Every time I go over my son’s case, I get sick. I get angry at myself for choosing such inept, unscrupulous, unethical attorneys. They promised the world and did not even take the time to investigate the case. I should have had someone assist me in picking an attorney. I should not have relied on the online sites.
This is the from the officer on the scene on 4/16/2011. This is his narrative. This is in his own words. This is the original incident report. Information from this report was not included in the arrest report.
Incident Report – 4/16/2011
METHOD OF OPERATION: 1 black unknown suspect (Suspect #1) committed Attempted Robbery with a firearm and mask, by intimidating XXXXX (Victim #1) to give him her money by pointing a firearm at her.
NUMBER, RACE, AND SEX OF PERPETRATORS: 1 black male. WEAPON(S): Black semi-automatic pistol.
DISGUISE(S): Blue and white bandana to cover face.
SUSPECT VEHICLE: None.
SCENE PROCESSED: Yes,.
EVIDENCE OBTAINED: No.
VIDEO TAPE/TRAP CAMERA: No.
On April 16, 2011 at 2352 hours, I responded to XXXX Summer Wind Drive, Orlando, Florida (XXXXXXXX Apartments), in reference to an Attempted Robbery with a firearm. Upon arrival I met with the victim, the victim, who advised the following information.
On April 16, 2011 at approximately 2350 hours, Ms. XXXXX was in the parking lot of the above stated address waiting for her friend to come down, at which time an unknown black male approached her and pointed a black semi-automatic handgun as he demanded all her money. Ms. XXXXX told the suspect she did not have any money as she opened her purse showing the suspect that her purse was empty. The unknown suspect immediately left the scene on foot in an unknown direction. Ms. XXXXX immediately called the Orange County Sheriffs Office.
Ms. XXXXX described the unknown suspect as an average built black male, approximately 511″, wearing a dark colored hooded sweatshirt and blue jeans and a blue and white bandana covering his face leaving ONLY HIS EYES EXPOSED.
Ms. XXXXX stated she would not be able to identify the suspect if she was to see him again. Ms. XXXXX stated she did not give the suspect permission to point a gun at her in the attempts to take her property, she further stated she wanted to prosecute and testify in court.
K9 handler D/S XXXXX arrived on scene and conducted his investigation. The K9 track ended at XXXXXXX Road and North Semoran Boulevard.
I obtained a sworn written statement from Ms. XXXXX detailing the incident. I gave Ms. XXXXX a business card.
The following is the direct examination at trial of that same officer on scene. Please notice that our attorney did not object to anything. In my opinion, he should have objected to the question from the prosecutor Q Did she appear to be — to you to be in fear and scared? Q Can you describe to the jury her emotional state when you came to the scene? He is not a psychologist. How can he know if someone is emotional. He already said that he doesn’t remember her crying. Our attorney should have also objected to the officer showing his gun. It was not the gun used in the crime. In fact, they only had a picture of the gun.
Lastly, our attorney did not cross-examine the officer. He did not read the original incident report. He relied on what the prosecutor told him. As you can see from above, the officer said that – Ms. XXXXX stated she would not be able to identify the suspect if she was to see him again. Also she said that a blue and white bandana covering his face leaving ONLY HIS EYES EXPOSED. Approximately 5’11’. The officer’s report doesn’t even talk about his showing her his gun. Our attorney should have been all over this but he chose not to cross-examined. He chose not to cross-examine.
PROSECUTOR’S DIRECT EXAMINATION OF THE OFFICER WHO 1ST RESPONDED TO THE SCENE
REMEMBER THIS IS THE SAME OFFICDER THAT WROTE THE ABOVE INCIDENT REPORT
Q Good morning. Would you please state your name for
A Deputy #####.
Q How long have you been with the sheriff’s office?
A five years.
Q Were you working on April l6th of 2011?
A Yes, I was.
Q Did you have the opportunity at approximately 11:47
p.m. on April 16th of 2011,to respond, to ### Summer Wind
A Yes, I did.
2 Q Okay. And you responded to an armed robbery?
3 A Correct.
4 Q And you met with Ms. ### when you responded?
5 A Yes.
6 Q Can you describe to the jury her emotional state
7 when you came to the scene?
8 A She was emotional. I don’t remember if she was
9 crying or not, but just seemed as a person that had just gone
10 passed something emotional, something dramatic, and was kind
11 of processing still everything that was going on.
12 Q Did she appear to be — to you to be in fear and
14 A Yes.
15 Q Okay. When — you were taking a statement from her
16 and you got the description of the person who robbed her,
18 A Uh-huh. Yes. I’m sorry.
19 Q And the description that she gave you was black
20 male, young, between 5’7 and 5’11, average built, et cetera? (This is leading. The report said 5’11”)
21 A Correct.
22 Q Did she also tell you what firearm or what type of
23 firearm this person had?
24 A Correct. She was trying to describe it. Normally, (He said correct which means yes she told him what kind. Then he said that she tried to describe it. His report doesn’t even reflect that.)
25 what I do when they’re not able to describe because,
Official Court Reporters
1 obviously, not everybody knows about handguns, I show her
2 mine and to see if it’s similar. And she said, yes, it was
3 like my handgun.
4 Q Do you have your handgun on you today?
5 A Yes, I do.
6 PROSECUTOR: Your Honor, may he please remove it
7 and show the jury what it looks like? (No objection from our attorney)(why) It’s not the weapon used.
8 THE COURT: You may. (Objection. We need an objection)
9 THE WITNESS: (Complying.)
11 Q Okay. Put it in front of you.
12 Is that handgun the same handgun you had back on
13 April 16, 2011?
14 A Yes.
15 Q What kind of handgun is that?
16 A It’s a Clock, .40 Clock.
17 Q What caliber is it?
18 A Forty.
19 Q Did you show that handgun to Ms. #### back in
20 April of 2011?
21 A Yes.
22 Q And when you showed it to her, what exactly did you
23 say to her?
24 A It — normally, I showed her that one, is it
25 similar to this one or would it have a revolver, because
Official Court Reporters
1 lot of times — and she said, no, exactly like this one.
2 Q So the jury — in case someone’s not familiar with
3 guns, a revolver is the —
4 A Correct, it has —
5 Q Cylinder?
6 A Yes.
7 Q Okay. And you showed her your actual firearm, the
9 A Yes.
10 Q And what did she say when she — when you showed
12 A It was like this one, yes.
13 Q Okay. And then you turned the case over to a
Q All right. No other questions.
COURT: Thank you.
OUR DEFENSE ATTORNEY: No cross, Your Honor. (HE DID NOT CROSS EXAMINE THE OFFICER. WHY? OH WHY?)
IT IS SO HARD TO CONTINUE AND RELIVE ALL OF THIS. WE LIVE IN A DEMOCRACY. THE POLICE, PROSECUTOR, ATTORNEY SHOULD NOT BE ALLOWED TO MANIPULATE EVIDENCE, THE VICTIM, REPORTS OR EVEN THE SUSPECT TO GET THE RESULTS THEY WANT. THEN THEY THEMSELVES ARE COMMITING A CRIME.