My name is Jason, In June of 2012 I was falsely arrested for possession of contraband images. I have fought ever since to clear my name. In total, I was charged with 67 counts and I proved absolute innocence on 61 of 67, leaving 6 counts left. I was barred from bringing in proof of innocence into my 2nd jury trial. At that time the State Attorney offered me time served, no prison, and no S.O. label, plea out to a computer tampering charge. No sir, no way, they know what they did was wrong, we proved innocence and yet it was blocked from the jury in 2nd trial. I have been fighting ever since, now I cleared the hurdle of a legally sufficient Federal Habeas Corpus but because I am "pro-se", I was denied "without" prejudice by the Federal Middle District Court in Florida.
I have fought as hard as I can to exonerate myself and I am as close as I have ever been to exonerating myself. But, I need legal counsel to pull this off. I have spoken with about a dozen law firms, and all say - "the ruling does not even address the factual exculpatory constitutional claims, that I have several constitutional claims that if ruled on properly, by law, it would be a reversal and exoneration."
Here is the rub, as of today 8/15/2023, I have about 2 weeks to raise enough money to hire the one firm that I believe in the most. If I am unable to make this deadline, I will forever be barred from appealing my Habeas Corpus to clear my name.
I won't beat around the bush, the charges are disgusting. But, I had absolutely nothing to do with that stuff and that's how I won 61 of 67 counts.
I will provide you with any documentation you wish, you can read any and everything from my case, in fact here they are:
10th Circuit Court - Polk County, Fl - CF12-005644-XX
2nd DCA - Polk County, Fl - 2D17-141
Federal Middle District Court - Tampa, Fl - 8:18-cv-02992-SDM-JSS
Anything you can do is helpful, all funds go to legal defense.
I thought I would share with you a few quotes, and testimony from the Detective, State Attorney and Defense Lawyer, in my case, tell me whatcha think:
DETECTIVE
Further, Det. ******* agreed with defense counsel that the two suspect images on the subject phone were accessed during the period in which the phone was in the pawn shop’s exclusive possession, each time the last access date of images changed, thus leaving a digital forensic trial that implicates someone other than the Petitioner. (T-191). The Detective said this happened before she arrived, and later in her presence. (T-190-191). Detective ******* also testified that she did not check the “hash value” (a technical property of a digital file, analogous to a “digital fingerprint” that can be used to establish a file’s uniqueness) of the extractions before and after the data retrieval. (T-193). Defense Counsel then asked the Detective,
DEFENSE: “So there was no way to determine whether or not the phone had the exact same information on it before and after?”
DETECTIVE: “No”. (T-194:1-3).
**********
The Detective testified that according to the data that she received, the collage photo file created on July 16th, 2011, was not sent to the subject cell phone via text message, email, or multimedia file or internet download. (T-226:1-20). The only way that the suspect file could have come into existence was if it had been created by an electronic device other than the subject cell phone. (T-226-227:21). Det. ******* testimony aligned with the testimony the defense expert gave in his June 12th. 2015, deposition.
DEFENSE: “Okay. So as far as your extraction is concerned, this file was not downloaded by this phone on this date?”
DETECTIVE: “According to the data retrieved, no.” (T-226:1-3)
DEFENSE: “Okay. So the only other way that this file could have come into existence is if it was created not on the phone or the SD card but on another device; is that correct?”
DETECTIVE: “Yes”.
DEFENSE: “And at some point in time it was moved from that device to this SD card?”
DETECTIVE: “I’m assuming it was. I mean, there’s no other way for it to get onto an SD card without it.” (T-226:21-T-227:3).
DEFENSE: “Okay. So as you sit here this just appeared out of nowhere and moved on this SD card and you have no idea what the source of the file is?”
DETECTIVE: “Correct”. (T-227:18-21).
**********
Apparently, the suspect file images were moved from the creating device to the subject cell phone SD (or memory) card. (T-226:21-227:3). Detective ******* further testified that she had no idea what the source of the subject July 16th, 2011 image file was. (T-227:18–21). The Detective agreed that there was no evidence that the suspect file was ever opened on the subject phone by anyone except the pawn shop and herself. (T-233 – 234).
The Petitioner asks this court to consider, in its deliberations, whether Det. ******* of the Sheriff’s Office, knew or should have known of potentially fatal defects in this case indicating the need for a much more diligent investigation. The warrant application, arrest affidavit and statements of fact supporting probable cause, are completely devoid of any of the material key exculpatory facts cited supra. That at best renders problematic a finding of probable cause if not barring completely.
