IN THE
CIRCUIT COURT OF THE 14th
JUDICIAL CIRCUIT IN AND FOR
JACKSON
COUNTY, FLORIDA
CASE NO:
15-276CF
State of Florida
v.
Theodore L Whidden
Defendant.
_______________________________/
CALL FOR BRADY DISCLOSURE
BRADY v MARYLAND
FRAUD- CONCEALMENTT
14th AMENDMENT VIOLATIONS
CONTENT OF FILE
The following is being filed “Pro Se” by the Undersigned to this Court in
regards to the ongoing BAD FAITH, Abuse of Process, Prosecutorial
Misconduct, and Harassment administered and overseen daily and routinely by
this Court and its Officers. The abuse is extreme and routine in this
Court, this circuit, and this office. Judge Shonna Young Gay is either
deeply involved in a host of Schemes or is extremely ignorant to what is
taking place all around her. Corruption at its core has followed every
facet of this BAD FAITH case without probable cause. This pervades the
SPEEDY TRIAL aspects and violations of the Defendant’s rights as well.
I have request copies of my files multiple times, multiple ways, from
multiple people as it regards the above referenced case. Based on a “Rules
of Advocacy” approach I requested via the Courts and via Ethics Filings on
BOTH the States Attorney (Glenn L. Hess) and the Public Defender (Herman
Laramore). The reason I have filed “Ethics Complaints” with the Florida Bar
is in part due to the criminally corrupt nature of all dealings so far on
this case. I have found that Florida Bar filings are the only way to get
anyone to perform properly. Note specifically each filing with the Bar has
produced nearly predictable responses and in most cases suitable response
for the interim. The problem with the absolute requirement for filing ACAP
Florida Bar complaints is it demonstrates the absolute irrefutable use of
unlawful force, harassment, prosecutorial misconduct and abuses as advocated
and implemented by both Laramore (Herman) and Hess (Glenn L.) and their
personnel. It is a RICO Act/Statute violation by way of routine, pattern,
and procedure. They have by design created and operated a criminally
operating Scheme tantamount to racketeering. If anyone, anywhere in their
territories did business this way these turds would be on top of them. They
must recognize their behavior, their legacy and their people as criminal
operatives. I outline this because we will continue and teat down these
criminal strongholds because the citizens deserve better, and it is
imperative to keep American great.
Irrespective of any future change in the disposition of this file, the
Defendant makes this a standing request. Nothing whatsoever including
dropping or dismissal of case can absolve the attorneys holding these files,
their offices, their agents or principals from fulfilling this request.
This discovery will clearly lead to U.S. Civil Rights and Federal filings,
so the concept of withholding (CONCEALING/FRAUD) in this matter is clearly
in the playbook of the crooked attorneys. They must comply and continue to
comply. Dismissal of the case is not reason or excuse to fail in the demand
made herein. The goal is clearly to disbar these attorneys and no effort
to stop or slow this effort will help them, rather it will encourage the
pursuit and serve to impune them and their principals further. Clearly the
Jackson County Court Officers and the 14th Judicial Circuit is
housing known criminals. Failure to provide documents timely is a violation
of the State who will likely pay the penalty while these attorneys are in
jail.
One legal precedent I would like to present is that of Brady v Maryland.
This case addresses violation of the 14th Amendment by
withholding evidence and information from a Defendant. Both Hess and
Laramore and their operatives are committing similar violation presently in
my case as is likely all other cases. The criminals have apparently been
acting outside of law in all forms of file demands requests. Where clearly
outside the Rules of Advocacy it is also a violation of the fundamental
rights provided to all Americans via the Constitution.
With this filing I am calling for a full and ongoing BRADY DISCLOSURE. I
should not have to make this claim, nor discovery. It is not a requirement
of law that I explain each and every demand according to law. It is in
actuality FRAUD by way of CONCEALMENT and violation of the 14th
Amendment and my rights to fail to provide copies when requested.
Per the
Brady v. Maryland
decision, prosecutors have a duty to disclose exculpatory evidence even if
not requested to do so. While the prosecution is not required to search for
exculpatory evidence and must disclose only the evidence in its possession,
custody, or control, the prosecution's duty is to disclose all information
known to any member of its team, e.g., police, investigators, crime labs, et
cetera. In Brady v. Maryland, the
U.S. Supreme Court held that such
a requirement follows from constitutional
due process and is consistent
with the prosecutor's duty to seek justice.[3]
Further to this request, a BRADY DISCLOSURE carries with it a requirement
to provide all information provided to the prosecution by the Defendant, in
an ONGOING manner.
Interpretation of the BRADY DISCLOSURE is often the only means at which a
DEFENDANT has to confirm the prosecution received information as provided to
the prosecution by the defense.
The Undersigned’s attempt provide information and evidence to the States
Attorney file as evidenced in the photos attached was the early attempt by
the Undersigned to gain confidence in the file and file maintenance by the
prosecution at a time when it was reasonably known that prosecution was in
criminal collusion with the Public Defender H. Guy Green. At that time the
criminally operating States Attorney Laura Wahlquist advised she would be
vetting information and either accepting or rejecting information to be used
as evidence in the case/file.
