Free Frank Fuster

These posts are as Frank submitted then. They have not been independently vetted. Should you have a problem with the accuracy of any of these posts, please reply to let us know. Frank sometimes makes serious charges against nonpublic figures. Because the posts have not been vetted, we have heavily redacted some of the posts. If you are a journalist or attorney, or are interested in helping us fight this injustice, and would like access to the unredacted posts, please contact us to discuss this,

On June 7, 2021, Attorney Amy Gershenfeld Donnella, sent me a letter stating: ‘As you probably realize better than anyone, in order to get back into court, we’re going to need to find new evidence that hasn’t been presented to the court and to which we didn’t have access before.’. After 36 years since the conclusion of my trial in the Country Walk Babysitting Case, such a strategy floats over an optimism that I lack. On May 5, 2021, through an email, Producer Paul Berczeller from Free Turn in London and Los Angeles, in good faith offered to go door to door in Country Walk, in search of new evidence of my innocence. Can you imagine that scenario? I truly appreciate his good intentions and his faith in my cause, but I find that strategy to be illusive. There is only one realistic place where a good attorney, such as Amy, can locate evidence of my innocence, and that place is in the private files of the Miami Dade County State Attorney Office, now under the custody of the Eleventh Judicial Circuit Court of Florida Custodian of Records. I am 100% sure that evidence of my innocence must exist in those files, which I haven’t been able to obtain. And in my opinion, such evidence should be taken to the trial court with a State Petition for a Writ of Habeas Corpus, not through a post-conviction motion under Fla.R.Cri.P. 3.850, because I AM ILLEGALLY IN PRISON AND HAVE EXHAUSTED ALL MY OTHER OPTIONS.

JURISDICTION

The Eleventh Judicial Circuit Court of Florida has jurisdiction to enter and to issue a Writ of Habeas Corpus pursuant to Article V, Section 5 (b) of the Florida Constitution Fla.R.App.P. 9.030 (c) (3) and 9.100 Fla.R.Civ.P. 1.630 and Section 79.01 of the Florida Statutes. When a Florida State Habeas Corpus petitioner attacks the validity of the conviction by raising issues related to the trial proceedings, the jurisdiction in habeas proceedings lies with the trial court that imposed the sentence and rendered the judgement of conviction. See Collins vs State, 859 So.2nd 1244, at 1245 (Fla. 1st DCA 2003).

HABEAS CORPUS TO CORRECT MANIFEST INJUSTICES

In my opinion, no other remedy than habeas corpus would be adequate to correct the gross manifested injustice to which I am being subjected since 1981 (Case #81-21904) and since 1984 (Case 84-19728-A). To establish a manifest injustice claim in the State of Florida, the reviewing court must be left with a definite and firm conviction that a mistake, or fraud on the court, has occurred, which aversively affected my substantial legal rights to due process of law, to the point that without the benefit of the mistake, or of the fraud on the court, there is a reasonable probability of a different result in the outcome of each of my two cases. See Vega vs State, 288 So.3rd 1252, at 1258, (Fla. 5th DCA, 2020). The Black Law Dictionary, 11th Edition, at Page 1152, defines MANIFEST INJUSTICE as: ‘A direct, obvious, and observable error in a trial court.’. The courts of the State of Florida have determined that: ‘Error is fundamental in nature where a manifest injustice would otherwise occur.’. See Miller vs State, 988 So.2nd 138 (Fla. 1st DCA, 2008). Further, the United States Supreme Court has found ‘Plain error’ or ‘Fundamental error’, is error affecting the substantial legal rights of the parties. See Johnson vs United States, 520 U.S. 461 137 L.Ed 2nd 718 117 S.Ct. 1544 (1997). See Williams vs State, 736 So.2nd 699, (Fla. 4th DCA, 1999). The federal courts have determined that to demonstrate manifest injustice, a petitioner must demonstrate:

1. That there was error
2. That the error was plain.
3. That the error affected his/her substantial rights.
4. That the error affected the fundamental fairness of the proceedings

See United States vs Quintana, 500 F.3rd 1227, at 1232 (11th Cir., 2002).

