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 'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

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IN THE CIRCUIT COURT OF THE 14th

JUDICIAL CIRCUIT IN AND FOR

JACKSON COUNTY, FLORIDA

CASE NO: 15-276CF

State of Florida

                v.

Theodore L Whidden

                Defendant.

_______________________________/

 

SECOND REQUEST FOR  SEQ CHAPTER \h \r 1 EMERGENCY CHANGE OF VENUE

 

AN AFFIDAVIT OF TRUTH PER STATUTE

 

SAFETY OF DEFENDANT IS AT RISK

 

NUMEROUS STATE/FEDERAL CIVIL RIGHTS VIOLATIONS

 

NUMEROUS VIOLATIONS OF DUE PROCESS

 

This filing is made “Pro Se” by the undersigned in hopes that justice can be sought in a more appropriate jurisdiction.  The Court in which this case is currently being presented is well outside of its jurisdiction and authority.  The Judge has been disqualified from hearing the case and the Court officials have all been proven to be corrupt and incompetent beyond measure.   A Change of Venue is ordered or alternatively the case should be dropped.

1)      The first official request for Change of Venue was filed on 1/19/2016.  The Court responded some 8 days later (1/27/2016) by ordering an unconstitutional invasion of privacy in the form of ordered “Mental Evaluation”.   This is unlawful retaliation by the Judge, Court, and Court officials.  This is Malicious Prosecution.  The order itself contains numerous violations of Civil Rights, Due Process, 14th Amendment, etc.  Yet the mere fact it is retaliatory by the Judge for the Defendant requesting “Emergency Change of Venue Due to CORRUPTION” actually helps prove the corrupt nature outlined therein and elsewhere.  The Judge and Court is disqualified from any and all further action.   They are deemed outside their authority and jurisdiction as has been true all along.  Corruption and incompetence is rampant within this Case and Court.  The Judge seems to be administering a wide array of schemes likely deemed Racketeering Violations under the RICO Act/Statutes.

2)      Note that this is the second official filing for Change of Venue.  This first filing was ignored.

3)      This is the third written request for Change of Venue.  The first was ignored by the inept and corrupt Herbert Guy Green (Public Defender) who was appointed by the State, but removed for failing in his fiduciary responsibilities.

4)      Today is the 201st day from arraignment.   We have exceeded all Speedy Trial deadlines and timelines.

5)      Speedy Trial was demanded in September, October, November, and December 2015.  Each of these had a 60 day “Speedy Trial” countdown initiated which the Court has failed to appreciate.

6)      The “Speedy Trial” request of October 2015 initiated a “Pre-trial” date of 11/15/2015 and a trial of 11/30/2015 which did not happen.  The 60 day Speedy Trial countdown on that request expired in December.

7)      The “Continuation” initiated by the States Attorney office on 11/6/2015 has brought about State delays in the case from October to present.  That delay alone has added some 120 days to the calendar more than doubling the “Speedy Trial” allotted for 60 days by statute.

8)      Upon appearing before the Judge on 12/15/2015 for the purpose of removing the corrupt public defender all the defendant requested was trial.  The Judge advised at that time we would discuss it January 19, 2016.  Today is February 16, 2016.   The Court has lied yet again and failed to provide trial within the 60 day allotted period.

9)      This Court has violated Due Process requirements, Rules of Prosecution, Rules of Advocacy, etc.  The Court and its officials are corrupt seemingly at every turn.  It is futile to list all the corruption as it pervades all aspects of the case.  The Judge and Court has lost its way, jurisdiction and authority.

A)     At its core/foundation the case is in Bad Faith and lacks probable Cause to initiate.

B)      The case contains Fraud and corruption from the very first complaint to the filings by the Sheriff Department, to the administration of warrant, arrest, detainment, property, etc.

C)      Initial warrant, arrest, and detention complicated by Fraud and Deception.   Following arrest the Defendant was advised by law enforcement that there was no basis for arrest or case, but this was a “fishing expedition” by the States Attorney.  The States Attorney has been allowed to initiate and perpetuate an unlawful fishing expedition and has come up with nothing rather they have perpetuated their crime spree.   This is a Criminal Conspiracy and Racketeering per RICO ACT/STATUTE.

D)     The Court and Officials have clearly been advised of the RICO/RACKETEERING ACT violations and issues.  The Court, Officials, and Judge herself are deeply involved in a scheme of Racketeering.   The Court and Judge are disqualified from hearing any aspect of this case.  They have lost their way, their jurisdiction and authority.

E)      The Order for Mental Evaluation appears retaliatory and unwarranted.

F)      The Order for Mental Evaluation is unconstitutional and issued outside the scope, authority and jurisdiction of this Court.

G)     The Order for Mental Evaluation fails to address the “Conflict of Interest” with the appointed doctor Michael D’Errico.

H)     Throughout the Court house there are virtual “Wanted Posters” of the Defendant posted per the “Defamation” and “Reckless Endangerment” filings made by the Defendant.  No matter what justification anyone has for this unlawful violation of my privacy and safety a reasonable person can see where this is not only unconstitutional, but puts the undersigned and others in jeopardy.  This “risk” to either the Undersigned or those who perceived the need to post the warning presents undue risk and harm to someone.  The only reasonable way to reconcile this is to CHANGE VENUE or DROP THE FRIVOLOUS PURSUIT by the Corrupt States Attorney group.

I)        The virtual “Wanted Poster” of Defendant posted in the Court house precludes or affects Fair and Free Trial for the Defendant.  Any and all rulings allowed or initiated in any such Court is unlawful, retaliatory, and corrupt.  CHANGE OF VENUE at a minimum is required for all.

