RICO Act Violation

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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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To:  Larry Berges and Donny Branch of Jackson County Sheriff Department

From: Theodore L Whidden

Date: 8/10/2015

Reference meeting at Jackson County Sheriff’s Office of 8/7/2015 with Donnie Branch, Larry Berges, Theodore Whidden


Gentlemen (Larry Berges/Donnie Branch),

My duty under the laws of Misprision of Felony apparently require that I report Felony activity.  I am fulfilling that duty presumably herein.

Larry Berges and Donnie Branch, the presence of the attached email message(s), outlined in part herein, serves to further incriminate the Sheriff Department and arms of Law enforcement for the unlawful actions as previously presented to you.   These documents demonstrate that at its inception your pursuits were callous, calculated and unlawful.   The material mishandling or concealment of these documents looks very bad for those involved.  Further to this “Head Deputy” Donnie Branch’s callous and cavalier approach during my follow-up of “Sue the Sheriff, Go ahead,” seems as though this guy is a liability to the County and Sheriff’s office.  For someone to be so irrespective of facts of the case and situation is disappointing.  As it turns out his bad attitude and failures in the earlier handling of correspondence may have initiated this CRIMINAL CONSPIRACY taking place in the Sheriff’s Department and Law Enforcement……….By the way, just how many “Lieutenants” do you have in your building?  It seems it would have been fairly easy for him to get this to the right party if he had the proper motivation to do his job.

Charges stemming from material mishandling for you gentlemen and by connection, your department/office:

1)      False Statements in a policy report

2)      Fraud (Material Misrepresentation of Fact)

3)      Fraud-Concealment

4)      Willful and Wanton Negligence

5)      Wrongful Prosecution/Malicious Prosecution

6)      Abuse of Process

7)      Criminal Mischief

8)      Wrongful Arrest/Warrant

9)      Reckless endangerment

10)   Illegal Access, Search, Seizure

11)   Criminal Extortion

12)   Harassment

13)   Criminal Felony

14)   Criminal Conspiracy

15)   Misprision of Felony for failing to report these unlawful acts/situations

16)   Obstruction of Justice

17)   Tampering with Evidence

18)   Collusion

19)   Waste, Fraud, and Abuse

20)   Prosecutorial Misconduct

Referencing the four (4) pages attached: Two (2) pages are email correspondence between the Sheriff’s Department and the victim/abused on 5/18/2015 in response to presumably a 5/17/2015 voice mail left by Larry Berges (Lieutenant).  The other two of four pages are the same two messages “enlarged” to it is easier to read.

As you know we met for an impromptu meeting in your office(s) midday today, 8/7/2015.  At which time Donnie Branch acknowledged possibility of email notice/response to which he was remiss in handling.  Also in this meeting Larry Berges recommended that I, Theodore L. Whidden, hire a lawyer/seek counsel.  This is to advise that if/when the County/State wish to appoint appropriate counsel I will consider same.  Until then I must as required respond to Larry Berges who initiated contact and apparently initiated all charges and the follow through.   Larry Berges started this runaway train of events.  I believe he can end it.  He has his foot on the gas petal or brake.  His choice.   If someone else wishes to be the recipient of my statement(s) then they should come forward personally to invite redirect.

You can’t initiate unlawful warrant, arrest, hold, and probate someone based on hearsay.  You have failed in your obligation to acknowledge and manage the response you needed as the attachment will demonstrate.  Mr. Berges, somewhere round about May 17/18, 2015 it appears you initiated some form of phone contact or message to Mr. Whidden.  Apparently your file/records will or should state this occurred.  Apparently you anticipated a phone call response, because on occasions thereafter you left a couple of other messages (Day, date, and time unknown).  Unfortunately, it appears I (Theodore Whidden) received your message some hours after you left it.  Oddly as no day, date, time is available I have no idea at this time how many times, or when you called.  Clearly I am not responsible despite your wildest dreams and imagination for contacts you failed to make…………So, I received a phone message presumably May 17/18, 2015. 

The phone message I received on May 17/18, 2015 was promptly returned on May 18, 2015 (0637 hours) as the Florida Public record and the attachment will demonstrate.  Unfortunately this creates another turn in the criminal direction for prosecution who have numerous charges pending already for Abuse of Process, and Prosecutorial Misconduct…

There is a presumption that sometime after May 18, 2015 Larry Berges and/or his agent on behalf of the Sheriff’s Department (State’s Attorney) filed charges of some form with the State’s Attorney office against Mr. Whidden.  In that filing presumably Mr. Berges stated that he had initiated contact and had been avoided or had received no response.  THIS IS A LIE, constituting potentially Fraud (Misrepresentation of Fact) and Fraud of Concealment.  (As is Donnie Branch’s statement he would get the message to the proper party.)   Whether purposeful or by mistake Larry Berges response and filing with the State’s Attorney office has elements of Misrepresentation of Material Fact, Concealment, and in fact FRAUD in the initial filing by the Sheriff Department.  This is serious because on 8/7/2015 Mr. Whidden outlined a host of criminal activity by law enforcement tantamount to a Criminal Conspiracy, Abuse of Process, and Prosecutorial Misconduct.   (That was the what initiated the impromptu meeting on 8/7/2015.)

