Darkness Prevails – Being Lost in the criminal justice system ( Mental Illness)

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A man’s life changed dramatically when sent to prison after the public defender’s effort fell short. Atty RP. Foley and another atty intervened with the help of Dr. Brannon, a renowned psychologist. they convinced the judge to vacate the sentence. A new plea deal involving Mental Health probation was struck, reducing the charge to burglary of a structure and Petit theft. Attorney Foley recently discovered that a new judge, prosecutor, and public defender reinstated the original charges, after a VOP, ignoring the changes made in court and the defendant was sent to prison. This highlights the flaws in the system.
Part of my motion to vacate: COMES NOW, the Defendant, XXXXXXXXXXXXXXXXX, by and through his undersigned counsel, and moves this Honorable Court pursuant to Florida Rules of Criminal Procedure 3.850(a)(5) and 3.850(a)(6) to vacate the Guilty plea and sentence rendered in this matter on November 10, xxxx, and as grounds therefore would state the following:
1.     On September 27, XXXX, the Defendant was charged with Burglary of an Unoccupied Dwelling and Petit Theft.
2.     The Defendant’s prior attorney argued a Motion for Downward departure on the charges before this Honorable Court which was ultimately denied. The Defendant was subsequently sentenced to two years Florida State prison.
3.     There were additional factors imperative for a Downward Departure hearing that were not brought before this Honorable Court.
4.     This was the Defendant’s first criminal offense; the Defendant had lead a crime-free life until the date of the alleged Burglary.
5.     The Defendant was born in Haiti and immigrated to the United States at the age of 10.
6.     The Defendant did not graduate high school as he was Baker Acted at the age of 15 and spent a period of time in a State Mental Institution.
7.     Once the Defendant was released from the institution, he was placed with the xxxxxxxxxxxxxxx Florida where he was given psychotropic medication for his mental illness.
8.     The Defendant resided with his single mother who provided for him and assured he was receiving his medication until she passed away three years ago. At that point, the Defendant became homeless.
9.     The Defendant managed to contact XXXXXXXXXXX Mental Health Hospital where he was assigned a social worker, XXXXXXXXXXXXX, and placed in an outpatient daily program.  This program picked the Defendant up daily and brought him to the center where he attended counseling, received his medication monthly, and was provided modest housing with other mental health patients.  The Defendant’s social worker was also able to temporarily acquire SSI benefits for the Defendant based on his mental health condition.
10.  After the Defendant’s arrest, he was no longer provided the medication he had previously been prescribed to maintain his mental health issues. The Defendant remained in custody throughout the duration of the case, approximately 15 months, and was never placed on pretrial release or provided the appropriate medication.
11.  On April 20, XXXX the Defendant was evaluated by Dr. XXXXXXXXXXXXXXX who verified the Defendant’s mental status in a written report that was never presented before the Court, and noted that the Defendant’s mental status could be subject to rapid decomposition if not treated properly.
12.  After the Downward Departure Hearing, the undersigned filed a Notice of Appearance and was ultimately able to have the Defendant evaluated by Dr. Michael Brannon, who also verified the Defendant’s mental disorder and need for medication and treatment.
13.  Due to his mental condition and lack of proper medication, the Defendant was previously unable to articulate this information to the Court or appropriately assist in his defense.
14.  Additionally, based on the Discovery the Defendant was incorrectly charged. The Defendant should have simply been charged with Trespass and Petit Theft.
15.  As charged, Burglary of an Unoccupied Dwelling requires an element of intent that when the Defendant entered the property, he did so in order to commit an additional offense. A sworn statement by the alleged victim indicated that she spoke to the Defendant who indicated that the only reason he was in her home was because he was seeking shelter, “that he was homeless and had nowhere to stay.”
16.  Additionally, statements given by the Defendant to the police post-Miranda­ clearly indicate that his only intent to enter the property was to seek shelter. The acquiring of the one earring of a pair and one bracelet less than ten dollars in value was a mere afterthought to the Defendant after having already spent the night in said residence.
17.  Had the court been advised of such statements by the State Attorney’s Office and prior Defense Counsel, undersigned counsel believes that this Honorable Court would not have found a sufficient factual basis to sustain the charge of Burglary of an Unoccupied Dwelling to accept the Defendant’s plea.
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