RICO Act Violation

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CASE NO: 15-276CF

State of Florida


Theodore L Whidden





This filing is made “Pro Se” by Theodore L Whidden, the undersigned, in hopes that the State Court as listed above and the Honorable Judge Shonna Gay can intervene in the train wreck of malicious prosecution attempted by the State/County in this case, and redirect to the appropriate authorities.  As this was initiated and sustained unlawfully it is/was clear the attorneys for the State are/were corrupt.  If it continues moving forward the Court itself is seen in collusion with other State corruption:

The Defendant’s rights are being violated by distractions of the State to preclude liberties and the right of self-defense by the Defendant.  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.  An Emergency Change of Venue was requested in November 2015, December 2015, and again in January, 2016.  It was requested for cause, some of which has been outlined, some will be outlined as me move along.  The pursuit of the “Mental Evaluation” is a proof in itself of unlawful, unsubstantiated offense to the Defendant’s Civil Rights.   At no time has the Defendant asserted a “mental” defense. 

The filing of the Prosecution and thus the ruling of the Court is unsubstantiated and appears yet another mis-use (Abuse) of process.  Whereas the Court record refers to the Florida Rules for “Incompetence to Proceed” it fails to comply with the rule.  The concealment, withholding, and/or failure to provide the substantive documents required by the Rule is FRAUD, ABUSE OF PROCESS, and multiple other offenses.   For the record:

Florida Rule 3.210. Incompetence to Proceed: Procedure for Raising The Issue specifically states that there are to be accompanying documents with specifics with the motion.  I await same prior to responding to validity of this request.

RULE 3.210 (2)     A written motion for the examination made by counsel for the state shall contain a certificate of counsel that the motion is made in good faith and on reasonable grounds to believe the defendant is incompetent to proceed and shall include a recital of the specific facts that have formed the basis for the motion, including a recitation of the observations of and statements of the defendant that have caused the state to file the motion.

As this Court can appreciate:

1)    The Court is pursuing a case put forward knowingly on false pretenses, false statements, in hopes of extortion.

2)    Numerous acts of Criminal Conspiracy have been outlined by the State, State agents, and representatives..

3)    The State lacks probable cause.

4)    Targeting, warrant, arrest, search, seizure was all unlawful.

5)    Numerous Civil Rights violations involved.

6)    Numerous Civil Rights violations involved with retention of personal property outside the bounds of law.

7)    Grand Theft multiple counts against the State/County in this unlawful arrest and detention and removal of property.

8)    Following the unlawful theft and detention, some five months later additional thefts, delays and Civil Rights violations noted including but not limited to theft attempts of personal property at the time of return.

9)    States Attorney office has been notified of numerous Racketeering violations and behaviors to which they are party to.

10)           Some 57 felony counts have been listed against the States Attorney and their office and their personnel.

11)           The State appointed Court used their State authority to appoint a less than desirable (criminal) Public Defender.

12)           Numerous charges outstanding on the Public Defender and more to follow.  The Court has failed to address the offenses, rather attempted to “re-appoint” the poorly performing Public Defender.  If he had done his job the first time this would have been over in minutes.

13)           The State (Public Defender) partied with the State (States Attorney) in a collusive effort revealed throughout this case.  This makes this case a Federal concern and the State Court no longer has authority or jurisdiction.  The Court has been informed numerous times in numerous ways, yet the Court itself appears as corrupt as its officers.

14)           The Court has failed to address the Sanctions requests and filings regarding the State, Public Defender, and States Attorney.

15)           The State is withholding documents against the Rules of Advocacy.

16)           The State is withholding documents against the Rules of Criminal Procedure, including but not limited to Special Rules for Prosecutors Rule 3.8.

17)           The State is withholding documents against the Rules of Due Process established in the 14th Amendment of the Constitution.

18)           The State is withholding documents pursuant to a Brady Disclosure request for all documents concerning the Defendant.

19)           The State is unlawfully targeting the Defendant via “Wanted Poster” style postings in the Court house and presumably elsewhere as filed elsewhere.  This is clearly reckless endangerment and other offenses to be addressed elsewhere.

20)           The States Attorney office of Glenn Hess and Glenn Hess himself have been contacted and they are willfully (Willful and Wanton) partying in this Criminal Conspiracy.

21)           The States Attorney office in Marianna headed by Ana Maria Garcia and Garcia herself has been contacted in this regard and they are willfully (Willful and Wanton) partying in this Criminal Conspiracy.

22)           The States Attorney office in Marianna housing the corrupt counsel Laura Wahlquist as supported by the foregoing list has been contacted and they are willfully (Willful and Wanton) partying in this Criminal Conspiracy.

23)           The State has refused to meet to address and resolve.  Despite having a frivolous case at the beginning and throughout the State continues its process of RACKETEERING.

