Blog #28: The Country Walk Case (Part Twelve)

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.

Blog #27: The Country Walk Case (Part Eleven)

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.

Blog #26: The Country Walk Case (Part Ten)

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

Blog #25: The Country Walk Case (Part Nine)

What amount of money can possibly justify having your preschool children subjected to intense brainwashing techniques directed at inculcating in their tender and still innocent brains the false beliefs, and the required thoughts and images, of a sexual nature, to turn them into effective witnesses for a State Prosecutor seeking the conviction of innocent defendants??? You know the answer. Since you are probably thinking right now that no amount of money would incite you to commit those unspeakable crimes, it would be very difficult for your brain to perceive and to project that other persons are capable of such heart less atrocities. However, that is exactly what the parents connected to my Case #84-19728-A did, to help State Prosecutor Janet Reno realize my conviction and the conviction of my wife Iliana Flores Fuster. That is the unwanted truth. The so far hidden truth. And the truth before God. Therefore, I most humbly and respectfully invoke the Divine Consciousness of GOD, to establish worldwide beyond doubts the full extent of said truth. Actually, that has been my objective since my 1981 case (Case #81-21904), when Bonnie Kendall, the mother of nine-year-old Ms. R.R. and the daughter of Sergeant Raymond Haar, Sr., from the Metro Police Department in Miami Dade County, erroneously labeled me as a pedophile.

Thanks to a new law that took effect just before the Bragas began their illegal assignment to re-interview all the children, the Country Walk Babysitting Case has 72 hours of video recordings of some of the interviews between the children and the Bragas (Laurie and Joseph Braga). Samek provided me with a copy of those 72 video tapes and with a VCR, for me to be able to view those tapes in my cell at the Dade County Jail. I already had a television that had been provided by the jail staff. Immediately after I began to view the Bragas contradicting the children’s affirmations that they had no knowledge of any type of abuse, I started to feel a sense of rage stirring up in my chest.

The Bragas had been convinced by Janet Reno that the prior evaluations that Dr. Ralph Underwager had previously conducted of each of those same children was 100% wrong. The Bragas relied on every conceivable manipulative technique that they could come up with to convince each child that he or she had been sexually abused. They used anatomical corrected dolls to get the children to play and to pretend, to subsequently interpret the child’s game of uniting the dolls together as evidence that abuse had occurred but that the children were in denial, because they were scared that they had done something wrong. Totally insane conclusions, but on those basis the case against Iliana and me was build.

The Bragas asked the children what they wanted for Christmas, to subsequently threaten the child that he or she was not going to receive any gifts unless he or she confessed what happened in my house. Like that, they threatened the children with the denial of love from their parents and grandparents, if they continued affirming that they had not seen any type of abuse. They constantly made the children cry. All this while their parents were watching the brainwashing process through a two ways mirror from the next-door room. At one point I couldn’t endure what was being done to those little children and I lost control: I SMASHED THE TELEVISION ON THE FLOOR INTO ONE HUNDRED PIECES!!! (I had to have my family replace it and buy a second one for me).

Samek had to pick up the 72 tapes. I couldn’t watch more than about 20 of those highly distressing video tapes. I asked myself hundreds of time how was it possible that such a gross abuse of authority was taking place in this country??? The general indifference toward Iliana and me was not comparable to the indifference that took place to what the children had to endure, but it infuriates me that those children had to grow up under the stigma caused by the inculcated false beliefs of having been sexually abused at a very tender age. It infuriates me that their parents and Janet Reno got away with their crimes.

There is no way for me to accomplish on my own what needs to be accomplished to set the record straight. We are under a capitalistic system in this country, which means that almost everything has a price, including justice. My cause has much merit, but it doesn’t have the required funds. Due to the lack of funds, I have been incarcerated since 1984 on the basis of false evidence. I seek help from one of those human beings that have both, an attraction toward meritorious social issues like my cause and the funds to dig the truth out by the roots. Such as Mr. Bill Gates and his foundation or Ms. Kim Kardashian and her organization or any other such person. I would like to reach out to the American society through the Internet web site GoFundMe. But even that is beyond my control from my prison bunk. [Note: We hope to have a GoFundMe appeal for Frank live soon.]

