RICO Act Violation

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 'Ted' Theodore Lewis Whidden

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To: H. Guy Green, Public Defender (??)

From: Theodore L. (Ted) Whidden


10/27/2015-11/6/2015 (Awaiting Birge deposition)


The State of Florida vs Theodore L Whidden

Understand there are no deals, no more discussion of deals.  I want a trial, NOW.  I have a right to a speedy trial.  You and the State are wasting time.  I have no desire for a deal of any kind.  I want to go to trial as soon as possible.  Our next “pre-trial” charade is of your making, not mine.  I demand trial NOW.  Failure to provide speedy trial is a violation of law. 

You should read and study this closely.  There are a number of ethics and other violations by you and by representatives of the State.  It is within my right, and the concepts of Misprision of Felony for me to report those party to such unlawful pursuits.  I am not sure if the corruption exists because of incompetence or criminal intent, but each seems to be party to Jennifer Slay’s ruse of extortion, fraud, etc.  You clearly appear to be working for her, as does the State.

It appears as if you are avoiding my calls, not returning my calls, and failing to provide information such as the “deposition” of Larry Birge as requested some two weeks ago.  

These “depositions” seem dodgy.  You only “deposed” Jennifer Slay for 14 minutes more or less, and never asked her about “Grand Theft”.  You talked about “Landlord-Tenant” which has no bearing on the case or the charges.  You are out of your element it appears, or you are working for the wrong team.  Your deposition makes you look foolish.

If you are unable or unwilling for any reason to fulfill any/all of the following let me know immediately.

We need a list of all of the witnesses of the State.  We must subpoena all of their witnesses.  Please provide list, and add that list to the list supplied in this letter.

On our first meeting I advised you I had documents, evidence and recordings to submit for the case.  You told me to hold on to them.  It appears you are trying to do as little as possible to throw this case, but I need to know who I should submit the evidence to in order to be used at trial.  (WE WILL GO TO TRIAL)  I have phone recordings and text messages that are relevant to this case.  Slay has tampered with her presentation to the State in a material way.  I have advised you of this several times now…………. Electronic documents are being supplied with this letter to your office.  You must provide this to the State’s Attorney’s office and/or Court as per protocol for evidence to be used at trial.  You shall not alter or take away from this information.  You must instruct me on how this information is to be prepared and submitted.  Your failures in this area is clearly one of the many ethics violations.

The State’s Attorney file lodges 20+ criminal charges against their witness(es) and complainant which they have failed to act on.  Meanwhile this is a hearsay case based on testimony from a known criminal.  It is corrupt at its foundation and the State/Court is furthering a criminal ruse by moving forward on this case.  It should be simple to demonstrate criminal extortion attempts with the State’s incompetence facilitating (Aiding and Abetting) the crimes of their witness.  The complainant may not be able to pay, but the State/County can.  That is the beauty of finding a deep pocket behind a Criminal Scheme to defraud.  Florida statutes are clear on this.  I understand that you are not in position to properly address many of these issues, but it does not mean they will not be addressed.  The material mishandling of this case is preventing me from returning to work.  I have now been out of work since July 2015 based on this ruse.  The State/County will likely be held responsible due to their criminal incompetence in this case.  (Very likely your office will not escape some level of blame for this continuing in this manner.)

I understand that you have apparently deposed Larry Birge (Berges).  This is news to me.  I cannot see how you could have effectively deposed him (or Slay for that matter) without communication with me.  As we saw at our last meeting you reverted to “Landlord-Tenant” discussion that is immaterial to this case.  Now that I have listened to the Jennifer Slay deposition wherein you focus on “Landlord-Tenant”, you seem lost.   Did you notice her inventory and values have increased?  Did you notice she insists on being served an “eviction”, yet no one has provided an eviction notice?  There are a host of problems in her testimony.   The State’s file reflects that she is a pathological liar.  If that is who they choose to use for a witness, then let’s go to trial.  By law I am to be given a speedy trial.  To this point you and the State are wasting my time and others with all this pre-trial bullshit.  I will not take any deal.  I want the trial to go on.  Again, your manner in which you are addressing this case, and your recollection of facts and characters seems troubling.

