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.
_______________________________/
SEQ CHAPTER \h \r 1
CONTENT OF FILE
RULE 16: DISCOVERY and INSPECTION
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.
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.
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 because 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 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.). 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.
I have also made a suitable “BRADY DISCLOSURE” request for the file and
ongoing data for/from the file. This is somewhat redundant, and in part I
make this and other filings to demonstrate the absolute, irrefutable
requirement for the State to provide copies irrespective of the games they
are playing. Their games are unlawful, harassment, Abuse of Process,
Prosecutorial Misconduct, and meant to abuse someone the State has made
self-determination to be off balance mentally. This would of course be a
RICO ACT (ongoing) violation. The State is RACKETEERING as demonstrated
herein and elsewhere.
RULE 16: titled DISCOVERY AND INSPECTION requires the Government to
provide records upon the request of the Defendant. It is not a requirement
that a Defendant say and “magic words”, express himself in legalese, or come
on bent knees to the crooks holding the information. A simple request is
sufficient. It has been made multiple times in multiple ways including but
not limited to the photos attached herein. This is all in line with the
Rule as stated.
With this filing I am calling for a full and ongoing BRADY DISCLOSURE as
well as all information and data available per Rule 16 as stated. This will
be for now and ongoing.
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.
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
Rule 16. Discovery and
Inspection
(a) Government's Disclosure.
(1) Information Subject
to Disclosure.
(A) Defendant's Oral
Statement. Upon a defendant's request, the government must
disclose to the defendant the substance of any relevant oral statement made
by the defendant, before or after arrest, in response to interrogation by a
person the defendant knew was a government agent if the government intends
to use the statement at trial.
(B) Defendant's Written
or Recorded Statement. Upon a defendant's request, the
government must disclose to the defendant, and make available for
inspection, copying, or photographing, all of the following:
(i) any relevant written or recorded statement by the defendant if:
• statement is within the government's possession, custody, or control; and
• the attorney for the government knows—or through due diligence could
know—that the statement exists;
(ii) the portion of any written record containing the substance of any
relevant oral statement made before or after arrest if the defendant made
the statement in response to interrogation by a person the defendant knew
was a government agent; and
(iii) the defendant's recorded testimony before a grand jury relating to the
charged offense.
(C) Organizational
Defendant. Upon a defendant's request, if the defendant is an
organization, the government must disclose to the defendant any statement
described in
Rule 16(a)(1)(A)
and (B) if the government contends that the person making the statement:
(i) was legally able to bind the defendant regarding the subject of the
statement because of that person's position as the defendant's director,
officer, employee, or agent; or
(ii) was personally involved in the alleged conduct constituting the offense
and was legally able to bind the defendant regarding that conduct because of
that person's position as the defendant's director, officer, employee, or
agent.
(D) Defendant's Prior
Record. Upon a defendant's request, the government must furnish
the defendant with a copy of the defendant's prior criminal record that is
within the government's possession, custody, or control if the attorney for
the government knows—or through due diligence could know—that the record
exists.
(E) Documents and
Objects. Upon a defendant's request, the government must permit
the defendant to inspect and to copy or photograph books, papers, documents,
data, photographs, tangible objects, buildings or places, or copies or
portions of any of these items, if the item is within the government's
possession, custody, or control and:
(i) the item is material to preparing the defense;
(ii) the government intends to use the item in its case-in-chief at trial;
or
(iii) the item was obtained from or belongs to the defendant.
(F) Reports of
Examinations and Tests. Upon a defendant's request, the
government must permit a defendant to inspect and to copy or photograph the
results or reports of any physical or mental examination and of any
scientific test or experiment if:
(i) the item is within the government's possession, custody, or control;
(ii) the attorney for the government knows—or through due diligence could
know—that the item exists; and
(iii) the item is material to preparing the defense or the government
intends to use the item in its case-in-chief at trial.
(G) Expert Witnesses.
At the defendant's request, the government must give to the defendant a
written summary of any testimony that the government intends to use under
Rules
702,
703,
or
705
of the
Federal Rules of Evidence
during its case-in-chief at trial. If the government requests discovery
under subdivision (b)(1)(C)(ii) and the defendant complies, the government
must, at the defendant's request, give to the defendant a written summary of
testimony that the government intends to use under Rules
702,
703,
or
705
of the
Federal Rules of Evidence
as evidence at trial on the issue of the defendant's mental condition. The
summary provided under this subparagraph must describe the witness's
opinions, the bases and reasons for those opinions, and the witness's
qualifications.
(2) Information Not
Subject to Disclosure. Except as permitted by Rule
16(a)(1)(A)-(D), (F), and (G), this rule does not authorize the discovery or
inspection of reports, memoranda, or other internal government documents
made by an attorney for the government or other government agent in
connection with investigating or prosecuting the case. Nor does this rule
authorize the discovery or inspection of statements made by prospective
government witnesses except as provided in
18 U.S.C. §3500.
(3) Grand Jury
Transcripts. This rule does not apply to the discovery or
inspection of a grand jury's recorded proceedings, except as provided in
Rules
6,
12(h),
16(a)(1),
and
26.2.
(b) Defendant's Disclosure.
(1) Information Subject
to Disclosure.
(A) Documents and
Objects. If a defendant requests disclosure under
Rule 16(a)(1)(E)
and the government complies, then the defendant must permit the government,
upon request, to inspect and to copy or photograph books, papers, documents,
data, photographs, tangible objects, buildings or places, or copies or
portions of any of these items if:
(i) the item is within the defendant's possession, custody, or control; and
(ii) the defendant intends to use the item in the defendant's case-in-chief
at trial.
(B) Reports of
Examinations and Tests. If a defendant requests disclosure under
Rule
Rule 16(a)(1)(F)
and the government complies, the defendant must permit the government, upon
request, to inspect and to copy or photograph the results or reports of any
physical or mental examination and of any scientific test or experiment if:
(i) the item is within the defendant's possession, custody, or control; and
(ii) the defendant intends to use the item in the defendant's case-in-chief
at trial, or intends to call the witness who prepared the report and the
report relates to the witness's testimony.
(C) Expert Witnesses.
The defendant must, at the government's request, give to the government a
written summary of any testimony that the defendant intends to use under
Rules
702,
703,
or
705
of the
Federal Rules of Evidence
as evidence at trial, if—
(i) the defendant requests disclosure under subdivision (a)(1)(G) and the
government complies; or
(ii) the defendant has given notice under
Rule 12.2(b)
of an intent to present expert testimony on the defendant's mental
condition.
This summary must describe the witness's opinions, the bases and reasons for
those opinions, and the witness's qualifications[.]
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