The government of the State of Florida is not going to help me make public the crimes that Janet Reno and the parents committed to realize my conviction and the conviction of my ex-wife Iliana Flores. The State of Florida is not going to conduct any meaningful investigation of my convictions to help me demonstrate that Iliana and I are totally innocent of every single charge that Janet Reno filed against us. WE ARE NOT GUILTY OF ANY OF THOSE CHARGES!!! If anything, the public officials want to do whatever it takes to avoid the national scandal that my convictions represent to the State of Florida. Who would want to pay the consequences for a 37 years crime???

TO BE CONTINUED.

FRANCISCO FUSTER-ESCALONA.

 

Blog #24. The Country Walk Case: Part Eight

Many people have asked me how it is possible that I have survived the hostilities of the life in prison for over 30 years, with my convictions of sexual child abuse, which received national publicity and resulted in a movie and several books. The answer has always been that my survival has been beyond my control. I credit the Divine Universal Consciousnesses that we call GOD. What other logical conclusion is there??? But I also recognize the proper use of my free will to always cultivate the type of thoughts that produce the energy that invokes the powerful and protective activity from the Divine Consciousness in my human experience. As a result, most egos can perceive the Christ Mind thorough me and honor it with kindness and respect toward my person. I try to keep connected to the Universal Consciousness constantly, which can be accomplished by anyone by simply staying in the NOW. ONLY THE NOW IS REAL. I have often been awaken in the middle of the night with an urge to urinate, to find my Mind in a dialogue with the Divine Consciousness. I AM GUIDED AND PROTECTED. I FEEL GOD’S LOVE. I FEEL THE CONNECTIVITY.

However, I AM NOT EGO FREE. To the extent that I identify myself with my ego worldly self, I am on my own. That applies to everyone, including you! Just like you, I must constantly keep my ego self under control to protect my peace. My ego self grew up in the South Bronx, in New York City, during the 60s. The New York Times designated the South Bronx as the most dangerous place in the United States during those years. The book The Cross and the Switch Blade, provides a fairly accurate description of my neighborhood. I had to fight to survive Public School 39 Public School 52 Benjamin Franklin High School and the Saint Mary Park, which was located on front of my uncle’s apartment. In addition to that background, as previously stated, I served almost four years in prisons of the State of New York, including two years in Auburn Prison, where I experienced a prison riot that lasted three days and left over 40 dead human beings, including some of the prison guards. It was a very horrible experience that left me with vivid traumatizing memories. During my current experience, sometimes I have unleashed my ego to have it protect my human body. Whether or not we are willing to accept it as the truth, all acts of aggressiveness and attacks are motivated by fear. As a result of fear, we attack.

When I began to serve my sentence in 1985, the Florida Department of Corrections assigned me to Florida State Prison, still the most dangerous place to serve time and the only place designated as a prison (The others are designated as institutions or as facilities). The day of my arrival the guards on duty were expecting me and had pasted a copy of a newspaper article about my convictions with my picture on the bulletin board of J Wing K Wing L Wing and M Wing (Those were the open population wings). One of the prisoners that was respected by everybody made me aware and we took them down together, but the harm had been done. I had 14 fights that first year, but I have never relied on a weapon to defend my body. And I never started a fight with no one. In fact, I avoided more fights than those that I had to take on.

One day a man walked up to my cell and impacted my life with the following statement: ‘Frank Fuster, if you continue fighting whenever people call you child molester, you will probably be fighting for the remaining of your sentence. Most of the confrontations in prison are limited to insults, not to actual violence. Look around you and see for yourself. You must understand that your convictions bring out the anger in many of these men here. I am not telling you how to do your time. It is just that God placed this message in my mind for you. Would you like to come to church with me?’.

