Professional Documents
Culture Documents
November 5, 2015
GENERAL:
1.
Name
0434280
E-nnaii: _BetsyB_ensonEsg^maiLcom
.Ai
N/A
State current employer and title, including professional position and any public or
judicial office.
3.
Business address:
th
201 SE 6m
Street, Suite3872
County JBrpward
State
FAX
FL
ZIP 33301
(954)831-8866
Residential address:
,-f^lwMf,,^Itm/^,
City
Since
County _BR
November 27,1997
State FL
ZIP
Telephone
ff/^^WM^v
5.
Age:
6a.
6b,
7.
Marital status:
If married:
56
II.ULIU.T
B reward
siasie
v.w.v.^u^
Spouse's name
N/A
Date of marriage
N/A
"- - ~ff --.-^"^^-^
Spouse's occupation
N/A
.-/tlM^F.U.WWA'A-AM^
If ever divorced give for each marriage name(s) of spouse(s), current address for each
former spouse, date and place of divorce, court and case number for each divorce.
N/A
Rev.l00209-OGC
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Children
8.
Name(s)
9.
Age(s)
N/A
Same
Branch
Highest Rank
Dates
N/A
N/A
N/A
N/A
N/A
Type of discharge
-.^.-.-.-.nT--L-
Awards or citations
HEALTH:
No.
Ha, During _the^last ten years have you been hospitalized or have you consulted a
11 b. In the past ten years have any of the following occurred to you which would interfere with
your ability to work in a competent and professional manner?
Experiencing periods of no sleep for 2 or 3 nights
Experiencing periods of hyperactivity
.
Rev. I0020.9-OGC
or
Defaulting on a loan
Uncontrollable tiredness
Yes
Yes D
No
12b. If your answer to the question above is Yes, are the limitations or impairments caused by
your physical or mental health impairment reduced or ameliorated because you receive
ongoing treatment (with or without medication) or participate in a monitoring or
counseling program?
Yes D No D
Describe such problem and any treatment or program of monitoring or counseling.
13.
During the last ten years, have you ever been declared legally incompetent or have you
or your property been placed under any guardianship, conservatorship or committee? If
yes, give full details as to court, date and circumstances.
No.
14.
During the last ten years, have you unlawfully used controlled substances, narcotic
drugs or dangerous drugs as defined by Federal or State laws? If your answer is "Yes,"
explain in detail. (Unlawful use includes the use of one or more drugs and/or the
unlawful possession or distribution of drugs. It does not include the use of drugs taken
under supen/ision of a licensed health care professional or other uses authorized by
Federal law provisions.)
No.
3
Rev. 100209-OGC
15.
in the past ten years, have you ever been reprimanded, demoted, disciplined, placed on
probation, suspended, cautioned or terminated by an employer as result of your alleged
consumption of alcohol, prescription drugs or illegal use of drugs? If so, please state the
circumstances under which such action was taken, the name(s) of any persons who took
such action, and the background and resolution of such action.
No.
16,
Have you ever refused to submit to a test to determine whether you had consumed
and/or were under the influence of alcohol or drugs? If so, please state the date you
were requested to submit to such a test, the type of test required, the name of the entity
requesting that you submit to the test, the outcome of your refusal and the reason why
you refused to submit to such a test.
No.
17.
In the past ten years, have you suffered memory loss or impaired judgment for any
reason? If so, please explain in full.
No.
EDUCATION:
Archbishop Curtey
High School, Miami,
FL
C/ass Standing
Dates of Attendance
Degree
no info
available
1973-1977
High School
Diploma
University of Florida
1977-1978
Rotlins College
1978-1981
Bachelor of Arts
1981-1984
Juris Doctorate
Nova Southeastern
University
18b, List and describe academic scholarships earned, honor societies or other awards.
Senior Class President, Archbishop Curley High School
NON-LEGAL EMPLOYMENT:
19.
List all previous full-time non-legal jobs or positions held since 21 in chronological order
and briefly describe them.
Date
Pos/Y/bn
Employer
Address
1993-1994
Owner/Editor
OutPages, Inc.
no longer in business
1989-1991
Owner
Big Bang
no longer in business
Rev. 100209-OGC
PROFESSIONAL ADMISSIONS:
20.
List all courts (including state bar admissions) and administrative bodies having special
admission requirements to which you have ever been admitted to practice, giving the
dates of admission, and if applicable, state whether you have been suspended or
resigned.
Court or Administrative Body
Date of Admission
Federal Bar
1992
LAW PRACTICE: (If you are a sitting judge, answer questions 21 through 26 with reference
to the years before you became a judge.)
21.
State the names, dates and addresses for all firms with which you have been associated
Name of Firm
Position
Dates
Please see
attached.
22.
Describe the general nature of your current practice including any certifications which
you possess; additionally, if your practice is substantially different from your prior
practice or if you are not now practicing law, give details of prior practice. Describe your
typical clients or former clients and the problems for which they sought your semces.
Please see attached.
23.
What percentage of your appearance in courts in the last five years or last five years of
practice (include the dates) was in:
Area of Practice
Court
Federal Appellate
Civil
Federal Trial
Criminai
Federal Other
Family
State Appellate
Probate
Other
State Trial
100 %
State Administrative
State Other
%
5
Rev. 100209-OGC
Name of Firm
Law Clerk
Address
Dates
1984
10/84-12/88
1/1989-10/92
1/93-10/94
10/94-2004
Staff Attorney
Adjunct Professor
Trial Advocacy course
Lawyers Skills and Values
Psychology and Criminal
Procedure
2001-2003
Cej^er, ^Nova'S&uttiCBSfern
Partner
2004
2005-present
Q.uestion 22: Describe the general nature of your current practice, including any certifications
which you possess. Additionally, if your current practice is substantially different from your prior
practice, or if you are not now practicing law, give details of your prior practice. Describe your
typical clients, or former clients and the problems for which they sought your services.
Since 2011,1 have handled death penalty cases exclusively on behalf of Mr. Finkelstein's office.
am certified to try death penalty cases pursuant to the Supreme Court's guidelines as codified
in the Florida Rules of Criminal Procedure. These cases are very involved on many levels,
namely: fact investigation in discovery, research into scientific issues, the vetting, use, and
examination of experts, and myriad legal issues involving admissibility of evidence, the
constitutionality of Florida's death penalty scheme and its application to my client's case, and
the State's evidence to support it. The cases are time intensive in and out of the courtroom.
Our defense team is the last advocate of our client.
From 2009 to 20111 handled 'direct file' cases for Mr. Finkelstein. All children who were
charged as adults and could not afford counsel were defended by myself and Ms. Nadine
Girault. I challenged the State's decision to charge children in adult court on numerous
occasions. I also worked with Maria Schneider, Chief Assistant State Attorney, to avoid direct
filing my client's cases through juvenile sanctions, placement in programs, and other alternative
resolutions. I tried several juvenile cases in adult court. I also worked with the Department of
Juvenile Justice in hopes of redirecting children into other programs.
From 2005 to 2009 I trained new hires for Mr. Finkelstein. I worked with young lawyers on
discovery, motion practice, trial preparation, client relationships, and trial. I helped young
lawyers prepare and argue motions to suppress, dismiss, compel, participated in many hearings
and trials with young attorneys and consulted on attorney promotions and placements.
From 2004-2005 I partnered with attorney Amy McGrotty in a firm focusing on real estate
transactions, mainly foreclosures, evictions and closings. I worked with clients to close real
estate transactions, review and approve real estate documents, advocate on behalf of clients
regarding fees and costs for closing, resolve title issues, and explain complex mortgage and
bank transactions. I handled commercial and residential evictions in Dade and Broward courts.
From 1993 to 2004 I worked for Public Defender Alan S. Schreiber as a trial attorney in several
felony divisions and as the supervisor of the domestic violence divisions. I appeared before
Judge Geoffrey Cohen/ Judge Lee J. Seidman and Judge Robert Lee on a regular basis. I advised
and supervised felony and misdemeanor lawyers on their caseloads. I went to trial regularly
and co counseled with lawyers at trial. I handled major crimes in the division while working
with young lawyers.
From 1991-1993 I was a staff attorney for Legal Aid of Broward County. My focus was on
obtaining social security and unemployment benefits for those who had been denied benefits.
researched the effects of disabilities and the treatments and medications for them, the
availability of work or retraining in tight of the client's age and limitations, and prepared for
hearing on behalf of the client. I also researched unemployment issues and prepared witnesses
and clients for administrative hearings on these claims.
From 1989-19911 was a division lawyer and was before several Orange County Circuit Judges
on behalf of Joe DuRocher, Public Defender in the Ninth Circuit.
From 1984-1989 I was a trial attorney in several misdemeanor divisions and in the felony
division of Judge Harry Hinckley and Judge Mark E. Polen here in Broward as an assistant to Mr.
%
100 %
TOTAL
24.
100 %
TOTAL
In your lifetime, how many (number) of the cases you have tried to verdict or judgment
were:
Jury?
approx. 91
Arbitration? 0
Non-jury?
Administrative Bodies?
10
^-.^-A"."
25. Within the last ten years, have you ever been formally reprimanded, sanctioned
demoted: disciplined, placed on probation, suspended or terminated by an employer or
tnbunaTbefo7elwhJch you have appeared? If so, please state the circumstances under
which~such action was taken, the date(s) such action was taken, the ^name(s) of any
persons who took such action, and the background and resolution of such action.
No.
26.
In the last ten years, have you failed to meet_any_ deadline imposed by court order or
received'notice that you have not complied with substantive requirements of any
business or contractuai arrangement? If so, please explain in full.
No.
(Questions 27 through 30 are optional for sitting judges who have served 5 years
or more.)
27a. For your last 6 cases, which were tried to verdict before a juryor arbltrationPanelortrie(;i
ioVdgmentbefo.eaiudge, list the names and telephone numbers of trial counsel on all
sides and court case numbers (include appellate cases).
Case No. 10-000170CF10A Def: Bruce Price, Assistant State Attorney: John
Countryman, Esq. (954) 831-6955
Case No. 07-23026CF10A Def: Ronald Smith Assistant State Attorney: Peter Holden,
Esq. (954) 831-6955
Case No. 08-22027CF10A Def: Terrance Taylor, Assistant State Attorney: Neva Smith,
Esq. (954) 831-6955
Case no. 09-18637CF10A State vs. Elton Walters, Assistant State Attorneys: Steven
Zaccor, Esq. and Thomas Coleman, Esq. (954) 831-6955
Case No. 11-10935CF10A State vs. Leroi Morris, Assistant State Attorney: Greg
Rossman, Esq. (954) 424-3306
Case No. 14-8623CF10A State vs. Kirk Nelson Tang Yuk, Assistant State Attorney:
Michael Horowitz, Esq. (954) 831-6955
27b. For your last 6 cases, which we re settled in mediation or settled wlthout mediation or
trial,''list the names and telephone numbers of trial counsel on all sides and court case
numbers (include appellate cases).
6
Rev. 100209-OGC
State of Florida vs. Stanley Beasley 11-14361CF10A Assistant State Attorney Alberto
Ribas, Esq, (954)831-6955
State of Florida vs. Patricia Brennan 14-7488CF10A Assistant State Attorney Thomas
Coleman (954) 831-6955
State of Florida vs. Cecil Weekes 09-14395CF10A Assistant State Attorney Sherry Tate
(954) 831-6955
(I have no other cases that have settled without trial in the last five years. I have
succeeded in obtaining death waivers and then gone to trial on a life maximum).
27c. During the last five years, how frequently have you appeared at administrative hearings?
0 average times per month
27d.
During the last five years, how frequently have you appeared in Court?
20 average times per month
27e, During the last five years, if your practice was substantially personal injury, what
percentage of your work was in representation of plaintiffs? N/A%
Defendants?
%
28.
If during any prior period you have appeared in court with greater frequency than during
the last five years, indicate the period during which this was so and give for such prior
periods a succinct statement of the part you played in the litigation, numbers of cases
and whether jury or non-jury.
Same frequency.
29.
For the cases you have tried to award in arbitration, during each of the past five years,
indicate whether you were sole, associate or chief counsel. Give citations of any
reported cases.
N/A
30.
List and describe the six most significant cases which you personally litigated giving
case style, number and citation to reported decisions, if any. Identify your client and
describe the nature of your participation in the case and the reason you believe it to be
significant. Give the name of the court and judge, the date tried and names of other
attorneys involved.
Please see attached.
31.
Attach at least one example of legal writing which you personally wrote. If you have not
personally written any legal documents recently, you may attach writing for which you
had substantial responsibility. Please describe your degree of involvement in preparing
the writing you attached.
I wrote the attached Motion.
32a. Have you ever held judicial office or been a candidate for judicial office? If so, state the
court(s) involved and the dates of service or dates of candidacy.
-I
/
Rev. 100209-OGC
am currently a candidate for the office of County Court Judge, Group 13.
32b.
Name of Agency
Dates
32c. Have you ever held or been a candidate for any other public office? If so, state the office,
location and dates of sen/ice or candidacy.
N/A
32d.
List the names, phone numbers and addresses of six attorneys who appeared
before you on matters of substance.
N/A
t.
(ii)
Describe the approximate number and nature of the cases you have handled
during your judicial or quasi-judicial tenure.
N/A
(iii)
N/A
(iv)
List citations or styles and describe the five most significant cases you have tried
or'heard/ldentify the parties, describe the cases and tell why you believe them to
(V)
Has a complaint about you ever been made to the Judicial Qualifications
Commission? If so, give date, describe complaint, whether or noUherewas_a
(VI)
Have you ever held an attorney in contempt? If so, for each instance state name
N/A
(vii)
N/A
8
Rev. 100209-OGC
Defense Team: Assistant Public Defenders George Reres,Esq., Melisa McNeili, Esq. and myself
Jury Trial May30-June 15, 2012
Mr. Taylor was charged with bludgeoning a friend to death in furtherance of the crime of
robbery. The State sought death in this case. Our mitigation investigation revealed that
Terrence was the son of a drug addicted mother and an absentee father. Terrence was one of
several children, all of whom were in and out of foster care. Terrence's one stable home, that
of his Aunt Mozie was taken from him when his mother regained custody, oniy to lose him to
the justice system. Terrence was arrested at age 15 for aggravated battery. We found the
'victim' in this case who said that the incident was mutual combat between two school boys,
not a second degree felony. No one had consulted the victim when Terrence was committed to
the juvenile justice system. Shortly after his release from commitment, Terrence was arrested
for purse snatching. At sixteen years old, he was filed on as an adult and sentence to ten years
prison. Within a year of his release, Terrence was arrested in this case. We made a
presentation to the State Attorney's office that outlined the life of our client. Just one month
before our trial was to commence, the State Attorney agreed that the death penalty was not
appropriate in Mr. Taylor's case. The day we told our client that his life was not in jeopardy was
unforgettable.