J)       Every member of the Court of the 14th Judicial Circuit present and aware of these proceedings are in violation of their Oath of Office, they are in Contempt with the Court and State and what they stand for.  

K)      All those present and aware of this case at each juncture are guilty of Misprision of Felony violations as they have failed in their fiduciary responsibilities to correct legal injustice.

L)       The Court has utilized “Sanctions Requests” and references to “Sanctions Requests” filed by the Defendant as referral documents, but has failed to significantly address Sanctions requests following acknowledgement of same.

M)   The corrupted Court Judge on January 19, 2016 attempted to “re-appoint” the corrupt and incompetent “Public Defender” Herbert Guy Green following his removal for cause.

N)     The corrupted Court Judge on January 19, 2016 allowed the corrupt and incompetent Herbert Guy Green address the Court and make presentation on 1/19/2016 following his unilateral removal on 12/15/2015 for cause.  (Yet cause has not been addressed).

O)     The States Attorney suggested “Mental Evaluation” in Court on 1/19/2016.  The Judge acknowledged same and LIED when she advised Defendant that she would sign an order and mail notice to the Defendant.  The Court record/recording will show Judge Shonna Young Gay advised the Undersigned she would have the Order for Mental Evaluation mailed to the Defendant.  This is material misrepresentation of fact and FRAUD on part of the Judge.  At least Defendant has received no such notice, and the Court has manifested no attempt to mail the Order.

P)      The Order as sighted online appears incomplete and outside the bounds of Criminal/Civil Procedure and unlawful based on the Statute which it quotes.  It fails compliance and completeness tests.

Q)     The Judge appears conflicted on a number of levels not least of which failing to acknowledge and accept the gravity of the charges held against the Public Defender for collusion and a host of failures in his fiduciary responsibilities.  The Judge’s attempt to force this corruption upon the Defendant without addressing these material issues is suspect.  The Judge is disqualified from having any impartial opinions in this matter.

R)      The States Attorney is operating in collusion with the Public Defender office as the Public Defender cannot “Collude” by himself.  The State Attorney office is corrupt on a number of issues precluding this Judicial Circuit from proper action on this case.

A)     The States Attorney knowingly with forethought initiated a “hearsay case” with nothing to substantiate their case.

B)      The State has failed to uncover anything material to support their frivolous pursuits.

C)      The case of the State is a Bad Faith pursuit and is thus unlawful and constitutes numerous Civil Rights violations.

D)     The States Attorney office is in violation of the Rules of Procedure, the American/Florida Bar rules, and Rules of Prosecution.

E)      The States Attorney is in violation of numerous aspects of Due Process.  They have been advised at numerous levels in their organization.  The 14th Judicial Circuit administration of the States Attorney office is corrupt at its highest levels.  They have been notified, yet they persist.  Should this case move forward this will clearly be borne out.

F)      The States’ appointed counsel on both sides have failed materially in their fiduciary responsibilities to the State, to the Court, to the citizens.  All attorneys involved at present and since inception are in violation of the Rules of Advocacy as we speak.

G)     This case initiated based on corruption.  Corruption pervades every evolution of this case.  The Undersigned has been patient awaiting some lawful, proper respondent, but corruption rules the day in this Court.   The Judge appears to allow and foster a host of corruption.  This case now has some 80+ filings outlining Criminal Conspiracy in the early days that have perpetuated.   As we passed the perceived 175 day “Speedy Trial” deadline for trial and numerous other filings the Undersigned filed for “Change of Venue” for safety, fair trial, and numerous other reasons (corruption).   The Court responds by an unconstitutional, unfounded, unwarranted, unsubstantiated “order” for “Mental Evaluation” which in itself is retaliatory and corrupt at a number of levels.

H)     The “Order” for “Mental Evaluation” was allegedly signed without substantiation on 1/27/2016.  This was day 181 following arraignment making it likely unlawful and unwarranted by way of Speedy Trial act alone.

I)        Approaching Court on 2/16/2016 there are literally hundreds of pages of documents being withheld by the Corrupted Scheme to Defraud (Concealment) by the State Attorneys and their affiliates and accomplices.   No matter what happens in, on, or around this date the delays to this point and moving forward are due to corruption of the State.  The delay of documents is unconstitutional, violations of Due Process, Violations of Rules of Advocacy, and Violations of Rules of procedure.  This case is over.  It was over before you started.  You have no basis for a case or ability for trial.   The State is creating and perpetuating unlawful delay, harassment, Prosecutorial Misconduct, Abuse of Process, and the Judge is party as it appears pattern and process for this Court.   This is an unlawful Racketeering Scheme.  This Case is over.

10)   Attached is the Original Request for Venue Change based on Corruption.

11)   Attached is a list of violations submitted to this Court 12/16/2015 (2 months ago) outlining numerous violations and corruptions by the State and State Attorney office.  (Their response?  Request for Mental Evaluation?  Retaliatory.)

12)   The Jackson County judges, officials, and accomplices lack “Clean Hands” in the administration of justice in this and other cases.  It is clearly a pattern of failures to acknowledge and observe the rights of citizens under the U.S. Constitution and other state statutes.  The Court lacks the respect required, and lacks clean hands to carry the case this far.  It is unlawful extortion to exact any fees or charges for any aspect of this case.

13)   Judge Shonna Young Gay and all the officials part and parcel to the Court within which she operates are disqualified, their position is prejudiced, and they are all seen as Aiding and Abetting and as accomplices furthering a host of criminal actions and inactions outlined herein and elsewhere.