I started going to church, notwithstanding the fact that I am not a believer. I had a Bible that a volunteer had given me at the Dade County Jail, but I had reservations about the allegations that the Jewish people had written down. Sometimes I felt like a hypocrite, because inside I was in a hell of my own design, full of hate and of a burning desire to take revenge. However, notwithstanding my rejection of the Bible, I enjoyed reading about the man called Jesus of Nazareth in the New Testament. Eventually I began to perceive that I had to forgive to be free from the hell under which I existed. That was a very long process. To be effective, I began to pray for the well-being of those persons that had contributed to have my wife and I convicted of crimes that had never taken place. Gradually, I traded my hate and my fears for the love of God. The fights and the confrontations had almost vanished. Only the prison guards continued harassing me. I learned how to rely on the Florida Department of Corrections Grievance Process to document major abuses of authority and to try to stop the harassments

I learned to adopt The Four Agreements based on Toltec wisdom:
1. Be impeccable with your words: Speak with integrity and love.
2. Don’t take anything personal: Nothing others say or do is because of you. They are only projecting their own reality, based on their ego self-thought system.
3. Don’t make assumptions: Ask questions as necessary to avoid misunderstandings. Express what you want clearly.
4. Always do your best: Your best is going to change from moment to moment. Select your current best now.

My road to a higher level of Divine Consciousness has been rough, but HERE I AM!

TO BE CONTINUED.

FRANCISCO FUSTER-ESCALONA.

 

Blog #23: THE BRONX, NEW YORK, 1969 MANSLAUGHTER CASE #69-277

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.

Blog 22. The Country Walk Case: Part Seven

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

When the truth is 100 times more horrible and unbelievable than the lies replacing it, most people would rather provide reality to the lies. That is just the nature of the ego thought system, which is based on fear, rather than on love. You see, honesty, justice and equanimity are attributions of love, and therefore of our Inner Spiritual Holy Self Consciousness. While fear, dishonesty and rage are attributions of the ego worldly self-thought system that by error each one of us has made to some degree during the human experience.

I am in the process of documenting the undiluted facts regarding my convictions in connection to my Case # 81-21904 and my Case # 84-19728-A, from the Eleventh Judicial Circuit Court of Florida, in Miami Dade County. The real facts of those two cases, especially the facts of Case # 84-19728-A, known nationally as the Country Walk Babysitting Case, are very horrible and therefore very unbelievable. It is so much more convenient for one’s psychic to accept without question that I am guilty, if not of both cases, at least of my first case in 1981. Nobody has cared enough to investigate and to confirm the accuracy of all the alleged facts in connection to my 1981 case.

A very good freelancer writer that has been serving as one of my most active champions for over 25 years, while acting with very good intentions, has told me that because I have already finished serving the entire 15 years sentence that I received for my 1981 case, that I should only focus my efforts in getting the convictions of my 1984 case vacated. While I recognize the logic behind such an advice, because now only my 1984 case is keeping me illegally incarcerated, I most respectfully refused to follow it. Therefore, I am dedicating my blogs equally to both cases, because from my perspective, a partial truth is not the truth. Both cases are connected in several ways. First of all, I AM TOTALLY INNOCENT of both cases. The evidence of my innocence in connection to my 1981 case is three times more convincing and documented by the court records, than that which is available for my 1984 case. ALSO, MY MAIN OBJECTIVE IS NOT TO BE RELEASED FROM PRISON, although that would be a very welcomed outcome. What sane mind would want to have its human body incarcerated for crimes that never existed???