MR. TEETS: “Were you aware of these 85 downloads (while the phone was in pawn).”
DETECTIVE: “Well, they are in the forensic report, so yeah.” (R-616, deposition pg. 22:25 to pg. 23:1)
MR. TEETS: “Ok, was that phone being used while it was in the pawn shop according to that phone pawn contract.”
DETECTIVE: “According to the dates and times on the back it would appear so.” (R-616, deposition pg. 25:6-9)
**********
STATE ATTORNEY:
Finally, should there be any question as to whether or not the evidence was sufficient to sustain a guilty verdict, we need not look any further than the Tenth Circuit State Attorney's own admission and statements to the Court:
COURT: “Well, I think the purpose for the objection is the way – you could have asked about image of scenery as a proof that he looked at any other images…”
SAO: “I don’t [have] any proof of that.”
COURT: “What?”
SAO: “I don’t have that proof…..” (T-249:10-16).
SAO: “I don’t have anyway to prove he looked at that [contraband].”
(T-249:21-22)
Thus, his conviction and sentence are in violation of his Fifth and Fourteenth Amendment rights to Due Process and must be vacated, justice demands such.
**********
MY LAWYER:
(Defense Counsel):
“…However, to prove that he viewed or had dominion and control over the actual files they would have to establish that somehow he looked at them or somehow he put them on the phones. There has been no prima facie showing that that’s how this happened.
With the phones we went through in great detail those dates and those times there is nothing corresponding to them that would show an active user putting those files on the phone at that time. What we have instead is just these are amorphous files that appear on the phone.
THE COURT: And I understand. So your argument is basically someone else could have put an SD card in it at a later date, the creation date was there, and then - - because there’s no other way to show how it got there?
DEFENSE: Yes.”
**********
MY FAVORITE CASE LAW QUOTE:
Judge Gross remarked in Jackson v. State, 736 So.2d 77 (1999) a similar case involving the sufficiency of evidence:
“The finger of suspicion implicit in circumstantial evidence is a long one and may implicate both the innocent and guilty alike. Persons caught in a web of circumstances may often appear guilty upon first impression, but in fact be entirely innocent as surface appearances are frequently deceiving. A person ought not be convicted of a crime, it is thought, and his freedom taken from him based on such tenuous and ambiguous evidence. To avoid, then, convicting entirely innocent people based on suspicion and innuendo, the law has long demanded a high standard of proof when reviewing convictions based entirely on circumstantial evidence. Given our long-standing commitment to the ideal of individual freedom, this result seems both fair and reasonable. As has been often stated, “[o]ur responsibility in such circumstances – human liberty being involved – is doubly great,” Head v. State, 62 So.2d 41 (FLA 1952), because “[t]he cloak of liberty and freedom is far too precious a garment to be trampled in the dust of mere inference compounded.” Harrison v. State, 104 So.2d 391 (FLA 1DCA 1958).
https://gofund.me/8512b425
Sincerely,
Jason
Is it possible for someone to get in touch with me. We have been fighting for my son's freedom for 5 years. We are about to go to Federal Courts but this will be our last appeal.
Thank you
I interned with the innocene project of Florida and I love this organization. I love everything that it stands for. the staff are the most amazing, hardworking individuals I ever met. they come in everyday and the goal is to help someone in need to the best ability that they could. With the innocene project it is all about helping and making a change.
Innocence project of Florida helps people who have no more options. They work hard to find and free innocent people.
I have conntacted the Innocence Project to help my son who is in prison for hear say and no real representation.All i am asking the project to do is investigate my sons case and help him, because he has been in prison for nine years and more.These politicans in st. johns county are corrupt and ruthless in there dealings. There are still unsolved murders in st. johns co., because of the vast amounts of money in this county the police system is controled by individuals not the law. It is said that if you want to kill someone come to st.johns county. we have a current murder case where the weapons were never found. and the person who killed the other man got four years in a minimum security prison.
The Innocence Project of Florida is run by an incredibly passionate team of individuals truly committed to exonerating the wrongly imprisoned. Having met many members of their staff, it is no surprise that they have produced a remarkable resume of work over the past several years and counting.