According to Florida Statute:

47.011 Where actions may be begun.—Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.

History.—s. 7, Nov. 21, 1829; s. 1, ch. 3721, 1887; RS 998; GS 1383; RGS 2579; CGL 4219; s. 24, ch. 57-1; s. 12, ch. 63-572; s. 6, ch. 65-1; s. 3, ch. 67-254; s. 11, ch. 73-334.

Note.—Former s. 46.01.

Suggestion is made to move venue to Washington County, the venue of residence for the Defendant.

According to Florida Statute:

47.091 Change of venue; power to grant.—All courts have power and it is their duty to grant changes of venue as hereinafter provided. The order of transfer shall require the movant or, if the action was initially filed in the improper venue, the initially filing party to pay the filing fee required to file a new action in the court to which the action is moved. The payment of such filing fee shall be considered a transfer fee.

History.—s. 1, ch. 373, 1851; RS 1077; GS 1469; RGS 2668; CGL 4335; s. 3, ch. 67-254; s. 1, ch. 89-84.

Note.—Former s. 53.01.

Movant acknowledges said fees and agrees to pay fees in an effort to further expose the waste, fraud, and abuse in the present Court/Circuit, and to further the documentation and furtherance of Federal Charges to follow.  In lieu of charging the Defendant the State can consume this charge and move the case at their own expense if they wish to pursue their abuses another round.

 

According to Florida Statute:

47.101 Change of venue; application.—

(1) If a party desires a change of venue he or she may move therefor stating the belief that he or she will not receive a fair trial in the court where the action is pending:

(a) Because the adverse party has an undue influence over the minds of the inhabitants of the county.

(b) Because movant is so odious to the inhabitants of the county that he or she could not receive a fair trial.

(2) Such motion shall be verified and filed not less than 10 days after the action is at issue unless good cause is shown for failure to so file. It shall set forth the facts on which the motion is based and be supported by affidavits of at least two reputable citizens of the county not of kin to the defendant or his or her attorney.

History.—s. 37, Nov. 23, 1828; RS 1079; GS 1471; s. 10, ch. 7838; s. 2, ch. 7852, 1919; RGS 2670; CGL 4337; s. 3, ch. 67-254; s. 11, ch. 73-334; s. 267, ch. 95-147.

Note.—Former s. 53.03.

Movant acknowledges the above and moves that presence of wanted posters, retaliatory actions by this Court, its officials, etc negates requirements of this Statute as we are so far outside of Due Process on so many Counts.  The movant accepts the inappropriate responses, actions, and inactions of the Court and Court officials substantial enough for fulfillment.   The Court may not see this, but fuck this crooked Court.  The Judge has prejudiced her position.  Move the Case you bunch of idiots.

 

According to Florida Statute:

47.111 Change of venue; denial of motion.—The adverse party has the right to deny the allegations of the motion. The court shall hear the evidence on the motion.

History.—s. 1, ch. 5372, 1905; GS 1474; s. 3, ch. 7852, 1919; RGS 2673; CGL 4340; s. 3, ch. 67-254.

Note.—Former s. 53.04.

Movant acknowledges that the crooked court acknowledged as operating in retaliatory measure as does the State outside of Due Process has an opportunity to respond.  It is a foregone conclusion that this response is and will be corrupt as the basis for request is corruption of the Court and Court officials.  The Court and the Court officials right to response is muted on a number of levels, yet their corruption may never cease to amaze.   This is a RICO ACT/STATUTE issue.  As they push for “Mental Evaluation” we can all acknowledge they are either screwing with someone they know is impaired or believe to be impaired based on their own filing of 1/27/2016 and order for Mental Evaluation of that date.  We now have substantial conflict as this is a violation of Section 825 of the RICO Act for messing with impaired persons.

 

Florida Statute states:

47.151 Change of venue; to another county of circuit.—If a change of venue is granted on grounds other than the disqualification or prejudice of a judge of the circuit court, the action may be removed to any other county in the same circuit.

History.—s. 1, ch. 4394, 1895; GS 1476; RGS 2676; CGL 4343; s. 3, ch. 67-254.

Note.—Former s. 53.08.

Movant acknowledges possibility of case being moved within the 14th Judicial Circuit to his home county, Washington County.  Movant further acknowledges Judge Shonna Young Gay is disqualified, precluding normal transfer of this case.  Movant further acknowledges willful corruption of judges who conventionally operate in the Jackson County (Marianna) Court House and the dangers associated with the “wanted posters” and such.  Movant requests a judge and officials with “clean hands” as required by law.  The Court and Circuit within the Jackson County System lacks “clean hands”.

 

According to Florida Statute:

47.172 Change of venue; transfer of papers, etc.—On a change of venue the clerk of the court in which such action was pending shall transmit all papers filed in said action, a certified copy of all entries of record in the progress docket and a copy of the order of transfer to the court to which the action is transferred, which court has full power to hear and determine the action.

History.—s. 3, ch. 373, 1851; RS 1077; GS 1479; RGS 2679; CGL 4346; s. 3, ch. 67-254.

Note.—Former s. 53.10.

Movant orders the Clerk to move forward with the above transfer barring the possibility the Judge wishes as a final act barring this case for failure to fulfill Speedy Trial Act.   This will preclude this criminally operating Court, and the criminally operating State officials from furthering this pursuit.  This fulfills requirement that the criminals who filed this case do not and never had the ability to bring this case to trial successfully and timely.

 

According to Florida Statute:

47.191 Change of venue; payment of costs.—No change of venue shall be granted except on condition that the movant, unless otherwise provided by the order of transfer, shall pay all costs that have accrued in the action including the required transfer fee. No change is effective until the costs are paid.

History.—s. 3, ch. 373, 1851; RS 1077; GS 1478; RGS 2678; CGL 4345; s. 3, ch. 67-254; s. 2, ch. 89-84.

