Wrongfully Arrested over 5 years ago and the Case Still has not been heard

Broward County, Florida. It was July 27, 2004 when the lead investigator, Officer Joyce Cohen Cavallo of the Medicaid Fraud Control Unit (MFCU) came into my home and arrested me on 10 counts of elderly and disabled neglect. This was the first time I met Cavallo. I had never been arrested before. The only time I was in jail was when I volunteered to teach the inmates about life skills and how to care for themselves. I knew this was a mistake.

I arranged to meet with Cavallo on July 30, 2004. I was hoping to find out why I had been arrested. The conversation was taped. I learned Cavallo was unaware I was not working at the facility during the time of the investigation and she never saw the three million dollar reconciliation I prepared for the receiver, Alan Goldberg. How is it possible to miss three million dollars? I provided Cavallo copies of the reconciliation, final pay stub, and documents showing I lent the facility my personal monies to pay for the patients food and staff payroll. I was never paid back. Cavallo stated with this new information she would ask the state attorney to drop the charges. That never happened. In addition, I still did not know what I had done to be arrested.

Over the next few years, I would be denied a speedy trial four times. Once because the state prosecutor, Marianne Bell had a prepaid vacation and Judge Susan Lebow said I would have to pay for Bell's vacation if I wanted a speedy trial. I wanted a speedy trial because I am innocent and I had my son to care for (he has cerebral palsy and is a quadriplegia).

After reading the probable cause affidavit and meeting with Cavallo, I realized there was no evidence or probable cause. No one had taken the time to verify the information. Even the Florida Department of Health sent a letter on July 1, 2005 stating there was insufficient evidence to support prosecution and directed the case be dismissed. No one followed through.

I was denied each of the following rights.

1. The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to a speedy trial. Denied 4 times.
2. The right to a competent, neutral and detached judge. See above.
3. The absence of Prosecutorial Misconduct. Prosecutor withheld taped conversation for 2-1/2 years. After 9 requests and a formal complaint to the FBA the judge ordered Bell to turn over the tape. The tape was missing 30 minutes and had at least 19 transcibed errors. No one followed through. Bell resigned a few months latter.
4. The Fourth Amendment stipulates that "no warrants shall issue, but upon probable cause." In over 5 years no one has told me what the probable cause is. See letter from Florida Department of Health.
5. A criminal defendant's right to an attorney is found in the Sixth Amendment to the U.S. Constitution. The attorney has refused to review case information. After the 4th request for a speedy trial in 16 months, the court had me declared incompetent. When you are declared incompetent you lose your right to a trial.
6. The Presumption of Innocence. It does not exist.

It took a while for me to realize no one was interested in the evidence, especially if it proved I was innocent. To acknowledge the evidence would mean someone in the Medicaid Fraud Control Unit and Judicial system were violating my rights, providing fictitious evidence, withholding and tampering with evidence.

Part 1, To be continued
More information is located at www.Florida-Injustice.com