Habeas Corpus is enshrined in the Florida Constitution to be used as a means to correct manifest injustices, and if it appears to a court of competent jurisdiction, that a person is being illegally restrained of his/her liberty, it’s the responsibility of that court to brush aside formal technicalities and to issue such appropriate orders as will do just justice. See Adams vs State, 957 So.2nd 1183 (Fla. 3rd DCA, 2006), citing Jamason vs State, 447 So.2nd 892, at 895 (Fla. 4th DCA, 1983) Anglin vs Mayo, 88 So.2nd 918 (Fla. 1956) and Baker vs State, 878 So.2nd 1236, at 1286-1287 /(Fla. 2004) (Hon. C.J. Anstead specially concurring and stated: ‘The Writ of Habeas Corpus is enshrined in our Constitution, to be used as a means to correct manifest injustices and its availability for use when all other remedies have been exhausted, has served our society well over many centuries. This court will, of course, remain alert to claims of manifest injustice, as will all Florida courts.’. The Court in Quarles vs State, 56 So.3rd 857 (Fla. 1st DCA, 2011), held that the Writ of Habeas Corpus remains available for the rare case in which a prisoner has been provided no adequate, or effective way, to test the legality of his/her detention, despite the procedures in Florida Rules of Criminal Procedure 3.850, citing: Valdez-Garcia vs State, 965 So.2nd 318 at 321, (Fla. 2nd DCA, 2012). The Court in Stephens vs State, 974 So.2nd 455 (Fla. 2nd DCA, 2008), held that to prevent manifest injustice and a denial of due process, relief may be afforded even to a litigant raising a successive claim.

I need pro bono legal help from Miami Dade County.

TO BE CONTINUED.

FRANCISCO FUSTER ESCALONA.

Should I hate Iliana for having played a criminal major role in my convictions concerning the Country Walk Babysitting Case???

Hate is an insane attribute of the worldly ego self which I have relinquished. My Spiritual Inner Self and Iliana’s Spiritual Self share oneness and love at the spiritual level of existence, which is the real world. Now that Iliana is no longer my carnal wife, she will remain being my spiritual sister for eternity. She has been in my daily prayers since 1985, when I elected to forgive her for her errors. Forgiveness is an attribute of one’s Spiritual Inner Self. I always pray for Iliana with an undiluted desire to have her reach her highest level of Spiritual Divine Consciousness. That leaves Me in the Peace of our Heavenly Father, where I elect to be. NO! I SHOULDN’T HATE. NOR ILIANA, NOR ANYONE. The ego self-thought system that is required to hate is not welcomed in the Mind of Christ, where I elect to dwell as much as I can, which is the real world to where every mind must eventually return. I much rather love Iliana, which means that I rather see Iliana as God created her. That is the real and only meaning of love, to perceive the Inner Christ Presence in everyone. I elect to bless Iliana and her loved ones with my highest thoughts. Iliana, just like you and everyone else, is also a member of the Sonship trying to survive her individual human experience as she deems proper in proportion to her capacity to love at any given time, which determines her level of consciousness. To the extent that she becomes receptive to identify herself with her real spiritual identity, we can share real oneness. Only the minds can share oneness. Not the brains of the ego worldly self. Not the bodies either.

I have vivid memories of the daily happy moments that I experienced with Iliana, not of our disagreements and of her errors. I made some errors myself. That is an unavoidable process of growing up. Notwithstanding Iliana’s age, she gave me unforgettable experiences of how a woman in love should love her man. The sexual connection and energy between us were so dense that it could have been sliced with a knife. It felt as if at the carnal level, we were made for each other. Our sexual connection was spectacular. I couldn’t have asked for more. We reached a point of acute telepathic connection that was amazing, we knew what the other was thinking. I dedicated all my sexual energies to her body. Iliana raised my understanding of the meaning of sharing oneness of both, of us as minds and of our bodies.