The trial raised numerous issues regarding the reliability of cell site evidence/ the credibility of a
case based entirely on circumstantial evidence/ and other evidentiary issues.
The jury found Mr. Tayior guilty as charged and he was sentence to life in prison without the
possibility of parole. This case is presently on appeal.
Charge: 1. First Degree Murder, 2. Armed Burglary, 3. Armed Robbery 4. Sexual Battery
Hon. Jeffrey Levenson, Trial Judge
Mr. Steven Zaccor, Esq., Mr. Thomas Coleman, Esq. Assistant State Attorneys
Asst. Public Defenders Melisa McNeill, Esq. and myself- Defense
th
th
October 14In - November 7, 2013 Jury Trial, March 5ln - March 13, 2013 Penalty Phase
This case involved a brutal murder where the State sought the death penalty. The case was
very involved - we filed over 150 motions involving suppression of evidence; Florida's death
penalty process and its constitutionality, the aggravators the State intended to present, and the
evidence we sought to put before the jury during the guilt and penalty phases,
Mr. Walters was 62 years old at the time of the murder. He had led an exemplary life; 35 years
with Amtrak, a pension, 3 children, two grandchildren, a wonderful reputation in the Caribbean
community in Dade County, and loving, close friendships from all over the United States and his
home country of Trinidad.
The victim was a 92 year old woman who lived in the townhomes that Mr. Walters worked in as
a maintenance man. She lived independently. She was found by her granddaughter after calls
to her went unanswered. The evidence against Mr. Walters was substantial; forensic evidence
placed his DNA at the scene, the items stolen from the victim's home were in Mr. Walters'
truck, and Mr. Walter's confession.
The jury found Mr. Walters guilty on two of the three counts.
The penalty phase in this case lasted over a week. We presented 34 character witnesses who
testified that Mr. Walters had changed their lives for the better, that he continued to be a
fundamental part of their lives, and that Mr. Walters' death would deeply affect them. After
deliberating for nine minutes, the jury unanimously recommended life without parole for Mr.
Walters.
Case: State of Florida vs. Leroi Morris Case no. 11-1490CF10A First Degree Murder, Second
th
th
Degree Murder, Armed Robbery April 28ln through May 7ln, 2014
Judge Jeffrey Levenson, State Attorney Greg Rossman Co-counsel Melisa McNeill
These charges stem from a robbery during which Mr. Morris' codefendant and the victim were
killed. Our defense was that Mr. Morris did not know that a robbery was to take place. We
argued a motion to dismiss based on the lack of evidence that Mr. Morris knew of the robbery
or the existence of a firearm, or his codefendant's intent to use the firearm. The Jury found Mr.
Morris guilty as charged and he was sentenced to life in prison without parole. This case is on
appeal.
<s
(3
FINANCIAL HISTORY
1.
State the amount of gross income you have earned, or losses you have incurred (before
deducting expenses and taxes) from the practice of law for the preceding three-year
period. This income figure should be stated on a year to year basis and include year to
date information, and salary, if the nature of your employment is in a legal field.
Please see
attached
Employee
Earnings
Current year to date
Statement
2012 attached
2013 attached
2014 attached
-^f.
2.
State the amount of net income you have earned, or losses you have incurred (after
deducting expenses but not taxes) from the practice of law'for the preceding three-year
period. This income figure should be stated on a year to year basis and include year to
date information, and salary, if the nature of your employment is in a legal field.
Current year to date
List Last 3 years
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3.
State the gross amount of income or loses incurred (before deducting expenses or
taxes) you have earned in the preceding three years on a year by year basis from all
sources other than the practice of law, and generally describe the source of such income
or losses.
State the amount of net income you have earned or losses incurred (after deducting
expenses) from all sources other than the practice of law for the preceding three-year
period on a year by year basis, and generally describe the sources of such income or
losses.
14
Rev. 062414-OGC
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.Ak
BOBER
vs.
KEVIN PRATT
7
Defendant
The Accused, through the undersigned attorney, requests an Order authorizing the court
reporter to provide a transcript of the Grand Jury proceedings resulting in the Indictment in this
case, and as grounds therefore states the following:
1.
Mr. Pratt will demonstrate a particularized need for the transcript of the testimony
based on the facts and law as set out in this motion and introduced at hearing in this matter.
3,
Mr. Pratt is accused in the Indictment of three counts of 1st Degree Murder and 1
count of Attempted 1st Degree Murder. The State of Florida is seeking the death penalty.
4.
The Office of the Public Defender has been appointed to represent Mr. Pratt.
5.
On February 20, 2015, hearing was held on Mr. Pratt's Motion For Grand Jury
Testimony ofCamile Hamilton. On that date, and on February 26, 2015, this Honorable Court
ordered that the State provide Mr. Pratt with the transcript of the Grand Jury testimony ofCamile
Hamilton. On July 1, 2015, the Fourth District Court of Appeals ordered an in camera review of
the transcript ofCamile Hamilton's testimony before the grand jury that resulted in the
Indictment of Mr. Pratt.
FACTS:
On or about August 17, 2009, Ms. Camile Hamilton, Davion Bishop and Nekitta
Hamilton were approached by an individual at gunpoint in the driveway of 9581 Encino Street,
Miramar, Florida. Eventually the perpetrator forced those individual inside and upstairs to the
master bedroom of the home which was occupied by Faith Bisasor. The perpetrator shot each
of the four individuals in the head. Injuries sustained to Davion Bishop, Nekitta and Faith
Bisasor were fatal. Ms. Camile Hamilton survived the assault and when she became conscious
she went downstairs and contacted a neighbor who subsequently called 911. Ms. Camile
Hamilton was taken to Memorial Regional Hospital where she received medical care. Ms.
Camile Hamilton is the only surviving victim of this incident and the only eyewitness.
Over the course of this investigation and during case preparation (excluding grand jury
testimony) Ms. Camile Hamilton has given twelve (12) independent sworn statements, including
her deposition taken on April 4, 2014. Additionally, Detective Toyota advised in his sworn
deposition that he took several additional unrecorded statements from Ms. Camile Hamilton.
The documented statements were taken from August 16, 2009 until April 4, 2014.
During the course of an ongoing deposition, the defense has discovered countless
additional times that Ms. Hamilton has contacted law enforcement, been contacted by la\\.
The reports and transcripts reflect that Ms. Hamilton has given over 12 sworn statements
in this case. During those statements that were made available to the defense, Ms. Hamilton has
given materially inconsistent responses in the many areas. Florida Statutes Section 905.27(1 )(a)
provides for an exception to the normal secrecy provide grand jury testimony in order to
ascertain "whether it is consistent with the testimony given by the witness before the court.
Because of the material inconsistencies in Ms. Hamilton's statements, this Court should order
Ms. Hamilton's grand jury testimony to be disclosed. Ms, Hamilton has been inconsistent in the
following areas:
L Camile Hamilton's Location During the Initial Confrontation.
a. Camile Hamilton stated to Detective Toyota that she was in the driveway saying
goodbye to Nekitta Hamilton and Davion Bishop when the perpetrator came up from
behind (Ex 1, p 1, par. 3).
b. On 8/17/09, Camile Hamilton stated that she was 'outside with him, taking some stuff
from the car' (Ex 2, p 1 (bottom).
c. On 8/22/09 Camile Hamilton stated that she was by the driver's door when the
perpetrator approached her (Ex 6, p 2),
d. On 8/26/09, Camile Hamilton stated that she was by the passenger side and trunk
when the perpetrator approached (Ex. 8, p. 18),
e.
On 8/31/09, Camile Hamilton stated that she did not notice where the perpetrator
came from, and that the first time she noticed him was when he was next to the car (Ex.
9, pl).
f. On 8/17/09, Camile Hainilton stated that the perpetrator walked up to them with a gun
in his hand (Ex. 2, p 2),
If
g. On 9/9/09, Camile PIamilton stated that the perpetrator took the gun out while they
were outside (Ex. 10, p 3).
h. On 8/31/09 Camile Hamilton stated that she was by the passenger side door when the
1.
On 9/9/09, Camile Hamilton stated that she did not remember if she closed the car
door before going inside, but was certain she did not lock the door (Ex. 10, pp 7,14).
On 1/04/10, Camile Hamilton stated that the trunk was closed, that she was on the
passenger side, and the door was in between the perpetrator and Camile Hamilton. She
further indicated that he door was closed (Ex. 11, pp 250,252,271).
k. On 4/4/14, Camile Hamilton stated that she was standing by the driver's side door
when the perpetrator approached (Ex. 13, pg. 32,11. 21, 25, pg. 33,11. 8-9).
1.
On 4/4/14, Camile Hamilton stated that she brought the groceries into the house
before she was confronted by the perpetrator (Ex. 13, p 30,1. 14).
II. Whether the Perpetrator Was Wearing a Mask.
a.
Camile Hamilton stated to Detective Toyota that the perpetrator was not wearing
On 8/17/09 Camile Hamilton stated that the perpetrator was wearing a mask (Ex.
3, p 3).
c.
On 8/17/09, Camile Hamilton repeated that the perpetrator was wearing a mask
(Ex. 4, pl).
d.
On 8/18/09, Camile Hamilton stated that the perpetrator was not wearing a mask,
On 8/18/09. Camiie Hamilton stated that the perpetrator was not wearing a mask.
He was using his shirt and a piece of cloth to cover his face (Ex. 5, p 4).
f.
On 8/24/09, Camile Hamilton stated that the perpetrator was not wearing a mask.
Camile Hamilton agreed that the perpetrator pulled his shirt up over his face (Ex. 7, p 8).
g
On 8/31/09, Camile Hamilton stated that the perpetrator was not wearing a mask
(Ex. 9, p 3).
h.
On 9/9/09, Camile Hamilton stated that the perpetrator was not wearing a mask,
b. On 8/18/09, Camile Hamilton stated that the perpetrator's face was covered (Ex. 5, p
4).
c.
On 8/17/09, Camile Hamilton stated that the perpetrator wore something covering just
his mouth (Ex. 3, p 3, line 2).
d. On 8/22/09, Camile Hamilton stated that the perpetrator was not wearing a hat (Ex. 6,
P6).
e.
On 9/9/09, Camile Hamilton stated that the perpetrator dropped his shirt from his
mouth when he took the gun out (Ex. 10, p 7-8).
f. On 1/4/10, Camile Hamilton stated that the perpetrator was wearing a stocking on his
head (Ex. 11,2.21).
g. On 4/4/14, Camile Hamilton stated that she could not recall the perpetrator wearing a
hat or making the statement that the perpetrator wore a hat (Ex. 13, pg. 55, 11. 15-17).
h. On 4/4/14, Camile Hamilton stated that the perpetrator was wearing a hoodie (Ex. 1 3,
p 34,11. 18-23).
1.
fr
On 8/26/09, when asked if the sketch was accurate, Camile Hamilton replied, 'of
course' (Ex. 8, p 17).
On 1/4/10, Camile Hamilton stated that the best look she got at the perpetrator was
when he approached them outside (Ex. 11, p 288).
d. On 1/4/10, Camile Hamilton stated that the perpetrator asked her 'is this the face you
would never forget?' and that she answered'yes' (Ex. 11, 1:31).
e. On 4/4/14, Camile Hamilton stated that a couple of days after she participated in a
live lineup, (prior to her grand jury testimony), she pulled up Mr. Pratt's booking
photo online and viewed it (Ex. 13, p 127).
V. Whether the Perpetrator Used Vulgar Language, and, If So, What, and
Where the Statements Were Made
a. Camile Hamilton gave statements on 8/17/09, (two), and 8/18/09. Camile Hamilton
made no reference during those statements regarding the perpetrator saying anything (Ex.
2, 3, 4 and 5).
b. On 8/22/09, Camile Hamilton slated that the perpetrator said: 'shut the fuck up,' 'get
the fuck upstairs,' 'where the fuck is your money,' 'get the fuck over here/ 'you have to
suck my penis, 'shut the fuck up,' and 'I am going to fuck you up' (Ex.6 pg. 2, 11,1518,23,29).
c.
On 8/24/09, Camile Hamilton stated that the perpetrator said 'you fucking
d. On 8/26/09, Camile Hamilton stated that the perpetrator said 'What the fuck is that, get
the fuck inside' (Ex. 8, p 2).
e. On 8/31/09, Camile Hamilton stated that the perpetrator said 'get the fuck inside, I
want money,' 'get the fuck upstairs, he would 'kill them all' because he 'wanted money/
'gonna kill you fuckers,' 'wanted her to suck his dick and wanted to fuck,' and 'you
fucking bitch' (Ex. 9, p 2,3,4).
f. On 9/9/09, Camile Hamilton stated that the perpetrator said 'I'm gonna kill you fuck,
'cause I want money' (Ex 10, p 5).
g. On 4/4/14, Camile Hamilton stated that she had earlier asserted that vulgar language
was used 'because of'her condition' (Ex. 13, p 87,11. 23-25, p 88,1.1).
VI. Whether Ms. Hamilton Looked at the Perpetrator.
a.
On 8/17/09, Camile Hamilton stated that she did not look at the perpetrator (Ex. ^,, p
92).
On 1/4/10, Camile Hamilton slated that the best look she got at the perpetrator was
when he approached them outside (Ex. 11, p 288).
d. On 9/8/11, After the live lineup, Det. Toyota asked Camile Hamilton, 'is this the face
you told me you would never forget?' She answered 'yes' (Ex. 12, p 2,11. 21-25).
On 4/4/14, Camiie Hamilton stated that a couple of days after she participated in a
e.
live lineup, (prior to her testimony before the grand jury), she pulled up Mr. Pratt's
booking photo online and viewed it (Ex. 13, p 127).
On 4/4/14, Camile Hamilton stated that when she was asked to do the composite
f.
g. On 8/26/09, when asked if the sketch was accurate, Camile Hamilton replied, 'of
course'(Ex. 8, p 17).