For the record I will need a copy of all depositions, and would like to know before you depose someone so that you can be properly prepared.  Clearly you lacked preparation for the Jennifer Slay deposition, and refused to ask questions relevant to the case even though they were provided for you.  Clearly you lack understanding of the case otherwise you would be conveying it to the other side stronger and this would end sooner…….Yet, as you advised there is no incentive for you to end this early, is there?  You may be putting your interests in front of mine and that is clearly an ethics violation taking advantage of your position and appointment.  You and the State are wasting State/County resources on a case they cannot substantiate.  Call the crooked bastards on it.

You will need to advise the State’s Attorney office and Court that this trial will last up to two weeks (maybe longer as the witness list grows).  Yes, it will, and you and the necessary persons will need to reserve space in your schedule for that.  It is a requirement since we are unable to get proper depositions.  The State will likely find that since they have no evidence or witnesses that a two week trial would seem remote, however the judge and jury will quickly discover that corruption and incompetence has allowed this to spiral substantially out of control.  That will be for you and the State to advise the jury as to why you so poorly handled the tasks at hand.

We need the electronic data file of the photos from State’s Attorney file.  Please request it.  Electronic version, NOT PRINT files.  There is an inherent problem in their evidence.  Clearly you should see the need for that. If you cannot then you clearly lack understanding of the case.

For the case/trial which we will be having (AND WE WILL GO TO TRIAL), you must request the video and paper copies of the arraignment order from Judge Mercer’s court on the morning of July 30, 2015.  You should have already done this per previous instruction in your file.  We will need this because inventory control and evidence tampering by the State will serve to obscure their case rather severely.  The State has been advised as your file reflects.

List of Witnesses to call. Subpoena all witnesses for pretrial as required by law.  I should not have to advise you of the proper manner in which to subpoena people.  Include ALL of the State’s witnesses on my witness list.  We will want to have the option to question each one in greater depth than the State.  You must call all of them regardless of your apprehensions.  Incompetence in the legal arena is what has driven this thus far.  We must overcome that.:

Subpoena these people for trial:

1)   Larry Birge, Jackson County Sheriff Department, 4012 Lafayette Street, Marianna, Florida 32446 (850)482-9664

2)   Head Deputy Donnie Branch, Jackson County Sheriff Department, 4012 Lafayette Street, Marianna, Florida 32446 (850)482-9664

3)   Deputy Ethan Ellerbee, Jackson County Sheriff Department, 4012 Lafayette Street, Marianna, Florida 32446 (850)482-9664

4)   Deputy Eric Lawrence, Jackson County Sheriff Department, 4012 Lafayette Street, Marianna, Florida 32446 (850)482-9664

5)   Sargent Shane Tipton- Jackson County Sheriff Department, 4012 Lafayette Street, Marianna, Florida 32446 (850)482-9664

6)   Deputy Lee, Jackson County Sheriff Department, 4012 Lafayette Street, Marianna, Florida 32446 (850)482-9664

7)   Investigator Quinton Hollis, Jackson County Sheriff Department, 4012 Lafayette Street, Marianna, Florida 32446 (850)482-9664

8)   Justin Hurst, 7080 Gilley Road, Grand Ridge, Florida (Works at the State Hospital in Chattahoochee) (850)663-7729 (Florida State Hospital food service vendor, Aramark)

9)   James Michael Slay (Deadbeat husband of Jennifer Slay caught on recording threatening to deny others access to the property.)(The State’s Attorney has contact information for James Slay through her child support cases.)

10)                      Jeremy Tolbert (Deadbeat husband of Jennifer Slay caught on recording threatening to deny others access to the property.)(The State’s Attorney has contact information for Jeremy Tolbert through her child support cases.)

11)                      Charles Pumphrey, 5355 Spring Cemetary Rd in Marianna, Florida 32446, (850) 209-2311, (850) 526-2166; Depose Sr and Jr.

12)                      Jennifer Slay, (The State’s complainant), address unknown.  This is the State’s only witness/complainant.  Clearly her position (and theirs) is compromised.

13)                      The Two little girls (Shit bucket carriers) Riley Slay (7) and Taylor Tolbert (12), children of the Jennifer Slay.  I do not have a present address for Slay, but the State should have this for her, her kids, and her husbands.  Note Slay did not give you all of her names/aliases in the deposition. 

