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Re: Case #81-21904.
I arrived about 20 minutes after [REDACTED] had left. I found the front door of my house fully opened; the side window of my customized van had been smashed and the paint had been scrapped off in several places, probably with a rock. The porch window and lamp were also smashed. Glass was all over the place. I found my son and his babysitter locked up in the bathroom. They were under a state of shock and couldn’t stop crying. Communication was impossible for a while.
They had been victimized and traumatized by the abusive conduct of [REDACTED]’s brother, who had acted lawless out of blind rage, while projecting the filth of his brain upon my person. Had I been home, he would have killed a totally innocent human being. I called the Fifth Precinct four times back to back, which has jurisdiction over the area where my Winston Park house at that time is located. All my calls were ignored. No one was sent to investigate my complaint. They all seem unwilling to get involved.
My son and his babysitter told me that a young policeman had entered the house by force as soon as she had opened the door for him, while holding a gun and yelling out my name. I went to the Fifth Precinct to complain and again I was mistreated and threatened. I was placed in a holding cell for about one hour and released. I didn’t know what to do. I drove away to another jurisdiction to get directions from a police officer that was one of my customers. He directed me to the Miami Police Department Internal Affairs Offices.
Once there, an employee took my complaint on writing and opened an investigation. As a result, Detective Sergeant Raymond Haar, Sr., sent one of his detectives to my house. My brother George and I welcomed that detective and I answered all his questions with undiluted honesty.
Notwithstanding that, [REDACTED] insisted on pressing charges against me with the Offices of Janet Reno, Miami Dade County State Attorney. The family had also discovered that I had a criminal record from the State of New York. Janet Reno assigned the case to a young woman, one of her assistant district attorneys, who, after talking to R.R. and to me, refused to prosecute me for having placed my arm around R.R.’s waist line and around her shoulder (Those were the original charges), in a non-sexual good faith effort to protect the child from falling.
R.R. told the truth. In fact, she didn’t even lie during my trial when Assistant District Attorney Jeremy Akers instructed her to show the jury where I had touched her. R.R. DIDN’T PROVIDE AN ORAL ANSWER. Instead, ten years old R.R. touched her right shoulder and the right side of her waistline. Subsequently, Mr. Akers stated: “For the record, the victim has touched her crotch area and her chest area”. That was a lie. Defense Attorney Henri Rauch didn’t object.
Also, as a result of my complaint with Internal Affairs, one Sunday morning, when I was with my son Noel working on the front garden, a car drove up and four men got out of the car and ran toward me very fast. Two of them were holding guns. Immediately I ordered my four-year-old child to run home and to lock the door, while I confronted the four men. It was a terrifying moment. I was concerned for the safety of my family. Before my son was able to lock the door, two of the men had reached the door’s handle and reopened the door. I believed that my family and I were experiencing a home invasion, but then I saw the policeman’s badge on his belt. Without any legal authorization, they held me outside my own house, while they searched my house and interviewed the babysitter. I was treated like a dangerous criminal. My wife wasn’t home.
Needless to say, R.R.’s family was upset with the female assistant district attorney’s decision not to prosecute me. And needless to say, how upset I felt over the gross abuse of authority that those law enforcement agents had used against me and my family. I decided to exercise my constitutional right to find an attorney to represent me in filing a civil action. That was a big mistake. Somehow, the family found out that I was looking for an attorney and told [REDACTED], who told Lucy, who told George, who told me. They returned to Janet Reno; and the allegations were altered to include actual touching of R.R.’s private parts over her clothes; the case was reassigned, and I was arrested. I had to pay $500.00 to recover my release on a $5,000.00 bail.
My pretrial court appointed attorney, Mr. William Castro, told me that Janet Reno was willing to withdraw prosecution if I agree to subject myself to a psychological evaluation for sex offenders, paid by the State Of Florida; I immediately agreed, took it and pass it with a favorable report from Dr. Seth R. Krieger, Psychologist. But Janet Reno didn’t drop the bogus charge. Subsequently, Janet Reno proposed that I submit myself to a lie detector test with Florida Polygraph Association, Mr. George B. Slattery, paid by the State of Florida, as a condition to drop the charge. Of course, I agreed. Took the test, twice back to back, and passed with flying colors. Janet Reno again refused to drop the case, claiming that there was no signed stipulation.
Through my trial attorney, Mr. Henri Rauch, Janet Reno offered me a plea bargain offer of only six months under probation. I was facing 15 years in prison, but I couldn’t accept responsibility for a disgusting crime that I had never committed. I decided to take my case to trial. They were obviously concerned about my intentions to file a lawsuit. I don’t deny having had those plans, but the two attorneys that I had consulted refused to get involved. I believe that one of them called Sgt. Haar.
TO BE CONTINUED.
Frank Fuster.