $100,000 was spent on a variety of items, including unspecified lawn care services, golf fees for the chief, furniture for the chief's office and meals for visiting Russian police officers. In addition, more than $90,000 the department spent had little or no documentation, and more than $40,000 that was spent on travel to conferences was not documented. The municipal auditor found the department had an "overall blatant lack of respect for authority." In July a new police chief fired the department's second-in-command, two deputy chiefs and the head of finance.
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The St. Louis Police Department is being confronted by angry residents and civil rights activists after an officer and a federal agent shot two men to death at a Jack In The Box restaurant in June during a drug investigation. The two men were unarmed, information the department refused to release for two days, and one man was not a suspect. Police say the men tried to run over the officer and the agent. The shooting occurred in the afternoon as people sat in the eatery. A grand jury is investigating.
In July the Hartford, Conn., Police Department came under fire when it was learned that it had kept at least $750,000 in drug seizure money that should have gone to two other state agencies. In fact, the department had failed to respond to 80 percent or 3,550 court orders this year that sent the money to the other state agencies. The state auditor's office, which is examining the department's finances, said this month that the department had improperly spent $62,000 in drug money to buy cars for the mayor and other top city officials.
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The controversy exploded last year in February when the superintendent of the New Jersey State Police said that cocaine and marijuana traffickers were most likely minorities and that those who didn't believe minorities were behind drugs were naive.
He was quickly fired by the governor. But accusations of racial profiling continue to persist as Congress and state legislators around the country are attempting to implement laws to halt the practice. Since the New Jersey incident, the U.S. Department of Justice has begun investigating numerous accusations of racial profiling around the country.