24)           The Undersigned has filed a Notice of Unavailability to slow the rapid descent in part to hell of the prosecutors.  They are withholding documents as referred to above and as requested numerous times.  The case cannot move forward without said documents.  Delay is for the prosecution.

25)           The Undersigned has filed an “Emergency Change of Venue” due to the corruption and lack of safety in this venue. 

26)           The Undersigned filed the “Emergency Change of Venue” due to corruption prior to the corrupt counsel and Court seeking mental evaluation.  Change of Venue is clearly warranted.

27)           The Undersigned filed two forms of Habeas Corpus stipulating the Court and the Counsel for the State are out of line, out of their authority and out of their jurisdiction.  This was filed prior to our last encounter where the crooked bastards tried to have the Undersigned picked up on more frivolous charges.  Evidence of their attempt is seen in other filings concerning the criminal operations of the Court in that period.

As the State can verify they lack substance in the following repeated aspect of the lawful filing:

(2)     A written motion for the examination made by counsel for the state shall contain a certificate of counsel that the motion is made in good faith and on reasonable grounds to believe the defendant is incompetent to proceed and shall include a recital of the specific facts that have formed the basis for the motion, including a recitation of the observations of and statements of the defendant that have caused the state to file the motion.

This Court and its officers are operating outside of lawful order at seemingly every turn.  Florida Law requires that the Court and Prosecution comply with all aspects and to this point neither has.  You are outside of lawful procedure, operating in ABUSE OF PROCESS, furthering MALICIOUS PROSECUTION against someone you have now stated that you believe to be impaired.

The foregoing is merely a partial list.  The RICO Act violations are vast.  The pursuit in this unlawful and harassing manner is unlawful with or without mental issues of the Defendant/Victim, meanwhile RICO chapter 825 of Florida Statute specifically addresses abuses to those who are believed to be impaired.  By way of the Counsel for the Prosecution and the Court partnering on agreement of a “Mental Evaluation” indicates they have either suspected mental issues, or caused them, or are trying to justify their abuse of one they believe to be impaired.  The nature and justification of said examination is clearly twisted.  Their pursuit is unlawful, unsubstantiated, and evidence of RICO Act violations/attempts.

As a result of the pending RICO Act violations and the impact this evaluation would involve the pursuit of evaluation is blocked by itself.

By way of the Prosecution’s filing which requires the States affirmation they believe the Defendant is impaired we seemingly have an admission of guilt under Chapter 825 of RICO Act Statutes.   The STATE and COURT are admitting their guilt/ploy by calling for the Mental Evaluation.

The admission of guilt by the State regarding RICO Act violations for impaired adults was clearly advised by way of filings prior to the admission realized in their demand for Mental Evaluation.  We shall see how this plays out in Federal Court.

It is in the States devious pursuits to alter, affect, or attempt to alter or affect the Undersigned and the ability to safely engage process.  The use of “Mental Evaluation” is an unlawful and unnecessary attempt for the State to further and justify their abuses.  It is unsubstantiated, unwarranted, and is seemingly a typical effort in this Court’s arsenal of criminal offenses.  (Class Action against the State, Court, and Officials is warranted).

The State has demonstrated numerous times that their personnel are unreliable, corrupt, and often incompetent.  The use of a “Mental Evaluation” ploy with or without substantiation is another act of corruption in motion.  At present the Court has granted permission to these scoundrels without proper substantiation, and thus is partnering in this sham/scam use of the legal process.  RICO Act by the State throughout, round for round.

Clearly this Court is criminal beyond measure and as a result the safety of the Undersigned and others is at jeopardy when they are left in power.  This Abuse of Process and Malicious Prosecution or Prostitution as it were must stop.  The Undersigned has been required to remove himself from harm’s way by way of the Universal Human Rights Laws.

Clearly the Defendant never raised a defense of “Insanity” and pursuit of the State pro-actively lacks foundation, grounding and supporting law/jurisdiction.



I HEREBY CERTIFY this as a true copy of the foregoing to be delivered to the States Attorney office and State Legal Representation 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

Attention Glenn Hess, States Attorney Florida Bar # 287806

Herman Laramore, Public Defender Bar #131906

Pam Bondi, Attorney General, Florida Bar # 886440

Elijah Smiley, Chief Justice 14th Judicial, Florida Bar # 508918

FBI, Regional Office

Publicly made available.


Jackson County Board of County Commissioners

2864 Madison Street

Marianna, Florida 32448

Telephone: (850) 482- 9633

Fax: (850) 482- 9643

E-mail: [email protected]


                                                                                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. 15-276CF; 

P.O.Box 158, Chipley, Florida 32428

Phone: 850-685-2353  Email: [email protected]




An Abused Member of the Public


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Copyright May 2016, All rights reserved by Ted Whidden