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Title: Florida Woman Faced 10 Years For ‘Meth’ That Was ‘Just a Rock’
Source: The Appeal
URL Source: https://theappeal.org/florida-woman ... for-meth-that-was-just-a-rock/
Published: Mar 26, 2019
Author: Meg O'Connor
Post Date: 2019-03-28 10:31:32 by Deckard
Keywords: None
Views: 827
Comments: 18

A scandal of falsified drug arrests is spreading at a Florida sheriff’s office that has also spent more than $1.33 million settling excessive force lawsuits and is at the center of the increasingly troubled Robert Kraft case.

Melissa Morales was riding her bicycle near the Flamingo Diner just off of U.S. Highway 1 in Stuart, Florida, when she was stopped by a Martin County sheriff’s deputy. It was 10 p.m. but still warm on an evening in late October 2018, and Deputy Steven O’Leary told Morales he stopped her because her bike had no lights.

Morales apologized and promised to get lights, but O’Leary decided to search her purse regardless. Inside, he found what he described as a “white, rocklike substance.” He then ran a field test that he said yielded a positive result for methamphetamine. The 37-year-old Floridian told O’Leary that what he claimed was meth was “just a rock.”

Despite Morales’ protestations and the fact that field tests are notoriously unreliable, O’Leary arrested Morales and took her to jail. O’Leary said that when he searched Morales at the facility, he “observed a white substance fall out of Melissa’s pant leg and onto the ground … the same substance I had located in Melissa’s purse.” O’Leary said this second substance also tested positive for methamphetamine, and he charged her with possession of the drug and introducing contraband into a correctional facility.

Because Morales couldn’t afford to pay her $10,000 bond, she was jailed 49 days in Martin County. She also faced a 10-year prison sentence. On Dec. 11, Morales entered a guilty plea in her case. She was sentenced to six months in jail, ordered to pay hundreds of dollars in fines, and had her driver’s license revoked.

But on Jan. 16, Morales was freed. The judge vacated her sentence after Morales’s public defender filed a motion stating he had been informed of “newly discovered issues surrounding the arresting officer in this case.”

“The substance alleged to be methamphetamine is, in fact, not a controlled substance,” wrote Shane Manship of the 19th Circuit Public Defender’s Office.

A history of excessive force

Morales is now one of 11 people freed from jail following revelations that O’Leary falsified narcotics arrests. Substances that O’Leary claimed were narcotics turned out to be sand, laundry detergent, and headache medicine. Martin County Sheriff William Snyder said the State Attorney’s Office notified the agency Jan. 9 about O’Leary’s questionable arrests. Since then, the Martin County Sheriff has been reviewing 80 other arrests made by O’Leary during his 11 months with the agency. Snyder fired O’Leary on Jan. 15, but no criminal charges have been brought against the officer.

The Sheriff’s Office did not respond to emails seeking comment.

O’Leary’s bogus narcotics arrests aren’t the only instances of misconduct in the Martin County Sheriff’s Office, the same agency that spearheaded the Orchids of Asia Day Spa bust yielding an arrest of New England Patriots owner Robert Kraft on solicitation of prostitution charges.

Since 2000, the Martin County sheriff has spent more than $1.33 million settling lawsuits brought by people who say officers used excessive force, falsified reports, or made wrongful arrests.

Story continues HERE

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Begin Trace Mode for Comment # 18.

#2. To: Deckard, MisterWhite, Nolu Chan (#0)

MW, this is where you get to step up and applaud the actions of this criminal fraudster.

Nolu, here's another case of someone voluntarily pleading guilty in spite of -- as determined by a sitting judge in the case -- the person was, stating it objectively, likely completely innocent of the crime accused given there was no credible evidence to sustain a conviction.

But she pled guilty anyway.

Pinguinite  posted on  2019-03-28   16:54:30 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Pinguinite (#2)

Nolu, here's another case of someone voluntarily pleading guilty in spite of -- as determined by a sitting judge in the case -- the person was, stating it objectively, likely completely innocent of the crime accused given there was no credible evidence to sustain a conviction.

You misstate the matter. The cop's misbehavior in other cases established that the evidence offered in this case was not reliable, and a conviction could not stand.

No finding of complete innocence was found. The absence of reliable evidence does not establish innocence, it establishes insufficient evidence to prove the charges.

The potential sentence is attributable to the charge of "Drug Possession or Sale."

Everyone charged with a crime refusing a plea deal and pleading "not guilty" would address your concerns. A different concern for those not making bail would be that the criminal docket would morph to appear like the immigration mess at the Mexican border.

https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=5532

Most Serious Crime: Drug Possession or Sale

nolu chan  posted on  2019-05-23   17:14:48 ET  Reply   Untrace   Trace   Private Reply  


#12. To: nolu chan (#6)

The absence of reliable evidence does not establish innocence, it establishes insufficient evidence to prove the charges.