14)                      Randy Weeks, West Florida Electric, 850-593-6491, 8292 hwy 90, Sneads, Florida  (Randy Weeks is the person on the phone to find and advise of the locked gate following the lock placed on the gate by Slay and her accomplices per all the evidence.  This is criminal extortion.) (WFECA, 805 St Johns Road, Sneads, Florida 32460, (800)342-7400

15)                      Stacey Goodson, Jackson County Probation office, Office of Judge Wade Mercer, Ground Floor Courthouse, Marianna, Florida, 850-482-9670  (Stacey Goodson was used by the State to perpetrate their crime.  Goodson is on recording ordering Whidden to call in.  Goodson ordered Whidden to unlock the gate at Pollywog Lane.  Violation of the Court order as agreed followed with Goodson furthering the ruse of the State.)  Goodson’s paperwork emphasizes that goods were not to be removed from the property without notification of Whidden for attendance.  Note paragraph N of the document attached.

16)                      Judge Wade Mercer, Jackson County Court House, Office of Judge Wade Mercer, Ground Floor Courthouse, Marianna, Florida, 850-482-9670.  Judge Mercer presided over the violated conditional release.  Failure to comply with the Conditional release corrupted inventory of the alleged stolen goods and violated numerous other issues.  Violation allowed the State/County to facilitate theft of Whidden’s personal property.

17)                      We will need to depose everyone (EVERYONE!) in the Arraignment video of July 30, 2015, including the Judge, Public Defender and the State’s Attorney representative.  As that Court Order was violated constituting Evidence Tampering, Contempt of Court, and Violation of a Court order they will need to explain how this went sideways, and why they have forfeited the defendants ability to witness, inventory, photograph, establish possession, ownership, and valuation.  Yes, their violation ends this case as any moron can see. The State violated their own agreement within hours of making the agreement.  This is clearly an ethics violation.

18)                      We will need the name of the attending deputy at the property removal presumed to have occurred on July 31, 2015.  As he partied with the above persons in the theft of goods and committed numerous crimes he will necessarily have to be charged.  Please find out who attended and have subpoena served.  Please let me know when you find out who that was.  As he was indirectly appointed by the State and fulfilled their theft, trespass, and violation of the defendant per the State’s Attorney file as far back as August 2015, then they should subpoena him as a witness as well.

19)                      Slay’s statements indicate that she removed items on May 8, 9, and 10, 2015.  She indicates there was law enforcement on the 10th.  Who was that?  They need to be deposed.  Clearly removal of items obscures her alleged inventory and the testimony of her “witnesses”.

20)                      Wade Owen, Public Defender, Wade Owen was party to the violated Court Order for Conditional Release.

21)                      H.Guy Green, 4387 Clinton Street, Marianna, Florida 32446, 850-526-3707  (Yes, Mr. Green, you will be held as a witness in the trial to advise how it got this far out of alignment from reality.  I have reserved the right to terminate your “services”.  Your depositions should prove helpful in that regard as you appear lost in Landlord-Tenant discussion.  You have been advised numerous times this is a “Grand Theft” case.  You seem to keep missing that.  If we continue to discuss this case without moving towards resolution it appears flawed and in your favor, not mine.)(You have already stated that you derive income by dragging this out.  This is a severe ethics violation putting your interests ahead of those of the client and the State.)


The State has a number of witnesses they have failed to call.  It is their obligation at this time to call all those referred to within their file as well as all those named above.

Please provide a full list of witnesses for the State and copies of depositions immediately.  Please notify me of any/all depositions in advance with location and time.  Please provide full copies of all depositions taken moving forward.

Please advise State’s Attorney’s Office that I will need a full day for questioning for each witness on the stand, and will likely have hours/days (?) of questions for the “witnesses” of the State.  Since none of the witnesses have been or will be deposed properly by my legal counsel we will have to explore a host of items at trial.  I see little/no reason to depose people prior to trial since you seem to depose dozens per day without focus on the case or issue at hand.  Your deposition of Slay was less than 15 minutes.  With fifty people to depose in one day I am sure you have to move along, but this provides no service to those fifty people, or the fifty companies and places they should be serving, or the hundred or so interested in one side or the other of a case.   (This is an ethics violation by your and the State for allowing you to do it.  You have likely prejudiced all the 50 other cases you failed to prepare for.)  You had 142 multipart questions pre-written by me that would have ended this.  You missed several dozen opportunities.  I understand this is not really important to you, but the misuse of the deposition process is unlawful. It is unlawful for you to abuse these people, and it is unlawful for the State to party with you and allow it.  Surely you and the State’s Attorney office are aware of this.