VII.
a. On 8/17/09, Camile Hamilton stated that she did not remember if the perpetrator was
wearing gloves (Ex. 4, p 1).
b. On 8/17/09, Camile Hamilton stated that the perpetrator was wearing gloves. (Ex. 4
p.6)
c.
Later in the 8/17/09 statement, Camile Hamilton agreed with Detective Toyota that
the gloves were yellow (Ex, 4, p 6).
d. On 8/18/09, Camile Hamilton stated that the perpetrator was wearing gloves (Ex. 5,
p6).
e. On 8/22/09, Camile Hamilton stated that she did not remember if the perpetrator was
wearing gloves (Ex. 6, p 7).
f. On 9/9/09, in response to Det. Toyota's question, 'I guess you're... 100 percent, you
said he wasn't wearing gloves right?' Camile Hamilton. Responded, 'don't
remember him wearing any gloves" (Ex. 10, p 8, 11).
g. On 9/9/09, Camile Hamilton had no response to Det. Toyota's question, 'Do you
ever mention anything about his hands?' (Ex. 10, p 8).
h. On 1/4/10, Camile Hamilton stated, 'His hand was shaky. His nails were a little bit
longer than these. And his hand was sweaty... (Ex.11, p 256,276,289).
*
1.
J.
On 4/4/14, Camile Hamilton stated that the perpetrator was not wearing gloves (Ex.
13, P 36,11. 14-16).
vm.
a. On 8/17/09, Camile Hamilton stated that the perpetrator was wearing a hat (Ex.3, p
3).
b. On 8/18/09, Camile Hamilton stated that the perpetrator had on a blue cap (Ex. 5, p
7).
c. On 8/22/09, Camile Hamilton stated that the perpetrator was not wearing a hat (Ex.
6, p 6).
d. On 9/8/11, Camile Hamilton stated that the perpetrator was wearing a stocking on
his head (Ex. 12,p3 11.7-9).
e. On. 4/4/14, Camile Hamilton stated that she couid not recall the perpetrator wearing a
hat or making the statement that the perpetrator wore a hat (Ex. 13, p 55 11,15-17).
f. On 4/4/14, Camile Hamilton stated that the perpetrator was wearing a hoodie (Ex.
13, p 341. 18-23).
g. On 8/24/09, Camile Hamilton gave a description to forensic sketch artist, John
McMahon. The description did not include a hat, stocking or other head covering
for the perpetrator (Ex. 24, p 60,1.20, Ex. 14, sketch).
h. On 8/26/09, when asked if the sketch was accurate, Camile Hamilton replied, 'of
course.' (Ex. 8, p. 17)
b. On 8/18/09, Camile Hamilton stated that she did not know about the shirt (Ex. 1 L p
113).
c. On 8/22/09, Camile Hamilton stated that the perpetrator's shirt was black (Ex. 6, p
6).
d. On 8/31/09, Camile Hamilton stated that the perpetrator had on a second shirt and
that the top shirt was 'khaki shorts like.' (Ex. 9, p 4). She further stated that the
undershirt was black. (Ex. 9, p 4).
e. On 4/4/14, Camile Hamilton stated that the shirt was black (Ex. 13 p 34, 11. 12-13).
f. On 8/17/09, Camile Hamilton stated that the perpetrator was wearing pants (Ex. 3, p
3).
g. On 8/18/09, Camile Hamilton staled that the perpetrator was wearing shorts. Camile
Hamilton further stated that tlie shorts were blue, denim type (Ex. 5, p 113).
h. On 8/22/09, Camile Hamilton stated that the perpetrator was wearing khaki baggy
shorts that were worn low (Ex. 6, p 6).
*
1.
On 1/4/10, Camile Hamilton stated that the perpetrator was wearing plaid shorts that
were -pretty baggie' (Ex. 11, pp 252, 289-290).
10
t
a
On 4/4/14, Camile Hamilton stated that the perpetrator was wearing black shorts
(Ex. 13, p 34,11. 5-8).
k. On 8/22/09 Camile Hamilton stated that the perpetrator was wearing a dark colored
jacket (Ex. 6, p 139).
1.
On 8/24/09, Camile Hamilton stated that the perpetrator wore a hooded jacket (Ex.7,
p126).
m. On 8/22/09, Camile Hamilton stated that the perpetrator was wearing the hood when
he approached Camile Hamilton, Nekitta Hamilton, and Davion Bishop outside (Ex.
6, p 7).
n. On 1/4/10, Camile Hamilton stated that perpetrator's hood was down when he
approached Camile Hamilton, Nekitta Hamilton and Davion Bishop (Ex. 11, p 289).
X. Physical Description of the Perpetrator's Height, Skin Tone, Mouth, Facial Hair.
1. Description of the Perpetrator's Height
a. On 8/17/09, Camile Hamilton stated that the perpetrator was around 5'6" (Ex. 3, p 3).
b. On 8/18/09, Camile Hamilton stated that the perpetrator was 5' 10" (Ex. 5, p 157158).
c. On 4/4/14, Camile Hamilton stated that the perpetrator was 6' tail (Ex. 13, p. 56, 11.
7-18).
d. On 4/4/14, Camile Hamilton stated that a couple of days after she participated in a
ive lineup, (prior to her testimony before the grand jury), she pulled up Mr. Pratt's
booking photo online and viewed it. The booking information contains height and
weight (Kx. 13, p. 127).
e. On 9/9/09, Camile Hamilton stated, 'you know, I forgot him 'cause I see people on
11
the road, and 1 look at them. I don't know how I'm alive' (Ex. 10, p 9).
2. Description of the Perpetrator's Skin Tone
a. On 8/17/09, Camile PIamiiton described the perpetrator alternatively as black,
American black and dark skinned (Ex. 3, pp.3, 6).
b.
On 8/18/09, Camile Hamilton described the perpetrator as black and dark skinned
(Ex.5, p 110,112,115).
c.
d. On 8/31/09, Camile Hamilton described the perpetrator as dark skinned (Ex. 9, p 5).
e. On 9/9/09, Camile Hamilton described the perpetrator as dark skinned (Ex. 10, p 9).
3. Perpetrator's Mouth
a. On 8/24/09, Camile Hamilton worked with forensic sketch artist John Smith over
several hours to create a composite sketch of the perpetrator. Camile Hamilton
agreed with the result. When asked whether the sketch was accurate, Camile
Hamilton complained about the mouth, stating it did not look right. She had no
complaints regarding the lack of facial hair in the sketch (Ex. 11,p.285).
b.
On 8/26/09, when asked if the sketch was accurate, Camile Hamilton replied, 'of
course' (Ex. 8, p 17).
4. Facial Hair
a. Camile Hamilton stated that the perpetrator had a light mustache (Ex. 1, pp. 3, 5).
b. The attached Florida Identification photo shows Mr. Pratt with a full beard on
9/24/09 Just 39 days after the incident (Ex. 16, Florida Identification card photo).
c. On 8/24/09, Camile Hamilton worked with forensic sketch artist John Smith over
12
The composite sketch generated in this case shows a thin mustache (Ex. 14).
f. On 8/16/09, the day of this incident, Mr. Pratt was stopped by Off. Gomez of the
Miami Dade Police Department. A field interview report was generated. Under
'physical description/ for the sub category FACE, Ofc. Gomez noted, BearcHGoatee.
(Ex. 17).
g. On 8/23/09, Mr. Pratt was stopped by Ofc. Sanjay Raja of the West Palm Beach
Police Department. A field interview card noted hair factaKfall .beard (Ex 18).
h. On 9/1/09, Mr. Pratt was stopped by Ofc, Vertefeuille of the West Palm Beach Police
Department. A field interview card indicated hair facial/ full beard (Ex. 19).
1.
On 5/1/09, Mr. Pratt was stopped by Ofc. C. Tomas of the West Palm Beach Police
Department. A field contact card was generated which reflects hair facial, full beard
(Ex.20).
j. On 5/4/09, Mr. Pratt was stopped by Ofc. Sanjay Raja of the West Palm Beach Police
Department. A field contact card was generated which reflects hair facial, full beard
and bald head with upper and lower gold teeth (Ex. 21).
k. On 5/10/09, Mr. Pratt was arrested by Ofc, Christian Tomas of the West Palm Beach
.'
13
Police Department. Ofc. Tomas states in his report, 'I immediately recognized the
individual who I trespass warned a week ago. Mr. Pratt's booking photo and report
from the incident is attached (Ex. 22).
*
On 4/4/14, Camile Hamilton stated that a couple of days after she participated in a
live lineup, (prior to her testimony before the grand jury), she viewed Mr, Pratt's
booking photo online (Ex. 13, p. 127).
XI. Whether Ms. Hamilton was Sexually Assaulted by the Perpetrator, the Type of
Assauit and the Location of the Assault.
a. On 8/18/09, Camile Hamilton stated that the perpetrator 'wanted to rape me' and that
he 'took his penis out.' Detective Toyota asked if the perpetrator removed Camile
Hamilton's clothes, to which she responded in the affirmative. Later in her statement
Camile Hamilton reiterated that the perpetrator 'took out his penis' while in Faith
Bisasor's bedroom. She later indicated that she is not sure if she was raped and that
tape, so the perpetrator removed them. Her panties were removed prior to Faith
Bisasor being taped up. Camile Hamilton stated that the perpetrator told her he was
going to put his penis in her mouth (Ex. 6, pp 14, 18-20).
c.
On 4/4/14, Camile Hamilton stated that she had no memory of telling the police that
the perpetrator removed her parities (Ex. 13,1. 14).
d. On 8/24/09, Camile Hamilton stated that the perpetrator unzipped his pants (Ex. 7,
p.122).
14
<
e.
On 8/2.6/09, Camile Hamilton stated that when the perpetrator asked Faith Bisasor for
money, he was saying 'nasty stuff to Camile Hamilton in front of Faith Bisasor.
Camile Hamilton stated that she told the perpetrator that they were not going to have
sex. At that point, Ms. Hamilton states the perpetrator took out his penis, Ms.
Hamilton reiterated that they would not have sex, to which the perpetrator put his
penis in his pants and taped up Faith Bisasor (Ex. 8, p 186).
f. On 8/31/09, Camile Hamilton stated that after all four victims had been taped up, the
perpetrator took out his penis and put it in her face, stating that he wanted her to suck
his penis and to have sex with him (Ex. 9, p 3).
g. On 9/9/09, Camile Hamilton stated that the perpetrator grabbed her by the hair, took
out his penis, and stated he would rape her and then kill them all. When she said no,
he shot her (Ex.10,p 5).
h. On 1/4/10, Camile Hamilton stated that the perpetrator dragged her into the bedroom,
unzipped his pants and said he would rape her. She told the perpetrator that she was
'on her period/ he put his penis in his pants (Ex. 11, p 249).
i. On 4/4/14, Camile Hamilton stated that at no time did the perpetrator say he wanted
to have sex with her or rape her (Ex. 13, p 78)
XII.
a. On 8/31/09, Camile Hamilton stated that the perpetrator took $20.00 from Nekitta
Hamilton. Later in this statement Camile Hamilton said that Nekitta Hamilton gave
$20.00 to the perpetrator (Ex. 9, pp 2, 11).
b. On 9/9/09, Camile Hamilton stated that Nekitta Hamilton had $20.00 in her hand,
and the perpetrator took it (Ex. 10, p 3).
15
c.
On 1/4/10, Camilc Hamilton stated that she gave $20.00 to Nekitta Hamilton, then
Camile Hamilton took the $20,00 back and handed the money to the perpetrator.
Later Camile Hamilton said that the perpetrator took the $20.00 from Nekitta
Hamilton after Camile Hamilton gave the money to her daughter. Later she stated
that the perpetrator took her daughter's money (Ex. 11, pp 253, 272,287,290).
d. On 4/4/14, Camilc Hamilton stated that the perpetrator took $40.00 from Nekitta
Hamilton during the initial confrontation at the car, and then stated that Nekitta
Hamilton gave her money to the perpetrator (Ex. 13, pp 37,38).
XIII. Whether the Perpetrator Took Money From Ms. Hamilton's Purse.
a.
On 8/22/09, Camile Hamilton stated that Faith Bisasor told the perpetrator that she
had no money at home; it was all in the bank (Ex. 6, p 12).
b. On 8/26/09 Camile Hamilton stated that Faith Bisasor gave money to the perpetrator
after Faith Bisasor was ordered to the ground by the perpetrator (Ex. 8, p 180).
c. On 9/9/09, Camile Hamilton stated that Faith Bisasor handed over money to the
perpetrator, who ordered Faith Bisasor to tape up the other victims (Ex. 10, p 4).
d. On 4/4/14, Camile Hamilton stated that Faith Bisasor emptied her purse onto the bed.
Camile Hamilton stated that Faith Bisasor told the perpetrator that she would take
him to her bank, and that Camilc Hamilton urged the perpetrator to take Faith Bisasor
to the bank (Ex. 13,50,23-25).
e.
On 4/4/14, Camile Hamilton stated that she went into her purse and gave the
perpetrator money (Ex. 13, p 45,1.5).
16
XIV.
a.
Whether the Perpetrator Had the Gun in His Right or Left Hand.
On 8/17/09, Camile Hamilton stated that the perpetrator held the gun in his left hand
(Ex.4,pp 103-04).
b. On 8/18/09, Camile Hamilton stated that the perpetrator held the gun in his right hand
(Ex. 5, pp 112,115).
c. On 8/22/09, Camile Hamilton stated that the peipetrator took the gun out of his
pocket with his right hand (Ex. 6, p 3).
d. On 1/4/10, Camile Hamilton stated that the perpetrator had the gun in his right hand
and his penis in his left hand while he was grabbing her hair. (Ex. 11, p 251).
e.
On 4/4/14, Camile Hamilton stated that the perpetrator held the gun in his right hand
(Ex. 13, pp 10-12).
XV.
a.
On 8/22/09, Camile Hamilton stated that when the perpetrator asked Faith Bisasor
for her purse, the victims were already taped up. Later in this statement, Camiie
Hamilton asserted that she, Nekitta Hamilton, and Damion Bishop, were already tied
up when the perpetrator demanded money from Faith Bisasor (Ex. 6, pp 9,10,13).
b. On 1/4/10, Camile Hamilton stated that she did not see Faith Bisasor tie up Nekitta
Hamilton and/or Davion Bishop because she was knocked out by the perpetrator and
that when she regained consciousness, the other three were tied up (Ex. 11, p 57, L
16-20).
c. On 8/22/09, Camile Hamilton stated that the perpetrator tied her up at the same time
as Nekjtta Hamilton, then demanded money from Faith Bisasor. Later in the
statement Camile Hamilton asserted that the perpetrator ordered Faith Bisasor to tie
17
up Nekitta Hamilton and Davion Bishop. When the other three were taped up, the
perpetrator taped up Faith Bisasor. Later in the same statement, Camile Hamilton
said that the perpetrator taped up Faith Bisasor and herself, and then had Faith tape
Davion Bishop and Nekitta Hamilton (Ex. 6, pp. 9-12).
d.
