82 YEARS OLD AND ANGRY AT THE SYSTEM HE ONCE DEFENDED!

Dear Ms. Lee,

I got your Christmas card yesterday and Lordy! it's been a long time since I wrote to you at the Eau Gallie Florida address! I'm still in the clutches of this enemy state of Florida and for the past 3 years in the worst prison in the Dept. of corruption! Oh, PS! As a Punishment Prison, it is effectively the best!

First me and woe! I will be 82 years of age in May. Have been a victim of this perverted, depraved, unjust, illegal court system for TEN years. At age 71, in 1992, I was arrested, charged, "TRIED", and convicted of First Degree Murder: A crime I did NOT commit!

The "victim" was a well hated scum, trash, deadbeat, swindler, conman and bad check writer who made enemies in every town where he lived and practiced his advocation.

James Franklin Sellers was a Certified Registered Nurse Anesthetist and a competent administrator of his own Anesthesia Service. He could have earned respect, envy, success in his work and lucrative earnings, but he enjoyed cheating, taking advantage of anyone who worked for him or trusted him. As a result, he continually had to hire other CRNA's (Certified Registered Nurse Anesthetist) to work for his agency for a salary and travel expenses, while he billed the hospital for their services and expenses. Each employee eventually learned of their own victimization and loss of income and quit! forcing Sellers to seek another CRNA.

In about August of 1985, I came to Florida to work for him. In February of '86, realized this thief deadbeat was cheating me. Demanded my owed pay, got a check and quit. The Check Bounced!

I called him on the phone. He claims he had no money to pay me, which was a lie! I tried to get him arrested for his bad check by complaining to the sheriff's office. They refused to act!

I went to the local police with the bad check. They also refused, but suggested I go to the local state attorney - a Clayton Adkinson - who also refused to act. Said he had 'Major Crimes' to contend with and wasn't interested in a bad check for $5,500! I am not, and never have been, a violent person so I wrote letters. To and about Florida Department of Law Enforcement. Complained and critized their non-enforcement of Florida law, what there was of it.

I suspect it was me, a dam yankee, against a Florida local boy in a Redneck Confederate ______! I did get a letter stating each state attorney was THE authority in his own realm. Later on I did get another letter suggesting I forget the past and take up my life again. Both signed by a Curtis Golden - Fat Cat in FDLE. So I wrote letters.

In the 71 years before this encounter with Florida "justice" and law, I had never acquired a criminal record. No prison record, never cheated, swindled or stole from anyone. Never harmed anyone. Was gullible and stupid and trusting enough to want to help others and as a CRNA, and a good one, I could and did.

Unfortunately I also took chances and helped others who needed money for their 'emergency' - they would repay as soon as they got on their feet! Yeah sure. I never was smart enough to demand security nor ask for interest on my loan. And of course, non was ever repaid. But I was a healthy workaholic, so I went on. I never used drugs, was a social drinker, never drove when drinking. My only record was violation of the 55 mile revenue collector and a couple of parking offenses. But I did write letters!

I relegated Sellers to the filth one finds on one's shoe! Wipe it off and go on. But I paid taxes since about 1937 to the government and expected at least equal justice under the law, so I wrote letters!

I also paid into social security since 1937 and our noble honorable leaders decided in 1995 NOT to pay the benefits due me at age 74 because I was in prison. Effectively blocking my access to competent legal help to fight for justice in my case!

In 1942, I was working on merchant ships, earning a lucrative over $2000 per month salary. Eating the best of foods, traveling the seas, had a room of my own etc etc! and I quit to volunteer for the US Army because I felt I owed service to my country. I served 3 years 1942 to 1945 in wartime in Europe. Saw and smelled dead bodies - Soldiers - in Africa, Italy, Corsica, France, and Germany. Endured air raids in England and those other countries.

I leave it to your imagination about my feelings for this evil, depraved and corrupt system - often being denied equal protection under the laws - when swindled by a bad check crook. By a fabricated charge of murder - By being jailed for 3 days without charges or Hearing after a stop in Foley, Alabama, supposedly a suspect in the murder of the scum trash crook I had written about.

His criminal tribe pointed at me as one who hated him which was true. I was one of many. But I was chosen as THE one. After all, I had written letters to and about FDLE and this crook from 1985 to 1992.

