20121020

Life Changing Stories... Prison Without Conviction

"I came to make a new life in Florida in 1989 from California." It was a mistake beyond my wildest dreams! In 1992 while doing research on a Documentary Film I was making, I purchased from a Adult Magazine advertisement a Adult Video that was first produced in the 1960's in San Francisco. The purpose was to take footage from that Video for my Film. The video came and it had all the marking of a Commercial Adult Video, FBI Code etc. This was legal material. Several months later, I received a letter advertising new videos available from the same Producer's of the Video I purchased. There were no pictures but the language and description of each video was questionable. I bit and purchased the videos and used my Video Company Check to do so. Six months later, I neither received the Videos or was the Check cashed. I canceled the check. Several weeks later I have a answer machine message and a male voice stating he was the Distributor of the Videos he was sorry and said there was a flood at his company and the Videos would arrive the next morning. Sure enough, around 10am the Mail Carrier (Orange County) gave me a Box and asked me to sign. I set the box down on a counter, opened up the box and looked at one of Video Cassettes. There was finger print dust all over the top of each tape. I knew immediately something was wrong. Then all hell broke loose... unmarked Police cars everywhere at my Condo. The pounding at my door came when I was getting dressed upstairs. I finished dressing, opened the door and was shoved against the wall and immediately hand-cuffed. FDLE yells a blond lady, where is the Video Studio calls out a male Agent? I'm presented with two warrants. Warrant#1 is for Possession of Materials depicting the Sexual Performance of a Minor and Warrant#2 is for Promotion/Distribution of said Materials. The Videos I purchased came from out of state, Iowa to be exact. I decided to give up my rights and talk. A cooler with food and soft drinks was brought in. I had a word processor, no computer in those days. No e-mail or harddrives in those days either. They asked the normal questions, I answered truthfully everything asked. The Agent in charge of the Investigation was a Woman and she gave me her card and acted like she really cared about the outcome of this mess. I did not have a Attorney to call.

Since there was no big Video Studio and I was not a Distributor nor Promoting, they dropped that warrant and charge at the time of my arrest.

They locked up my condo after searching everything and they even took all my other tapes including my Mom's wedding video. Tossed me in a Orange County SUV and hauled me off to 33rd Street. My bail was low set at $1000.00 and they said I needed to pay 10% so I did and used a local Bail Bondsman and got out a few hours after booking. I hired a x-State Prosecutor whom called my case "The Worst Case of Entrapment he had ever heard of! He said day one, that it would be Probation, Community Service and Counseling, no Jail Sentence for sure as long as I plead no contest! I did, had a Sentence Hearing only and that is exactly what I got, 8 years of Supervised Probation, 200 hours Community Service and Counseling of my choice and they threw in No Nudity in the house! I shook hands with the Lawyer and that was that.

Adjudication was Withheld 9th District Orlando in my case.

I found a great Counseling Center downtown Orlando and my Therapist was a Navy Chaplain as well. Along with the 8 Years of Probation, I received 1.5 years of Counseling. My final evaluation states, I was and is no threat to Society. In 1993 the year of my sentencing, there was no Sex Offender term or Registration. It was during my Probation period and in 1997 that I was added to FDLE database as a Sexual Offender. My original code on my crime was possession of Obscene Materials now changed to Possession of Materials Depicting the Sexual Performance of a Child. My community service was completed with the FDLE and I helped Write and Produce a Video titled "Remember, the Child Remembers". which is a FDLE training and research video still is use today. Very strange that the Investigators in my case would hire me if you will so as I could complete my 200 hours of Community Service with them.

There was a crazy rumor that I was on TV in a mug shot but that rumor was caused by a Musical Artist that decided that I was a Monster. Then my friends demanded to know what happened and of course you tell them the truth and then they tell you to get out forever! I lost almost all my clients and all my close friends including a Girlfriend because of the FDLE RSO Flyer appearing on the Internet. My Mother still does not understand even today what happened. She is a very progressive woman but in my case just says; Forget it and move on.. you made a mistake, its over! But we all know that not only that its not over, it gets progressively worse as the years roll on. Within my Condo Association the President called me a Pedo to my face on Christmas eve and demanded I take down my Christmas decorations. That is the only time I came to actually punching somebody out post my release in 2001 from Orange County Probation. But instead, I explained my crime and he said he was sorry and I walked away.

"It was then I decided to get angry and begin a fight that continues today."

I have abided by all RSO's laws, been a model Citizen and have been squeaky clean of any problems since. I should mention other than a 1975 conviction in California of DWI, my record was clean up to 1992. So now after 10 years of Release I have filed with The State of Florida Parole Division for Executive Clemency and a Full Pardon. Although my Application has been accepted, my Case is pending Investigation. If I'm turned down, then I can reapply after 2 years as long as you are not arrested and convicted of anything. For myself of course I want off the Registry and even if that happens I will still have to file for Expungment within current Florida Law. It has killed me as a Documentary Filmmaker, killed my Video Company and my name dragged through the mud. If you were wondering, no I never viewed the Videos and a request to FDLE to view the Evidence was denied as my Lawyer put it; It was fabricated materials made from Police Evidence Tapes. I was part of a large Sting throughout the Nation that centered on names on file with specific Video Companies suspected of Distributing Child porn.

So I get 25 to Life as a RSO in Florida... and that is the Short Form of my Story, the long Form is still an open and unwritten book.

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