On 8/24/09, Camile Hamilton stated that Faith Bisasor was ordered to tape Davion
Bishop and Niketta Hamilton, and then the perpetrator taped up Faith Bisasor.
Camile Hamilton remained untaped. Camile Hamilton staled that her feet were then
taped up by Faith Bisasor (Ex. 7, p 120),
e. On 8/26/09, Camile Hamilton stated that Davion Bishop was taped up first by Faith
/
Bisasor, followed by Nekitta Hamilton and lastly herself (Ex. 10, p 181).
f.
On 8/31/09, Camile Hamilton stated that the perpetrator ordered Faith Bisasor to
tape up Nekitta Hamilton and Davion Bishop first. Davion Bishop was taped up,
then Nekitta Hamilton, and then Camile. The perpetrator taped up Faith Bisasor.
Later in the statement, Camile Hamilton asserts that Faith Bisasor tied up Davion,
then Nekitta Hamilton and then Camile Hamilton, after which Faith taped up Davion
g. On 9/9/09; Camile Hamilton stated that Faith Bisasor was ordered to tape everyone
up. Camile Hamilton could not remember if Faith taped up Davion Bishop or
Nekitta Hamilton first (Ex. 10, pp 4-5).
h. On 1/4/10, Camile Hamilton stated that the perpetrator handed Faith Bisasor the tape
/
and ordered her to tape up Nekitta Hamilton, Davion Bishop, and herself. Camile
Hamilton cannot remember if she got hit, but when she regained consciousness she
was taped up, and saw the perpetrator taping Faith Bisasor. Camile Hamilton later
18
-t
asserts that Faith Bisasor taped Nekitta Hamilton first, then Davion Bishop. Camile
Hamilton stated that the perpetrator ordered Faith Bisasor to tape them up. Camile
Hamilton stated that Faith Bisasor taped Nekitta Hamilton, then Davion Bishop (Ex.
11, pp 260-61,264-65,277,282,283,287).
.
1.
On 4/4/14, Camile Hamilton stated that she does not remember when everyone was
taped, only that she was pistol whipped, passed out, and that when she regained
consciousness everyone was taped up, and the perpetrator was just finishing taping
up Faith Bisasor (Ex. 13, p 58,11. 23-25).
XVI.
a. On 8/18/09, Camile Hamilton stated that the tape came from Faith Bisasor's home
(Ex. 5, p 114).
b. On 8/22/09, Camile Hamilton stated that she did not remember where the tape came
from (Ex. 6, p 157).
c. On 8/26/09, Camile Hamilton stated that she did not know where the perpetrator got
the duct tape. Camile Hamilton did not know if there was duct tape in Vivian
Lassman's car (Ex. 10, p 189).
d. On 8/31/0, Camile Hamilton stated that the duct tape came from the perpetrator's
pocket (Ex. 9, p 2-3,7).
e.
On 9/9/09, Camile Hamilton stated that the perpetrator removed duct tape from his
pocket (Ex. 10, p 4).
f. On 1/4/10, Camile Hamilton stated that she was not sure whether the tape came from
Faith Bisasor's home or from the perpetrator's pocket. She further stated that there
was always gray tape in Faith Bisasor's home. Camiie Hamilton stated that she was
19
not sure if the tape came from the table, the room, or the peq)etrator (Ex. 11, p 254,
273,276,283).
g. On 4/4/14, Camile Hamilton stated, 'I was screaming and yelling and saying don't
tape them up' (Ex. 13, pp 57-58,1.1).
XVII. Color of the Gun
a. On 8/18/09, Camile Hamilton stated that she did not remember what color the gun
was (Ex. 5,p 116).
b. On 8/22/09, Camile Hamilton stated that the gun was black (Ex. 6, p 3).
c.
On 9/9/09, Camile Hamilton stated that she thought the gun was black (Ex. 10, p 11).
d. On 4/4/14, Camile Hamilton stated that she did not remember what color the gun was
(Ex. 13, p 40,11. 18-20).
XVIII. When and How the Perpetrator Dropped the Gun and Camile Hamilton
Took Possession of the Gun
a.
On 8/22/09, Camile Hamilton stated that she got the gun when the perpetrator
dropped it. Later in the statement she asserted that she got the gun while the
perpetrator was taping up Faith Bisasor. Still later Camile Hamilton stated that the
gun dropped while the perpetrator was takin out his penis (Ex. 6, pp 15-16, 18, 19).
b. On 8/24/09, Camile Hamilton stated that the gun dropped when the perpetrator
unzipped his pants (Ex. 7, p 122).
c. On 8/26/09, Camile Hamilton stated that while the perpetrator was taping Faith
Bisasor, the gun dropped. Camilc Hamilton picked up the gun and ran into the other
room (Ex. 10,p 183).
20
d. On 8/31/09, Camile Hamilton stated that the perpetrator dropped the gun when he
was re-taping Faith Bisasor's hands. Camile Hamilton picked up the gun and crawled
into another room with the gun (Ex. 9, p 3).
e. On 9/9/09, Camile Hamilton stated that she crawled and ran into another room with
the gun after the perpetrator dropped it (Ex. 10, p 5).
f. On 1/4/10, Camile Hamilton stated that when the perpetrator was over her, and taping
Faith Bisasor, he dropped the gun. She took it and crawled into the next room (Ex.
11,261,277,287,283).
g
On 4/4/14^ Camile Hamilton stated that the gun fell out of the perpetrator/s pants.
She picked up the gun with both hands, and drug on her knees into the next bedroom
(Ex. 13, pp 60, 65, 69, 70).
XIX.
a. On 8/22/09, Camile Hamilton stated that she was not in a separate room from the
others, and that she was in the master bedroom when she shot at the perpetrator. Later
in the statement, Camile Hamilton asserted that she may have been in the guest room
when she shot at the perpetrator (Ex. 6, pp 15-19).
b,
On 8/26/09, Camile HamiUon stated that the perpetrator finished taping Faith Bisasor
and then entered the room when she fired two shots. She restated that she was in the
guest room when she fired two shots (Ex. 10, pp 183-184,185).
c.
On 8/22/09, Camile Hamilton stated, 'Did you find, did you find out that I fire a
shot?... Did you check my hand?' (referring to the gun shot residue test) (Ex. 6, p 17).
d. On 8/31/09, Camite Hamilton stated that she fired two shots at the perpetrator from
the guestroom (Ex. 9, p 3).
21
e. On 9/9/09, Camilc Hamilton stated that she thought she fired two shots while in the
guest room (Ex. 10, p 5).
f. On 1/4/10, Camile Hamilton stated that when she reached the other bedroom, the
perpetrator was in front of her, and she fired one shot, then another, and the gun
dropped (Ex. 11, p 261-262, 277,283).
g. On 4/4/14, Camile Hamilton stated that they were in the other bedroom and the
perpetrator was standing by the door when she shot at him (Ex 13, p 74).
XX.
a. On 8/24/09, Camile Hamilton stated that the perpetrator drug her out on her knees
(Ex. 7, p 120).
b.
On 8/26/09, Camile Hamilton stated that after she fired the gun, the perpetrator
grabbed her by her hair and dragged her. She later asserted that the perpetrator
grabbed her with one hand and held the gun in the other (Ex. 10, pp 214, 217).
c. On 8/31/09, Camile Hamilton stated that the perpetrator drug her back inside (Ex. 9, p
3).
d. On 9/9/09, Camile Hamilton stated that the perpetrator grabbed her by her hair and
dragged her back in the room. Camile Hamilton stated that she did not try to grab his
hands as he dmg her by her hair into the room (Ex. 10, pp 7, 10).
e.
On 1/4/10, Camile Hamilton stated that the perpetrator grabbed her in the back of the
head and drug her into the bedroom at the end of the bed. Later she states that the
perpetrator grabbed her by her hair and took her back in the room (Ex. 11, pp
262,277,278,287).
22
f. On 4/4/14, Cainile Hamilton stated that the perpetrator dragged her back to Faith
Bisasor's room after she shot at him. She further stated that the perpetrator grabbed
her by the hair and drug her back into the other room (Ex. 13, p 76-77).
g. On 8/24/09, Camile Hamilton stated that the perpetrator dragged her out of Faith
Bisasor's room and into the guest room (Ex. 7, p 121).
h. On 8/26/09, Camile Hamilton stated that the perpetrator dragged her into the room
where Faith Bisasor, Nekitta Hamilton and Davion Bishop were located (Ex.10, p
185).
a. On 8/22/09, Camile Hamilton stated that she had a gold chain, bracelet, and two rings
that night that broke off and fell to the ground. Camile Hamilton did not remember
how this happened. When the Detective refreshed her recollection with a previous
statement, she indicated that she was sure that the peq)etrator pulled off the jewelry
and threw it to the ground (Ex. 6, p 13).
b.
On 8/31/09 Camile Hamilton stated that she took off the bracelet and two rings and
placed them under the bed. She stated that the gold chain fell off (Ex. 9, p. 6).
c. On 4/4/14, Camile Hamilton stated that the perpetrator never asked for jewelry, that
she removed it and placed it under the bed. She stated she did not recall telling law
enforcement that the perpetrator removed her jewelry and threw it on the floor (Ex.
13, pp. 47, 48).
Furthermore, the specific facts of this case create a particularized need for this testimony.
Florida Statutes Section 905.27(l)(c) provides for the disclosure of grand jury testimony in order
to further justice. Human memory is a complex process. Research "has refuted the notion that
23
memory is like a video recording, and that a witness need only replay the tape to remember what
happened." SttUe v. Hsnderson, 208 N.J. 208, 245 (N.J. 2011). Memory is a constructive,
dynamic, and selective process. There are three stages in memory: "acquisition-the perception
of the original event; retention-the period of time that passes between the event and the
eventual recollection of a particular piece of information; and retrieval-the stage during which a
person recalls stored information." Id. (internal citations omitted) (citing to Elizabeth F. Loftus,
Eyewitness Testimony 21 (2d cd. 1996). Human vision does not capture a perfect, error-free
"trace" of a witnessed event. At each stage of the memory process, memory can be distorted,
contaminated, and even falsely imagined.
Trauma effects the accuracy of memory, and Camile Hamilton's head injury renders her
incapable of recalling these horrific events accurately. Camiie Hamilton suffered a gunshot
wound to her head, requiring hospitalization and subsequent operations and treatment. Detective
Toyota stated in his deposition that the reason he immediately took a statement from Camile
Hamilton was because her treating physicians did not expect her to live (Ex. 24, p 11, 11. 5-7).
The other victims in the case were Davion Bishop, a young man with whom Camile Hamilton
was intimately acquainted, Faith Bisasor, a friend, and Nekitta Hamilton, the daughter ofCamile
Hamilton. The events that Camile Hamilton endured were nothing short of traumatizing and life
shattermg.
At times, even Ms. Hamilton has acknowledged her difficulty with remembering these
events. On 8/22/09, Camile Hamilton stated, 'Did you find, did you find out that I fire a
shot?...Did you check my hand?' (referring to the gun shot residue test) (Ex. 6, p 17). On 9/9/09,
Camile Hamilton stated, 'you know, I forgot him 'cause I see people on the road, and I look at
them. I don't know how I'm alive' (Ex. 10, p 9). On 4/4/14, Camile Hamilton stated that she
24
was unable to recall making an earlier statement because 'I was in trauma' (Ex. 13, p 55,1.17).
On 4/4/14, in explaining why there were inconsistencies in her prior statements, Camile
Hamilton indicated, 'well I was in the hospital, and my jaw was wired shut, so they could not
understand what I was saying' (Ex. 13, p 84,11. 6-25). On 4/4/14, in explaining why she had
previously asserted that the perpetrator wore a mask, Camile Hamilton said, 'I was under
anesthesia' (Ex- 13, p 1 10,1. 14). On 4/4/14, Camile Hamilton stated that she has no memory of
being loaded into the ambulance or taken to the hospital. (Ex. 13, p 124,}. 7).
The known inconsistencies between Ms. Hamilton's accounts and the known potential
causes of Ms. Hamilton's faulty memory increase the need for disclosure of all of her statements.
It is particularly problematic in this case that Detective Toyota failed to record or fully
memorialize all of the statements he obtained from Ms. Hamilton. On 4/4/14, Camile Hamilton
stated that there were several times when she would cali Detective Toyota (Ex. 13, p 90,1. 18, pp
95-96). On 4/4/14, Caraile Hamilton stated that there were times when Detective Toyota called
her (Ex. 13, p9. 93-94, II. 22-5). On 4/10/15, Detective Toyota stated that he had a conversation
with Camile Hamilton regarding a live lineup, but that he does not remember where or when this
conversation occurred (Ex. 23, p 134,1. 12). On 4/10/15, Detective Steven Toyota stated that a
conversation with Camile Hamilton occurred after a live lineup was conducted. There is no
recording, notes or mention of this conversation in any discovery provided by the State (Ex. 23,
p 147,1. 19). On 4/10/15, Detective Toyota attributed statements to Camile Hamilton that appear
in no recording, written note, or transcript (Ex. 23, p 161,1. 21, pg. 162, 1. 5). On 4/19/15,
Detective Steven Toyota gave previously unknown infoi-mation regarding a conversation he had
with Camile Hamilton that was not included in his report of the conversation (Ex. 23, p 167,1.4).
Detective Toyota's rough notes reflect that on Oct. 18, 2009, Camile Hamilton and Detective
25
Toyota spent the day together. There is no recording or reference to this in any report (Ex. 15, p
52).
