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  1. #1
    Join Date
    Apr 2006
    Location
    Titusville, Florida
    Posts
    4

    Default Jury Didn't Listen to the Court's Instructions

    Just briefly I will some up the Case and then as this post progresses, I will add to it.....there is a lot to try to mention....

    First, I was accused of exposing my sexual organs to a 65 year old female cashier, named Wilma D. Reese. I am 32 years old (make any sense!?!?!).

    There is supposedly another witness that is another 60 year old female cashier, Linda M. Potucek. NO OTHER PEOPLE in the store saw any of this but them

    Situation:

    I was standing in a Wal-Mart check out line, 2:44 PM in the very busy middle of the afternoon. I am a PI and I just got back from my 8 hour job of sitting in hot car doing surveillance. I stopped at Wal-Mart to get "cash back" of $40 to go on the gambling ship with my Mother and fiancée. I went to the line and grabbed a fast Lemonade from the refrigerator, and that was what I was going to buy so that I could do the cash-back with me debit card. I walk up in line.....the cashier ( the one that accused me )is apparently have issues with ever customer's ordered. She is taking a very long time, others in the line are getting fatigued, and I am even taking to the people around me for small talk.

    I am up next, I place my lemonade on the counter Wilma runs it, and then she places it on the pedestal where you right your checks, etc. She then tells me that she has an issue with the register and she needs to call the home office to have it fixed. I think, "...well great, now my order has any issue..." I stand there for a good 10-15 minutes, and I finally pickup my drink and tell her that I am going to another register....

    Next thing I know, I hear her yell out, "...he's leaving, he's leaving..." Then a Wal-Mart security guy approaches me and tells me that he "needs to ask me a few questions". My first thought is that he wants to ask me about Wilma's job performance and my experience (maybe they are looking to fire her??)

    They sit me in a room and shit the door, and never tell whets really going on.

    I am going to end this part of the story and jump to the trail, since the Cop that was came never came to court due to an illness, and he totally screwed that situation up as well, did not read me my rights, threaten to show me on TV and take away my PI license....etc....

    It goes to trial. That is a complete joke. The two women tell completely different stories. It is SO obviously different stories. There is even an in-store camera that shows the WHOLE time while I was in line, and you see nothing of what they described. Linda actually says my shorts were down to my knees and that my shirt was lifted completed up and I was standing there and she could see my entire sexual organ, testicles and hair and all. Meanwhile, there was a woman behind me that NEVER saw anything, and she is not even called as a witness, and no one know where or how she even is? That is strange that they never called that lady aside right away - or even the lady that was in front of me? Why?

    She the jury has to obviously see all this inconsistency. The judge, several times, and my attorney, and the prosecutioner of Florida (the one that is pushing this whole case....Wal-Mart is not the one pushing it), explain the "without a doubt" concept, and that they are only to use the evidence presented, nothing more, and not the fact that I did not testify. I did not testify due to we wanted to be able to get the last word in to the jury....and that would make that happen. Plus, there was no need to....it was a clean and clear case - no need to have the Prosecution try to mix me up,etc...

    The Jury viewed the video three times. Once during the trial, and ten they asked to see it again while they were deliberating. Then they came back in about 30 minutes with a "guilty" charge.

    The only thing that I can think that happened is that since they were told to "look" for exposure, they/anyone can make out WHATEVER movement into that, if you mind wants to. Oh, and keep in mind, this is an overhead video capture - and it is pretty clear, but it is still looking straight down. There is one scene where I was turned around; leaning on that pedestal with my right arm with that drink being held and my left is in my pocket. It looks like I am lifting my shirt (if you are told that, you see, otherwise it does not look like that). Regardless, it is not the position that Wilma said I was in, it was suppose to be (from Wilma) while I was standing way back by the belt of the register - which is all also on that Video.

    What makes it even worse and hard to understand how....this charge include in a rude and vulgar manner and with intent. The Jury was told what that means and that it has to be that. So, not only did they not see that, it was not even happening in the 1st place!

    Also, as the prosecutioner placed the video on the 2 first times, she (yes, it was a she) stood right at the side of the TV and every time a section would come up that "she" thought was me doing something, she would raise her eyebrows and give little jerks....pointing at the TV to watch that part. My Attorney and I both saw this and they approached the bent and they told her to now step away from the TV.

    I will end it right there......there are so many parts of the story...too much to get out....

    So, ask away at details, and I can fill them in.

    Lastly, I know this is a jury trial, and there is nothing I can do about the outcome. The judge was on out side the whole time, there is nothing he could have done more, I think, the attorney's too.

    By the way, the judge was super lenient too, that is who I think he knew the Jury's found me guilt wrong as well. I got a withhold of Judication, and just 12 months parole (6 months early termination), court cost and fines of $451. I already paid $3000 in attorney fees.

    I am open for any and all comments and suggestions. I can give you whatever details you need, and even provide some video clips, pictures, etc....

    Stephen

  2. #2
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default

    I guess the best thing you can do is appeal the case...there is no other way to prove your innocence..

  3. #3
    Join Date
    Apr 2006
    Location
    Titusville, Florida
    Posts
    4

    Default

    You can only appeal the judges way he ruled, right? And I heard that cost thousands. He was on out side the whole time, it seamed, thus the Withheld Adjudication.

    Also, question on that one - what exactly is "Withheld Adjudication" as far as how it reads later done the line on records, etc.....

    Stephen

  4. #4
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default

    As far as I know, An appeal also does consist of what evidence should have or have not come into play proper instructions to jury were not given etc...might want to check woth a lawyer about the instructions to jury thing...

  5. #5
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Default

    Wow! I worked as a cashier and had more than my share of wierdos come through my line. No one has ever exposed themself to me although I did have a older man that use to crap himself and put his soiled underwear in a bag and tell me that he had a *whoops*. The LPs and manager knew him and after a few complaints from the cashiers the old man just started wearing Depends Adult Diapers.

  6. #6
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Jury doesn't listen to "Instructions" and I lose

    If you do get an appeal and win the next time, file a civil suit to get your money back plus extra.

  7. #7
    Join Date
    Sep 2007
    Posts
    25

    Default Re: Jury didn't listen to the court's instructions

    the judge was on the out side? what do you mean?

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