Note.—Former s. 53.12.

Movant agrees to pay if the crooked bastards who have initiated and furthered this action so desire.  Movant further reserves the right to pursue this to the furthest extent possible in Federal Court with the corruptions listed herein and elsewhere outlined.

The Defendant as a victim of a host of crimes by the State and County does not feel safe doing business within Jackson County or their Courts.  A wide array of deceptions, conspiracies and corruption has been uncovered.  If the Judge/Court was unaware of the runaway corruption within this Court and its officers, then it is now being made aware through this and numerous other filings.

The corruption within the County and Officials precludes the expectation of reasonable safety and fair trial in this venue.

I order the State to immediately suspend this frivolous pursuit, dropping all charges and “Conditions of Release” and move towards instigating controls, arrest, and disbarment of the States Attorney and Public Defender personnel while mitigating losses for all offended parties.  I would like to initiate Federal investigation with full charges against all named parties effective immediately.

As we move along it is clear the Court in which this has been launched is clearly out of its authority, element, and jurisdiction.  This likely became a Federal matter as soon as the State legal representatives began partying to affect the life and livelihood of a citizen.  This is clearly a violation of Civil Rights via the U.S. Code title 42 section 1983 at a minimum.  By using their office and opportunity to bring about unlawful hindrances of personal rights this escalated out of their own jurisdiction and authority at or immediately after the filing of the initial unsubstantiated, frivolous complaint.  Clearly the Court must now invite Federal oversight to this case and turn the records and officers over for Federal prosecution.

I reserve the right to amend any and all filings as well as bringing additional filings as deemed necessary.  In the meantime this harassment/abuse is costing me substantial hardship financially, physically, and otherwise.   I await your retaliatory response per normal procedure noted in these frivolous, Bad Faith proceedings.  We continue to document the corruption of your Case and Court.

Notification of the Agent signifies notification of the Principal.  Notification of the Principal signifies notification of the Agent.

 

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office via their accomplice to their crimes, Larry Birge at the Jackson County Sheriff’s Office.  Attention Ana Maria Garcia, Florida Bar #577162; Laura Wahlquist, Florida Bar #87776

I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office via their accomplice to their crimes, Larry Birge at the Jackson County Sheriff’s Office.  Attention Glenn Hess, States Attorney

Herman Laramore, Public Defender Bar #131906

Pam Bondi, Attorney General

FBI, Regional Office

Publicly made available.

                                                                                THEODORE WHIDDEN

                                                                                The Victim of the Crimes/Conspiracy

THEODORE WHIDDEN, The Victim of the Crimes/Conspiracy, DEFENDANT in lawful presentation of Jackson County Case No. 15-276CA; 

P.O.Box 158, Chipley, Florida 32428

Phone: 850-685-2353  Email: TedWhidden@gmail.com

 

By:___________________________________________

THEODORE L. (Ted) WHIDDEN

An Abused Member of the Public

                                                                                2/16/2016

 


 

 

 

IN THE CIRCUIT COURT OF THE 14th

JUDICIAL CIRCUIT IN AND FOR

JACKSON COUNTY, FLORIDA

CASE NO: 15-276CF

State of Florida

                v.

Theodore L Whidden

                Defendant.

_______________________________/

 

REQUEST FOR  SEQ CHAPTER \h \r 1 EMERGENCY CHANGE OF VENUE

 

SAFETY OF DEFENDANT IS AT RISK

 

NUMEROUS FEDERAL CIVIL RIGHTS VIOLATIONS

 

This filing is made “Pro Se” by the undersigned in hopes that the State Court as listed above and the Honorable Judge Shonna May can intervene in the train wreck of malicious prosecution attempted by the State/County in this case, and redirect to the appropriate authorities. 

The Defendant as a victim of a host of crimes by the State and County does not feel safe doing business within Jackson County or their Courts.  A wide array of deceptions, conspiracies and corruption has been uncovered.  If the Judge/Court was unaware of the runaway corruption within this Court and its officers, then it is now being made aware through this and numerous other filings.

The corruption within the County and Officials precludes the expectation of reasonable safety and fair trial in this venue.

The corruption of multiple state and county agencies working together on this ruse likely makes this Court subject to Federal oversights and protections for the Defendant.   The case likely belongs in Federal Court now.

The State lacks a case of substance and appears to be going to irregular lengths at Extortion to further their Criminal Conspiracy, their Scheme to Defraud and other such issues listed herein and elsewhere.  The State clearly lacks substance to try this case in Court, and are playing a dangerous game with the freedom of others.   A request for Emergency Change of Venue is made to protect all those involved, including the Defendant who has been subjected to numerous criminal offenses as outlined in the States Attorney file and elsewhere.  The FBI, FDLE, Attorney General and others should quickly see the abuses outlined.

On December 15, 2015 Attorney H. Guy Green appointed as Public Defender by the State to represent the undersigned withdrew from the case.  Green’s stated reason was a result of the displeasure of the undersigned as client for the legal services provided.   Quite specifically Green was caught in Collusion with the States Attorney to the detriment of the authority of the Court, to the Defendant, and was seen to be a liability to the State.  As investigations will show in October/November 2015 the undersigned requested that the criminally operating Guy Green make a “Request for Emergency Change of Venue” due to the widespread corruption in the Case, in the County, and the Court.  Once again Green failed in his fiduciary duties in failing to make this request.  Instead Green and his accomplices furthered the Criminal Conspiracy agenda of the States Attorney office and their accomplices. Two months it seems has passed since the original request and a host of schemes and deceptions have continued, with new aspects and schemes commencing.  Thus far it seems everyone for the State and for the County have committed substantial felony offenses.  The list of witnesses in the States’ file submitted by the undersigned as well as filings lists dozens for each person and person group.   It seems routine in the State’s slipshod, corrupt processes.  Some are outlined in other filings within this case.  Many are outlined in the States Attorney file demonstrating they have been given ample notice.  Still more will be listed herein to give the Judge/Court the opportunity to absolve themselves from entanglement in this reckless abuse of the legal system.