Well, actually, we were married for only ten months when our world together was ripped from us….. Our world of joy of peace and of love vanished before our eyes. We lost everything that we owned. Everything that could be sold was sold to pay Attorney Michael Lee Von Zamft and Attorney Jeffrey William Samek. We lost the love of our friends. We lost the good reputation that we had. Even some family members turned their backs on us. We became to be the two most hated human beings in the State of Florida. It was horrible beyond possible description. Our human rights were ignored and repeatedly violated by those public servants that had a legal duty to upheld the Constitution of the United States and of the State of Florida. And when we didn’t have anything else to be sold, the attorneys demanded $100,000.00. Subsequently, they got themselves appointed to represent us at the expense of the taxpayers. That is the judicial system of the United States. No money = No justice. Sad, but true. You know that.

In the other hand, as Iliana’s husband I made a sworn commitment to protect her to the best of my capacity during her human experience that didn’t vanish when she decided to file for divorce. I feel bound to honor that commitment to the best of my capacity. I do not hold Iliana fully responsible for her criminal conduct against me during my trial for the Country Walk Babysitting Case, as a way to obtain her release from incarceration. She was only 18 years old and acting under the fear produced by her lower worldly ego self.

The record of my statements shows that I have always affirmed that Iliana is 100% innocent of all the false charges that Janet Reno filed against her. That shows that there are no residues of animosity against her from that time when I screamed at her during my trial in objection to her false statements against me: ‘YOU ARE LYING AND GOD IS GOING TO PUNISH YOU FOR THAT!!!’. I apologize for my lack of control over my ego self’s psychological pain in reaction to Iliana’s false statements. That ego self no longer exists. I would like to know that Iliana is well. Perhaps happily married and with her own children.

I discovered many years ago that real love has no connection to sexual attraction. Only for the ego thought system having sex symbolizes making love. That belief, just as many of the other beliefs that are inherent of the ego self-thought system, is totally insane. A woman can feel herself sexually attracted to over one million men simultaneously under her ego thought system. Likewise a man. That is not love. However, we can and we should love everyone, under one of the many ways and levels that are available to us. The understanding that must be adopted is that sexual attraction is one of the attributes of the worldly ego thought system while love is an attribution of God, which we experience through the holy thoughts that we receive from our Inner Holy and Eternal Self, that God created as us.

TO BE CONTINUED.

FRANCISCO FUSTER ESCALONA.

Should I regret getting married to a 16 years old teenager on September 24, 1983, when I was 34 years old??? On November 29 Iliana celebrated her 17th birthday. When we met, Iliana told me and told everyone that I introduced her to, that she was 22 years old. No one ever had a reason to doubt her statement. Iliana’s general conduct and level of sophistication was that of a mature young woman. She displayed general knowledge in religion in politics in philosophy and in the current events of society from that time. Needless to say that I was very impressed with her mind.

My son Noel introduced me to Iliana in the Flea Market in June of 1983. She had a part time job selling plants. While her boss was taking my order, Noel was talking with Iliana. Iliana was Noel’s first platonic love at first sight. While I was trying to get a deal on my purchase, Noel came to me to confirm our home telephone number, which surprised me much. After the confirmation, he ran back to Iliana. When I finished buying all the plants that I wanted, I called Noel to go with me to pick up my car because I couldn’t carry so many plants. Noel wanted to stay with Iliana, who asked me to allow him to stay with her while I returned with my car. By the time when I returned, Noel was convinced that Iliana was his girlfriend. And those were his first words to me when I returned: ‘Daddy, she is my girlfriend.’. It was a very funny scene. Iliana was laughing at her new conquest. After we placed all the plants in my car (A Datsun 280Z Turbo 2+2), Iliana came over, politely introduced herself and asked my permission to call Noel at 8:00 pm. I granted her request.

From that date forward, and until we got married, Iliana called us every single day. Sometimes two or more times. When she called she always spoke with Noel about five minutes, and over one hour with me. Sometimes we stayed on the telephone for three hours. I was surprised at her level of sophistication and I felt pleased with our new friendship. Iliana gave me the impression that we had much in common. About two weeks later, Noel informed Iliana that I had purchased a beautiful stereo system, which he called a beautiful big radio which we had to pick up the next day in downtown Miami. Iliana told me that she had to go to the downtown area of Miami and wanted to know at what time I planned to be there in hopes to see Noel again. (After we were married she confessed that she had no other reason to go to downtown Miami than to see us again.) When I saw Iliana that day, I was stoned by her beauty. What a big difference a little makeup and a beautiful dress can make. Notwithstanding the fact that Iliana didn’t have the voluminous female body of Kim Kardashian that I liked, I first felt attracted by her mind, and subsequently by her beauty. I also felt attracted by her initiative to pursue me very aggressively. She always told me that her dad was 23 years older than her mother and that she had never experienced a connectivity with the young men that she had dated up to that point.

