The mission of the Public Information Office is to provide accurate information to citizens and the media in a timely manner. Dedicated to promoting and supporting various functions within the SAO, the office also provides information on services and initiatives.
If you are a member of the media and have a public records request or inquiry please email mediarecordsrequest@sao9.org. For all other request (i.e. statements, questions, or interview requests) please email our Director of Communications, Trei Johnson, at tjohnson@sao9.org. Include the case number and name of the defendant when possible.
All non-media requests for public records, please visit our Public Records Request Page.
If you are a member of the media and have a public records request or inquiry please email mediarecordsrequest@sao9.org. For all other request (i.e. statements, questions, or interview requests) please email our Director of Communications, Trei Johnson, at tjohnson@sao9.org. Include the case number and name of the defendant when possible.
All non-media requests for public records, please visit our Public Records Request Page.
STATE ATTORNEY AYALA INSTITUTES AN ENHANCED BRADY POLICY FOR
RECURRING STATE WITNESSES
Policy ensures that prosecutors are alerted when recurring state witnesses engage in criminal behavior or other misconduct such as deceit, dishonesty, or improper bias.
ORLANDO, July 25, 2019 – State Attorney Aramis Ayala announced today the start of a new Brady policy, to ensure the testimony by recurring witnesses is honest and credible. “It is imperative to our work that we have the utmost confidence in testimony upon which we build our cases,” said State Attorney Ayala. “My office processes hundreds of thousands of criminal cases every year and in many instances, prosecutions rely solely on the honest and credible testimony of law enforcement and other personnel who either witness or investigate crimes.”
The new Brady policy includes the designation of a Brady Committee. The Committee will be made up of the Director of Conviction Integrity, the Chief Investigator, 2 Felony Bureau Chiefs and the Chief Assistant State Attorney. The Committee is tasked with reviewing information, then weighing it to determine whether the witness should be:
If a recurring witness is on the alert list, prosecutors will be on notice and directed to proceed with caution or may even need permission to prosecute the witness’s case. Notice of one’s placement on the list will be sent to the agency with which he or she is employed. If a recurring witness is elevated to the exclusion list, that witness will be prohibited from testifying as a state witness for our office.
The processes of review by the Brady Committee can be triggered in a variety of ways. The State Attorney welcomes the information directly from local agencies when officers and experts are relieved of duty, under investigation for criminal conduct or disciplined for other relevant misconduct. In fact, State Attorney Ayala is currently working closely with law enforcement agencies to discuss how to effectively manage this information. Additionally, we also may have internal insights that trigger a review by the Committee.
The Brady Committee will produce a list of witnesses who are on the alert list and those who are on the exclusion list. These lists are to ensure the integrity of the criminal justice process and to provide prosecutors with as much information as possible regarding witnesses whose credibility may compromise the quality of a case.
Here are a few examples as to why this policy is necessary;
An Officer with a local agency was fired by the Department for a lack of truthfulness but rehired after an arbitration hearing, and thereafter assigned to the airport. My office recently learned the officer returned to the streets on patrol. This increases the likelihood that he will be part of a criminal investigation and in turn may become a state witness. While State Attorney Ayala understands the processes that impact police practices, State Attorneys represent a separate agency not bound by the same standards. Prosecutors enjoy a unique freedom and responsibility to focus squarely on the quality of our prosecutions. We recognize this officer could potentially compromise cases where he is a witness.
Another example, a former Fingerprint Examiner. This individual had documented performance problems that included failure to identify prints of value, questionable findings, and mislabeling of print cards. Those problems were discovered and even disciplined by his office as early as 2015. The State Attorney’s office, however, was not notified. The State Attorney’s office did not discover there was an issue until 2 years later, potentially affecting
more than 2,500 cases- these cases are currently under review with the Conviction Integrity Unit.
“As prosecutors we are, and should be, held to the highest ethical standards and cannot waiver in our obligations, if we are committed to prosecutorial accountability and if we are seeking to build community trust. We will not minimize or make excuses when recurring witnesses engage in criminal behavior or other misconduct such as dishonesty, deceit, or improper bias.,” said Ayala.