The State can expect requirement of explanation for their failing to heed judge’s orders for the removal of goods from my property.  Slay and the State is in contempt of Court, and have partied to corrupt all aspects of this case.  This is outlined in your file which you appear to have failed to read.  This case would be over if/when you communicate the contents of the file.  The contempt of court for the State precludes their ability to prove or pursue a “Grand Theft” charge.  I shouldn’t need to tell you that, but then again………..You aren’t looking to end this properly.

You need to make sure the attached evidence is in the proper form for submission and use in the case at trial.  I am presenting it against your wishes, because it must be submitted before you destroy your position totally.  I have this data in electronic form.  If it needs to be in any other form for the trial, please advise soonest.

You need to get on board with the direction this is heading because you appear to be setting the State, County, and yourself up for some embarrassing moments ahead.



Theodore L Whidden




From Voice Mail recordings:

1)   Jennifer Slay’s husband claims to have clout with the sheriff department.  That might explain their continued incompetence.

2)   Slay’s husband acknowledges meth lab operation.

3)   Slay’s husband advises that HE is going to block access to property.  (Reasonable doubt once again enters in.)

4)   Randy Weeks of WFECA calls Whidden to advise gate is/was locked.  This is the first notice, following Slay’s husband’s threat that he is going to control/block access.

5)   Washington County Sheriff department commits fraud on the part of Jackson County Sheriff department calling to serve warrant.

6)   Jennifer calls to arrange pick up.

7)   Jennifer calls again specifying she is coming to pick up girl’s clothes.  (Presumably these are the clothes she claims is missing in her deposition.)



Note from Texts:

8)   Note:  Slay’s texts on May 8th and 11th stipulate she is going to try something dirty using law enforcement.  (Using her brother in law connections.)

9)   Angie Williams, Slay’s mother, advises the husband of Slay is a hooligan with meth and other connections made.

10)                      Note in the May 9th text Slay advises there is/are people living on the property other than her.  This is contrary to her deposition statements at minute 10:34 in her deposition.  She is clearly lieing in one or the other.   Her statements at the time of filing the complaint and all along the way are conflicted.  Her statements that someone was there initially was to shift the burden/ownership of the meth operation.  Her lies now are to remove the burden of not having proof or a person to lock the gate.  There is no witness to her locking the gate at the first instance.  Nor is there any other witness to anyone locking the gate.  (The case is over.)

11)                      Possibilities for the gate locking:

A) Jennifer Slay:  Note her photos are of the closets and such.  Why take photos of a closet?  She clearly had access to take inventory photos.  Her last photo appears to be of the lock she placed on the gate on her way out.  She was likely seeking a faster resolution.  She did not expect the owner to be in Alaska for 10 weeks as the State’s file demonstrates.  Phone messages appear Jennifer entered the property or had intentions to following issuance of the warrant for arrest.  She must have picked up her things.  Her May 8,9,10 texts advise she is moving things.  Her inventory all along the way is corrupted.  Her lies are prolific.  Her valuations are undermined by comparing her initial stated values to other references.  This is clearly an extortionist plot of fraud, conspiracy, Abuse of Process, Criminal Mischief, littered with false statements……As advised in the State file.  The State is unlawfully supporting a hearsay case with a low integrity claimant who is attempting Abuse of Process AS STATED IN HER MESSAGES TO THE OWNER!

B)  Jennifer Slay’s husband/ex-husband clearly indicates in the phone messages he is planning to block access and the message stating thus is just before WFECA notice that the gate is/was locked.

C)  The mystery people in Slay’s May 9th text.

D) The owners/agents/family of the inholding.

E)  The owners/agents/family of the other property owner(s).

F)   The Jackson County Sheriff department who had been dumping equine rescue at the property.  They had been advised that this would endanger others if left unsecured.

G) Service personnel.