The attachment demonstrates using photography and the sign in log at the
States Attorney office that the Undersigned requested copy of files verbally
and in writing, in person at the States Attorney office on 11/6/2015. This
was predicated on the collusion and failures of H. Guy Green Public
Defender. Green eventually must be dealt with by this criminal court, but
his failure required this move to be made prior to the HOAX Trial dates of
11/15/2015 and 11/30/2015 which never happened. The JUDGE (Judge Shonna
Young Gay) will likely recall immediately after this the States Attorney
presumably filed a “Continuance” based on new information they have as yet
failed to review or implement it would seem.
It is easy to see Laura Wahlquist has failed in her 14th
Amendment duties to stop pursuit of a BAD FAITH or unsupportable claim.
(Note I quote Federal Statute because that is where we are heading. The
State has already shit its own bed as far and jurisdiction and authority.)
Clearly Attorney Laura Wahlquist is in violation of her OATH OF OFFICE in
failing to allow inspection, copies and presentation of evidence to file by
a defendant. By way of copy to a new ethics filing on Wahlquist and Hess we
hope to see this educational issue changed within their criminal
organization.
As we move along it is clear the Court in which this has been launched is
likely out of its authority, element, and jurisdiction. This likely became
a Federal matter as soon as the State legal representatives began partying
to affect the life and livelihood of a citizen. This is clearly a violation
of Civil Rights via the U.S. Code title 42 section 1983 at a minimum. By
using their office and opportunity to bring about unlawful hindrances of
personal rights this escalated out of their own jurisdiction and authority
at or immediately after the filing of the initial unsubstantiated, frivolous
complaint. Clearly the Court must now invite Federal oversight to this case
and turn the records and officers over for Federal prosecution.
I reserve the right to amend any and all filings as well as bringing
additional filings as deemed necessary. In the meantime this
harassment/abuse is costing me substantial hardship financially, physically,
and otherwise.
Notification of the Agent signifies notification of the Principal.
Notification of the Principal signifies notification of the Agent.
RICO Act Racketeering is becoming easier to demonstrate at
each round. Maybe someone wants to read what has been filed with the Court
and/or sent to them?
CERTIFICATE OF SERVICE
I HEREBY CERTIFY this as a true
copy of the foregoing to be delivered to the States Attorney office and
State Legal Representation via their accomplice to their crimes, Larry Birge
at the Jackson County Sheriff’s Office. Attention:
Ana Maria Garcia, Florida Bar #577162;
Laura Wahlquist, Florida Bar #87776
Attention Glenn Hess, States Attorney
Florida Bar # 287806
Herman Laramore, Public Defender Bar
#131906
Pam Bondi, Attorney General, Florida
Bar # 886440
Elijah Smiley, Chief Justice 14th
Judicial, Florida Bar # 508918
FBI, Regional Office
Publicly made available.
Jackson County
Board of County Commissioners
2864 Madison Street
Marianna, Florida
32448
Telephone: (850)
482- 9633
Fax: (850) 482-
9643
E-mail:
support@jacksoncountyfl.com
THEODORE WHIDDEN
The Victim of the Crimes/Conspiracy
THEODORE WHIDDEN, The Victim
of the Crimes/Conspiracy, DEFENDANT in lawful presentation of Jackson County
Case No. 15-276CF;
P.O.Box 158, Chipley, Florida
32428
Phone: 850-685-2353 Email:
TedWhidden@gmail.com
By:___________________________________________
THEODORE L. (Ted) WHIDDEN
An Abused Member of the
Public
2/16/2016
Laura Wahlquist/Ana Maria Garcia
c/o Lt Larry Birge, Jackson County Sheriff Department
4012 Lafayette Street
Marianna, Florida
From:
Theodore L. Whidden
P.O.Box 158
Chipley, Florida 32428
Reference:
State of Florida vs Theodore L Whidden 15-276CF
12/16/2015
To the State’s Attorney Office 14th
District,
I visited your office (on or about October 26, 2015?)
requesting copy of your file (verbally and in writing) against me in The
State of Florida vs Theodore L Whidden. (Your logs should reflect same, and
should be copied to this file as well as the Ana Garcia emails thereabouts)I
also reached out (via email) to Ana Maria Garcia to come together to resolve
this. At the time you were steeped in collusion with counsel appointed by
the Public Defender’s office who was not performing. Your entanglement
increases due to your “business as usual” practices. Unfortunately your
“Business as usual” is corrupt.
As you know on December 15, 2015 your accomplice H. Guy
Green stepped aside as counsel. As counsel representing myself “Pro Se” I
would AGAIN like to request official copy of the State’s Attorney file with
supporting depositions and all manner of documents, notes, recordings, etc.
As they say “any and all” parts of your file and investigation or lack of
investigation as the case may be must be included.
As you will now see and as you should have seen at that
time you MUST provide complete copy of your file upon demand. You failed to
do this the first time and instead attempted a “Trespass Order” by one of
your other accomplices. The collusion efforts with inept counsel to block
my lawful defense incriminates both you and Green. Can you see this? This
will cause you problems as we move along.