Amazing work being done in a state where the old "tough on crime" saw still sells and where justice is still more about money and race than just justice. This is a state that's proud of its school-to-prison pipeline, a state where a junior high school boy gets arrested and charged as an adult for assault for passing gas in class (YES, ARRESTED FOR FARTING). It is a state that on the brochure looks glossy and in the backwoods looks a little too old-timey. And it's a state that very much needs and appreciates the hard work of the people at Innocence Project of Florida, Inc. Wish we could make their funding and offices as big as the capital!
Great organization that gets the job done in the name of justice. Amazing what they do on a daily basis!!
I did an externship at the Innocence Project of Florida during law school. Couldn't have had a better experience--incredible staff (friendly, funny, knowledgable and so utterly dedicated) and a noble mission. I miss them!
I've been following the work of IPF for nearly 10 years. In the face of very difficult odds, they have managed to offer hope and justice in place of unfairness for the wrongly convicted of Florida. They provide legal counsel and investigative support to their clients' cases, of course. But in addition, IPF also includes SOCIAL services to help ensure the smooth transition of exonerees back into the mainstream of society.
They accomplish so much with so few resources. What they might do with even more resources just stirs the soul.
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IPF faces incredible odds in its mission to see that justice is done for Florida's wrongfully incarcerated -- that is to say, wrongfully *convicted* -- citizens. Some/Most of these people have been imprisoned for decades: witnesses die, move away, or forget the details; prosecutors and detectives move on to other things; judges retire; evidence gets lost or goes bad; legislators and other powerful individuals don't want to seem "soft on crime" and/or risk alienating law enforcement... That IPF has helped so many in its relatively short lifetime so far, while surviving for the most part on bits and pieces of grants and donations, is really a tribute to the commitment and skill of the organization. They communicate very well through their blog and newsletters. They also have on staff a full-time professional social worker to assist exonerees in transitioning to the outside world; I believe this may make them unique among state Innocence Projects.
Great Job what The Innocence Project Of Florida does, many many people look down on prisoners, just because they are behind bars, without wondering...was their trial far? Did the sentence reflects Justice? People should be more aware about nonprofits like this one!!!
These people are sincere. Previous director Jenny gave me great advice for Sean Killian our wrongfully convicted youngest son, nearly 10 yrs ago. Now that we have exonerated him ourselves because Orlando was too closed minded to bother at that time, we wait for an opportunity to right the wrong done to him when FL stole his years. From 21 to 31 yrs old. letmybrothergo.com is a site with much of his story. All the eyewitnesses said Sean was not involved and not present. Did you know you can be convicted by heresay alone? When other suspects are ignored? When you don't speak Spanish and it was a Spanish phone call which convicted you? Consider yourself lucky you didn't go to trial in 2005 Orlando FL. Now we hope for correction of this horrid error committed by UCF campus police. I support Innocence Project because I am now aware of how easy it is to be innocent and yet incarcerated in Florida. - hugs to all who suffer - as Pete Seeger used to say "Keep on keeping on.." Fifi
As a criminal defense lawyer, I follow the work of the Innocence Project of Florida very closely. They work that they do is incredible. The thought of what it must be like for innocent person to rot away in the hellhole of a state prison is hard to comprehend. I thank the Innocence for the incredible work that it does every single day to right the wrongs of these terrible injustices.
I have worked with dozens of non-profits for more than 30 years - with IPF for more than 10 yrs. They are by far the hardest working, most professional organization I have ever worked with . And the biggest heart! They care deeply and endlessly for all of their clients and work tirelessly to complete their mission of freeing the wrongfully convicted. I am proud to know them and work with them.
My mother is the assistant director at the Innocence Project of Florida in Tallahassee. I can tell you first hand how hard this group works to help these poor wrongly accused inmates. If it weren't for amazing groups like this, many of these wrongly accused inmates would have no chance at the freedom they deserve. I have witnessed many exonerated inmates and it brings joy to my heart that they have been given another chance at life. The Innocence Project of Florida is an outstanding non-profit organization consisting of many selfless amazing people working steadily behind the scenes to bring justice to these people!
I have had no personal experience with the Innocence Project of Florida, however, from the things I have read, I have to say this is perhaps one of the greatest testaments to justice that America could have. What could compare with the efforts to clear a person's name of wrongdoing and bring about the freeing of a person wrongfully deprived of their livelihood and indeed life? It is a calling, not just a job. I applaud their work and commitment to remembering that although the wheels of justice grind slowly and sometimes out of sync, someone is paying attention to the grinding and making sure they turn for the eventually for justice to be served.