The new Brady policy includes the designation of a Brady Committee. The Committee will be made up of the Director of Conviction Integrity, the Chief Investigator, 2 Felony Bureau Chiefs and the Chief Assistant State Attorney. The Committee is tasked with reviewing information, then weighing it to determine whether the witness should be:
- Cleared and no action taken;
- Placed on the Brady alert list; or
- Placed on the Brady exclusion list.
If a recurring witness is on the alert list, prosecutors will be on notice and directed to proceed with caution or may even need permission to prosecute the witness’s case. Notice of one’s placement on the list will be sent to the agency with which he or she is employed. If a recurring witness is elevated to the exclusion list, that witness will be prohibited from testifying as a state witness for our office.
The processes of review by the Brady Committee can be triggered in a variety of ways. The State Attorney welcomes the information directly from local agencies when officers and experts are relieved of duty, under investigation for criminal conduct or disciplined for other relevant misconduct. In fact, State Attorney Ayala is currently working closely with law enforcement agencies to discuss how to effectively manage this information. Additionally, we also may have internal insights that trigger a review by the Committee.
The Brady Committee will produce a list of witnesses who are on the alert list and those who are on the exclusion list. These lists are to ensure the integrity of the criminal justice process and to provide prosecutors with as much information as possible regarding witnesses whose credibility may compromise the quality of a case.
Here are a few examples as to why this policy is necessary;
An Officer with a local agency was fired by the Department for a lack of truthfulness but rehired after an arbitration hearing, and thereafter assigned to the airport. My office recently learned the officer returned to the streets on patrol. This increases the likelihood that he will be part of a criminal investigation and in turn may become a state witness. While State Attorney Ayala understands the processes that impact police practices, State Attorneys represent a separate agency not bound by the same standards. Prosecutors enjoy a unique freedom and responsibility to focus squarely on the quality of our prosecutions. We recognize this officer could potentially compromise cases where he is a witness.
Another example, a former Fingerprint Examiner. This individual had documented performance problems that included failure to identify prints of value, questionable findings, and mislabeling of print cards. Those problems were discovered and even disciplined by his office as early as 2015. The State Attorney’s office, however, was not notified. The State Attorney’s office did not discover there was an issue until 2 years later, potentially affecting
more than 2,500 cases- these cases are currently under review with the Conviction Integrity Unit.
“As prosecutors we are, and should be, held to the highest ethical standards and cannot waiver in our obligations, if we are committed to prosecutorial accountability and if we are seeking to build community trust. We will not minimize or make excuses when recurring witnesses engage in criminal behavior or other misconduct such as dishonesty, deceit, or improper bias.,” said Ayala.
Statement by Orange-Osceola State Attorney Aramis Ayala Regarding Drug Diversion Policy
ORLANDO, June 27, 2019 – When I announced I wouldn’t be seeking re-election as State Attorney, I indicated I would be rolling out new initiatives, programs and policies designed to better serve citizens of Orange and Osceola Counties. I am pleased to announce one such policy today, effective August 2019, the Orange-Osceola State Attorney’s Office will change the way in which we prosecute low-level drug-related offenses.
Over the years, the Legislature has increased maximum sentence lengths, added habitual offender sentencing enhancements and imposed mandatory minimum sentences for a variety of offenses, including those involving controlled substances like marijuana. While this strategy may sound appealing to some, it has not proven to be effective at reducing crime or preventing those who have committed crimes from offending again. What it has done, is cost taxpayers hundreds of millions of dollars at a time when budgets are already stretched thin.
Finding a remedy for the issue of mass incarceration has been incredibly important to me. With drug-related offenses in particular, there is significant evidence that the prosecution of these offenses has failed to reduce levels of drug use, dramatically increased the number of individuals incarcerated and undermined public safety by diverting much-needed resources away from the investigation and prosecution of violent crimes.