And if it establishes insufficient evidence to make a case against this woman, then not only should she not have been charged but the so called allegations or assertions become moot. Had I represented this woman, I would have contended that due to insufficient evidence against my client, I motion this case be thrown out for lack of evidence in the form of a Demurrer or Motion to Dismiss.

goldilucky  posted on  2019-05-25   23:26:22 ET  Reply   Untrace   Trace   Private Reply  


#13. To: goldilucky (#12)

And if it establishes insufficient evidence to make a case against this woman, then not only should she not have been charged but the so called allegations or assertions become moot.

The misconduct of the cop in an unrelated case was discovered after Melissa Morales had pleaded guilty and was in jail. The evidence in the Morales case and others involving Deputy Steven O'Leary were lab tested and the lab tests showed, in multiple instances, that the presumptive field tests reported by O'Leary as positive for drugs, were proven to be negative for drugs.

https://theappeal.org/florida-woman-faced-10-years-for-meth-that-was-just-a-rock/

The judge vacated her sentence after Morales’s public defender filed a motion stating he had been informed of “newly discovered issues surrounding the arresting officer in this case.”

Had I represented this woman, I would have contended that due to insufficient evidence against my client, I motion this case be thrown out for lack of evidence in the form of a Demurrer or Motion to Dismiss.

A demurrer was available when Morales pleaded guilty. A demurrer is a pre-trial motion filed with the response to the complaint, or shortly thereafter.

The cause to claim insufficient evidence did not exist until Morales had already pleaded guilty and went to jail.

As a matter of law, a demurrer to evidence argues that the evidence is insufficient whether true or not.

Demurrer to evidence. This proceeding is analogous to a demurrer to a pleading. It is an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary produced is insuf­ficient in point of law (whether true or not) to make out his case or sustain the issue. The practice has been largely superseded by motions for nonsuit and directed verdict. Thus, a motion to nonsuit, a motion to dismiss at close of plaintiffs evidence for failure to prove essen­tial facts, and a defendant’s motion for a directed ver­dict, made at close of the evidence, have been held to be equivalent to a "demurrer to the evidence” for insuffi­ciency to sustain a verdict for plaintiff. A motion to exclude evidence has the effect of a demurrer to the evidence, the chief points of difference being the stage of the proceeding at which each is available and the conse­quences resulting from deferring the motion to exclude. Thornhill v. Thornhill, 172 Va. 553, 2 S.E.2d 318, 319.

Black's Law Dictionary, 6th Ed.

nolu chan  posted on  2019-05-26   16:46:05 ET  Reply   Untrace   Trace   Private Reply  


#16. To: nolu chan (#13)

The cause to claim insufficient evidence did not exist until Morales had already pleaded guilty and went to jail.

How is it possible for Morales to plead guilty to a case lacking in evidence? Like I said, were she my client, I would have advised her to enter a plea of not guilty. Let the opposing party do their job to prove their case against her. It is not Morales job to prove she is innocent. That is why she would plead not guilty. It is possible that somebody intimidated her or threatened her with blackmail unless she entered her plea to guilty. There are games being played with unsuspecting parties like this. That is why that attorney is supposed to be looking out for their client.

In some states Demurrers are not acceptable (such as in California courts). In such cases like Morales, the job of the attorney is not so much to argue the facts of the case but to argue the law and in Morales case it would be for lack of evidence. The applicable law would be referenced to the courts local rules as well as codes of civil procedure and criminal procedure in the matter of dismissing the case. Of course, it would not stop the matter from going to the appeals stage based on a procedural technicality.

goldilucky  posted on  2019-05-26   23:46:25 ET  Reply   Untrace   Trace   Private Reply  


#17. To: goldilucky (#16)

How is it possible for Morales to plead guilty to a case lacking in evidence?

Because the opportunity to plea often comes before formal lab testing is done on the evidence. Labs are usually so backlogged in testing for drugs that they like to proceed with the court formalities before the state even has evidence.

On your suggestion that a defendant pleads not guilty, it can mean they remain in jail until the trial, which in of itself is a hardship, often extreme in the case of parent of a young child. So yes, pleading not guilty is, in theory, the thing to do, but in practice, quite often not even close to being in the best interest of the accused, even when they are innocent.

But don't worry. There never any coersion involved with plea offers because the USSC decreed it so.

Pinguinite  posted on  2019-05-27   2:28:27 ET  Reply   Untrace   Trace   Private Reply  


#18. To: Pinguinite (#17)

Depending on the case itself on how serious it is, the judge could do one or two things, 1) Issue an ROR -release on their own recognizance, or (2) the defendant awaits their time in jail waiting for a trial to happen. This can be often lengthy due to court dockets. It is also an inconvenience, depending on the case, to have Morales sit in jail, while they could be released and await till their trial begins. The judge could issue a warning to Morales to complete a community service or drug assessment program which would permit the courts to expunge this off their record. If the defendant was a juvenile, in most cases it would be expunged off their record as they are minors.

http://www.apa.org/monitor/2012/04/jn

goldilucky  posted on  2019-05-27   14:31:43 ET  Reply   Untrace   Trace   Private Reply  


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