As a smear tactic, the prosecutor added a burglary charge to the first degree murder charge. About the 4th day of the trial, my public defender moved to drop the burglary charge. There were NO defendant's fingerprints in the house! NO witness to place him in the house! NOTHING missing from the house or body. Gold chain, rings, watch, full wallet - nothing taken. The traffic court judge agreed and dropped the burglary charge.

My defender then moved to drop the murder charge. He was not in the house for the burglary charge, so could not be in the house for the murder!

"I object!" brayed the prosecutor. "There's a dead body in the house so he must have done it!" and the traffic court judge upheld the objection. Illogical? Inconsistant? Yes, but on a par with the rest of the trial.

Roared the prosecutor, "We have proof! We have evidence!" None of which appeared. Ever!

I was shown a copy of a criminal law by a lawclerk about 1994. You can't convict of first degree murder on circumstantial evidence alone. Even if the circumstantial evidence creates an atmosphere of suspicion there must be supportive evidence to convict of first degree murder. Circumstantial evidence was letters I had written to the FDLE!!!

With the inexperience traffic court judge and the malignant, obsessed and ambitious prosecutor SO driven to force a guilty verdict, there were fundamental flaws throughout the fiasco of a trial.

The jury was never sworn in is one.

On one occasion, newspapers and magazines were found in the jury room. Trial by media authored by the state attorney each day of the trial, with the UNsequestered jury who went home every night.

With the unsequestered jury at home, on one occasion, and me back in my prison day room, the news commentator broadcast, no BLASTED, "YORK KILLED SELLERS in front of his children! One child was 16 and the other was 9 years old. Why were they never allowe to testify??? They did sign a deposition about seeing a white or tan car leave the area at the time of the murder! NOT investigated!

On autopsy, the examiner found bruises and discoloration of thighs, genitals, ribs and forearms indicating a severe beating about a week before death. NOT investigated!

This was at a time when I was provably hundreds of miles away in Pensacola! Plus, at age 71, lousy physical condition, I could never have beaten this speciman of healthy active prime.

All I had to defend those past 10 years were law clerks with not enough training nor interest in fighting my case. But the canteen contributions for their "work" was needed! Every agency that purports to an interest in justice or rights under the constitution has refused to help me. Most recite the same excuse: "We are understaffed, underfunded, and swamped with pleas for help. We can't help you at this time, but wish you luck in your endeavor." Goody Goody!

The Florida ACLU says, "We are only interested in Constitutional issues" - nobody cares about justice!"

And hell - on and on and on and I'm still in here after 10 years! I read about convictions reversed due to prosecutorial misconduct or judicial error - Both blantant throughout my trial!

What qualifications are required for a judge to be elevated to the Circuit Court from a county traffic court?

What qualificatied this this traffic court judge to sit on my capitol case with my Death at stake? For certainly a life sentence with 25 year mandatory at my age (then 71) IS a death penalty!

Who appointed this judge to my case? I believe FDLE did influence the choice! and the inexperienced defender also.

The state decision NOT to ask the death penalty had nothing to do with 'compassion', only to avoid careful scrutiny of the trial transcripts for the multitudinous errors! Fundimental ones such as the swearing in the jury, which was not done! Not sequestering the jury for another. Media influence and intervention each day of the trial. Newspapers in the jury room. And most vividly, LACK of Evidence! No fingerprints in the house! No witness to place me in the house. Violation of criminal law which states circumstantial evidence in not enough to convict of first degree murder. Violations of equal justice under the law!

But what the hell? I'm old and poor and will die anyway...

Robert York
776177
Gulf CI Annex
699 Ike Steele Road
Wewahitchka, Florida 32465

GULF CI

I grew concerned today as I was typing in Mr. York's letter dated 12/31/02, which he wrote from Gulf CI. As is my learned habit, I double-checked his location on the DOC site, and whoa, he's at NFRC - aka 'Butler CI' [Later to be known as RMC]. Of course I think, Heart Attack! I mean, he is nearly 82 years old. So I call the prison and finally get to speak with Chaplain Monk. He informs me that Robert is not in the hospital proper, so it wasn't a heart attack. So, I'm happy to report Robert is alive, well or not, I don't know. But he is right now at NFRC experiencing the