Noel wanted to take Iliana to the pool in the Country Walk Clubhouse and Iliana liked his idea, but she could not go in the pool because she didn’t have a bathing suit. So I purchased a bathing suit for Iliana and we went to the pool. About 6:00 pm, we went to Burger King to eat. By about 8:00 pm, we were in Iliana’s house meeting her family. It was a 45 minutes’ drive from my neighborhood.

Subsequently, a few days later, Iliana and I had our first date. She wanted to go to a discotheque, so I took her to a very nice place back in my neighborhood (I didn’t like her neighborhood). I almost couldn’t make it because my car stopped functioning. I went to my next-door neighbors, whom I had never officially met before that day introduced myself told them that my car was out of order and that I had my first date with a beautiful young woman that was waiting for my arrival and asked them to allow me to borrow their car. They did.

When I had Iliana on the dancing floor, she immediately discovered that, well…, I CAN DANCE!!! (SMILE). That evening I kissed Iliana for the first time and according to her, with my first kiss I possessed her forever. Well it didn’t turn out to be that way, but it made me happy to hear her make that statement. Can you believe that if I feel like dancing during my work out here in prison, I dance to the music in my tablet regardless of who is around??? Years ago female officers danced with me for a brief moment as they walked by conducting their security check rounds. I guess that they liked my moves.

By midnight, as promised, I returned my neighbors’ car. If I remember correctly, it was a GTO. But whatever it was, it was fixed with a very loud and powerful V8 motor. That guy owned a large auto-parts store. By the way, they also accused Iliana and I of molesting their baby to be able to milk our convictions with a lawsuit.

Iliana caused me to feel a beautiful and deep connection of our minds and a burning sexual desire for her body. She became to be my best friend. She gained my trust and my love. We made many plans for the future. She loved Noel and Noel loved her. I considered her a blessing for both of us. So I asked her to become my wife and my queen. She happily immediately accepted. The urge to be together was so intense that we changed the wedding date three times. NO I DO NOT REGRET HAVING HAD THE HONOR TO HAVE ILIANA AS MY DEAR WIFE. During our ten months of togetherness, we shared love and oneness.

TO BE CONTINUED.

FRANCISCO FUSTER ESCALONA

If you have been granted access to the unredacted posts please follow this link.

At the age of 20, on January 16, 1969, about 8:00 pm, I was crossing the bridge between Manhattan and the Bronx, in New York City, driving my six days old Chevrolet Station Wagon. Since I had a company car, I wouldn’t have been driving my personal vehicle under normal circumstances. But that day I had taken my new Station Wagon to the Chevrolet Dealer to have them install the required brackets for the transportation of my new .22 caliber hunting rifle on the interior of the rear door. My friend Johnny and I had a planned trip to go hunting small animals in Monticello, New York. I was employed by Mink Furs, Inc. and that day I had way over $30,000.00 worth of Mink fur coats in my Station Wagon. I didn’t like the smell, so I opened the windows. As I gather all these details in my mind, I can clearly perceive how the combination of events played a role in what took place that evening in the middle of that bridge.

I cannot help wondering if our human experiences are pre-determined, at least sometimes. For example, if my last customer that fatal day hadn’t delayed my departure from her apartment, I wouldn’t have met 29 years old Mr. [REDACTED]. If my windows had not been down, I would have probably ignored Mr.[REDACTED]’s immature conduct of blowing the horn of his car constantly under the awareness that the cars were moving very slow and that I could not drive any faster. Had I had not taken the exam to become a police officer, I wouldn’t have tried to conduct a citizen arrest, which is the fact that caused Mr.[REDACTED]’s impulsive decision to pull the rifle out of my hands by the barrel, which caused the weapon to discharge and thus the lamentable death of Mr.[REDACTED] at 9:20 pm, on the floor of that bridge.