The attached “email” was a response filed at the Sheriff County Website on May 18, 2015.  Mr Whidden in so filing complied fully with a response to the Sheriff Department in a timely manner.  The Sheriff Department’s failure to get the response to the proper person, file, issue is not the problem of Mr Whidden.  It is a problem with the Sheriff and now the State’s Attorney file as proper response was given, and Mr Whidden was anticipating some response in writing per the method communication was initiated…………..Note: Just as Mr Whidden has the right to respond to initial contact to Larry Berges, then Berges had an obligation to respond to Mr. Whidden in kind via email as instructed.   It is difficult however to respond in writing when a Criminal Conspiracy is being staged.  It appears criminal at the outset.………….Herein lies the problem.  Law enforcement thru crooked means (Prosecutorial Misconduct) mis-direct facts of a case.  Fortunately Mr. Whidden had the forethought to access the Jackson County Website and respond via Florida Public Record filing on May 18, 2015.  Further to this, Donnie Branch (Head Deputy) upon Mr. Whidden’s follow-up and insistence followed up acknowledging Mr. Whidden’s response……………Mr Whidden had fulfilled his responsibility.  Any statement to the contrary, is FRAUD and Material Misrepresentation of Fact.  Meanwhile the entire case of the State hinges on this and a number of other deceptions.  Larry Berges and Donnie Branch your failure to properly acknowledge, handle and incorporate my written response of 5/18/2015 is tantamount to Obstruction of Justice, and Tampering with Evidence.  Can you see it?

Mr. Larry Berges, you seem like a relatively bright man.  Check the I.P. address on the web access and email correspondence.    You will find response was directed to you from Alaska.  Again, this may pose an additional problem to your Criminal Pursuits, Abuses, and Harassment. 

You are a public official.  I am notifying you of your offenses, allowing you and yours to do the right thing and derail this freight train you started moving.   Also, keep in mind this may be example of how your office operates, and thus far it doesn’t look good for the County/State.  It is my obligation to report Felonious activity as you are aware, and you are committing numerous Felonies.

The aforementioned phone call of Berges, and Whidden’s lawful response via Florida public record indicates that everything that followed thereafter was unlawful (Warrant, Arrest, Detention, Retention of Personal Property, Trespassing, Unlawful Search and Seizure, and the list goes on and on).  At its foundation this was an unlawful use of power initiated by tainted statements and poor protocol.  This is not Mr. Whidden’s problem.  This is a problem for the prosecution.  Whereas someone somewhere thinks you and your pursuits may be “immune” from Prosecutorial Misconduct, this is simply not true.  Officials are exempted from “misconduct” of others (such as the false reporting that initiated this witch hunt), but you are not exempt (nor is the State’s Attorney’s Office) for their own criminal actions.  (You can advise them of that, and would recommend you do so by copying this to them.)

In my post to the Jackson County Public Information (Sheriff’s Website) site I advised of ongoing Meth Production of an undetermined nature with evidence on the ground.  The evidence was brand new and flowing presumably at the time of post/response.  I had reported it numerous times previously, and had stretched yellow caution tape around the site because of the hazardous waste flowing out on to the ground.   Jackson County Sheriff’s Department failure to acknowledge and address compromised the drug issue and a host of other issues.  To this point this issue has been reported potentially ten (10) different ways to your office.  Little action has taken place.  My email notice advises that I had contacted the Health Department and Sheriff’s Office numerous times with no substantial response.  These notifications continued to/thru July 30, 2015, and since.  It appears the Sheriff’s Office is harboring a felon for failing to prosecute Jennifer Slay.

My intention for using the Public forum was precisely what we have here, to avoid Law Enforcement stating there was no response.  Florida public record demonstrates Whidden was in Alaska at the time of contact presenting still more doubt in the case of the State’s Attorney’s frivolous pursuits.

Understand this is all Criminal Action against the landowner using law enforcement (Abuse of Process).  If you insist that I hire counsel then this is Criminal Extortion to defend against your harassment.  Can you see that?  Your insistence that I hire counsel to defend against your Criminal Onslaught is CRIMINAL EXTORTION.  I recommend the County/State appoint legal counsel for the victim (Whidden) per instruction herein.