The purpose of our new Drug Diversion policy is to limit the impact of drug offenses on mass incarceration while keeping Orange and Osceola citizens safe, holding drug offenders accountable and getting them the help, they need. In addition, this policy will decrease Assistant State Attorney caseloads so they can focus on more serious and violent crimes and also reducing costs to taxpayers. My office will offer a three-tiered diversion program for dealing with drug offenses. Specific information on this program can be found at on our website.
In Level One, for cases involving low-level possession of marijuana or drug paraphernalia or offenses involving only trace amounts of any drug, offenders who complete a one-hour class will have their charges dismissed.
Level Two of the diversion program, which involves simple possession of other illegal narcotics including heroin, cocaine, felony cannabis and fentanyl, among others. It requires that the offender completes a two hour substance abuse education with a licensed treatment provider, or social worker, complete four hours of community service and avoid re-arrest for six months. Individuals who complete these requirements will have their charges dismissed.
Level Three is for those who violate the terms of Level Two or appear to have a drug addiction that requires treatment. These individuals will be ordered to receive individualized rehabilitative services by participating in Drug Court or by entering our Pre-Trial Diversion program. The primary objective for those in Level Three is to provide treatment to individuals who suffer from drug addiction.
Our goal with this new Drug Diversion Program is to provide a common-sense approach to dealing with low-level, non-violent drug-related crimes in a way that keeps citizens safe, reduces costs and frees up our team of prosecutors to pursue the most serious crimes.
Over the years, the Legislature has increased maximum sentence lengths, added habitual offender sentencing enhancements and imposed mandatory minimum sentences for a variety of offenses, including those involving controlled substances like marijuana. While this strategy may sound appealing to some, it has not proven to be effective at reducing crime or preventing those who have committed crimes from offending again. What it has done, is cost taxpayers hundreds of millions of dollars at a time when budgets are already stretched thin.
Finding a remedy for the issue of mass incarceration has been incredibly important to me. With drug-related offenses in particular, there is significant evidence that the prosecution of these offenses has failed to reduce levels of drug use, dramatically increased the number of individuals incarcerated and undermined public safety by diverting much-needed resources away from the investigation and prosecution of violent crimes.
The purpose of our new Drug Diversion policy is to limit the impact of drug offenses on mass incarceration while keeping Orange and Osceola citizens safe, holding drug offenders accountable and getting them the help, they need. In addition, this policy will decrease Assistant State Attorney caseloads so they can focus on more serious and violent crimes and also reducing costs to taxpayers. My office will offer a three-tiered diversion program for dealing with drug offenses. Specific information on this program can be found at on our website.
In Level One, for cases involving low-level possession of marijuana or drug paraphernalia or offenses involving only trace amounts of any drug, offenders who complete a one-hour class will have their charges dismissed.
Level Two of the diversion program, which involves simple possession of other illegal narcotics including heroin, cocaine, felony cannabis and fentanyl, among others. It requires that the offender completes a two hour substance abuse education with a licensed treatment provider, or social worker, complete four hours of community service and avoid re-arrest for six months. Individuals who complete these requirements will have their charges dismissed.
Level Three is for those who violate the terms of Level Two or appear to have a drug addiction that requires treatment. These individuals will be ordered to receive individualized rehabilitative services by participating in Drug Court or by entering our Pre-Trial Diversion program. The primary objective for those in Level Three is to provide treatment to individuals who suffer from drug addiction.
Our goal with this new Drug Diversion Program is to provide a common-sense approach to dealing with low-level, non-violent drug-related crimes in a way that keeps citizens safe, reduces costs and frees up our team of prosecutors to pursue the most serious crimes.
State Attorney Ayala Announces Human Trafficking Conviction
First case nationally that admitted Backpage ads as evidence through law enforcement authentication software.