As one can imagine at this point, any failure to
provide notes/documents/evidence copies in/from your file will result in
additional filings with the Bar and the Court. As Laura Wahlquist’s stated
agenda is to act as a gate-keeper for evidence in the file, then her job
will become increasingly convoluted trying to protect herself protecting an
extortionist plot. It appears your office has quickly fallen in to the
criminal conspiracy position. You are conflicted with your position. If
you have not consulted with Glenn Hess directly on this, then you should at
this time. A fresh perspective will likely demonstrate you are missing the
forest for the trees.
With this file request I am enclosing “StatesAttorney3”
folder of photos and recordings, and recopying “StateAttorney2” and
“StateAttorney” so please make sure these are duly included in the
evidence/files you send to me. As advised previously I am requesting copy
of file in part to make sure documents are being properly received, handled,
and stored. It is my right to audit your performance in this way and report
your criminal transgressions.
Also, as Karen Watson of the Jackson County Sheriff
Department is noted on the voice recorder speaking about firearm return (On
July 30, 2015) and as you and your colleagues are being accused of Grand
Theft in regards to those specific firearms in this specific case, then we
will need to add Karen Watson to the list of witnesses. Your list of named
witnesses should now reflect all those listed by me to this point and Karen
Watson as well. I will leave it to you to subpoena all of these for
pre-trial and trial. If you do not subpoena them in light of your recent
and past performance then clearly there will be ethics and other filings
considered. You are clearly operating in unlawful manner to affect my
financial status and ability.
If/When you finally review your file and realize you
haven’t any case to pursue please contact me immediately to resolve. It
would have been much less painful if you had done this earlier. As one can
see my book release has been affected and a host of other problems have now
occurred which will serve to spiral costs out of control for the frivolous
pursuit. For the sake of good order I submit a signed copy of my book, “The
Answer to Cancer: A Simple Solution for the Western Condition” to
the State file because this indeed appears to be what it is all
about…………..Note: Your frivolous pursuits have altered our Christmas launch
of this product, affected countless thousands/millions of people to which
you may find yourself responsible for. No doubt this will give your
creative thinkers in your office something to ponder as costs spiral out of
control.
I would recommend you seek counsel. This is not your
typical opportunity at extortion. There will be no deals and ultimately you
have to try a case in Court that will leave you looking completely inept and
corrupt. We are moving towards a landmark Florida case, but Ana Garcia has
already been made aware of that. (See emails).
Please provide full copy of your file including all
documents, recordings, evidence, etc by certified mail to my address above
no later than 25 December 2015. This should make for an interesting
Christmas for all. As I defend my right to earn a living, then so will you.
Sincerely,
Ted Whidden
Enclosures:
CD evidence with numerous photos, text messages
referring to meth lab, recorded messages referring to meth lab and a host of
other pertinent data. A copy of the 2015 book release, THE ANSWER TO
CANCER: A SIMPLE SOLUTION FOR THE WESTERN CONDITION
To make effective use of the postal system, I am
enclosing:
1) Notice
of Unavailability
2) Motion
for Sanctions Against Opposing Counsel
3) Motion
for Sanctions Against Opposing Counsel (2)
4) Motion
for Sanctions Against Opposing Counsel (3) Prosecutorial Misconduct
5) Motion
to Dismiss
New Documents included for
completeness:
Motion for Sanctions Against Opposing
Counsel (4) Scheme to Defraud, Organized Fraud, Communications Act, This
document set includes the Condition of Release July 30,2015 and the August
7, 2015 notification sent to the Court.
(This Motion will also be sent as an
Addendum to the multiple Ethics Violations with the Florida Bar)
To:
H.Guy Green
4187 Clinton
Marianna, Florida 32446
From:
Theodore L Whidden
P.O.Box 158
Chipley, Florida 32428
Reference:
State of Florida vs Theodore L Whidden 15-276CF
12/16/2015
To Attorney H. Guy Green,
As you know on December 15, 2015 you requested that you
be withdrawn as counsel on my case with the State. As a result my new
counsel will need copy of your complete file including all recordings,
documents, notes, phone notes, etc. (ANY AND ALL supports and/or evidence
in your file including internal documents.)
I request you send full and complete copy immediately
to me via Certified Mail so that we can move this case along. It is not
your choice what you send me or when. You are required to send the complete
copy immediately upon demand and I am making that demand.
Failure to expedite shipping of full and complete given
light of your behavior, performance, and at will withdrawal, will further
bring opportunity for filings. This is not a threat. This is advice
because you have proven yourself to lack what is required to carry this case
through the system.
I look forward to receiving the file prior to Christmas
2015 via Certified Mail.
Sincerely,
Theodore L Whidden
"At the heart of the First Amendment is the
recognition of the fundamental importance of the free flow of ideas and
opinions on matters of public interest and concern. The freedom to speak
one's mind is not only an aspect of individual liberty – and thus a good
unto itself – but also is essential to the common quest for truth and the
vitality of society as a whole."
Supreme Court Judge Scalia wrote concerning Pope v
Illinois
"Just as there is no use arguing about taste, there
is no use litigating about it."
Copyright May 2016, All rights reserved by Ted Whidden
