Blog #8: The 1981 Case Goes to Trial

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My dear ex wife Martha Elena was called to testify on my behalf. Martha had been driving nearby during the ten minute ride between the Dade County Impoundment Yard and [REDACTED]’s apartment. After my mother, no one knew my mind better than Martha, who was a very intimate part of my human experience for over ten years. Martha provided the best defense that was possible for her to provide, not only as a character witness, but also as a nearby witness. She knows that I am not a pedophile and has always taken that stand on my behalf.

The court’s records of the pre trial proceedings and of the trial itself, can provide much evidence of questionable legal decisions by the court officials. For example:

1. Up to the week of my trial, my case had been under the court docket of Judge Joseph P. Farina, who had been over my case from the beginning and had full knowledge of the intricacies of my case, but he decided to recuse himself from the case just before the trial, and was replaced with Hon. Steven D. Robinson, from the Small Claims Court, who had no prior knowledge of what had been happening with my case; and who had no prior experience with the criminal type of cases from the Eleventh Judicial Circuit Court of Florida. Just a few weeks prior to my trial, I had appeared before Judge Robinson at the Small Claims Court for a civil claim case. It is not clear if such an appointment was made in violation of the Florida Rules of Court; nor could I find out why it was not possible to reassign my case to a judge from the Eleventh Judicial Circuit Court of Florida. I couldn’t not even find out why Hon. Farina, who soon after became the Chief Judge, saw the need to recuse himself from my case. I trusted him. I wanted a bench trial with him, instead of a jury trial, because he had ordered the lie detection evaluation and the psychological evaluation that I had taken and passed with flashing colors. I believe that he also had knowledge that the first assistant district attorney that reviewed the allegations against me, a young and very nice woman, had declined to prosecute me due to insufficient evidence of sexual intent or misconduct. I cannot remember her name, but she was dating a Cuban attorney named Rodolfo, who years later became one of the judges for the Third District Court of Appeals.

2. Up to the week of my trial, the assistant district attorney that had been assigned by Janet Reno to my case, Mr. Leonard W. Lewis, was replaced with an assistant district attorney that had already resigned to move to Washington, D.C.: Mr. Jerome Akers. As a favor to Janet Reno, he returned to work only to prosecute me. Weird.

3. Up to the week of my trial, my assistant public attorney had been Mr. William Castro, who was responsible for the agreement with Janet Reno to delete the single charge of touching Miss. R.R. over her clothes with sexual intent, providing that I could take and pass a lie detection test and a psychological evaluation. Mr. Castro had full knowledge of my case; and had prepared well for the trial. He had accumulated evidence of my innocence and of the fact that Janet Reno had joined Sgt. Ray Haar’s personal vendetta against me, in exchange for votes during her upcoming reelection bit. Mr. Castro wasn’t willing to allow Janet Reno to keep the jury from finding out that I had taken and passed a lie detection evaluation and a psychological evaluation. He had me take pictures of the van and the seating arrangement. I relied on my son as a substitute for Miss R.R. to demonstrate through photographs that it was almost physically impossible to touch Ms. R.R. between her legs, without adopting a very awkward physical position, in part, due to the steering wheel. Mr. Castro was fired. I was never able to find out why he was fired from his job.

His replacement was a new attorney without much experience, about 26 or 27 years old: Mr. [REDACTED], whom I met just before the trial. During our pre trial ten minutes meeting, Mr. [REDACTED]’s objective was to induce me to accept a plea bargain offer from Miss Janet Reno, which began with an offer of three years under probation; and ended during my trial with an offer of only six months under probation. I rejected those offers and demanded a trial because the crime never took place and because I am not a pedophile. I was very concerned about going to trial with an attorney that had no knowledge of my case; had no prior experience with such cases; believed that I was guilty; and agreed with Janet Reno that the jury couldn’t be allowed to find out that I had taken and passed a lie detection evaluation and a psychological evaluation. He sold me out, without any regards for the truth and for my human rights. I never had an opportunity to obtain justice. These statements are the undiluted truth before our Creator.

Yes, I believe in God.

I was forced to go to trial with a new judge; with a new assistant district attorney; and with a new defense attorney that didn’t properly defend me and didn’t allow me to testify on my own behalf to be able to defend myself and the truth.

The day of my sentence, Mr. Akers asked Hon. Robinson to sentence me to the maximum, i.e., to 15 years in prison. Defense Attorney [REDACTED] asked the judge to sentence me to 5 years in prison. The pre sentencing investigator asked the judge to sentence me to three years in prison. Over objections by the prosecutor; and threats from [REDACTED], courageous Hon. Steven D. Robinson, sent me back to my family with a sentence of two years under probation and a psychological counseling program.
Then a man who had been seating at the rear of the courtroom, informed Hon. Robinson that he was willing to handle my appeal. His name was Jeffrey William Samek, Esq.
TO BE CONTINUED.
Frank Fuster

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