                The State (States Attorney office) partnering with the State (Public Defender Office) to cause undue harm to a citizen causes the State Court to lose jurisdiction and authority.  This is now a Federal matter and it is mandated that this Court/Judge notify proper Federal authorities, initiate investigation, and work towards prosecution of the State and County to protect the rights of all involved.

                The file of the State, the County, and this Court should reflect that the Conditional Release of defendant was violated within some 36 hours after agreement.  As such this constitutes CONTEMPT OF COURT by the State and the County law enforcement.

                When the State/County violated the Conditional Release (Part N) they arranged for an armed officer to attend the property of the undersigned and facilitated removal (CONTEMPT OF COURT) against the Court order/agreement.  As such the States case was irreparably damaged by way of tampering with evidence, inventory, ownership, possession, and valuation.  The State would not have had a case at any rate, but this deception ended their dream of pursuit.

                The State has engaged in numerous acts in violation of the U.S. Constitution Civil Rights title 42 Section 1983.  Numerous counts of theft and misuse of power to affect the Civil rights of a citizen have occurred.  As a result this is a Federal Case, and not State.

                The States Attorney has purposely engaged in Frivolous Litigation with a very low probability of ruling in their favor.  They have unlawfully accepted the statements known to be false statements in their original filings.  These known false statements come from a less than credible witness who routinely conflicts themselves.  The State’s case has lacked merit from inception.  The undersigned was patient initially, but the conduct of the State representatives and County gives clear indication they do not feel they are bound by law, and the undersigned fears the abuse and corruption will escalate and/or continue.  The Court is being notified of this runaway train staged by officers of their Court.  The Court should it fail to act is partying with the Criminals and seen to be in Collusion with the Criminal actions and inactions of the State.   The State is well outside their protections for standard protection in Malicious Prosecution.

 It is clear the Defendant cannot get a fair trial in this Court.  This is based on the corruption of officers in the Court to this point.

It is clear the Defendant cannot anticipate being treated fairly in this County.  This is based on the widespread and repeated corruption of the local Sheriff department.  It would be impossible for anyone to conceive handling of the defendant, drug screens, evidence, or anything can be handled by these officers without temptation to further tamper with elements of the case.

It is clear the States Attorney had used the Sheriff’s officers in retaliatory measures against the Defendant.  They clearly do not see the difference between their duty to serve and the unlawful demands of their predator and chief.  As such the Sheriff’s office and officers of the Court have privileged their oath of office and authority in this Court, and as it regards this Defendant.  Federal intervention is required and the removal of Sheriff’s office corruption from the Court.

                The States Attorney representatives have committed numerous felony offenses.  The vindictive nature of the corrupt and incompetent legal representation of the State has them partying with (Aiding and Abetting) and facilitating as many as six (6) felony counts of Grand Theft, Tampering with Evidence, Obstructing Justice and a host of violations.

                The States Attorney file demonstrates a host of violations (Some 20+ multipart felonies) which the States complainant has made in their filing and the follow through since filing.  The States’ file reflects that they have been well informed of the frivolous nature of their case as regards:

1)      Their complainant

2)      Their mishandling

3)      Their continued abuses

4)      Their ongoing Criminal Conspiracy

5)       

Based on the perpetuated Schemes, Criminal Deception, Material Misrepresentation, Collusion, and Corruption of the States Attorney office, Jackson County Sheriff’s office, and the allowance of same by this Court it is anticipated that the crooked States Attorney will unlawfully allege “Fraud” by the Undersigned in regards to the “Indigent Status Application”.  This was already put forward verbally by the States Attorney representative Laura Wahlquist on December 15, 2015.  This is clearly another of many schemes to defraud as part of their organized scheme.

                I order the State to immediately suspend this frivolous pursuit, dropping all charges and “Conditions of Release” and move towards instigating controls, arrest, and disbarment of the States Attorney and Public Defender personnel while mitigating losses for all offended parties.  I would like to initiate Federal investigation with full charges against all named parties effective immediately.

As we move along it is clear the Court in which this has been launched is likely out of its authority, element, and jurisdiction.  This likely became a Federal matter as soon as the State legal representatives began partying to affect the life and livelihood of a citizen.  This is clearly a violation of Civil Rights via the U.S. Code title 42 section 1983 at a minimum.  By using their office and opportunity to bring about unlawful hindrances of personal rights this escalated out of their own jurisdiction and authority at or immediately after the filing of the initial unsubstantiated, frivolous complaint.  Clearly the Court must now invite Federal oversight to this case and turn the records and officers over for Federal prosecution.

I reserve the right to amend any and all filings as well as bringing additional filings as deemed necessary.  In the meantime this harassment/abuse is costing me substantial hardship financially, physically, and otherwise.

Notification of the Agent signifies notification of the Principal.  Notification of the Principal signifies notification of the Agent.

 

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office via their accomplice to their crimes, Larry Birge at the Jackson County Sheriff’s Office.  Attention Ana Maria Garcia, Florida Bar #577162; Laura Wahlquist, Florida Bar #87776

I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office via their accomplice to their crimes, Larry Birge at the Jackson County Sheriff’s Office.  Attention Glenn Hess, States Attorney

Herman Laramore, Public Defender Bar #131906

Pam Bondi, Attorney General

FBI, Regional Office

Publicly made available.