Moving on with my response as filed as part of Florida Public record, I had follow-up statements to that filing awaiting someone of integrity to contact me civilly and asking proper questions.  I never got that opportunity to respond.  I have not had that opportunity yet, meanwhile you had me unlawfully warranted, arrested, detained, and probation awaiting “trial” on a frivolous case that you and your accomplices can’t prove.  It is baseless and without merit.  This is Abuse of Process, Prosecutorial Misconduct, and Criminal Mischief.

For the record, we have a Criminal Felony action underway as initiated by the County/State.  Their action against Mr Whidden has the appearance of a Criminal Conspiracy, rooted in Abuse of Process, and a host of unlawful activity as outlined in the “Trespass” submission served to Larry Berges in the presence of Donny Branch on 8/7/2015.  (Copies were similarly passed to Judge Wade Mercer’s office, and the probation officer Stacey Goodson.  Whereas you may not appreciate this, I am within my rights as a citizen to respond as I am.  There is no rule, law or anything preventing this.  Actually I have a duty to report as does all of those who partied in that Contempt of Court issue.…………….Further if/when the County/State insists that I hire a lawyer that is tantamount to Criminal Extortion, because there are crimes being committed against Mr. Whidden by way of County/State corruption/collusion.  If/when the County/State chooses to appoint counsel, they should appoint (and pay) counsel that is willing and able to prosecute the County/State/State’s Attorney based on evidence at hand at that time and onwards.  It is indeed a tangled web of deception.

To my knowledge I have responded sufficiently to all requests and sufficiently documented a host of potential information in this case.   You and your counsel as well as the State’s Attorney’s office are responsible for all I have submitted, and in case of “trial” you are required to disclose all this information.   We all should work towards avoiding a trial, because the outcome for the County/State is sustained abuse following notification.   To my knowledge the Sheriff Dept and the State’s Attorney Office have broken literally dozens of laws in their approach.

Meanwhile, Larry Berges in our meeting of this day 8/7/2015 with Donnie Branch present you inquired why Mr. Whidden had not responded.  Mr Whidden advised that he had.  Mr Berges inquired why Whidden had not responded to/thru Washington County Sheriff’s office……………Well, this expands an unlawful can of worms to Washington County.  For the record apparently an officer Harris/Harrison (??) left message on voice mail of Mr Whidden sometime in July 2015 it seems.  This phone call/message was returned and phone message was left for the caller, but no response.  Mr Whidden had fulfilled any obligation he had to return calls…………  There was another call from “James” inquiring about a stack of “packages” left at an abandoned farm in my name.   Give me a break!.............Meanwhile, you need to understand that just because you leave a phone message, does not mean there is a need/requirement to respond on your terms.  The calls from Berges were aptly responded to, as were the calls from Harris/Harrison……..(Note: Harris/Harrison alleged to be calling in regards to a property in Washington County, that nothing was wrong, all was in order.  If this is/was the contact Berges is talking about, then this as well is Fraud as the real intent of the call was not to inquire about property.  Material misrepresentation/Concealment.)  This is common practice in law enforcement.  Can you see it?..............BTW, “James” did not leave a call back number.

Larry Berges you started this freight train rolling.  I believe you can stop it………..Understand the unlawful activity of law enforcement seems to have put me in the driver’s seat of the train.  The only thing you and your people can control is the speed of the train and when it stops.  I would recommend stopping the train as soon as possible.  Everyone may wish to rethink their position because every move you make you stand to cost you and yours more.  Unfortunately, this is a simple situation.  I can see how the operations of these departments is entangling for real criminals.  I prefer to be detached from the entanglement, and to the best of my knowledge and understanding that is what I am doing.   I would anticipate retaliation from the Sheriff’s Department, Branch, and State’s Attorney’s Office.  This is not recommended. 

Please be advised that my arrest record and booking record at the jail should stipulate that I have respiratory acidosis and prone to seizures stemming from a severe head injury and PTSD.  In so making and initiating an unlawful arrest and disregarding this fact your actions may constitute reckless endangerment.   Arrest was made in the heat of the day while Whidden was on his way to get a drink and cool off.  He was not afforded either.  Further to this handling at the jail at booking, during detainment, and discharge put Mr. Whidden at undue risk of seizures and relapse (Pull the tapes!) (Or destroy them if you want to conceal more evidence.)  Further to this documented PTSD and other conditions tend to amp up a rather severe OCD and nervous disorder (which you may have noticed).  You keep opening cans of worms by letting the train continue to roll.

I am unable to seek gainful employment while awaiting trial, because I cannot stipulate to my client companies when I am available or not available.  The nature of my work does not allow me to come back for trial dates for a hoax trial.  Every day delay of this “case” is at least one day of lost work for me.  It is likely multiples of weeks lost, because I cannot put in for contract for work until this is resolved.  This is costing me weeks/months of employment.