However, my main objective is to have the State of Florida publicly recognize that, in connection to my Case #81-21904 and to my Case #84-19728-A, I WAS CONVICTED WITH ONLY FALSE EVIDENCE. THAT NINE-YEAR-OLD MISS R.R. WAS NEVER MOLESTED BY ME AND THAT THE COUNTRY WALK BABYSITTING CASE CHILDREN WERE NEVER MOLESTED BY ME OR BY MY EX-WIFE ILIANA FLORES. Both cases were created with false allegations by parents that were employed as law enforcement agents that knew each other that conspired together to get me convicted of their lies and that acted in pursue of realizing their own secret agendas. Both cases were fabricated under the approval and directions of Miami Dade County Prosecutor Miss Janet Reno. Without the 1981 case, the 1984 case would not have existed. Let me give you another evidence of my innocence in connection to my 1981 case:

What sane mind would have invested $11,250.00, to have a conviction vacated after the entire sentence was served??? NONE!!! Unless one is totally innocent of that conviction and that the value that is placed on the truth is beyond the funds invested.

With my earned gain time I finished completing my 15-year sentence for Case #81-21904 in 1989 (Upon arriving at the Florida Department of Corrections, 33% of my sentence was eliminated. Subsequently, I received one day of gain time for each day served, plus credit for the time served at the Miami Dade County Jail).

In 1991 I hired [REDACTED] through one of its professors (Attorney [REDACTED]), to have my 1981 case vacated. (As it turned out, [REDACTED] had lied and misrepresented the facts to me. My two years legal deadline to file a post-conviction motion under Fla.R.Crim.P. 3.850 to have the conviction vacated based on manifested injustice claims, had expired. A fact that had to be well known by [REDACTED] when he took my money, because prior to signing a contract with me he had reviewed the record of that case.

[REDACTED] convinced me that my case was an exception based on manifested injustice claims, which as fundamental errors were an exception to the two years legal deadline, which was true in part, when those claims are properly drafted and filed. In a poor effort to cover up his crime, [REDACTED] filed a motion which was rejected by the court as insufficient and failing to provide any claim under which any relief could have been granted. Subsequently, [REDACTED] returned $2,500.00 and stated that there was nothing that he could do for me.). Logic indicates that if I had had any guilt in my brain whatsoever, I wouldn’t have spent that high amount of money to have my conviction vacated. That is plain common sense. I have never been a rich man. For me, those $11,250.00 represented a very high amount, being in prison without any income at all. I made a big sacrifice to defend the truth.

Ms. R.R. is now about 39 years old. It is important for me to have her become fully aware of the truth. That also applies to all the people that were babysat by Iliana and by her cousin Maritza during 1984. Should any of them ever wish to contact me, I am available. My location can be found by calling the Florida Department of Corrections at (850) 488-7480.

TO BE CONTINUED.

FRANCISCO FUSTER-ESCALONA, #821200.

 

Blog 21. The Country Walk Case: Part Six

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.

Blog #20. The Country Walk Case: Part Five

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

If you decide to read Satan’s Silence, which I recommend, you will read how the State of Florida subjected my 17-year-old young wife from Honduras to mental and physical torture, to coerce her into changing her not guilty plea and to testify against me. Since Ms. Nathan has a higher level of credibility, I am limiting my disclosure to the same information that you could confirm with her book. Ms. Nathan had the ability to interview some of the staff members from the Dade County Jail for Women, as well as Dr. Michael Rappaport (Phonetic), Psychologist, from Behavior Changers, who was hired by Iliana’s own attorney, Mr. Michael Lee Von Zamft, and by Janet Reno, to hypnotize Iliana in order to induce her to stop claiming that we are 100% innocent of every charge, which was her position for over ten months.

The physical torture consisted in keeping her naked in a very cold cell with the lights turned on 24 hours per day In sleep deprivation as a result of those conditions and as a result of the guards waking her up constantly. Also the denial of the required medical care for pains and for skin rashes.

The mental torture consisted in being incarcerated without having committed any type of crime in being constantly insulted in being on the daily news for over one year accused of horrible crimes that never existed in being subjected to show her naked body to everyone passing by her cell, men and women. And from time to time, Janet Reno took her out of the jail in the nighttime to take her to eat in nice restaurants, and then returned her to her cell. According to the records, Dr. Rappaport had to conduct 34 hypnotic sessions with Iliana to alter her brain’s memories to the point required to turn her into an effective witness for Janet Reno’s prosecution team.