                                                                                THEODORE WHIDDEN

                                                                                The Victim of the Crimes/Conspiracy

THEODORE WHIDDEN, The Victim of the Crimes/Conspiracy, DEFENDANT in lawful presentation of Jackson County Case No. 15-276CA; 

P.O.Box 158, Chipley, Florida 32428

Phone: 850-685-2353  Email: TedWhidden@gmail.com

 

By:___________________________________________

THEODORE L. (Ted) WHIDDEN

An Abused Member of the Public

                                                                                1/1/2016

 

 


 

 

IN THE CIRCUIT COURT OF THE 14th

JUDICIAL CIRCUIT IN AND FOR

JACKSON COUNTY, FLORIDA

CASE NO: 15-276CF

State of Florida

                v.

Theodore L Whidden

                Defendant.

_______________________________/

 

 

 SEQ CHAPTER \h \r 1 MOTION FOR SANCTIONS AGAINST OPPOSING COUNSEL(4)

 

Addendum to

PROSECUTORIAL MISCONDUCT of 12/14/2015

 

 

SCHEME TO DEFRAUD (ORGANIZED SCHEME)  (FLA CODE 817.034 and others)

 

The Defendant files “Pro Se” as Public Pretender was removed from case for apparently admitting his failure of his fiduciary duties, and as the Undersigned has not chosen to appoint counsel of any form as yet.

1)      State’s Attorney knowingly and with forethought is operating as central figure in a Criminal Conspiracy of their own making as outlined in their own file and in part in various Ethics Filings made against Ana Maria Garcia (Florida Bar 577162) and the Ethics Filing Against Laura Wahlquist (Florida Bar 87776).

2)      Prior to this Addendum a filing was made on 12/14/2015 regarding Prosecutorial Misconduct.  This shall serve as an addendum AND PROOF that the Honorable Shonna Gay and the State’s Attorney team were advised as far back as August 7, 2015 of the ongoing Prosecutorial Misconduct, Abuse of Process, Malicious Prosecution, etc.  This actually serves an early, effective notice, AND demonstrates all subsequent abuses were with knowledge and forethought.  Clearly this is all needed for a conviction of the claimed charges by the undersigned.  As we roll in to 2016 the abuses and costs simply grow.  The State’s case is Frivolous in nature as they have no means of proving any aspect of their case.  This makes the case itself harassment.  Clearly by way of sanction requests the undersigned has established a going rate for the waste of my personal and professional time.

3)      The attached documents help establish that the core case is FRIVOLOUS LITIGATION as the State has no opportunity to establish any form of loss, inventory, value, etc.   The State Attorney is failing in their fiduciary responsibility to the State to cut their losses in a case they cannot win.  Pursuit past the August 7, 2015 and other letters is clearly abuse and harassment by the State.   Attached first document is the “Conditional Release” as issued by the Court in agreement with the State noting Item “N” was violated as stipulated in the August 7, 2015 letter (second document).   Item “N” was violated (Contempt of Court) by agents of the States Attorney office within about 36 hours of them agreeing it.  This is clearly an ethics issue at minimum, and it serves to obscure any case they ever hoped to have.   They have known this since that time as “Time/Date stamp of their office shows it arrived August 10, 2015, “ yet continue to pursue their frivolous case.   These two documents (Conditional Release and August 7, 2015 Notice of Trespass) nearly guarantee a mistrial at best by the incompetent or corrupt State Attorney pursuits.  It was written and hopeful on August 7, 2015 that Judge Shonna Gay could see the impact of this even though the State cannot some 5 months later.  By making this post to file maybe someone will wake up.  The document used as attachment is clearly stamped with “received August 10, 2015”.  Any and all pursuits thereafter are frivolous and the Court should recognize it as such.

4)      For the sake of good order Item N of the Conditional Release issued July 30, 2015 states, “I agree to allow Jennifer Sley (SLAY) to come to my property under the supervision of Law Enforcement and retrieve any and all property of Jennifer Sley (SLAY), while I am present as well.”   Within 36 hours more or less of agreeing conditional release to include property owner notification of removal of goods the STATE arranged for COUNTY personnel to attend ignoring this stipulation.  Their attendance at my property is a violation of the Court Order, Contempt of Court, AND a Violation of the undersigned’s civil rights under the U.S. Constitution and likely constitutes Theft and a Host of Criminal Trespass and other issues by the State.

5)      Violation of the Conditional Release prejudices the State’s case.  You have all been advised multiple times now.  Only a criminal or incompetent could miss this at this point.

6)      A Criminal Conspiracy and Pattern of Conspiracy, Fraud, Theft, and Schemes to Defraud (Organized Fraud per Florida Law) are abundantly clear throughout the material mishandling and Criminal Mischief of the State’s Attorney office.  This is tantamount to PROSECUTORIAL MISCONDUCT outside the scope and jurisdiction of their office/appointment.  Stipulated in August 7, 2015 and other filings.