My experience with the Innocence Project of Florida is relatively small compared to some others who have reviewed though I know the innocence project is a worthy and important cause. IPF serves those in need. The goal to insure justice for all is a lofty one and IPF excels in every way possible.
The Innocence Project of Florida is staffed by wonderful employees and volunteers who all care deeply about those they are helping. This nonprofit works under some difficult conditions set by the nature of the work and considering this the number of people who have been exonerated from wrongful convictions is staggering. I hope that the Innocence Project of Florida can continue to perform this important work.
I have been a supporter of--and volunteer at--the Innocence Project of Florida organization for over two years, and my association with this wonderful non-profit has been one which has brought me a newer insight into the legal, social and political plight of society's most vulnerable and disenfranchised citizens.
I had always aspired to reach out to an organization whose primary goals and objectives were akin to my beliefs that there are multitudes of people in society whose circumstances and places in life may be in dire straits and who are in need of assistance far beyond their legal, political and/or social capabilities. The Innocence Project of Florida is such an organization. Their wealth of expertise, experience and professionalism, coupled with their sense of dedication, honesty and truth are all wonderful assets which help foster an atmosphere of humanity to the clients across Florida.
I am both honored and proud to be associated with such a fine organization, and I trust that their work in helping those less fortunate continues for years to come. I enjoy my association with this non-profit and wish to continue supporting them for many years. Their good work across the state of Florida speaks for volumes.
I became interested in Innocence Project of Florida while we lived in Tallahassee. We attended a couple of their functions, including one to celebrate the release of an innocent man who lost almost two decades of his life behind bars. It was a total eye-opening experience for my husband an myself.
I am so impressed with everyone I have met at Innocence Project. Their work is so terribly important and I am thankful there is now someone fighting for the injustices in our flawed penal system. Most of us rarely think about how many wrongful convictions there are in the U.S., until one of them hits the news or becomes a top story. The IPF helps these innocent people get released from prison and then to re-start their lives. What an incredible job they do!
I cannot think of an organization I hold in higher regard.
I served on the Board of the Innocence Project of Florida, Inc. ("IPF") for several years, during its earliest, formative stages. It has been incredibly inspiring to watch the organization grow and prosper. The staff, lawyers, social workers, administrators, student interns, volunteers and "exonorees" are among the most hard-working and courageous, and inspirational, people one could ever hope to encounter. IPF has now freed 13 genuinely innocent men from Florida's prisons, including the one who served the longest of anyone in the U.S. I was there to witness him walk out of the courthouse a free man, into his mother's arms in time for Christmas 2009: it was truly one of the most uplifting sights I have ever beheld. This is a truly phenomenal organization which deserves as much support as we can all give it.
The Innocence Project of Florida is an incredibly important organization that provides life-changing assistance to wrongfully convicted persons incarcerated in Florida prisons. This state leads the nation in the number of innocent people released from death row so the work of IPF is essential in order to prevent the execution of an innocent person; given the current political climate the recent Timely Justice Act, the work of the Innocence Project is of the utmost importance.
Not only does IPF provide legal assistance and fight the uphill battle to release innocent people from prison, but they provide much needed assistance to exonerees after release. Our criminal justice system provides more reentry assistance to parolees than to innocent people, so the help of the IPF is vital. I believe that many of the wrongfully convicted men in Florida would not be nearly as successful after release without this help from IPF. This is possibly one of the most important non-profit organizations in the state of Florida.
I have personally found the people at IPF to be exceptionally generous with their time and extremely helpful. I teach college courses on wrongful convictions and have had at least one student intern with IPF. I have also had the opportunity meet several of the men that IPF has helped release. I hope to continue educating my students to the problems with the criminal justice system and encourage them to get involved with IPF and help right the wrongs of the criminal justice system. I only wish that I could do more to help IPF!
I have been aware of The Innocence Project for some time, but only in the last several years have I learned more about it.
One of my old and dear college friends is heavily involved and since becoming aware of that, I've evolved into a real fan of the organization. Another dear friend was the department chair in the school of criminology at a major university and his involvement in The Innocence Project has strengthened my resolve.
