By Carlos Miller
The sight of a video camera in the courtroom sent shivers down the spine of the prosecution Monday morning.
As soon as I stepped in front of the judge, the young state prosecutor in my case asked for a 15 minute delay because a Local 10 cameraman had his camera trained on him.
The prosecutor told the judge that he needed to get clearance from his supervisor before he could proceed on camera. Judge Jose Fernandez granted his request.
Then, after more than 15 minutes had passed, in which Local 10 reporter Glenna Milberg had settled into the courtroom, the judge called my case up again, only for the State to ask for a continuance.
The young prosecutor, this time accompanied by his more experienced supervisor, admitted they were not prepared for the case - even though it has been more than 15 months since my arrest.
After all, they said, two of the arresting officers were unable to attend the trial.
Miami Police Officer Marvalyn Reid, second from right in the banner photo, was unable to attend the trial because she is on military leave.
And Miami Police Officer Anthonius Kurver, far right, was unable to attend the trial because he was sick.
How convenient of him.
It’s difficult to believe anything that comes out of Kurver’s mouth because he has done nothing but lie since my arrest.
He lies so much that he not only contradicts the other officers, he contradicts himself because he told one version of the story on the arrest report and told a completely different version during the deposition.
The State said they had no idea that Reid was on military leave until that very morning, which is why they didn’t mention anything during the sounding on April 23rd.
However, the Internal Affairs report, which was finalized in February, stated that Reid has been on military leave since January.
Judge Fernandez granted the State’s request for an extension, as the only officer in the courtroom was Officer Baluja, second from left.
It should be noted that constant delays and continuances are usually the tactics of savvy defendants.
Meanwhile, my attorney, Arnold Trevilla, filed a demand for a speedy trial, which means the trial has to be scheduled within 50 days.
If the trial is not scheduled by June 24th, then Trevilla will file a notice that requires the trial to be set within 15 days, by July 9th, or else the charges will be dropped.
Officer Reid, who is probably fighting Bush’s war in Iraq, is not scheduled to return from military leave until some time in July, according to the Internal Affairs report.
I hope she returns safely, not only because the war has claimed enough American lives, but because out of the three officers who were deposed by my former lawyer, she was the only one who told the truth.
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Fernandez, as I mentioned in a
12 responses so far ↓
1 genewitch // May 5, 2008 at 8:52 pm
i figured this was gunna happen… It’s strange that the prosecution can delay this trial. What’s at stake?
I guarantee they will drag this out till charges are dropped. Why would they want to actually LOSE this case when there are cameras in the courthouse?
2 Carlos Miller // May 5, 2008 at 9:36 pm
genewitch,
Considering that it was a camera that got me mixed up in this in the first place, it’s not surprising that it was a camera that prompted them to delay the case.
3 Henry Gomez // May 5, 2008 at 9:49 pm
I can’t say that I’m surprised either. No way are they going to take this trial. They are going to string you along as far as they can and then the charges will be dismissed and all that’ll be left is your attorney’s invoice.
4 Carlos Miller // May 5, 2008 at 10:20 pm
Henry,
Luckily, my lawyer offered me a flat rate for taking this case.
But you’re right. After all these delays, I can’t imagine them actually going to trial because they have no case.
You read the depositions and it’s like reading about three separate incidents.
5 Bill // May 6, 2008 at 1:38 pm
I cant wait until you publish the depositions.
6 Ms Calabaza // May 6, 2008 at 7:37 pm
I know this must be frustrating for you but I agree with genewitch about the conclusion. This is good news, methinks. GOOD LUCK.
7 Carlos Miller // May 6, 2008 at 8:27 pm
Ms C,
It is extremely frustrating, but if I rode it out for 15 months, I can surely hold out for another two months.
But having come this far, it will be anti-climatic to have them drop the case without a trial.
8 voxy // May 7, 2008 at 5:50 pm
They’ve taken out TONS of good officers in Iraq. At least ones from Tampa as I noted in my blog.
I don’t know your whole story but I DO know that cameras make them think harder. A challenge. (for them)
One went so far as to ask to look at my cameras. I helped him but then after he did so I proceeded to videotape him some which enraged him.
Be careful; they’re ON STEROIDS. You really can tell.
Their judgement is very bad.
When your trial is over write a book.
I hope folks try to remember the America we had before THIS went down.
Although, I”ve always been an avid photographer and never given anyone reason to be nervous these people have sure lost their senses of humor lately.
HMMM> why can that BE?
Like they like to tell us: IF they’re not doing anything WRONG why should THEY CARE?
hmmmmmmmmmmmmmmm
9 Martin // May 8, 2008 at 9:33 am
Keep up the fight, Carlos. We’re rooting for you!
10 Carlos Miller // May 9, 2008 at 9:24 am
voxy,
That’s a great point. When the government is violating our Fourth Amendment rights by spying on our phone calls, they - and thousands of idiot Americans say - “if you’re not doing anything wrong, then you shouldn’t worry about it.”
Martin,
Thanks for the support. I can’t wait until this is over.
11 Keith Skinner // May 14, 2008 at 1:45 am
Carlos
I am rooting for you brother. My situation is similar but a bit more twisted. The Louisiana AG, State Police, FBI & DOJ have refused to acknowledge the crime committed against me even though it is in Black & White in the radio traffic transcripts, transcripts of the interrogation and the (cough) Offense Report surrounding my case.
The liberties we as citizens of the US have lost over the past 8 years has set a dangerous negative slope, in no time in the history of this country has the government ever attempted such acts against its people.
My hope still remains, the Federal Judge will do the right thing during my Bench Trial in Sept. and not only hold my abusers accountable monetarily but also order the criminal charges be brought against them for acts under the color of law.
I have sent you the material on my case in an email this evening, contact me should you need any additional information.
12 Matt // Jul 17, 2008 at 11:11 pm
Kurver needs a rope around his fat neck.
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