Dr. Rappaport had success in manipulating Iliana’s thought system into projecting as facts many insane imaginations of sexual and non-sexual nature, some of which were so unnatural and crazy, that the prosecutors declined to use in my trial. Actually, Iliana took the lead among all my enemies and became Janet Reno’s star witness against me. Not only she accused me of abusing the children, but of abusing her as well. Four of the six juror that decided the outcome of my trial told a reporter from the Miami Herald that without the statements from Iliana, they would have voted for a not guilty verdict.

Iliana was allowed to call me when we were first arrested. I had access to a telephone in my cell for about four hours every day. She was also allowed to visit me at ICT (A JAIL) about once monthly. So she was able to keep me informed about her conditions at the Dade County Jail for Woman. Those privileges ended soon after Dr. Rappaport entered the picture. When Iliana informed me that her attorney had urged her to accept a ten-year plea bargain offer, I told her to refuse it and she agreed. I told her to fight against the lies against us. Again she fully agreed. We had the same conversation two more times with the same identical conclusion. Had she honored her commitment to defend the truth, both of us would have defeated Janet Reno.

I asked her to fire Michael Von Zamft, and after that we were not allowed to have further communication. One day [REDACTED] informed me that she had accepted the deal of ten years. I got sick. I cried in my cell. But could I have blamed her? One day we were allowed to sit next to each other while waiting to attend a court hearing, and she tried to establish communication, however I remained in silence, mostly because, if I had spoken, it would have been to induce her to do what I considered as the right thing to do, to take her case to trial. But I was scared to be the cause of she receiving a life sentence. I was scared to misguide her. Therefore, with my silence I let her follow her intuition without my interference. It was a very painful moment that has perpetually lingered in my brain. Even now, about 36 years later, as I write these statements, I feel my tears rolling down my face.

In order for Judge Robert Newman to accept Iliana’s guilty plea, he had to ignore his spiritual duties and his moral duties: the laws of the State of Florida and the Florida Rules of Court. He wasn’t acting on behalf of the truth and on behalf of justice. Instead, Mr. Newman was serving his ego’s personal agenda. This is a fact because Mr. Newman heard Iliana’s statements, clearly placing him on notice that she is innocent of all the charges against her. And above all, because Judge Newman knew that when Iliana declared that she is totally innocent, she was declaring the truth.

But Mr. Newman didn’t care about the truth. Instead, he was anxious to accept Iliana’s coerced and involuntary guilty plea to help Janet Reno accomplish her victory over the truth, over justice, and over the United States Constitution legal rights to due process of law. Not only that, Judge Newman knew that the laws of the State of Florida strictly prohibited him from accepting a change of plea from a not guilty plea to a guilty plea, from a defendant that had been subjected to mind altering psychological manipulative hypnotic sessions. Judge Newman’s duties were to reject Iliana’s illegal and false guilty plea, and to either have the bogus case against her dismissed, or to set a day for her trial and make sure that she received a just and fair trial. Legally, Iliana has a valid claim of manifest injustice, which is a fundamental error that can be raised at any time and could move to relinquish her guilty plea and demand a trial by jury. I bless her human experience with God’s LOVE

TO BE CONTINUED.

Francisco Fuster Escalona

Blog #19. The Country Walk Case: Part Four

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

When I first heard that my son had tested positive for Neisseria Gonorrhea in his throat, I wanted to hurt someone. Never throughout my entire human experience had I experienced that level of rage and of hate. My imagination gave me the worse scenarios to choose from for me to adopt as facts. I tortured my own self with horrible conclusions as to how my child had tested positive for that disgusting sexual disease. I prayed and cried for hours at a time for some insight. Samek was not answering my telephone calls to answer my questions.