There are few scourges more egregious than the incarceration of innocent people. The very idea of executing someone is anathema to me on a personal basis. It is my opinion that The Innocence Project is essential to our society. It delivers a check and balance to an intermittently corrupt prosecutorial system.
I view the work of The Innocence Project as one of the greatest services to the country and I fully support their efforts.
I absolutely loved my time working at the Innocence Project of Florida. The staff members were incredibly warm and open to me, and helped me to learn about their work and all of the nuance behind innocence work. I worked as a development and outreach intern, working with Jackie Pugh to advance knowledge of innocence issues through the IPF blog and to coordinate the planning of IPF's inaugural gala.
The work of IPF is incredibly important and cannot be understated. It is a tragic reality that our justice system does not deliver fairness and equal treatment to all people, and we therefore need organizations to fight against corruption, stereotypes and inequalities within the legal system.
Our system was established primarily to deliver unfettered freedom to all. The founders established a concept that 100 guilty parties should go free to avoid the conviction of 1 innocent. Times have changed. Without the tireless, brilliant workers in innocence projects, hundreds of men and women would still be imprisoned even though they are factually innocent. Great work, great mission statement. I wish I could do more to help.
The Innocence Project of FL is an amazing organization, driven by a passionate and caring staff. They are standing in the gap for those who have no one to speak for them. People who are innocent of a crime, yet spend upward of 25 years in prison! I cannot imagine a more important mission.
The Innocence Project of Florida is a model and innovator. They know how to stretch a dollar to maximize its impact. The professionals work tirelessly to ensure that the innocent receive justice. It is unfortunate that our society needs the IPF, but we are all lucky to have them. They have a proven track record of success and are leaders in the field of innocence nationally.
I don't think anything creates greater pain or a more powerful emotion than being betrayed. The people exonerated by the Innocence Project of Florida have all been betrayed by a system they trusted and counted on to protect them. They, along with their families, friends, and loved ones, suffered unimaginable heartache and shame that was not theirs to bear. Years and years of their lives were stolen from them--many lost the chance to go to college, marry, have children, or comfort sick and dying parents or siblings. Some were brutally abused while in prison. Truly, for them life was not fair. Yet they did not let their fate crush them. Each of them reached out to the Innocence Project of Florida .
It is the sole purpose of the Innocence Project of Florida to right these wrongs, and they alone have taken on this difficult and noble task. We all desire to be treated fairly and with respect. We all long for justice, for only the guilty to be punished and if possible, for the victims to be made whole. But what can anyone do as an individual to achieve this goal? Not much.
I hate feeling that I am powerless to affect my own circumstances, and that is why I get so much joy from giving the Innocence Project of Florida my financial support. This is the most effective thing I can do to address the injustice of wrongful convictions in Florida--except to urge others to do the same. The Innocence Project of Florida is not part of the government--it is a small non-profit with an enormous impact on individual lives and our entire society. And it is entirely dependent upon folks like you and me.
One of my dearest friends works with The Innocence Project and has told me time and again, "This is the most meaningful work of my life." What could be more important than proving the innocence of a wrongfully convicted prisoner? Our criminal justice system is one of the best in the world, but it is not perfect. And the IP has been instrumental in gaining freedom for those whom the justice system failed. But their work is not finished. There are countless lives still awaiting their chance to prove their innocence. I hope through this program that the Innocence Project will get the recognition and support it needs to continue its unique mission.
I have had the opportunity to intern with the Innocence Project of Florida, and it was truly and honestly experience that has altered the direction of my life forever. The staff is dedicated to their mission statement and work hard to uphold the true meaning of justice. Not only do they free innocent people, they also help exonerees to transition back into society. I also had the opportunity to meet an exoneree, and it was a complete pleasure. Seeing him fortified my beliefs that IPF is a God sent organization. The work they do not only affects the lives of exonerees but the friends and family of exonerees as well. I wish only more success and blessings for IPF.
This organization is one which exonerates men and women who are wrongfully incarcerated. Many of their exonerees have spent 20 or 30 years or more behind bars for a crime they never committed. It is very important that the public know that our justice system makes horrendous mistakes and that The Innocence Project of Florida attempts to right the wrongs done to innocent individuals who have been accused, arrested and imprisoned. We are volunteers and donors with this fine organization. We have been honored to meet several exonerees. They have a great website and they would be grateful for any donation you are able to give. Harriet and Stan Hendel
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