Some of the factors that can affect eyewitness memory are beyond law enforcement
control. These estimator variables relate to the environmental conditions at the time of the crime
and the characteristics of the witness and the perpetrator. However, some factors that affect
eyewitness memory are under the control of law enforcements. These system variables are the
characteristics of the procedures and practices used by Saw enforcement while trying to obtain an
identification. Based on the reported contents of some of the unrecorded conversations with law
enforcement, it is clear that Detective Toyota and Ms. Hamilton discussed many issues that relate
to her memory of the event and perpetrator. Detective Toyota's rough notes reflect that Camile
Hamilton described her dreams to Detective Toyota (Ex. 15, p 40). Detective Toyota's rough
notes reflect that Camile Hamilton picked out a different suspect (Ex. 15, p 47). On 11/6/14,
Detective Toyota stated that Camile Hamilton was shown crime scene photos, but that he is not
sure when she was shown the photos, or which photos she was shown (Ex. 25, p. 39,11. 6-10, pg.
40,11.1-4).
Even Detective Toyota does not recall some of the statements he has obtained from Ms.
*/
Hamilton. On 11/6/14, Detective Toyota stated his rough notes contained a statement from
Camile Hamilton that 'would have been taken from her that is unrecorded and we have never
seen before' (Ex. 25, p. 8,1.22-25, p. 9,1,1). On 11/6/14, Detective Toyota explained an entry in
his rough notes regarding Camile Hamilton, stating, 'I'm assuming I made contact with her but I
don't have any notes of that conversation" (Ex. 25, p 10, 11. 22-24). On 11/6/14, Detective
Toyota was asked; 'And that looks like it would have been another statement between 4 and 5, is
that right?' to which he responded, -Correct' (Ex. 25, p 14,11. 20-22). On 11/6/14, Detective
26
Toyota stated, "Is it possible that I made contact (with Camile Hamilton)? Yes, but I didn't sec
any documented contacts in my notes..." (Ex, 25, P 19, 11. 20-21). On 11/6/14, Detective Toyota
was asked, '.. .and others of your contact (with Camile Hamilton) were not recorded? 'to which
he answered, 'Yes' (Ex. 25, p 21,11. 23-24). On 11/6/14, Detective Toyota had the following
exchange with defense counsel, ". . .do you recail if you had any communications with her
(Camile Hamilton) between statement 5 and 6 that is not recorded?' Ans. "No." Q. "Okay. You
do not recall or you did not?" A: "I do not recall" (Ex. 25, p. 26,11. 14-19). On 1 1/6/14,
Detective Toyota stated that he did not recall whether he had contact with Camile Hamilton
between the statements she gave on Aug. 24 and Aug. 26, 2009. Detective Toyota's report does
not reflect any contact, however, his rough notes and testimony at deposition reflect numerous
contacts omitted in his report(s) (Ex. 25, p 3 8,11. 6-11, Ex. 1, Ex. 15). On 11/6/14, Detective
Toyota stated that prior to recording Camile Hamilton's statement on 8/24/09, he had
conversation with Camile Hamilton, but does not remember what the conversation was about and
took no notes of the conversation. There is no mention of this conversation in Det. Toyota's
report(s) (Ex. 25, pp. 33, 11. 24-25 and p. 34, 11 1-13, Ex. 1),
The defense acknowledges that Grand Jury testimony and evidence is not routinely
provided to the defense, however, the unusually high number of inconsistencies and the
progression of Mrs. Hamilton's testimony mandate that this witness' testimony be provided to
Mr. Pratt in its entirety. The detriment to the State is minimal when compared to Mr, Pratt's
right to confront the witness and to fully investigate the capital accusations against him. The
attached article, 'Secret Grand Jury Testimony From Ethel Rosenberg's Brother Is Released,'
which ran in the New York Times just two weeks ago, is illustrative, to say the least. (Ex. 26).
27
In addition due to the severity and irrevocable nature of the death penalty, the United
States Supreme Court has held that "the Eight Amendment requires a greater degree of accuracy
and fact-finding than would be true in a noncapital case" in all phases of a capital trial. Gilmore
v. Taylor, 508 US 333, 342 (1983). Accord Woodson v. North Carolina, 428 US 280, 305
(1976); Beck, supra, 447 U.S. at 637-638; Johnson v. Mississippi, 486 U.S. 578, 584-90 (1998).
The heightened degree of reliability demanded in capital cases affords additional protections
against inaccurate or unconstitutionally unreliable verdicts about and beyond the basic due
process protections applicable in all criminal cases.
MEMORANDUM OF LAW AND AE. UMENT
Ms. Hamilton's testimony and any physical evidence upon which the grand jury relied in
returning its Indictment against Mr. Pratt should be provided to undersigned counsel for the
following reasons:
(a) To ascertain whether Ms. Hamilton's grand jury testimony agrees with other
testimony and evidence given by the witness during the investigation, depositions,
hearings and/or trial.
(b) In furtherance of justice and due process
(c) To enable meaningful and intelligent enforcement and review of the right to a grand
jury indictment guaranteed by the Fifth, Eighth and Fourteenth Amendments to the United States
Constitution and article I, section 15(a) of the Florida Constitution.
There is no justification for continued secrecy of the grand jury proceeding; any
justification advanced by the State is minimal when weighed against the due process rights of
Mr. Pratt. A defendant charged with a capital crime is entitled to State and Federal constitutional
28
right to disclosure of what transpired during the Grand Jury proceeding under these
.
circumstances.
The disclosure of the above material is essential to ensure compliance with the Federal
guarantee of due process and indictment under the Fifth, Eighth and Fourteenth Amendments to
the United States Constitution and Florida's Constitution and statutes.
obtain meaningful appellate review, and to otherwise fully protect the Accused's constitutional
rights under article I, sections 2, 9, 15(a), 16, 17 and 22 of the Florida Constitution.
The disclosure of the above material is necessary provide effective assistance of counsel,
obtain meaningful appellate review, Due Process of Law and to otherwise fully protect the rights
guaranteed by Amendments V, VI, VIII and XIV to the United States Constitution.
In general, trial courts have the discretion to order the disclosure of grand jury
proceedings. Seefi?Mv^tom, 918 So.2d 405 (Fla. 5th DCA 2006) (not an abuse of discretion
in a non-capital case where defendant found guilty of second degree murder to fail to order
disclosure of grand jury proceedings). The testimony that was presented at the grand jury is
accessible because Florida now requires that "testimony in grand jury proceedings shall be
reported by a court reporter, but shall not be transcribed unless required by order of the court.
Other parts of grand jury proceedings, including deliberations and voting, shall not be reported."
Fla-RJud.Admin. 2.535(h)(6). The testimony and evidence presented during a grand jury
proceeding can be property admitted under section 90.801 (2)(a) as substantive evidence. State v.
Green, 667 So.2d 756, 759 (Fla. 1995); Moore v. Stale. 452 So.2d 559 (Fla. 1984). In that
regard, the State of Florida has unfettered access to grand jury proceedings and is readily able to
29
use grand jury testimony to impeach witnesses whose grand jury testimony differs from that
presented at trial. Rg, Barv^tgte, 938 So. 2d 451 (Fla. 2006) (prosecutor allowed to
impeach witness with testimony and photograph presented during grand jury proceedings). This
gives an unfair advantage to the state.
Mr. Pratt's interests in enforcing the state and federal right to indictment for a
capital crime and to prepare a meaningful defense to imposition of capital punishment otherwise
outweigh the State's interest in concealing what transpired during the grand jury hearing
In Bwtterwwtfi.v. Smith, (110 S.Ct. 1376) Judge Rehnquist delivered the opinion for a
unanimous Court, holding Florida a statute prohibiting a grand jury witness from ever disclosing
his testimony violated the First Amendment insofar as it prohibits a witness from disclosing his
own testimony after grand jury's term has ended. Although the Court was dealing with a very
narrow issue of grand jury witness testimony and the 1st Amendment, Judge Rehnquist's opinion
undermines the State's assertion as to the necessity for secrecy in grand jury proceedings. Judge
Rehnquist cites to Unites Slater v. Prociec & CjwnNfCo., an opinion that had stood for the
State's assertion. (356 U.S 677, 78 S.Ct. 983 (1958)). The Court in that case noted that several
distinct interests are served by safeguarding the confidently of grand jury proceedings,
specifically:
1.
There is the risk that those about to be indicted would flee. or would try to influence
individual grand jurors lo vote against indictment.
30
3, Protection for the person that is accused but exonerated by the grand jury will not be
leld up to public ridicule. Dw&laiOitCo^afrMlfgrmavJ'etroiStoMMll^^
441 US 211, 218-219 (1979).
Florida relies on the interest in preserving grand jury secrecy as outlined by the Qouglas,
Court. But as the Supreme Court held in the BuUerworth case, the Justices did not believe those
interests warrant a permanent ban on the disclosure by a witness of his own testimony once the
grand jury has been discharged. Some of those interests are not served at all by a Florida ban on
disclosure, and those that are served are not sufficient to sustain the statute, Id., at 632.
(emphasis added).
The safeguards that Florida places on the release of grand jury testimony as referred to
above are simply not relevant in Mr. Pratt's case and are distinguished as follows:
1. The secrecy safeguard that would protect testifying witnesses does not apply in this
case as Camile Hamilton has been listed as a state witness since November 13,2011.
Additionally, Mr. Pratt actually had direct face to face contact with her pre indictment
when law enforcement arranged for Ms, Hamilton to confront Mr. Pratt. The issue of
protecting the witness identity does not apply here. Additmall}^ the Defense is not
requesting the identification of the grand jurors.
<
2. Pre-indictment concerns regarding flight do not apply in this case. Mr. Pratt remains
in maximum security at the Broward County Main Jail and has no bond.
3. Finally, concerns for the un-indicted is inapplicable as Mr. Pratt has been indicted in
this case.
Florida courts resist requiring the disclosure of grand jury proceedings unless Defendants
can show a special need for the material. The Defendant respectfully submits that a special need
31
here exists for the testimony of Ms. Camile Hamilton that was presented to the grand jury. In
Miritmv, Siate, the Florida Supreme Court granted Certiorari because there was an apparent
conflict between the decision of the District Court of Appeal and tlie decision of the Supreme
Court in TrafficaMe v. State, 92 So.2d 811 (1957) involving the rights of the defendant in a
criminal case to inspect the grand jury testimony of a state's witness for the purpose of laying the
foundation for impeaching the trial testimony. 113 So.2d 361 (1959). In Minton, the Defense
both filed a written motion and orally moved for an order requiring the State to make available to
the defendant and his attorney all portions of the grand jury report. The motion was sworn to by
counsel for defendant 'upon information, knowledge and belief... .so that I can determine
whether he is testifying to the same thing at this time as he did then" id. at 362. Essentially
defense counsel wanted to see if the witness' Grand Jury- testimony would be consistent with his
trial testimony. Defense counsel did not show a particularized need for the testimony and merely
surmised and speculated that the Grand Jury testimony would conflict with the trial testimony
and the Court properly denied both motions.
In J'fnfncante v-Sleite, the Florida Supreme Court, allowed release of a witness' grand
jury testimony because counsel had been able to demonstrated a particularized need for the
testimony. 92 So.2d 811 (1957). In Tmfficgnte, the Florida Supreme Court held that it was error
for the trial judge to deny a sworn application for subpoena duces tecuin directing the official
court reporter to bring the transcript on one of the. states witness given before the grand jury in
order that it might be utilized in cross-examination of the witness for the purpose of laying the
foundation for impeachment of the witness' direct testimony without first examining same to
determine its 'materiality'.
The appellate court affirmed the trial courts finding holding that no
proper predicate, was made by the defendant sufficient to require a preliminary examination of
32
ff
the Grand Jury testimony of witness Thomas. The Florida Supreme Court reversed the appellate
court's ruling and found that counsel had in fact laid the proper predict and had demonstrated a
particularizes need for the testimony.
Under oath, counsel for Trafljcante stated that an examination of the grand jury
transcripts of a specific witness (Sergeant Dietrich) was warranted as it was material and relevant
to, and in conflict with, Sgt. Dietrich's testimony on direct examination. In order to show the
court this conflict, defense counsel proffered the testimony of the official grand jury court
reporter, who stated that Sergeant Dietrich testified before the grand jury concerning some or all
of the matters and transactions about which he testified at trial. Counsel also demonstrated that
Sergeant Dietrich's testimony was in direct conflict with other testimony. It was crystal clear to
the Florida Supreme Court that something more than mere surmise or speculation that a witness'
testimony at trial is inconsistent his grand jury testimony and that Trafficante has shown the
proper predicate and had demonstrated a particularized need for disclosure.
Mr. Pratt's case is similar to the Trafficante case in that Mr. Pratt has illustrated a
particularized need for disclosure of Ms. Hamilton's grand jury testimony. Mr, Pratt does not
speculate or surmise that Ms. PIamilton has previously given inconsistent statement relating to
material aspects of his case. Mr. Pratt has illustrated in this motion that Ms. Hamilton has given
at least 12 previous sworn statements and in those 12 statements she has given conflicting
responses. It is therefore necessary to disclose her testimony in order for the defense to prepare
for impeachment as well as to insure that justice is served.
Because heightened procedural due process attends imposition of capital punishment,
disclosure of the basis of the prosecution is required to enable meaningfuj appellate review and
effective assistance of counsel. The interests of reliable fact finding and heightened procedure
33
due process that accompany imposition of capital punishment far outweigh any interest in the
continued secrecy of grand jury proceedings in this case,
.
Section 905.27(1), Florida Statute, allows disclosure of grand jury testimony to ascertain
whether it is consistent with testimony in court, to determine whether the witness is guilty of
perjury, and for die purpose of "furthering justice." Justice is furthered by insuring that grand
jury proceedings resulting in the indictment of a person for a capital offensc was properly
conducted in accordance with ethical concerns and the laws of the State of Florida.
The secrecy that once cloaked Florida grand jury proceedings now gives way to scrutiny
when a valid interest is served.
The constitutional rights that are fundamental to the case at bar are as substantial as the
first amendment rights of the witness in Buttemorlh v. Smith. Initially, the defendant's right
against arbitrary application of the death penalty under the Eighth Amendment and Article I,
Section 17 of the Florida Constitution. Further, Mr. Pratt's right not to have Ills life taken
without due process of law under the Fourteenth Amendment as well as article I, section 9 of the
Florida Constitution are surely as compelling as the First Amendment right involved in
Buttsrwgrth. Similarly, the public interest in preventing the execution of those with valid
defenses and those for whom the death penalty is inappropriate is of great importance. \Vhen
weighed against these rights, Florida's interest in grand jury secrecy dissipates entirely.
.