ORLANDO, May 6, 2019 – State Attorney Aramis Ayala announces a conviction in a major Human Trafficking case in coordination with the Metropolitan Bureau Of Investigations, Human Trafficking Unit. On April 3, 2019, Darrius White was found guilty of two counts of Human Trafficking of a Child for Commercial Sexual Activity, one count of Unlawful Sexual Activity with a Minor, and one count of Tampering with a Victim in a Life Felony Proceeding. White trafficked two teenage victims for commercial sexual activity between August 2017 and February 2018.
This is the first case in the United States that allowed Backpage ads to be submitted into evidence with authentication through the law enforcement search engine TellFinder after Backpage was seized by the United States Department of Justice and shut down in 2018.
“Human trafficking is atrocious and appalling. It mimics the history of servitude this country is attempting to overcome,” said State Attorney Aramis Ayala. “This conviction sets a critical new precedent in how we prosecute human trafficking crimes and will help bring justice to more victims and their families. My office will continue to work with the Metropolitan Bureau of Investigations and local Human Trafficking service providers to find new ways to effectively solve and prosecute cases of human trafficking and expand rehabilitation resources for victims.”
White was arrested by the Metropolitan Bureau of Investigations, Orange County’s Human Trafficking Task Force in August 2018. Following his arrest, he tampered with one of the teenage victims by having an accomplice make her complete false statements denying White’s involvement and forcing her to turn over her cell phone to the accomplice.
White was first convicted at a trial in January 2019 that was vacated due to juror misconduct. The Human Trafficking victims bravely testified at both the January and April trials. This case was prosecuted by Assistant State Attorney Jenny Rossman, Chief of the Sex Crimes Unit, and the investigation was led by a State Attorney Investigator and MBI Agent for the Human Trafficking Unit.
Orlando is third in the nation per capita for human trafficking and number two in the state of Florida for human trafficking. For more information about Orange County’s Human Trafficking Task Force, visit http://mbi-police.net/vice-and-ht/.
This is the first case in the United States that allowed Backpage ads to be submitted into evidence with authentication through the law enforcement search engine TellFinder after Backpage was seized by the United States Department of Justice and shut down in 2018.
“Human trafficking is atrocious and appalling. It mimics the history of servitude this country is attempting to overcome,” said State Attorney Aramis Ayala. “This conviction sets a critical new precedent in how we prosecute human trafficking crimes and will help bring justice to more victims and their families. My office will continue to work with the Metropolitan Bureau of Investigations and local Human Trafficking service providers to find new ways to effectively solve and prosecute cases of human trafficking and expand rehabilitation resources for victims.”
White was arrested by the Metropolitan Bureau of Investigations, Orange County’s Human Trafficking Task Force in August 2018. Following his arrest, he tampered with one of the teenage victims by having an accomplice make her complete false statements denying White’s involvement and forcing her to turn over her cell phone to the accomplice.
White was first convicted at a trial in January 2019 that was vacated due to juror misconduct. The Human Trafficking victims bravely testified at both the January and April trials. This case was prosecuted by Assistant State Attorney Jenny Rossman, Chief of the Sex Crimes Unit, and the investigation was led by a State Attorney Investigator and MBI Agent for the Human Trafficking Unit.
Orlando is third in the nation per capita for human trafficking and number two in the state of Florida for human trafficking. For more information about Orange County’s Human Trafficking Task Force, visit http://mbi-police.net/vice-and-ht/.
Findings of Investigation Into Pulse Night Club Shooting Released by Ninth Judicial Circuit State Attorney Ayala
Six-month review with FBI show more than 180 shots fired by law enforcement, no civilians hit by officers.
ORLANDO, February 13th, 2019 – Ninth Judicial Circuits State Attorney Aramis Ayala today announced findings from an investigation into the 2016 Pulse night club shooting which show that law enforcement fired more than 180 shots and struck no civilians. The findings are a result of a six-month long review of the evidence conducted by the Office of the State Attorney.
“As our city grieves the senseless tragedy of the Pulse nightclub shooting, I hope sharing the results of this investigation help the survivors and loved ones find some closure,” said State Attorney Aramis Ayala. “With every investigation, my goal is to seek the truth and maintain transparent and open communication with the communities I serve with all of those impacted.”
