motion to dismiss

I have another legal need. Thank you for the last one. Can you write a motion to dismiss a case base on the destruction of key evidence by the key witness? This is not new evidence, but evidence my public defender never showed at trial. My conviction is still with in the 2 years period.

I need a little advice if you can. Not sure if I can submit a motion to vacate or a motion for new trial according to 3.850. I have a sworn deposition from the key witness (A Cop) who admits to deleting the key evidence. The evidence is a g-mail account and is the only way to authenticate an e-mail thread between us. I am located in Florida….can you help?

I need to know if you have written a 3.850 motion before. If so, what info will you need from me. Do you need all the reasons and exsibits of why I should get a new trial. Do you need to know what my defence team not do and all the evidence they did not share? This is very important to me and need to get it right the first time.

Do we need to show our hand in the motion for a new trial? Meaning I will claim several reasons why my attorney was inaffective. Do I need to show the proof or can I just name things they did not do? They did not show the cop deleted key evidence in the case. He admits to this in his deposition, but never brought up in trial.

I currently have a motion pending (you have a copy) to vacate the judgement for withholding evidence and illegal search by the cops. I am in hopes to win that decision and hope the judge will rule soon. It was filed in July of last year. (Please read it as it may help you in my needs.) In case I loose I want to file a 3.850 for inaffective council and ask to vacate or do I ask for new trial. My reason is my attorney did not show the police misconduct to the jury. The police deleted key evidence (admitted in deposition) and was off duty (as shown on time card) My attorney also never told the jury about the text and chat not being authenticated by a 3rd party. There was no way the text and chat could be authenticated and the key witness (cop) deleted the entire G-Mail account and lost his cell phone used in the texting.

I would like your thoughts after reading my prior motion I sent you. Most of the miscondut is listed in the Cops deposition… he admitts all of his wrong doing.

Adding another motion won’t affect the judge on the prior motion? As you would agree I want the motion to vacate to happen over the right to a new trial. I don’t want the judge to think she can deny the first motion and approve the motion you will write……sorry for all the back and forth. I want to use you but need to understand if I am doing everything I should…and remember to ask for assistance of council.

I have put over 20 different facts the defense did not point out to the jury. Do I need to include an exhibit (proof) on each fact for this motion like the page and line number from a deposition?

I want you to look at my attachment of what I have put together. Tell me if you can work with this to write my motion. Do we need exihibts on each statement? I had a public defender that worked for 2 years on this case and discovers a lot of police miscondunt as you can see from my attachment. I thought we had a slam dunk for Gross Police Misconduct. At the last minute my attorney changed his strategy and went for intrapment. We lost….my attorney had this mound of dirty cop evidence and the jury heard nothing about it. I need a new trial with a new appointed attorney.

The court and case are the same from the last motion you did for me. My address has changed to:

Will you need exhibits for each of the statements I have made or have you got what you need?

Detective Kelly Vought, Jacksonville Sheriff’s Office (JSO)

The ICAC = Internet Crimes Against Children

VCSO = Volusia County Sheriff’s Office

JSO= Jacksonville Sherriff’s Office

USCG= United States Coast Guard

Detective Kelly Vought, JSO, was the key witness and chatter in this case.

Detective Lily Efird, VCSO, was the Team Leader for the 6 Chatters in this case.

Detective Joe Riley, VCSO, was the head forensic expert.

Det. Vought deliberately deleted key forensic email evidence from the ICAC Gmail account, per deposition.

Det. Vought deliberately deleted the entire ICAC Gmail account as per deposition.

Det. Vought was not in the Sting House when setting up the Gmail account and Craigs List ad. The IP address he used was in Jacksonville. He did not use the secure ICAC servers as required for all communication during the operation.

Det. Vought disobeyed the judge’s order to not use or turn on the ICAC laptop before turning it over to the defense for inspection. (Rick Green)

Det. Vought deleted over 100 ICAC case files including one with the name Brooks Mitchell and date of 3/13/2015 from the ICAC laptop just before he turned it over to defense. (Rick Green)

Det. Vought deleted the internet history from the ICAC laptop after being told not to by the judge. (Rick Green)

Det. Vought removed all the passwords from his police laptop after being told not to by the judge. (Rick Green)

Det. Vought was unable to provide his ICAC cell phone and text after the judge ordered it to be turned over to the defense. (Rick Green)

Det. Vought lied under oath about his on-duty status at 11:15PM on 03/12/2015 during text/chat, per deposition and timecard.

Det. Vought did not attend ICAC training on 3/9/2015 as stated in his deposition., per deposition.

Det. Vought did not receive or read the mandatory ICAC Operation of Standards Manual as per deposition. In fact, he had not even seen it until 3 years later at his deposition in this manner. 

Det. Vought did not remember who emailed him to work this operation, per deposition

Det. Vought did not know who his ICAC TEAM LEADER was, per deposition

Det. Vought’s TEAM LEADER, Lily Efird did not know Det. Kelly Vought, per Efird deposition

Det. Lily Efird was not trained or part of the ICAC Task Force but was appointed as the TEAM LEADER

Det. Vought did not know who his ICAC supervisor was, per deposition. 

Det. Vought did not submit a written police report or author any reports in this case, as per deposition

Det. Vought turned over highly sensitive and confidential information and this entire case file to the USCG without ICAC or JSO permission, per deposition.

Det. Vought was not listed to work on any personnel assignments for the Sting Operation, per signed Order of Operation.

Det. Vought did not provide the entire chat/text to the ICAC supervisor as required by Operation Standards, per deposition & Standards.

The Chain of Custody was broken by Det. Joe Riley. Det. Riley was never listed on the COC form.  (COC form & Riley Depo Page 8 lines 22-25 & page 9 lines 1-25)

There is No “Affiliate Agreement” for this operation between VCSO and JSO including any agreement for Det. Kelly Vought to work the week of 3/9/2015- 3/16/2015, See FOIA request

It was never mentioned by the defense to the jury about the discrepancy between the emails entered from the State and the emails from the Craigs List Server that was deposed by the defense. The emails admitted from the State were called a fraud by the defense’s forensic expert Rick Green under sworn testimony. There is no way to authenticate the text since the ICAC cell phone has gone missing and there is no way to authenticate the email threads since Det. Vought deleted the emails and entire Gmail account. By his own words. “That account is — it’s no longer in existence.”

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