Had I been in a better mood, I had not shown Mr.[REDACTED] my middle finger in reaction to the loud sound of his car’s horn. Had I not shown Mr.[REDACTED] my middle finger, he probably would not have rear ended my new Station Wagon with his car, which caused me to make the bad decision to conduct a citizen arrest, just as I had read about through my ARCO Manual. Had Mr.[REDACTED] remained driving behind my Station Wagon, instead of changing to the left lane and subsequently back to the right lane on front of me, I wouldn’t have been able to write down his car’s Plate Number. Had Mr.[REDACTED] not seen me writing down the Plate Number of his car through his rear-view mirror, most likely he would have not gotten out of his car in rage to confront me, which resulted in my pre-determined decision to conduct a citizen arrest after he threatened my life and seem to be under the effects of drugs. He made me believe that he had a gun.

We had stopped the traffic. A man driving one of those cars was an off-duty police officer. He approached me from behind while I was waiting for the cigarette lighter of my Station Wagon to come out and placed the barrel of his weapon on my head. Subsequently he demanded my handgun. I informed him that I didn’t have a handgun and that I was on the job, which was a misstatement, because I was not a police officer. He handcuffed me behind my back and slapped me with all his power on top of my left ear, knocking me to the floor, notwithstanding the fact that I had surrendered without any resistance. He continued demanding my handgun. He had his winter boot on my head, and my head was still spinning from the blow, so I couldn’t answer him. The civilian from the car just behind my Station Wagon, informed him that I had a rifle inside my Station Wagon. While aiming his gun at me, he retrieved the rifle from the rear of my Station Wagon and replaced the discharged bullet of my bolt action small rifle.

He had the prosecutor charge me with Murder in the First Degree and Attempted Murder, falsely claiming that it was me who had replaced the bullet in the chamber to point my rifle at him. Making it sound as if he had acted heroically. My attorney managed to get enough witnesses to have the Attempted Murder allegation deleted. Mr.[REDACTED] had left his fingerprints on the barrel of my rifle and we had the favorable statements from the witnesses to take the case to trial, but when I heard that Mr.[REDACTED]’s wife had suffered a miscarriage due to the news of the death of her husband, I assumed full responsibility for his death against the legal advice of my private attorney and pled guilty to manslaughter.

The judge sentenced me to ten years in prison, out of which I served less than four, including the ten months at the New York City Jail waiting for trial. Subsequently, I served the rest of my sentence under Parole supervision. At the completion, my civil rights were restored and I led a decent life. I paid my taxes and donated funds from time to time. All was going well until 1981, when Janet Reno and the Haar family of law enforcement agents decided to punish me with a false charge of molestation, which is well documented through my first blogs.

My attorney Jeffrey William Samek told me that Judge Robert Newman and Prosecutor John Hogan had plans to make me pay for the death of Mr.[REDACTED], because as Samek and Michael Lee Von Zamft (Iliana’s attorney), they too are Jewish. I have documented this fact before through other documents. I never had a winning chance under those circumstances. I was the victim of a conspiracy by those that had power over the outcome of my trials…. However, I complied with my function to speak the truth clearly and without fear at every opportunity. Nothing else was under my control. I didn’t have any other spiritual legal or moral duty. I have a clean conscious as a result, from where I am drafting my blogs.

Most sincerely,

FRANCISCO FUSTER-ESCALONA.

To those brains that are devoid of projected bias that prevents an accurate perception of the truth concerning all my convictions for alleged sexual child abuse, the recognition of my 37 years experience in prison for crimes that never even existed, can produce a sense of responsibility to play a productive role in my life and in my cause. Only bias based on prior experiences or bias based on prior knowledge of other persons’ experiences or allegations, can activate the brain’s imagination to produce the sick and depraved thoughts and images to be projected toward my person and to be relied on to misjudge my mental sanity and to perceive my thought system as they would have me be. Unfortunately for me and for my cause, the percentage of brains that are under the control of said biases is much higher than what is desired and expected in a generally healthy society. THAT IS WHY I HAVE BEEN UNABLE TO HAVE MY CONVICTIONS FOR SEXUAL CHILD ABUSE VACATED REGARDLESS OF MY CONSTANT EFFORTS AND THE PRO BONO HELP OF ATTORNEY AMY GERSHENFELD DONNELLA DURING OVER TEN YEARS.