In total, 14 law enforcement officers fired their service weapon in five different engagements with the shooter. Eleven law enforcement officers were members of the Orlando Police Department and three were members of Orange County Sheriffs Office.
All of the law enforcement officers who fired their weapon during the Pulse Night shooting have received clearance letters from State Attorney Aramis Ayala.
“As our city grieves the senseless tragedy of the Pulse nightclub shooting, I hope sharing the results of this investigation help the survivors and loved ones find some closure,” said State Attorney Aramis Ayala. “With every investigation, my goal is to seek the truth and maintain transparent and open communication with the communities I serve with all of those impacted.”
In total, 14 law enforcement officers fired their service weapon in five different engagements with the shooter. Eleven law enforcement officers were members of the Orlando Police Department and three were members of Orange County Sheriffs Office.
All of the law enforcement officers who fired their weapon during the Pulse Night shooting have received clearance letters from State Attorney Aramis Ayala.
STATE ATTORNEY AYALA LAUNCHES A PET THERAPY PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND HUMAN TRAFFICKING
Researchers and experts agree that pets excel as therapeutic agents, and that dogs are an antidote to depression. Studies have shown a decrease in both blood pressure and stress levels during therapy dog visits.
ORLANDO, October 22nd, 2018 – The effects of domestic violence and sexual assault on survivors can be profound and long lasting. Survivors have many ways to remove physical evidence of abuse. But healing the emotional effects of abuse can be more challenging. Survivors of abuse often shut down emotionally and suffer from post-traumatic stress disorder, anxiety, low self-esteem, and question their sense of self, and find it difficult to talk about the trauma they have experienced.
Support animals play a significant role in helping to heal the emotional wounds of domestic violence, sexual assault & human trafficking victims. One option for survivors who are in the process of healing from abuse is working with a therapy or comfort dog. Therapy dogs are special employees, they are working dogs or dogs with jobs. These dogs undergo special obedience training and certification to provide emotional support and comfort for a wide variety of people. Additionally, therapy dogs are tested for both obedience and temperament. A therapy dog can provide comfort to people in various settings, from shelters to courtrooms.
Research shows that when a person interacts with, or even is simply in the presence of, a friendly dog, there are immediate changes in their physiological responses. Their breathing becomes more regular, heart beat slows, muscles relax and other physiological changes suggest a lowering of sympathetic nervous system activity. Experts agree that pets excel as therapeutic agents and that dogs are an antidote to depression. Studies have also shown a decrease in victim’s blood pressure and stress levels during therapy dog visits. A visit from a therapy dog can break the daily routine, increase overall emotional well-being, and stimulate the mind in dramatic ways. One researcher recalls that his patients seemed more willing to talk openly when a therapy dog was in the room. They were also more willing to talk about deeply painful issues. The positive results were not limited only to children, but also were seen in adults.
Certified therapy dogs offer so many wonderful benefits to people of all ages such as:
The State Attorney’s Office is excited to introduce “Justice” and “Peace Comfort Dog”, who are therapy and comfort dogs, to the domestic violence unit and the sex crimes unit in our office. They will assist victims as they tell their stories and provide comfort to them.
In fact, pet therapy has become much more prevalent from years ago. In the 1980’s, there were less than twenty pet therapy programs nationwide; but by year 2000, there were over a thousand pet therapy programs in operation. The number of pet therapy dogs have gone up dramatically, both inside and outside of the courtroom assisting victims.
According to Canine Court Companion Program, which allows professionally trained dogs inside the courtroom, the demand for pet therapy has become widespread in recent years. Canine Court Companion Program is currently active in the Ninth Judicial Circuit and estimates that there are 187 dogs working in 38 states through their program alone.