7)      The Undersigned reserves the right to pursue herein mentioned offenses as it suits the undersigned/victim.  Possibilities for pursuit include but are not limited to:

A)     Organized Fraud (Scheme to Defraud) Multiplicands of Amounts per Communications Act

B)      Racketeering

C)      Prosecutorial Misconduct

D)     Prosecutorial Misconduct by way of Frivolous Litigation

E)      Obstruction of Justice

F)      False Reporting/Hearsay

G)     Unlawful Arrest

H)     Unlawful Detainment

I)        Harassment

J)       Harassment (Detention)

K)      Harassment (Probation)

L)       Unlawful restriction of freedoms

M)   Unlawful requirement for reporting

N)     Unlawful Arrest, Search and Seizure

O)     Unlawful withholding of personal property

P)      Criminal Mischief (Multiple Counts)

Q)     Violation of Court Order

R)      Criminal Contempt of Court

S)      Tampering with Evidence

T)      Felony trespassing

U)     Burglary (Accomplice)

V)     Felony Grand Theft (Multiple Counts) (Accomplice)

W)   Breaking and Entering (Accomplice)

X)      Violation of Court Order (Multiple Counts)

Y)      Unlawful Entry, Search, and Seizure

Z)      Trespassing (Accomplice)

AA) Felony Trespass (Accomplice)

BB)  Conspiracy to Defraud (Accomplice)

CC)  Violation of a written order for trespassing (Accomplice)

DD) Failure to properly investigate

EE)   Failure to properly control inventory in an alleged theft

FF)   Failure to properly manage crime scene

GG)            Failure to properly execute a Court Order

HH) Tampering with Evidence (Accomplice)

II)      Abuse of Process

JJ)     Misprision of Felony (Accessory After the Fact)

KK)  Compounding a Crime

LL)    Collusion

MM)         Collusion with a criminal (Aiding and Abetting)

NN)            Fraud (Accomplice)

OO)            Aiding and Abetting multiple frauds

PP)  Aiding and Abetting a Conspiracy to Defraud

QQ)            Aiding and Abetting 24+ counts charged against Jennifer Slay

RR)  Obstruction of Justice in accountability on the Jennifer Slay illicit drug scene investigation.

SS)   Obstruction of Justice in investigation of Jennifer Slay’s attempts to manufacture and distribute illicit drugs.

TT)   Obstruction of Justice on Child Abuse/Child Endangerment case as it regards Jennifer Slay and children.

UU)            Obstruction of Justice on behalf of Jennifer Slay vs Theodore Whidden, and Theodore Whidden vs Jennifer Slay

VV) Obstruction of Justice, Failure to Initiate and follow through with Felony Fraud charges, case, and conviction on Jennifer Slay.

WW)         Collusion with Jennifer Slay.

XX)  Collusion with H. Guy Green

YY)   Intentional Infliction of Emotional Distress

ZZ)   Negligent Infliction of Emotional Distress

 

8)      State’s Attorney operatives are well outside their jurisdiction and lawful pursuit thus negating any perceived “protections” for their criminal activity, Abuse of Process,  Malicious Prosecution.  Clearly this is Prosecutorial Misconduct within the scope of this case and their general operations.

9)      Ana Maria Garcia is the supervisor of the reckless behavior of her subordinate Laura Wahlquist subject of additional filings, offenses and abuses.  As a supervisor and as someone duly advised previously Garcia has allowed the abuses herein and elsewhere to persist.  She is a primary criminal in the ruse, and an accomplice to Laura Wahlquist.

10)  Wahlquist has a host of problems in her methods, pursuits, files, and ability to pursue such frivolous cases as that we are dealing with listed above.

11)  State’s Attorney is furthering the Criminal Agenda of others including but not limited to a less than credible complainant who State knows filed false statements, is attempting extortion, fraud, and a host of abuses outlined in the State’s file.

12)  The State has used/abused County personnel and resources to further their criminal agenda.  This is outlined in part in the attached and elsewhere.

13)  The State has used the local Sheriff’s office unlawfully in connection with this case to block the undersigned’s access to personal property thus committing and further Civil Right violations under the U.S. Constitution.  These violations are outlined in part in additional filings with the State, and in the file of the Sheriff’s Office of Jackson County under the care of Larry Birge.

14)  The State has an obligation under law to protect those who are victims of a crime.  The State has been notified numerous times in numerous ways of crimes committed by the complainant and the State themselves as their agent, yet the State has failed to take early and/or substantial action against the criminal Jennifer Slay.

15)  As stated previously in Ethics (ACAP) filing against Garcia (and Wahlquist for that matter) with the Florida Bar, Garcia has facilitated violation of Florida Theft laws 812.014 (1) and (2)(c) (F3-L2) and (2)(c)(5) firearms in conjunction with this case.  Subject of additional filing(s).

16)  Four total Ethics filings have been filed thus far with the Florida Bar (ACAP) system for Garcia, Wahlquist in various combinations.  This filing will likely form “Addenda” to those filings numbered 5 and 6.  These filings with the “Bar” are for “Ethics” issues.  This poses no risk of Double Jeopardy, nor does Prosecutorial Misconduct in this instance.  This leaves the charges of Felony Grand Theft, Abuses, and other charges available as recourse for the victim.  Meanwhile, Prosecutorial Misconduct will serve to deliver a mis-trial at best if these crooked attorneys continue.  These filings actually establish a NEW CHARGE of a SCHEME FOR ORGANIZED FRAUD.  Subject to State of Florida Laws a SCHEME FOR ORGANIZED FRAUD is chargeable to the guilty once for each attempt to further their scheme.  This will be utilized to mushroom (SKYROCKET) the valuation of the case in multiples once a suitable, safe venue is found.  In part we will be utilizing Florida Code 817.034 “Organized Fraud Scheme” statutes.

17)  Further to the firearms theft and collusion with the unlawful activities of the Sheriff department as regards evidence tampering and obstruction of justice, Garcia and Wahlquist have violated the Civil Rights of the Undersigned pursuant to 42 U.S. Code 1983 of the U.S. Constitution.