It was not my objective to offend anyone with the above stated statements. Our Inner Holy Self, which is our real eternal identity, cannot be offended. Only the worldly ego self that each of us has made with illusive worldly thoughts can feel offended. And in this case, rightly so, because only the illusive ego self’s thought system functions through projections of its worldly thoughts and because my statements above are directed, as applicable, to the ego thought system that has kept my human body incarcerated for over 37 years on the basis of either illusive projections, or of criminal personal agendas. Actually, most of the egos that are responsible for my illegal incarceration, are fully aware that my ex-wife Iliana and I are 1000% innocent of every charge against us filed by State Prosecutor Janet Reno.

At the present time I have two unrelated producers conducting individual investigations of my two cases with the objective to provide my cause with international publicity: Mr. Scott Michels from Retro Report and Mr. Paul Berczeller from Free Turn. I express my gratitude to both of them and to the entities that they represent. Without doubts, society in general has a legal right to know the truth in connection to my two cases from the Eleventh Judicial Circuit Court of Florida, in order to do whatever it takes to provide the necessary corrections to protect itself from such a gross abuse of delegated authority. Another positive news is that my attorney, Ms. Amy Gershenfeld Donnella, who represented me on pro bono basis for over ten years up to 2007, has recently shown an interest in becoming my champion once again in some capacity. Amy once stated that she wasn’t going to allow the State of Florida to get away with the multiple crimes that Janet Reno made to get Iliana and I convicted in the Country Walk Babysitting Case. My heart felt gratitude to these persons. I am praying that with their help a local law firm with the required experience, from the area of Miami Dade County, makes the decision to join Amy in a legal effort to have my convictions in the Country Walk Babysitting Case vacated (Amy is not familiar with the facts of my Case #81-21904 of 1981-1982.).

I want to use this opportunity to express my gratitude to the Christ Mind for the love and for the help that I have received from so many minds throughout my entire human experience, but especially during my human experience in prison for crimes that never even existed. The experience of being incarcerated on the basis of totally false charges is horrible beyond description. In my opinion, it is about the worse crime that society can inflict on a human being. And when that crime is based on charges of sexual child abuse, the pain and the sufferings that are inflicted are enhanced one hundred times. And if the sentence imposed by the court is life in prison, a dead sentence is way more merciful. No one can possibly imagine the level of anxiety and of torture that must be endured by a person falsely accused and convicted of having sexually abused children, including one’s own child. From my perspective, the entire nation seemed to have gone crazy during the national hysteria of sexual child abuse that was experienced between about 1980 to about 1990 (Please review my Blog #14).

I do not know if I will have to remain in prison for crimes that never even existed. But please know that my real legacy when I drop my human body is my current level of consciousness, which I am sharing with the Sonship through our spiritual oneness. With my thoughts and the feeling derived thereof on daily basis, I have been either a curse or a blessing to the Sonship to which we all belong. The Sonship is the total sum of every mind created by God through an extension of Himself, that has incarnated on this world to experience an illusive individuality through the worldly ego self. To the level to which I have forgiven my accusers, I am holy and a blessing toward the salvation of this world, because forgiveness is an act of divine love and a virtue of our Inner Holy Self. The Self that God created as each one of us prior to the creation of our Galaxy. When we communicated only through divine energies. Even today, it is only through our energies that we are constantly in communication with the Universal Divine Consciousness that I called the Universal Christ Mind, which was manifested by Jesus of Nazareth. And to a much lesser degree, by many billions of minds in one or another degree. NOW I WANT TO DOCUMENT THE UNDILUDED TRUTH KNOWN TO ME.

TO BE CONTINUED.

Francisco Fuster-Escalona.