LEGAL HELP NEEDED FOR TROY MILLS AT UNION CI
Troy was 17 when he was sentenced in adult court for three burglaries. The laws on trying juveniles as adults were ignored and the plea bargain he signed was not honored. Where he had agreed to a plea bargain for 6 years, he found out he had been given 30 years. He's already served 14 years longer than the agreement called for. At times he becomes suicidal with hopelessness, and we feel he may not be able to complete the 10 illegal years he has left.
The background work has been done by Troy's correspondents, and this would be such an easy case for an attorney who cares. Plus it can probably be carried into a lawsuit that could reimburse the attorney for his work on Troy's behalf.
If you can help, please contact John Pizer at johnpizer@juno.com
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***URGENT
UPDATE******
Saturday, July 28, 2001 4:02 AM
Subject: LEGAL HELP NEEDED -
TROY IS IN FLORIDA, HAS BEEN VERY SUICIDAL, BUT STRONGER NOW AND NEEDS IMMEDIATE LEGAL HELP.
HE HAS BEEN WRONGFULLY CONVICTED AND HAS ALREADY SPENT 20 YEARS IN PRISON OF A 30 YEAR SENTENCE. HE IS 37 NOW.
THE CASE COULD REALLY BE EASILY SOLVED IF WE COULD FIND AN ATTORNEY TO GIVE A LITTLE HELP. WE ALREADY HAVE THE FACTS AND THE GROUNDS FOR A POST CONVICTION APPEAL.
There is no investigation, no DNA tests, nothing to do; it is just a matter of law.
ALL WE NEED IS SOMEONE WILLING TO LOOK AT THE CASE. I even do not think that it has to be a lawyer from the state of Florida...
I cannot find the words to beg you to help.. I DO KNOW that help and emergencies are everywhere, I know that we cannot help everybody..
Do not reply to me, but if you can help, please send an email to johnpizer@juno.com : he is Troy's correspondent.
THANKS!!!
Fabian Gastellier
***DETAILS OF THE CASE***
Some new information has come to our attention in this case which would provide grounds for challenging the convictions. The adult sentencing court did not have legally proper jurisdiction. This appears to be strictly a matter of law.
The circumstances are that Troy Mills was charged with three crimes in 1981, when he was 17 years old. The first two were simple burglary and were adjudicated together on October 23, 1981, in adult court under youthful offender status. These are case numbers 81-6038 CF and 81-6039 CF.
He was sentenced to two, concurrent four year terms. The judge was Leroy Moe, in Broward County, Fort Lauderdale, Florida. The defense attorney was Kurt Barch and the assistant state’s attorneys were Michael Paris and Barbara Mitchell.
There was no transfer hearing or waiver hearing to transfer jurisdiction out of juvenile court. There were no prior charges which could have made a transfer automatic. And the charges of simple burglary are not sufficient to qualify for an automatic transfer. According to Florida Statute, Title XLVII, Chapter 985.226 and 985.227 it appears that there were no legal grounds for jurisdiction in adult court. Even if there were, the court did not follow any procedure for legal transfer.
There was a third charge of burglary with assault which was adjudicated four months later on February 26, 1982. There was no actual violence. The intruders pushed the person who opened the door aside, that was the only basis for the assault charge. That is case number 82-2082 CFC.
Troy was told by his defense attorney, Barch, that the prosecution had offered a plea agreement such that if he pled guilty he would only serve six years. And Barch told him that the penalty would be much more severe if he did not agree to the plea. Troy reluctantly agreed. It was not until two years later, in prison, that he learned that the plea agreement was not followed and he had been sentenced to serve the full thirty year sentence.
This latter sentence would have been properly in adult court as a third felony if the first sentences had been properly in adult court. However, the first sentences were improperly in adult court so the third sentence fails as well. Troy wishes to challenge all three sentences.
Troy has been trying to prove for many years that a plea agreement on the third charge did exist but was not followed. He was able to obtain an evidentiary hearing in 1987 on this issue. At that time the court was informed that the original transcript records were lost or missing. His defense counsel, Barch, also claimed to have lost his record of that plea agreement. So that hearing failed for lack of evidence. There is a complete record of that hearing.
We have, over the ensuing years, tried to locate the missing trial records and obtain a copy of that plea agreement. In the process of communicating with the court records clerk we were told first that the transcript was missing, then lost, then that there never was any transcript made and finally that it is not unusual for there to be no record of a court proceeding when there is a plea agreement. That is questionable based on Rules 3.170 and 3.721 which require a written record.
Although we started out to find the record of the plea agreement of the second trial, we later tried to find a record of the basis for a transfer out of juvenile court. Now, however, we learn from the court records clerk that not only is the record missing from that second trial but the record is also missing from the first trial as well. The court records clerk has stated in writing that no record of any of these court proceedings was ever made.
In a perverse way that may be fortuitous. That is, that there is no record of any transfer of jurisdiction. Whether any record existed or not, there never was a proper transfer of jurisdiction and we expect that the county will not be able to show otherwise.
Troy has been in prison nearly twenty years now. His earliest possible parole hearing date is for 2007. He has suffered greatly under a false conviction and sentence. He also intends to pursue his options for recovery of damages for a false conviction once he is released. I urge you to seriously consider helping him.
***PENPALS ALSO NEEDED***
Troy also needs pen-pals to keep his hope alive.
You can send him a card at the following address
Mr. TROY MILLS
#082347
Union Correctional Institution
7819 N.W. Street
Raiford, FL 32026-4000
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