The State Attorney’s Office Therapy dogs are:
Support animals play a significant role in helping to heal the emotional wounds of domestic violence, sexual assault & human trafficking victims. One option for survivors who are in the process of healing from abuse is working with a therapy or comfort dog. Therapy dogs are special employees, they are working dogs or dogs with jobs. These dogs undergo special obedience training and certification to provide emotional support and comfort for a wide variety of people. Additionally, therapy dogs are tested for both obedience and temperament. A therapy dog can provide comfort to people in various settings, from shelters to courtrooms.
Research shows that when a person interacts with, or even is simply in the presence of, a friendly dog, there are immediate changes in their physiological responses. Their breathing becomes more regular, heart beat slows, muscles relax and other physiological changes suggest a lowering of sympathetic nervous system activity. Experts agree that pets excel as therapeutic agents and that dogs are an antidote to depression. Studies have also shown a decrease in victim’s blood pressure and stress levels during therapy dog visits. A visit from a therapy dog can break the daily routine, increase overall emotional well-being, and stimulate the mind in dramatic ways. One researcher recalls that his patients seemed more willing to talk openly when a therapy dog was in the room. They were also more willing to talk about deeply painful issues. The positive results were not limited only to children, but also were seen in adults.
Certified therapy dogs offer so many wonderful benefits to people of all ages such as:
- Bringing joy and laughter, even if for a short time
- Taking a person’s mind off of personal problems, aches, pains and worries
- Getting people to share their emotions and stories
- Giving a chance for people to communicate with others
- Lowering stress levels and blood pressure
- Rekindling warm memories of their pets
The State Attorney’s Office is excited to introduce “Justice” and “Peace Comfort Dog”, who are therapy and comfort dogs, to the domestic violence unit and the sex crimes unit in our office. They will assist victims as they tell their stories and provide comfort to them.
In fact, pet therapy has become much more prevalent from years ago. In the 1980’s, there were less than twenty pet therapy programs nationwide; but by year 2000, there were over a thousand pet therapy programs in operation. The number of pet therapy dogs have gone up dramatically, both inside and outside of the courtroom assisting victims.
According to Canine Court Companion Program, which allows professionally trained dogs inside the courtroom, the demand for pet therapy has become widespread in recent years. Canine Court Companion Program is currently active in the Ninth Judicial Circuit and estimates that there are 187 dogs working in 38 states through their program alone.
The State Attorney’s Office Therapy dogs are:
- Certified
- Licensed
- Insured
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Justice is a 4-year-old German Shephard assigned to our Domestic Violence Unit and will visit once a week to assist domestic violence victims.
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Peace Comfort Dog is a 2-year-old Golden Retriever and is assigned to our Sex Crimes Unit and will visit one day every other week to assist victims of sexual assault and human trafficking.
State Attorney Ayala presents a Proclamation on the first day of Domestic Violence Awareness Month.
STATE ATTORNEY AYALA LAUNCHES A CONVICTION INTEGRITY UNIT TO UPHOLD THE RULE OF LAW AND PREVENT WRONGFUL CONVICTIONS
This office wants to make certain that we are being diligent about investigating and pursing claims of innocence. Research shows that wrongful convictions do exist in Florida.
ORLANDO, September 6, 2018 – In line with State Attorney Aramis Ayala’s public commitment to ensure the accuracy, legitimacy and integrity of all criminal convictions secured by this office, State Attorney Ayala has established a Conviction Integrity Unit (CIU) to investigate and review claims of innocence by individuals who are convicted of crimes in the Ninth Judicial Circuit.
According to the National Registry of Exonerations, there have been 2,220 exonerations nationwide since 1989; 70 of those exonerations were in Florida. In 2017, there were 139 exonerations nationwide, with one in Florida. Conviction integrity units contributed to 42 exonerations nationwide in 2017, and innocence organizations contributed to 54. Although there were 33 conviction integrity units established throughout the country in 2017, none of them existed in Florida. However, last year’s discovery of problems with Orange County Sheriff’s Office latent print examiner made a national issue a local concern.
