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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: 821
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 # 7.

#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  


#7. To: nolu chan (#6)

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

Correct me if I'm wrong, but proving innocence is rarely, if ever, the task of the defense in criminal court, and for good reason: Proving innocence essentially requires proving a negative which is normally an impossible task.

It is why the standard in criminal court is "Innocent until proven guilty" and not the reverse.

I infer from your response thaht you refuse to concede that anyone is ever coerced or motivated by legal circumstance to opt to plead guilty to a charge of which they honestly believe they are completely innocent. That is either incredibly naive or willful disbelief. Such coersion is a real factor and a strong defect in the current judicial system.

Pinguinite  posted on  2019-05-23   18:25:07 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 7.

#8. To: Pinguinite (#7)

[Pinguinite #7] Correct me if I'm wrong, but proving innocence is rarely, if ever, the task of the defense in criminal court, and for good reason: Proving innocence essentially requires proving a negative which is normally an impossible task.

You are not wrong here, but you were wrong in your claim at #2:

[Pinguinite #2] 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

No sitting judge is reported to have made such a claim of complete innocence.

[Pinguinite #7] I infer from your response thaht you refuse to concede that anyone is ever coerced or motivated by legal circumstance to opt to plead guilty to a charge of which they honestly believe they are completely innocent.

You infer incorrectly. It is an everyday occurrence for a defendant to plead guilty to a charge of which they honestly believe they are completely innocent. Some have pleaded guilty of murder while maintaining their innocence.

Maintaining innocence while pleading guilty to murder, out of fear of the death penalty, "represents a voluntary and intelligent choice among the alternatives available to a defendant, especially one represented by competent counsel" and "is not compelled within the meaning of the Fifth Amendment." The motive of the defendant in pleading guilty does not infer his choice is less than intelligent and voluntary.

It is not compelled in a legal sense, and that is what matters in court.

https://en.wikipedia.org/wiki/Alford_plea

An Alford plea (also called a Kennedy plea in West Virginia, an Alford guilty plea and the Alford doctrine), in United States law, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence. In entering an Alford plea, the defendant admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt.

https://upload.wikimedia.org/wikipedia/commons/e/e8/North_Carolina_v._Alford.pdf

North Carolina v. Alford, U.S. Supreme Court, 400 U.S. 25 (1970)

NORTH CAROLINA v. ALFORD

APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14.
Argued November 17, 1969
Reargued October 14, 1970­
Decided November 23, 1970

Appellee was indicted for the capital crime of first-degree murder. At that time North Carolina law provided for the penalty of life imprisonment when a plea of guilty was accepted to a first-degree murder charge; for the death penalty following a jury verdict of guilty, unless the jury recommended life imprisonment; and for a penalty of from two to 30 years' imprisonment for second­ degree murder. Appellee's attorney, in the face of strong ev idence of guilt, recommended a guilty plea, but left the decision to appellee. The prosecutor agreed to accept a plea of guilty to second-degree murder. The trial court heard damaging evidence from certain witnesses before accepting a plea. Appellee pleaded guilty, although disclaiming guilt, because of the threat of the death penalty, and was sentenced to 30 years' imprisonment. The Court of Appeals, on an appeal from a denial of a writ of habeas corpus, found that appellee's guilty plea was involuntary because it was motivated principally by fear of the death penalty.

Held: The trial judge did not commit constitutional error in accepting appellee's guilty plea. Pp. 31-39. (a) A guilty plea that represents a voluntary and intelligent choice among the alternatives available to a defendant, especially one represented by competent counsel, is not compelled within the meaning of the Fifth Amendment because it was entered to avoid the possibility of the death penalty. Brady v. United States, 397 U.S. 742, P.31.

nolu chan  posted on  2019-05-23 20:08:26 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 7.

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