WHEREFORE,, based on the grounds specified in the motion and the accompanying
memorandum of law, the defendant requests that this Court enter an order authorizing the
undersigned attorney to have the grand jury proceedings in this cause transcribed.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service to the Office of the State Attorney, ALBERTO RIBAS, Homicide
34
BETSY BENSON
Florida Bar No. 434280
Assistant Public Defender
35
EXHIBIT INDEX
Exhibit 17 Field Interview Card from stop of Mr. Pratt by Officer. Gomez in Miami Dade on
8/16/09
Exhibit 18 Field Interview Card from stop of Mr. Pratt by Ofc. Sanjay in West Palm on 8/23/09
Exhibit 19 Field Interview Card from stop of Mr. Pratt by Officer. Vertefeuille in West Palm on
9/1/09
Exhibit 20 Field Interview Card from stop of Mr. Pratt by Off. Tomas in West Palm on 5/1/09
Exhibit 21 Field Interview Card from stop of Mr. Pratt by Off. Sanjay in West Palm on 5/4/09
Exhibit 22 P.C./booking photo from arrest of Mr. Pratt by Off. Tomas in West Palm on 5/10/09
Exhibit 23 4/10/15 (continued) deposition of Detective Steven Toyota
Exhibit 24 4/28/14 (continued) deposition of Detective Steven Toyota
Exhibit 25 11/6/14 (continued) deposition of Detective Steven Toyota
Exhibit 26 7/15/15 New York Times "Secret Grand Jury Testimony From Ethel Rosenberg's
Brother is Released
1;
36
BUSINESS INVOLVEMENT:
33a. If you are now an officer, director or otherwise engaged in the management of any
business enterprise, state the name of such enterprise, the nature of the business, the
nature of your duties, and whether you intend to resign such position immediately upon
your appointment or election to judicial office.
am the Co-founder and President of2-4theshow.org, inc., a non profit that provides
surplus and unused tickets to theater and arts presentations to underprivileged youths.
33b. Since being admitted to the Bar, have you ever been engaged in any occupation,
business or profession other than the practice of law? If so, give details, including dates.
I was the co-owner of a dance dub in Orlando from 1990 to 1991. The club was called
Big Bang. From 1992 to 1993 I was the co-owner of a publication called Out Pages. It
was a directory of businesses and services for the gay community.
33c. State whether during the past five years you have received any fees or compensation of
any kind, other than for legal services rendered, from any _ business enterprise,
institution, organization, or association of any kind. If so, identify the source of such
compensation, the nature of the business enterprise, institution, organization or
association involved and the dates such compensation was paid and the amounts.
I have not.
The Commission is interested in knowing if there are certain types of cases, groups of
entities, or extended relationships or associations which would limit the cases for which
you could sit as the presiding judge. Please list all types or classification^ of cases or
litigants for which you as a general proposition believe it would be difficult for you to sit
as-the presiding judge. Indicate the reason for each situation as to why you believe you
might be in conflict. If you have prior judicial experience, describe the types of cases
from which you have recused yourself.
35a. Have you ever been convicted of a felony or a first degree misdemeanor?
Yes
No
XXX
Where convicted?
-K.---.-.-.V.
35b. Have you pled nolo contendere or pled guilty to a crime which is a felony or a first
degree misdemeanor?
Yes
No
XXX
Where convicted?
35c. Have you ever had the adjudication of guilt withheld for a crime which is a felony or a
first degree misdemeanor?
Yes
No
XXX
Rev. 100209-OGC
Date of Conviction:
Where convicted?
36a. Have you ever been sued by a client? If so, give particulars including name of client,
date suit filed, court, case number and disposition.
No.
36b. Has any lawsuit to your knowledge been filed alleging malpractice as a result of action or
inaction on your part?
No.
36c. Have you or your professional liability insurance carrier ever settled a claim against you
for professional malpractice? If so, give particulars, including the amounts involved.
No.
37a. Have you ever filed a personal petition in bankruptcy or has a petition in bankruptcy
been filed against you?
No.
37b. Have you ever owned more than 25% of the issued and outstanding shares or acted as
an officer or director of any corporation by which or against which a petition in
bankruptcy has been filed? If so, give name of corporation, your relationship to it and
date and caption of petition.
No.
38.
Have you ever been a party to a lawsuit either as a plaintiff or as a defendant? If so,
please supply the jurisdiction/county in which the lawsuit was filed, style, case number,
nature of the "lawsuit, whether you were Plaintiff or Defendant and its disposition.
In 1993 I was named in a foreclosure lawsuit (93-020125) as I was the tenant on the
property. In 2005,1 was one of six defendants when our properties were the_subject_of a
lawsuit based on a developer's attempt to keep us from selling (Margolis vs. Day by Day
Realty 04-11130). Both cases were in Broward. I was removed from the foreclosure
39.
are you presently under investigation for a breach of ethics or unprofessional conduct by
any court, administrative agency, bar association, or other professional group. If so, give
the particulars.
No,
40.
To your knowledge within the last ten years, have any of your current or former co-
or with your employer? If so, please state the date(s) of such formal complaint or formal
accusation(s), the'specific formal complaint or formal accusation(s)_mad_^ and the
background and resolution of such action(s). (Any complaint filed with JQC, refer to
32d(v).
No.
41.
Are you currently the subject of an investigation which could result in civil, administrative
10
Rev. 100209-OGC
If
or criminal action against you? If yes, please state the nature of the investigation, the
agency conducting the investigation and the expected completion date of the
investigation.
No.
42.
In the past ten years, have you been subject to or threatened with eviction proceedings?
If yes, please explain.
No.
43a. Have you filed all past tax returns as required by federal, state, local and other
government authorities?
No
D
Yes
n-.-.L-.".""-"
43c. Has a tax lien ever been filed against you? If so, by whom, when, where and why?
No.
If you have published any books or articles, list them, giving citations and dates.
No.
45.
List any honors, prizes or awards you have received. Give dates.
No.
46.
Adjunct Professor. Shepard Broad Law Center Nova University, Nova High School
"Poverty and the Law Symposium" 2012, panelist with Sr Helen preJean a^Death
Penalty Symposium 2014. I have given numerous lectures to the Public Defender's
Office on client relations, depositions, evidence, legal updates, trial practice and death
penalty cases.
No
48a. List all bar associations and professional societies of which you are a member and give
the titles and dates of any office which you may have held in such groups and
committees to which you belonged.
Broward County Bar Association, B'Nai B'rith, Hispanic Bar, GLLN, TJ Reddick Bar,
Weston Bar, South Broward Bar, Broward County Women's Bar.
48b. List. in a fully Identifiable fashion, al! organizations, other than those identified in
response to question No. 48(a), of which you have been amember_since graduating
from law school, including the titles and dates of any offices which you have hetd in each
such organization.
1]
Rev. 100209-OGC
My son, Harbordale School Association, Concerts, Kayaking, our rescue dogs, Cooking.
48d. Do you now or have you ever belonged to any club or organization that in practice or
policy restricts (or restricted during the time of your membership) its membership on the
basis of race, religion, national origin or sex? If so, detail the name and nature of the
club(s) or organizations), relevant policies and practices and whether you intend to
48e. Describe any pro bono legal work you have done. Give dates.
For eleven years I was both the proi bono Guardlcln and Attomeyfor1^ ^un^' ^h^as
declared incapacitated in 2003. I provide pro bono work for client's families and those in
need in the community. I work with Essie (Big Mama) Reed, Terry Scott and others
helping with those who in need of help with child custody, injunction, child support, and
traffic issues on a pro bono basis. I have worked in expungement workshops in trying to
help people get their records sealed if they have met the requirements of Florida law.
SUPPLEMENTAL INFORMATION:
49a. Have you attended any continuing legal education programs during the past five years?
f so, in what substantive areas?
49b. Have you taught any courses on law or lectured at bar association conferences, law
school forums, or continuing legal education programs? If so, in what substantive areas?
I taught at the School of Law at Nova Southeastern University in the areas of Trial
Advocacy, Psychology and Criminal Process, and Lawyer Skills and Values I worked in
the training division for Mr. Finkelstein. I taught trial advocacy to law_yers for the National
lnstitutute-of Trial Advocacy with Prof.'s Mark Dobson and Micheal Dale.
50.
Describe any additional education or other experience you have which could assist you
in holding judicial office.
Please see attached.
51. Explain the particular potential contribution you believe your selection would bring to this
position.
Please see attached.
52,
53.
I have applied twice before; when Judge's Cowart and Pollack retired.
Give any other information you feel would be helpful to the Commission in evaluating
your application.
Please See Attached.
12
Rev. 100209-OGC
Question 50 Describe any other experience you have which could assist you in holding this
office.
believe I have life experience which would help me see the difficulties that those who come
before the bench might face. I grew up during a time when being gay meant isolation at best
and criminal charges at worst, When I told my father that I was gay, his response was'Never
tell another person what you have just told me.' He said this to me because he loved me and
wanted to protect me. I spent many years hiding who I was. I was stalked and harassed, my
home was burglarized; but I never called the police for fear of being found out and losing my
job and license to practice law. Homophobia took a real toll on my personal life and my career.
I know what it is like to feel that I won't be heard. I would never do that to someone who came
before me. I will treat everyone with dignity and respect and make sure they know that the law
will be adhered to in my courtroom without regard for their status.
When I was 47 years old I resolved to realize my dream of being a mother. At the time it was
against the law for a gay person to adopt a child in Florida. I explored the option of
international adoption, and decided to adopt internationally, I went to Russia, alone, and met
my amazing son. I stayed there alone for a month and visited him all day, every day. I went to
Court and the Russian government approved my request. I went to the United States embassy
in Moscow with a toddler who did not understand me. t spent a week in Moscow with my bags,
my son, and my documents. We flew for 22 hours to come home to the United States. We
flew in to Houston and navigated through customs with my boy, our luggage and our
documents. When we got home to Fort Lauderdale, my son said his first English word to my
Dad; 'Papa/ In many ways, life began for me at 47. Many who come to court need
encouragement and hope, and to be told that good can come from trying. I think that I can
impart hope based on my experience, and encourage those who have obstacles to never, ever
I
give up.
Question 51. Explain the particular contribution your selection would bring to this position.
I have been practicing law for 30 years, but I have been a part of a family with a reverent
commitment to the law all of my life. My father, Bill Benson, practiced law for more than 53
years, until his 83rd birthday. People still stop me in the courthouse to tell me about his
generosity and dedication to the law, and to his clients. Dad would give generously of his time
to any lawyer that asked for help. I have tried to be that kind of lawyer as well.
have spent 30 years in the courthouse. I believe in the importance of role models. I learned
how to behave in court, and what was expected from attorneys, from my father, but also from
Judges Mowry, Nutarro, Zebedee Wright, and Fleet, to name a few, I think it is crucial that
young lawyers appear before Judges who have a deep respect for the rule of law and show that
the courtroom is a place of reverence. I will show up to court every day, on time, with a calm
and measured demeanor that reveals my family's deep commitment to following the law in
service to others in general, and to Broward in particular.
Q.uestion 53. Give any other information you feel would be helpful to the Commission in
evaluating your application.
believe that an attorney is not given the privilege to practice law, but instead promises a deep
commitment to her clients, and the rule of law. I believe that this extends to the judiciary as
well. As a judge I would be committed to giving my time and attention to those who come
before me. I would be on time, listen carefully and diligently, and rule based on the evidence
before me, in accordance with the law, 1 believe that anything less is an affront to our system
of justice and to the people of Broward County. The Judges that I have been honored to appear
before have patiently and selflessly given their time and attention to all parties. I would strive
to do the same.
53.
Give any other information you feel would be helpful to the Commission in evaluating
your application,
please see attached.
REFERENCES:
List the names, addresses and telephone numbers of ten persons who are in a position
to comment on your qualifications for judicial position and of whom inquiry may be made
by the Commission.
54.
1. Hon. George Moraitis, 2132 East Oakland Park Blvd., Suite 2, Ft. Lauderdale, FL
33306 (954) 563-4163
2. Hon. Ron Rothschild 4501 Van Buren Street, Hollywood, FL 33021(954) 224-6729
th
3. Hon. John J. Murphy, Rm 940b, Broward County Courthouse 201 SE 6In St, FTL
33301 (954) 831-1648
4. Mr. William Teili 1218 S.E. 3rd Avenue, Fort Lauderdale FL 33316 (954) 525-2221
th
5. Hon. Jeffrey Levenson, Rm 6850, Broward County Courthouse, 201 SE 61" St., FTL
33301 (954)831-7817
th
6. Mrs. Essie Reed, Team of Life, 2136 NE 8In St., FTL, FL 33311, (954) 584-1400
th
7. Hon. Lisa Porter, Rm. 4760, Broward County Courthouse, 201 SE 6m St., FTL 33301
(954) 831-0601
8. Mr. David Di Pietro, Esq., David Di Pietro and Associates, Legacy Bank Bldg., 12 SE
th
7In
Street, Suite 606, Ft. Lauderdale, FL 33301 (954) 712-3070
th
9. Hon. Kal Evans, Rm. 331, Broward County Courthosue, 201 SE 6In St., FTL 33301
(954)831-6713
10. Mr. Ben Baldanza, President, Spirit Airlines, Miramar, FL (954)494-2816
Rev. 100209-OGC
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HELEN E BENSON
125
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20 Locality nsrne
.i
.f
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0MB Kc,1Iy5C-008
This ^nformstion is being furnished to the intema! Revenue Sen/icG. Ef you are requifed tc flte a tax return, a
negligGnc-e penaEty or other sgnction may be Ernposed on you if this Incofne EK ta.xabls and you faii TO report it
FORM 6
Please enter the value of your net worth as of December 31 or a more current date, [Note; Net worth is not calculated
by'subtracting your reported liabilities from your reported assets, so please see the instructions on page 3.]
My net worth as of 12/31, 20U was $509AQO.
PART B - ASSETS
Household goods and personal effects may be reported in a lump sum if their aggregate value exceeds$1,000 This
category includes any of the following, if not held for i"vestmentPurPoses'.Jewelry^G^llecti^J3.f,stamPs^gun^rld
numtsmafcitems^rt objects; househofd equipment and: furnishings; clothing; other household items; and vehicles for
personal use.
The aggregate value of my household goods and personal effects (described above) is $ 633,000,
ASSETS INDIVIDUALLY VALUED AT OVER $1,000:
DESCRIPTION OF ASSET (specific description Is required - see instructions p. 3)
VALUE OF ASSET
5,000.