It was through my family that I was able to learn that my son’s mother, who has always defended me, had taken our son outside Dade County to be retested. However, retesting was impossible because the Jackson Memorial Hospital Rape Treatment Center claimed that they had injected our son with Penicillin. When Samek went to see me at the Dade County Jail, he infuriated me even more with his insane idea that Joseph Braga had given my son the bogus gonorrhea. Samek had faith in the integrity of the test. However, by that date my Inner Divine Consciousness had revealed the truth to me: That the allegation that my son had gonorrhea was a lie to get me convicted.

Therefore, I asked Samek to file a motion to have the culture retested at a private laboratory. He complied. At the court hearing we discovered that Janet Reno had ordered the Jackson Memorial Hospital to discard the culture, which should have been preserved for my trial’s discovery process as medical legal evidence. They deprived me of my legal rights to due process of law to defend myself and to show that Janet Reno and the Jackson Memorial Hospital had created false evidence to get me convicted at the expense of my child. That was the only physical evidence against me and it got me convicted due to Samek’s ineffective representation in failing to have that bogus evidence suppressed.

Janet Reno also manipulated the Bragas, inducing them to believe that the bogus gonorrhea test was legit and that my child had the gonorrhea infection. As a result, from that point on the Bragas acted under the premises that my son had been victimized and that I was the sick mind that had done it. They conducted a Gestapo type of drilling on my six-year-old child for SEVEN CONSECUTIVE HOURS. Up to that point, my son had been denying for months that any sexual abuse had taken place at our house. Subsequently, to put an end to the torture to which he was being submitted while his mother was crying, my son told the Bragas that if I in fact had put my penis in his mouth as they were claiming, that I must have done it while he was asleep, because he had no memory of that event.

I was tested for gonorrhea with a real test, which requires that the culture remains in the Petri Tray for at least 24 hours. I TESTED NEGATIVE! I have never had any type of sexual disease. My son was tested with the Rapid NH System, which, can determine the presence of Neisseria, but cannot pinpoint which one out of about 17 types, out of which 16 ARE HARMLESS AND HARBOURED BY THE HUMAN BODY, like those Neisseria organisms that are produced by the common cold. And yes, that test that my son received had to come out positive, because my child had a common cold at that time. I have reports from the Center For Disease Control backing up all these statements. NO ONE HAS EVER SEXUALLY ABUSED MY SON.

The parents continued meeting at the Country Walk Clubhouse every evening to feed lies to each other to be subsequently used against Iliana and me, such as the lie that Iliana had them wait for five minutes to open the door. That they had seen me in the house during the time that Iliana and her cousin Maritsa Betanco, who lived with us for almost six months in 1984, babysat their preschool children. All the lies had the objective to get me convicted.

The Landises were the leaders from the get-go, and they were the first family to file a multi- million dollars civil action, which was filed soon after my arrest, about two to three weeks after, as. if it had already been drafted prior to my arrest. At least in part. About seven more families joined them. Right after my conviction, all the families accepted up to $1,200,000.00 per child. At my expense and at the expense of my son of my wife of their own children and of the truth, they reached the American Dream. The Miami Herald reported that they pre-paid their mortgages purchased new cars, et cetera.

Janet Reno was also rewarded. She received the required number of votes to win reelection as the Dade County State Attorney. Subsequently, President Bill Clinton rewarded her with the position of United States Attorney General. Assistant State Attorney John Hogan, who was my actual prosecutor, was rewarded with the position of Statewide Prosecutor, but he lost it for negotiating with stolen properties. Many other individuals got something out of the case.

Satan’s Silence, by Debbie Nathan, provides extensive information about the Country Walk Case. A copy can be ordered by calling (800) 331-3761. The book has two objectives: To tell the nation that my wife and me are innocent of all the charges in connection to the Country Walk Case and to tell the nation that the book by Jan Hollingsworth under the title Unspeakable Acts, which Jan drafted from an omniscient point of view, is a fictional work that Jan created at the request and expense of her friend Laurie Braga, to provide support to Jane Reno’s crimes in the Country Walk Babysitting Case. Thank you Ms. Debbie Nathan. I hope to meet you in person one day.

TO BE CONTINUED.

Francisco Fuster-Escalona