H) The Jackson County Sheriff file and the State’s Attorney file reflects that following Birge/Branch failure to properly manage the May 18th, 2015 correspondence, they filed a May 21st, 2015 complaint.  The May 18th, 2015 correspondence is clearly sent via Internet through the public portal with follow-up in email indicating property owner was in Alaska.  This poses a number of problems due to improper handling, malicious prosecution, and starts a cascade of embarrassing problems for the county and state’s case.

I)     There are more to come.  These are sufficient to create reasonable doubt, and preclude the State’s case.

12)                      Notice Slay’s May 11th, 2015 text where she advises she has already started moving items.  This obscures use of Charles Pumphrey as a witness to her moving in and moving out.  Pumphrey is clearly a puppet being used by this woman.   Clearly he is one of her “clients” as she refers in what appears to be a prostitution situation.  He cannot be used to substantiate her inventory of belongings for the 5-6 months she claims to have been there.  His testimony is damning to her case, not helpful.  Not a smooth move on their part.  He can quickly and easily be discredited on the stand.  He will be discredited on the stand and will be used to incriminate Slay.

13)                      On May 9th, 2015 Slay indicates she is leaving (moving things).  She claims to have put money on the electric account, which is clearly a lie based on the WFECA records.  She is a pathological liar as this case indicates.

14)                      May 9th, 2015 texts acknowledge meth production on the property as does texts from her mom, Angie Williams, and phone messages from her husband.

15)                      May 9th, 2015 text indicates “Deputy Lee” was helping her.  Indicates he would be calling me.  He never did.  He must be deposed.  The sheriff department is either involved in her ruse, or being used by Slay in her ruse.  Either one should be quite offensive to everyone, including the State.  The State are acting like a bunch of idiots on Slay’s puppet string.  They are failing to initiate charges against the felon, while backing the felon’s pursuit.

16)                      May 8th, 2015 text advises her of Meth operation on the property.  She acknowledges.  Note:  She never inquired as to what evidence, where it was or anything.  At no time did she or any of her people actually inquire about details.  They seem to all have been in on the operation and had knowledge.  It would seem a normal person would be concerned for their kids, and/or the nature of the find.  That is, unless it was yours and you knew it.



From Jennifer Slay deposition:

17)                      Notice she speaks about looking through my buildings for pots and pans and things SHE COULD SELL.  Seems a tainted part of her story.

A) She alleges she has pots and pans missing, but also advises when she moved in she was plundering my buildings for pots and pans.  Both can’t be true.

B)  She did not have pots and pans except what she stole from the building.

C)  Her inventory or “Impact Report” is questionable to say the least.

18)                      Multiple statements Slay has made will indicate she was going through the out buildings on my property.  This is the purpose of the trespass order to stop her thieving.

A) Proper deposition would have asked her at the time of deposition why she kept insisting on being served an “Eviction”.

B)  Where is the “eviction” notice she keeps speaking of?

C)  Where is the “Trespass Notice” she was given?

D) Notice of Trespass does not expire in the state of Florida.

E)  Slay’s unlawful return to the property (multiple times) is a violation of that order.

F)   Law enforcement’s assistance and use of State’s Attorney office to return to the property in the manner she did is unlawful and violation of Trespass notice.

G) Sheriff’s department violated the trespass order when they returned to Pollywog Lane.

H) The State’s Attorney violated the order when they instructed the return.

19)                      The photos of Slay’s yard sale signs establish the values of her junk as referenced in her deposition.  Clearly the whole bedroom furniture of her kids is less than $60.  Meanwhile her valuation in her report/statement/complaint has the bed alone at $1000, and value of the bedroom approaching $2000.  Her values are overstated by over 30 fold as are her inventory of items no one has ever seen, and she acknowledges starting to move items on May 8, 9, 10.  Her inventories and valuations are corrupted.


The missed opportunities in the deposition are numerous.  The attorney acknowledges a better set of questions in his hands, but decides to close his “Landlord-Tenant” discussion in less than 14.5 minutes without discussing the Grand Theft.  Missing are discussions of inventory, ownership, possession, and valuation.  Notes and a timeline of the inept deposition included for completeness.



Supreme Court ruled unanimously written by Judge William Rehnquist concerning Hustler Magazine v Jerry Falwell

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole."

Supreme Court Judge Scalia wrote concerning Pope v Illinois

"Just as there is no use arguing about taste, there is no use litigating about it."

Copyright May 2016, All rights reserved by Ted Whidden