1999 JeepWrangler
-M<A
350,000.
f'/f^M^mw^^^vf?"^
169,000
27,000.
88,000.
Savings
PART C - LIABILITIES
LIABILITIES IN EXCESS OF $1,000 (See instructions on page 4):
AMOUNT OF LIABILITY
A. .v^ .-AW
-ru.' V^
130,000
.wnw
^UAW.
.-^-.-^-
AMOUNT OF LIABILITY
fl
15
Rev, 062414-OGC
PART D - INCOME
You may EITHER (1) file a complete copy of your latest federal income tax return includtng all W^s, schedlites'and
attack, -OR (2) file a sworn statement identifying each separate source and amount of income which exceeds
$1,000 including secondary sources of income, by completing the remainder of Part D, below
elect to file a copy of my latest federal income tax return and all W2's, schedules, and attachments.
(if you check this box and attach a copy of your latest tax return, you need not complete the remainder of Part D.
PRIMARY SOURCE OF INCOME (See instructions on page 5):
AMOUNT
Am
.fjrw
^riwAW^I
SECONDARY SOURCES OF INCOME [Major customers, clients, etc., of businesses owned by reporting person-see instructions on page 6]
NAME OF
BUSINESS ENTITY
PRINCIPAL BUSINESS
ACTfVn"Y OF SOURCE
ADDRESS
OF SOURCE
;V-^-J\^^T^VHy//.---AJ/--J^^^
-M<
<m\w.w. fwmv.v,-,
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BUSINESS ENTITY #1
BUSINESS ENTITY #3
^w
^TMfMW^MV.
.-r'.'TW
f"W1f*
.V-
nonprofit
-M^L^rtAAA^
NATURE OF MY
OWNERSHIP INTEREST
^^^%i^^^
sna a
IF ANY OF PARTS A THROUGH E ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE
s
OATH
STATE OF FLORIDA
COUNTY OF Broward
complete.
16
Rev. 062414-OGC
day
.i
Dear Betsy,
Your 2014 Federal Individual Income Tax return will be electronically filed with the Internal
Revenue Service upon receipt of a signed Form 8879 - IRS e-file Signature Authorization. No
tax is payable with the filing of this return. The refund of $3,761 will be directly deposited into
your checking account.
Under the Affordable Care Act, you and each member of your household had either health
coverage or an exemption for each month during 2014. No individual shared responsibility
payment is due with the filing of this return.
Please be sure to call if you have any questions.
Sincerely,
Diana J. Whitelocke
T-f""".
Form8879
>
^
Social security number
Tsxpgty&f's name
***_**_****
HELEN E. BENSON
SpQuy^'S name
Part
Tax Return {nfonrsation - Tax Year Ending Deeemberjtl, 2014 (Whole Dollars^pnly)
Adfuiied gross incomeTForm 1040. line 38;'Fom:Tf64.0A,iineS2; Form 1040EZ, line 4).
2
83,612.
9, 469.
13,230.
i^jsk.
/.
2
3
4
5
Total tax (Form 1040, line 63; Form 1040A, line 39; Form W40EZ, line 12)
Federal income tax withheld (Form 1040, line 64; Form 1040A, line 40; Form 1040EZ, line 7)..
Refund (Form 1040, line 76a; Form 1040A, line 48a; Form 1040EZ, line 13a; Form 1G40-SS, Part 1, line 13a> ...
Amount you owe (Form 1040, line 78; Form 1040A, line 50; Form 1040EZ, iine 14)..,.,...... ..,".
>
Part H [Taxpayer Declaration and Signature Authorization (Be sure you get and keep a copy of your return)
December 31,2014, and to the tet of my knowledge and belief Jt is true correct
^ome'ta/reum.'i consent to atowr^nterm^ate service pmider, transmittw, or electronic return originator (ERO) to send my return to the IRS and to receive from theiRS(a)m
^o;^^'of^pt.^n..^of.e^^s,on^)..T^a^l^^^^^^^t^^^^
auttor^elea^ Treasu^'and itedesign^Firiancial Agent to initiate an ACH electronic funds witharawal (diTertdeUt;ierrtiy_totnefmanaalmstit^n^ountjncicate^m e tax
OTparationsoitwarefor^yment'ofmyWeral taxes owed on this return and/o^ payment of estimated tax,^ndthe_finanda! Mution So_deb;t theentr^to {^ "ccountjte
S^sTremam In' viforce'and'effect'untiU'notifythe'U.S. Treasury Financial Agent to terminate'the authorization. To revoke (cancel) a payment, I must contact the U.&
pament. Tfu-toacknowiedgethat te'perso^al identification number (PIN) below is my signature for my electronic income tax return and, if applicable, my Electronic Funds
Withdrawal Consent.
25495
Enter five digits, but do
Date .
----...-
4/06/2015
Jj I authorize
as my signature on rny tax year 2014 electronically filed income tax return.
D
I] L.wlJi^teL^'y,f.!?^tTJ;^i?;[LaJ'J^i^i^!te^Jt?)?L^or1^i^l^^a^il^An^?pt^^^^^
only if you
own'P^nd'you^ur^s'fned'using'the pradi^ner PIN method T^eERO must comptets
Partare
111enterin9
below. yc"Jr
Spouses stgnature
Daie &-
j^." m-^^^^-^--^
60246011226
ERO's EFIH/PiN. Enter your six-digit EFIN followed by your five-digit sel'-selected PIN.
mdPublication'134^ Handbook for" Aulhonzed IRS e-Ate Providers of Individual Income Tax Returns.
ERO's sajnstw
Da'.e
V"
>-
4/06/2015
BAA For Paperwork Reduction Act Notice, see your tax return instructions
rDIA 17011
3.;29.'11
i 8879 (201 A)
Form
(99)
1040
, 2014, ending
For the yrai Jan 1 . Dec 3!, 2014, or other tax year b^mning
Last n^Ene
,20
**.*-**-.*.**.*
HELEN E. BENSON
lat>t name
Apartment no
Hofns address (number srtd stre^Q, \t you have a P.O. box, see ;nslruct!ons
- --
ciiy.lowr ' P"sS ofliCe, sia(e,3nd ZIP code " you ha-;e a ioreign address, also comBlcle spaces below (see instructions),
Foreign {'K'Eiyin&efetgiWc&oNy
Single
Filing Status
Check only
one box.
6a
Exemptions
b
c
name here .
B-
Xj Yourself. If someone can claim you as a dependent, do not check box 6a., ........
(2) Depencfenl's
social securiiy
(4)</
(3)De)K!n<tert's
relalJonship
number
t7
with you
ir,, fur
<]i|,ili{,-;iK)
to you
LillltJ'td
c
(^&ti iPSl?S)
t^U^tft-dtVQrcp
SON
or sepftr^tion
(see Jn&trs)t>
DdfMsndents
dependents, see
instructions and
check her&..
>.
Income
Attach Form(s)
W-2 here. Also
attach Forms
W-2G and 1099-R
if tax was withheld.
see instructions.
^.tnAn,
Add numbers
on lines
r^"^w
above
<
83,596.
7
8a
16,
9a
f,
10
10 Taxable refunds, credits, or offsets of state and local income taxes. >...
11 Alimony received
12 Business income or (loss), Attach Schedule C or C-EZ,..
13 Capital gain or (loss), Att Sch D if read. If not reqd, ck here
14 Other gains or (losses). Attach Form 4797..
11
<F
12
i>-
13
14
1C
15 a IRA disii'ibutions.
16 a Pensions and annuities .
?.
15b
b Taxable amount
b Taxable amount
15a
16a
16b
17
18
17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E
18 Farm income or (loss). Attach Schedule F
19 Unemployment compensation.
20 a Socia! secuntv benefits
21
19
_J b Taxable amount
20a
Gross
Combine the amounts in the far right column for lines 7 Itu'ougM 2!. This is your total mcome
23
23 Educator expenses
24 Certain business expenses of rescrwsSs, performing artists, and 'ee-basis
24
government officials. Attach Form ?10G or 2106-EZ
Income
25
26
.J^.-.'
f-
21
22
'<.:.
;;
27
unt^ T .UJUJti^JWJCOCO^J^^^--"
8lL612..1
:;:.
28
29
.;-;
30
:-.
-r
31 a
>
:-:
IRA deduction
20 b
Other income
22
Adjusted
on .6e not
entered aboue
W^SWM-W^
ww
did not
f7n
***_**_****
%Iroad
thit<! ur<!fyr
Last name
Bas&S checked
on 6^iEt9ri6h . .
^o of chUdren
on 6c who
Spouse,
Dependents:
["[Spouse
Xi You
8903
32
33
34
35
37 Subtract line 36 from line 22. This is your adjusted gross income
BAA For DTsdosure, Privacy Act.andlPaperwork Reduction Act Notice, see separate instructions.
>.
D1A01I2L
36
0.
37
83,612.
12'^9;
F' .^
i"T
040 (2014)
Form 1040(2014)
HELEN E. BENSON
38
Tax and
Credits
a Blind.-l_
Total boxes
If:
b if your spouse itemizes on a separate return or you were a dual'status alien, check here
40 Itemized deductions (from Schedule A) or your standard deduction (see left margin)
Standard
Deduction
for
>
39 a
39 b
R
42 Exemptions. If line 38 is $152,525 or less, multiple $3,950 by the number on line 6d. Otherwise, see instrs .
43 Taxable income. Subtract line 42 from line 41.
dependent, see
a DFOrm(s) 8814
Single or
Married filing
52
Head of
49
n 380C b D8801
51
52
550,
53
54
h-
<
60 a
60 b
61
62
I*-
<..?
66a
Payments
^youh^a 1_65 20i4 estlmated tax Payments and amou"t aPP'ied frOT 20'3 returil
<1
66 b
67
68
68
69
70
71
-^-^,
Is Attach Foirn^.136
"a
Reserved c
Reserved d
72
73
>
Refund
9,469.
63
13,230.
&4
65
: a D'
9,469.
59
< 1;
1,150.
56
58
8919., .. ...
jfr"
55
57
10,619.
KW"
Schedule EIC,
0.
600.
59 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required . ",
60 a Household employment taxes from Schedule H
b First-time homebuyer credit repayment. Attach Form 5405 if required ...
61 Health care: individual responsibility (see instrucfons) Full-year coverage
child, atfach
10,619.
50
.<
qualifying
44
45
46
.^"
56 Subtract line 55 from line 47. If line 55 is more than line 47, enter -0-..
57
64,822.,
47
Other
Taxes
7,900,
43
iff^fwwmwmxrf?frrr"\
household,
$9,100
42
48
widow(er),
$1 2,400
72,722,
:WWK
>.
joint;;? or
Qualifying
48
separately
$6', 200
Married filing
10,890.
40
41
b I I Form 4972..
instructions.
All others;
83,612.
8 People who
check any box
on line 39a or
Page 2
38
.*
74
13,230.
75
3.761.
76a Amount of line 75 you want refunded to you. If Form 8888 isattached, check here . *' [J]j 76 a
Direct deposit7
See instructions
>
b Rouung number
fr-
d Account number,
77
:-:.
78 Amount you owe. Subtract Hne 74 from line 63. For details on how to pay, see inslructians,,.
Do you want to allow another person to discuss this return with the IRS (see instructions)?.
Designee's
name
78
79
Third Party
Designee
J!.
.;-;
Amount
You Owe
Phone >
Diana J. Whitelocke
nc.
Persons! [denti'ica^on
954-925-9989
nu-naer (PIN)
DNo
'--"-' ' ' . -'-"-^
Uncef penaUies of pe(;ufy> I declarG that i h^ve exarn:^ d Ihis fe[urn arid ac<;9mpany<ng schisdules <3nd staterTients, ano to iriO bc'sl o? rny i<,ncv.':edge ancj
be!ie?, ihey are tfue. correcl. snd ccrnplele. Deciaration oi yrepai'e? (oihef U";<;?^ ^stpayeO 'as bgs^ on a!i li'iiormation o? which p'epaier has sny knowledgs
Here
Date
Your signalure
^\
Joint return /
See insiruc'.ions
Keep a copy
for your lecords
r',
L>aie
55928
>
^QQOFHJ^nuuau
Sign
'^fM
3 761.
Ji
Your occupation
ATTORNEY
954-831-8413
f the IPS^senl you sn !den;K-,' '"-'ro
SpQUSS'S OCCUp^tOH
?">
^v^^v^^vwrfv
Paid
Preparer
Use Only
FOIAO'IEL
^1-^-L
12
^L9/14
FEf*yyTe:'s SKjnaiure
Diana J. Whitelocke
F irm's Fame
Fi'Tn's. address
ST
&-
Dale
Cri&c"
^ei'r<-irip!oyf:c
PTIN
P00997553
65-0355928
925-9989
Form 1040 (2014)
(954)
2014
>-
Dcpari.'nenl of the^Jfc^wy
(99)
0MB Nc 1545.0074
temized Deductions
SCHEDULE A
(Form 1040)
Attachment
Sequence No
HELEN E. BENSQN
Caution. Do not include expenses reimbursed or paid by others
Medical
***_**-****
and
Dental
Expenses
Statement 2
2,675.
83,612.
3 iVlulnply ime 2 by 10% (.10$. But if either you w your spouse was born before
8,361.
4
Taxes You
Paid
>
a Q Income taxes, or
,,Se.e..St.9 tenant..3
898.
2,670.
0.
3 568.
.I
07
t*w*(
8
<*ff
Add
.nMi
; .?.
through 8.
10 Home mtg interest and points reported to you on Fol'n
9
interest
You Paid
fv^f.
WA.
-. I . . L
ines c;
^^
See St 4 10
098
i^27.0_
Wv
11 Home mortgage interest not reported to you on Form 1098. Ispid to the person
from whom you bought the home, see instructions and show that person's name
i-
Your mortgage
.^mwSi
"-*-
.wu
1
interest
deduction may
v<-^
be limited (see
nstructions).
<M& *w^-
v<
^wh
^ouc **^
InK
/A^f/
n
fcnAI^
fvwji
*mA
r<N>
Aunt
12
13
12 Points not reported to you on Form 1098. See instrs for sod rules.
13 Mortgage insurance premiums (see instructions)
14 Investment interest. Attach Form 4952 if required.
14
(See mstrs.)
15
Gifts to
Charity
If you made a
gift and got a
benefit for it,
see instructions.
16
19
982.