I will accept appropriate appointed/competent counsel to litigate against the County/State and authorities at their expense, however I prefer all charges dropped immediately, charges stricken from record, personal property returned, and compensation for my time/expense.  You owe me this and you know it.

As this information is being fed thru the proper channels to the State’s Attorney file the State is responsible for all that is being submitted as official statements whether they want it or not.  The State has a responsibility in prosecution to present all the facts, even facts contrary to their desired position, lest they are guilty of Prosecutorial Misconduct.  Can you see how this works?  When the State sees they have a dead end case or a case that opens law enforcement, the County, or the State to liabilities they are urged to cut their costs and losses.  Failure to do this is Waste, Fraud, Abuse of taxpayer resources.  Further pursuit once the case is clearly corrupted is not in anyone’s favor and is clearly Abuse of Process (Malicious Prosecution) and harassment for Mr Whidden.  Can you see this?  Can the State’s Attorney’s office who you are required to copy?  Can they see it?  Do you see how you never had a case, and never will?  Read the documents.  You and the State are required to conduct investigation and once you see mitigating factors you are required to go that route.,………….Yet, a case founded and based in deception, perpetuated by crimes is being allowed to continue.  It would seem we could all come together to resolve this simply and allow cool heads to prevail.  If your pursuits were not crooked/criminal then someone reasonable would urge this sooner, not later.  It is Abuse of Process by following “process”, can you see it?   A tangled web indeed.

One thing I have noted at the time of arrest, booking, and throughout that it appears as a matter of course you, your office, the jail, and others have given up on the presumption of innocence.  Can you see it?  Somehow you and yours throughout the incarceration process have treated me as I am a criminal just because I was wrongfully accused, and unlawfully charged.  Can you see it?  Larry Berges in your office today, 8/7/2015, when you exclaimed, “Why are you here now?  Why didn’t you reply when we contacted you?”  Larry, there is a presumption of guilt there, when in fact the attachments, and your records show I did contact you back quite promptly.  (BTW:  These were rhetorical questions you spouted off with others with no intention nor ability for me to respond.)  I gave proper response as acknowledged by your liability, Donnie Branch.  What you as a department did with that is your problem, not mine.  You have established a pattern with State’s Attorney documents of not reading them. There is a presumption of innocence, and you and your office, and charges you initiated are impeding my peaceful existence as granted by the laws of this country.  Where you might not like my response methodology, I don’t particularly like the abuses at the hand of a corrupted system.  I am operating within the law.  You are not.  You have become like those you traditionally pursue.

Further as my rights have been severely impeded in Jackson County, Washington County, State, Nation, Universe we may have an ongoing problem as I can tell.  We will have to seek resolution for law enforcement to Cease and Desist.  As law enforcement has already unlawfully entered on to, and facilitated removals (theft) from my property unlawfully, while ignoring illicit drug issues on the property conducted by third parties, we may have a problem.    I am not convinced that I can anticipate lawful, peaceful co-existence after bringing charges on the Sheriff, County, and State.  I anticipate the County/State will be interested in purchasing my real estate interests as I apparently cannot receive proper justice conventionally in the area.  Clearly there is a predatorial nature on the move here, with apparent refusal to engage unlawful activities such as those outlined in virtually every contact by the landowner…………….As the County is using my Pollywog property for their Equine Rescue maybe it is time they bought me out and allowed me to go my way?  (Yes, Larry, the lock on the gate at Pollywog could have just as easily belonged to your department/staff, as it could me.)

I have notified you on a couple of occasions that I have voice recorded threats in conjunction with this problem.  You, nor anyone else has contacted me in regard to these messages and threats.  This is a problem for your case, and prosecution.  You cannot prosecute or allege to investigate one side, without prosecuting or investigating the whole case.  Can you see that?  This is Prosecutorial Misconduct.  When someone gets interested in the recordings, please contact me for same.

Larry, if I was not being agitated by the incompetence and harassment I am experiencing thru the poor administration of “process”, I would likely be healing cancer, or brain injuries.   As you may/may not know I am developing and documenting new cancer/brain research which the unlawful pursuits of the County/State are impeding.   You will be held accountable for all losses to income, expenses, and lost resources (including but not limited to time 2 days for every one stolen).   If you are/were really curious about me or my whereabouts a simple “Google” search would have produced www.TheBrainCan.com , www.SolomonSeries.com , or a host of other references you might find interesting or amusing.  Meanwhile, people are dieing and suffering because of the frivolous charges you initiated in an unlawful means, administered improperly.  Think about it.  You damage good people.



Theodore L. Whidden

[email protected]

P.O.Box 158

Chipley, Florida 32428


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