18)  It appears 42 U.S. Code 1983 of the U.S. Constitution was potentially violated when agents of the State’s Attorney violated Item “N” in the Conditional Release and removed items unlawfully from undersigned’s property.  This poses a host of problems for the case such as Evidence Tampering and Obstruction of Justice.  This was all explained to the State in August 2015.  Apparently they cannot read.

19)  Indications of Collusion:  H. Guy Green is clearly either incompetent or corrupt.  His failures have bolstered the confidence of the criminally operating States Attorney group (Subject of additional Sanctions requests) and would appear that H. Guy Green is in cooperation as an accomplice in the States Attorney criminal conspiracy as outlined herein and elsewhere.

20)  Evidence of Collusion:  H. Guy Green’s file and the file of the State’s Attorney should reflect the undersigned requested an Emergency Change of Venue due to extensive corruption in Jackson County and their Court system.  As we move along we’ll see how this plays out.  Clearly the Court records will reflect request was made by the undersigned, and clearly it will reflect that H. Guy Green failed to request same.  Clearly we can all see it was a reasonable request.  It appears Collusion to keep it in a criminal arena where they can manipulate facts and minds.

21)  Following proper execution of Sanctions against the criminally operating State’s Attorney office and H. Guy Green the undersigned has requested Dismissal of this Case based on the grounds stated therein.  It is respectfully requested that Sanctions are charged first, lest charges will have to be considered in other (Federal?) venue bringing this Court in to poor view of the public eye.

Substantial offenses and detail follow in the attached eleven (11) page presentation to all listed including this Court dated August 7, 2015.  The establishment of the cost of waste, fraud, and abuse as we move along is important for all involved, yet the cost/loss is/was occurring irrespective of the attention to this detail prior to now.  The parties involved actually derive their income in part by agitating the lawful pursuits of others.  This is clearly ABUSE OF PROCESS, MALISCOUS PROSECUTION, PROSECUTORIAL MISCONDUCT, etc and they should be penalized at my rate of doing business. 

            Whereas it is anticipated that Garcia/Wahlquist will plead ignorant, incompetent,  under-informed, or corrupt, it is clear from a simple read of their file that they have been adequately informed all along (Noting AUGUST 7, 2015 letter and others!).  Further charges should be brought against the local Sheriff department for their ongoing ruse and conspiracy to defy truth and logic.  They are clearly operating as an accomplice and thus Aiding and Abetting the criminal nature of each other’s pursuits, while furthering their own criminal agenda.

            I request SANCTIONS in the amount of $2,310,000 of Ms Garcia and Wahlquist and their office based on the following calculation:

Please impose Sanctions on the office of Ana Maria Garcia/Laura Wahlquist and bar them from any further practice within this Court.  I reserve the right to pursue them personally, privately, and corporately.  As a result of their corruption, incompetence, and collusion the client/Defendant has lost a substantial amount of work due to abnormal delay of this frivolous case.  Five months of lost work for the client amounts to potentially $105,000 in lost income.  Expenses are high and presently the records shows that Whidden has more than $300,000 worth of real estate in Jackson County for sale as a result of the duress of this situation.  The Defendant has begun selling off tractors, farm assets, etc to cover overheads and expenditures.  The financial impact of the waste, fraud, and abuse within this Court system is substantial.

The State’s Attorney has operated in conjunction with H. Guy Green (thus Collusion) and will be similarly charged in a separate document.

The nature of the client/Defendant’s work is that he gets paid at the end of project.   If Defendant can get work back on track by January 2016, then it will likely be June 2016 before he gets paid.  As a result Defendant requests an additional six months wages ($126,000) in sanctions.

Sub-Total requested Sanctions $231,000

And of course for now we are multiplying the $231,000 times TEN for the twice monthly attempts for 5 months to delay and abuse the undersigned with frivolous Court proceedings (Pre-trial).  This brings us to Sanctions request against the State/County/Attorneys for $2,310,000

This figure will grow substantially as we move along using the Communications Act for Commercial Schemes to Defraud multiplier.  Ten is used herein to keep the calculation simple and to keep the pursuit interesting.  The effect of multiplier will likely double by the next filing.

            As we move along I reserve the right to initiate investigations as necessary including federal investigations for the substantial, long-standing, and seemingly routine abuse of this Court and its affiliates.  This should trouble no one if everything is proper, but it should trouble everyone based on behaviors witnessed thus far.  It is both my right and responsibility under Misprision of Felony statutes to expose the frivolous and criminal nature of these proceedings.

 

All responses heretofore to be directed to: THEODORE WHIDDEN, The Victim of the Crimes/Conspiracy, PLAINTIFF in lawful presentation of Jackson County Case No. 15-276CF;  P.O.Box 158, Chipley, Florida 32428, Phone: 850-685-2353  Email: TedWhidden@gmail.com

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office via their accomplice to their crimes, Larry Birge at the Jackson County Sheriff’s Office.  Attention Ana Maria Garcia, Florida Bar #577162; Laura Wahlquist, Florida Bar #87776

C/O Sheriff’s Office, Larry Birge, 4012 Lafayette Street, Marianna, Florida 32446

                                                                                THEODORE WHIDDEN

                                                                                The Victim of the Crimes/Conspiracy

THEODORE WHIDDEN, The Victim of the Crimes/Conspiracy, PLAINTIFF in lawful presentation of Jackson County Case No. 15-276CF; 

P.O.Box 158, Chipley, Florida 32428

Phone: 850-685-2353  Email: TedWhidden@gmail.com

 

By:___________________________________________

THEODORE L. (Ted) WHIDDEN

An Abused Member of the Public

12/16/2015

 

 

 

Attachments:  Conditional Release noting Item “N” violated

                                August 7, 2015 letter to C

 

 

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Copyright May 2016, All rights reserved by Ted Whidden