20
0.
ti
/
/
>
17
over $500.... .
18
Casuafty'irTd
Job Expenses
4,27 CL
982.
15
rf
and Certain
Miscellaneous
Deductions
.f.
]>
JVVJtti
.ft^^v
21
3,442.
22
300.
tfr-
J-H^
A^*u
^__-
.w^^
23
vwft
flF'TV
UtRcT-
*^
aw
V1M*
*wtf
A--^
^XIV
3,742.
24
L25_
--^
83,612.
1,6"? 2.
26
27
27 Subtract line 26 from hne 24. If line 26 is more than line 24, enter -0>28 Oiher - from list in instructions. Lisi type and arnouni
Miscellaneous
Deductions
Total
Itemized
Deductions
I 28
LJJ-CL
0.
29
[~| Yes. Your (leduchon may bejimited. See the iteffiizec Deductions Worksheet
1^890,
V^-MV>.WXW,
30
you elect to Uem^e dedudicns even though they are less Sha" your standard
>
BAA For Paperwork Reduction Act Notice, see Form 1040 instructions.
^-
U'AOiU i
-\
I2'?a"u
D
Scheduie A (Form 1040) 2014
SCHEDULE B
Department of the Tr&ss.ury
Internal Revenije S^fv%<;?
0MB No 1545.0074
(99)
Attachment
Seciuence No 08
^-
*.*.*.-**_^***
HELEN E. BENSON
Part)
Interest
List name of payer. If any interes'i is ftom a sejler-tinanced mprtgage ana the buyer used
(See
Bank of America
Amount
She property as a personal residence, see Die instructions and list iBs interest iirsl Also,
show thai buyer's social security number and address .-
instruciions for
Form 1040A, or
+0^< -^T
Form 1040,
me 8a.)
fHAK
v^*
mrT
/ft^*
TWW
-J... J
Note. If you
iece:ved-s Fonn
1099.IMT, Form
1099.0!Q, or
sub&tilnte stslemsnl
from a broHsrags
firm. Sisl the fi'm's
name as ihfi p^yc-r
and enter thskilaE
16.
.<>fcTV
-".-
-v^-f
^u_a
".!'
WM
^
Mrt^
"*-*
^w*.
r-r-j.
'^w-
*"*.
dastm
J Krt
Tiwn
Wffi-
.Ann-
-^tf^Hf.
^-<
--jfvrv^
^-fl- A^- A^
'I.'I'IE
9TT7-
.'..?'-
."V"-
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^rv^
V, -n
nlerest shown on
.Shat form,
-t^^"
'ww.
-Ku,
.M-^*.
yfM.
rWV^
fl*N
^h-di
-r*'--
v^w
vm
-w
AiT"
jfcA^i
^uau
^Wd*
J*<w^
Vfw
^mi
flnl
< *. V-
:<nn
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I..JJ
!...:
nnft;
.^c^
anrtt-
^*m*
v^
r/+n^- .-fwwr
r'rrt
Awff
V"M
f~-
Excludable interest on series EE and I U.S. savings bonds issued after 1989. Attach
Form 8815.
4
Part II
Subtract line 3 from line 2. Enter the result here and m Rirm lfi40A,,or Form 1040,: line 8a
fwf-
jwwf,
AwflA
vmKK ^vfM
Ordinary
jwnfr
Dividencis
.totrtb
(See
^***-
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instructions for
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Form 1040
16.
4
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>
^VAV^ft
Part ill
Foreign
Accounts
and Trusts
(See
instructions)
0.
Yes
No
7 a AS any time during 2014, did you have a financial interest in or signature authonty over a financia
account (such as a bank account, securities account, or brokerage account) located in a foreign country?
See instriictions
f 'Yes,' are you required to file FinCEN Form 114, Fteport of Foreign Bank and Financial Accounts JFBAR), io
report thai Itnanciai inteFest o! s>gnafure authority? See FmCEN Form 114 and its instrucSions for filnKj
requirements and exceplions to ihose requirefnenis
b If you are required to file FinCEN Form 114, enter the name of the ioreign country where the financial
account is located
s-
8 During 2014, did you leceiye a disinbujion fro'i, or were yDu the grantor of, or transferor to, a foreign trusi? If
"Ves, you may have to file Form 3520 See insiructiohs
BAA For Papemork Reduction Act Notice, see your tax return instructions.
FDIA0401
ymm
Form
2441
>.
2014
AHachment
(99)
>
Sequence No.
21
HELEN EBENSON
Persons or Organizations
Part I
***_**
* * fc *
(If you have more than Iwo care providers, see she instructions.)
vwvwvw - -^M^-
(b) Address
7,405.
45-4213648
No
>
Yes
^-
Caution, if the care was provided ,n your home.j/ou may cm employment taxes. If you do, you cannot fiie Form 1040A. For detaiis,
see the instructions for Form 1040, line 60a, or Form 1040NR, line Sfe.
Part.H
2
**_****
* -k *
BENSON
BOND
3 Add the amounts in column (c) of !.ne 2. Do not enter more than $3,000 for one qualifying person or $6,000
5
6
If marned filing jointly, enter your spouse's earned income (if you or your spouse was a student
or was disabled, see the instructions); all others, enter the amount from line 4 ,.
nier the amount from Form 1040, line 38; Form 1040A, line 22; or Form
1040NR, line 37..
83,596.
3, 000.
Enter on line 8 the decimal amount shown below that applies to the amount on line 7
I! line 7 is:
But not
Over
over
$0 15,000
15,000 - 17,000
17,000 - 19,000
19,000 2'i ,000
21,000 - 23,000
23,QOO - 25,000
25,000 - 27,000
27,000 - 29,000
10
3,000,
83,596,
83,612.
.r.
If line 7 is:
LJJ35;
for two or more persons. If you completed Part III, enter the amount ?rom line 31.....
Last
First
^
c) Qualified expenses
Decimal
amount is
.35
Over
But not
Decimal
over
amount is
.u.l,-L . . JL JL+
$29,000 - 31,000
.27
.34
31,000 - 33,000
,26
,33
.25
.30
33,000 - 35,000
35,000 37,000
37,000 39,000
39,000 - 41,000
29
41.000 -43,000
21
28
43,000 - No limit
20
.32
.31
.24
Fax liability limit. Enter the amount from the Credit Limit Worksheet
22
10
here and on Form 1040, Sme 49; Form 1C40A, line 31; or Form 104pNR, line_47_
BAA For Paperwork Reduction Act Notice, see your tax return instructions.
600.
11 Credit (or child and dependent care expenses. Enter the smaller of line 9 or I me 10
.20
.23
Multiply line 6 by the decimal amount on line 8. 'f you paid 2013 expenses in 2014, see the instructions ,
in the .nstrucdons
10,619.
:_"J
n
600.
Form 2441 (20'i4;
fli
2106
Form
(99 /'
fr.
2014
AUiX'ht^efif
Seqw^e^ ^o
Information about Form 2106 and its separate instructions is available at ivww.irs.goy/form2t06.
Your name
HELEN E. BENSON
Part i
OM3 No 1545.0074
ATTORNEY
***
**_****
Parking fees, lolis, and transportation, including train, bus, etc., that did not
involve overnight travel or commuting to and from work..,. .
.\
Travel expense whiie away from home overnight, including lodging, airplane,
2
3
Meals and
Enterta'nrnent
2 369.
See instruciions.).
Column B
129
1,042.
^.
Total expenses. In Column A, add lines 1 through 4 and enter the result.
5
6
61.
1
^
61.
3,411,
Note. If you were not reimbursed for any expenses in Step 1, skip line 7 and enter ihe amount from line 6 on line 8.
Step 2 Enter Reimbursements Received From Your Employer for Expenses Listed in Step 1
w
-^
yoy:!n box ! of Form W2,Jnclude any reimbursements reported under code 'L'
in Box 12ofyoufF6rmW-2 (see itistnjctions)..
8 Subtract line 7 from line 6. If zero or less, enter -0-. However, if line 7 is greater
than line 6 in Column A, r-eport the excess as income on Form 1040, line 7 (or
on Form 1040NR, line 8)
3,411.
61.
3,411.
31.
Noie. ft both columns oj line 8 are zero, you cannot deduct employee
business expenses. Stop here and attach Form 2106 to your return.
^t
n Column A, enter the aiwunt from line 8. In Column B, multiply Sins 8 by 50%
^ lOUi'S of
(.50). (Employees subject to Department of Transpprtation (DO
iefVfce limrts: Muitiply meal expenses inc'urred whiie away from home on
business by 80% (,8Q) instead of 50%. For details, see inslrucliQns.),.
10 Add ',he amounis on line 9 of both columns and enter the total here. Also, enter the total on Schedule A
(Form 1040), line 21 (or on Schedule A (Form 1040NR), tne 7), (Armed .Forces reservists; qualiiied
performing arlssts, fee-basis state or locai government officials, and individuals with disabilities: See (he
inslTuctions for special rules on where to enter the iota!.).
10
3,442.
Form 2106 (2014
BAA For Paperwork Reduction Act Notice, see your tax return instructions.
FOiA2?i21
>
C9''03''!^
.^
Form 2106(2014)
Part It
Vehicle Expenses
Section A - Genera! information o/ou must complete this section if
you are claiming vehicle expenses.)
(b) Vehicle 2
(a) Vehicle 1
11/05/05
12
12
13,000 miles
13
13
4,2i0i_miles
14
15
32.54 %
9 miles
16
2,025 miles
17
6,745 miles
14
Page 2
HELEN E.BENSON
Was your vehicle available for personal use during off-duty hours?
19 Do you (or your spouse) have another vehicle available for personal use?..
20 Do you have evidence to support your deduction?.
18
miles
miles
%
miles
miles
miles
x
x
x
x
fl
* K
No
2;3,69.
f,
24 a
No
Yes
(b) Vehicle 2
MYehide
r- T T
23
insurance, etc.....
24 a Vehicle rentals ....
No
Yes
22
No
Yes
n*Ui1
Yes
iritoftl*^
21
ictlorlS.~;AC1Eua!^SXenses
WW
1
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24 b
r
24 c
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25
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26
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rf
/
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.>
27
on line 14
.>
/
28
.>
.>
ti
/
29
29
.>
Section D - Depreciation Of Vehicles (Use this section onty if you owned thtrvehicle and are compledng Section C for ite_vehi^[i_.)
(b) Vehicle 2
(a) Vehicle 1
30
31
32
(see instructions).
30
31
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33
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FOIA2712L 09;03;14
<ft
Federal Statements
2014
Page 1
**..*,MKMX
h
K
HELEN E. BENSON
Statement 1
Form 1040
Wage Schedule
Medi-
Federal
__Tax&a
r - Employer
State of Florida
_Wages__
T*l* liKmK^
Grand Total
83JiliL
83,596.
HZH
FICA
care
13,230.
13,230.
5,729.
5,729.
1,. 340,
1,340,
State
W/H
0.
Local
W/H
0.
Statement 2
Schedule A, Line 1
Medical and Dentai Expenses
2,675.
Total
2,675.
Total
$
$
2,670.
Statement 3
Schedule A, Line 6
.:
<
<
2^670^
Statement 4
Schedule A, Line 10
.V
h ^
4,270.
LT y
Total $
4,27(L
Statement 5
Schedule A, Line 16
982.
982.
Statement 6 - ATTORNEY
Drop Box.
Dues
Website..
Total
1,042.
Page 1
Vehicle/Unreimbursed Expenses
2014
HELEN E. BENSON
a
Jeep
11/05/05
13,000
4,230
0.3254
2,369.
931.
1,438.
Actual Expenses:
6. Gasoline, lube and oil
1. Repairs
8, Tires
9. Insurance
10. Miscellaneous
0.
0.
Std Mileage
2,369.
A;
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W-2
FORM
STATEMENT
Copy C -For EMPLOYEE'S RECORDS
AA4 ? 7'/ Rrw 01 '2' /?C 1.1
Dt^p^rtniti
This ;nforrn^i;ort
neaiigeF'c^
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t
CERTIFICATE
have read the foregoing questions carefully and have answered them truthfully, fully
and completely. I hereby waive notice by and authorize The Florida Bar or any of its
committees, educational and other institutions, the Judicial Qualifications Commission,
the Florida Board of Bar Examiners or any judicial or professional disciplinary or
questionnaire and other information received from or concerning me, and all interviews
and proceedings of the commission, except for deliberations by the commission, sha
be open to the public.
Further, I stipulate I have read, and understand the requirements of the Florida Code of
Judicial Conduct.
Dated this
day of
J^ / <? 6A<^
,20_^
^?
'Bs-rsy 'ff^^^^^
.^
/
/
;::
y
Printed Name
/
A---''
3,
^-"
0-
Signature
/
judges, and county court judges; the home addresses, telephone numbers, and places ^
of employment of'the spouses and children of justices and judges, and the names and
locations of schoois and day care facilities attended by the children of justices and
judges are exempt from the provisions of subsection (1), dealing with public records.
13
Rev. 100209-OGC
The judiciai application shall include a separate page asking appliGants to identify their
race, ethnicity and gender. Completion of this page shall be optional, and tHe page shall
include an explanation that the information is requested for data GolleGtion purposes
in the judiciary. The chair of the
in order to assess and promote diversity
Commission shal! forward ail such completed pages, along with the names of the
nominees to the JNC Coordinator in the Governor's Office (pursuant to JNC Uniform
Ruie of Procedure).
vdW^^*h"
November 9, 2015
Betsv Benson
Name (please print):
Asst. Public Defender, Capital Crimes Division
Current Occupation:
Attorney No.: 434280
Telephone Number:
Female
D Male
Gender (check one):
White, non Hispanic
Ethnic Origin (check one):
Hispanic
D Black
Vf^^,
D
D
22
Rev. 100209-OGC
-"-^~^^*""--*""-'
The Florida Department of Law Enforcement (FDLE) may obtain one or mor^consumer
reports, including but not limited to credit reports about^ you for_emPlloymen^uJ'pos^
as'defned-bythe Fair Credit Reporting Act, including for determinations related to Initia
have read and understand the above Disclosure. I authorize the Florida Department of
Law "Enforcement (FDLE) to obtain one or more consumer reports on me, for
employment purposes, as described in the above Disclosure.
Printed Name of
Betg^Benson
Applicant:
/*
Signature of Applicant:
/.
t:
,.3
/<---
Date:
10/30/2015
23
Rev. 100209-OGC
i^
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