According to The Orange County Sheriff’s Office, a latent print examiner employee made clerical errors, failed to identify prints of value and mislabeled print cards. “These are serious problems which could potentially result in a wrongful conviction,” said State Attorney Ayala. In fact, the State Attorney’s Office listed the fingerprint examiner as an expert fingerprint witness on over 2,500 cases dating back to 2001. The State Attorney’s Office immediately notified the Public Defender’s Office, Criminal Defense Bar and the attorneys of record for each defendant regarding this issue. We have accepted responsibility and are now are now reviewing cases where the latent print examiner was used.
“It is my sincere hope and belief that there have not been wrongful convictions,” said State Attorney Ayala. “However, numbers show wrongful convictions do exist and I am going to do everything in my power to ensure that claims of innocence are thoroughly investigated in this circuit. This is particularly important since my office has been notified about performance issues regarding an Orange County Sheriff’s Office latent print examiner.”
The State Attorney’s Conviction Integrity Unit (CIU) is a separate division of the prosecutorial office that works to prevent, identify, and remedy false convictions. It is well established that there are several causes of wrongful conviction. While the State Attorney’s Office cannot control all of these contributing factors, we are in the best position to assess and address the potential for these factors to lead to wrongful convictions. Investigations may not be limited to the issues raised by the application, and all relevant issues uncovered in the course of the investigation may be considered, even if such issues were not raised during the initial prosecution of the defendant.
Guidelines:
The following guidelines govern acceptance for review of any Application:
The Process:
This office not only reviews cases for innocence but will also develop education and training that will address the key causes of wrongful conviction. This training is intended to inform the manner in which cases are prosecuted, which will contribute to the overall improvement in the administration of justice in Central Florida.
Starting September 6, 2018, conviction integrity review applications will be available for retrieval from the website or the State Attorney’s Office. Applicants will submit the application to our office via U.S. mail or electronic mail. Applications will be accepted in any language.
According to the National Registry of Exonerations, there have been 2,220 exonerations nationwide since 1989; 70 of those exonerations were in Florida. In 2017, there were 139 exonerations nationwide, with one in Florida. Conviction integrity units contributed to 42 exonerations nationwide in 2017, and innocence organizations contributed to 54. Although there were 33 conviction integrity units established throughout the country in 2017, none of them existed in Florida. However, last year’s discovery of problems with Orange County Sheriff’s Office latent print examiner made a national issue a local concern.
According to The Orange County Sheriff’s Office, a latent print examiner employee made clerical errors, failed to identify prints of value and mislabeled print cards. “These are serious problems which could potentially result in a wrongful conviction,” said State Attorney Ayala. In fact, the State Attorney’s Office listed the fingerprint examiner as an expert fingerprint witness on over 2,500 cases dating back to 2001. The State Attorney’s Office immediately notified the Public Defender’s Office, Criminal Defense Bar and the attorneys of record for each defendant regarding this issue. We have accepted responsibility and are now are now reviewing cases where the latent print examiner was used.
“It is my sincere hope and belief that there have not been wrongful convictions,” said State Attorney Ayala. “However, numbers show wrongful convictions do exist and I am going to do everything in my power to ensure that claims of innocence are thoroughly investigated in this circuit. This is particularly important since my office has been notified about performance issues regarding an Orange County Sheriff’s Office latent print examiner.”
The State Attorney’s Conviction Integrity Unit (CIU) is a separate division of the prosecutorial office that works to prevent, identify, and remedy false convictions. It is well established that there are several causes of wrongful conviction. While the State Attorney’s Office cannot control all of these contributing factors, we are in the best position to assess and address the potential for these factors to lead to wrongful convictions. Investigations may not be limited to the issues raised by the application, and all relevant issues uncovered in the course of the investigation may be considered, even if such issues were not raised during the initial prosecution of the defendant.
Guidelines:
The following guidelines govern acceptance for review of any Application:
- The conviction is in the Ninth Judicial Circuit (Orange or Osceola counties).
- There is a plausible claim of innocence (i.e. the defendant did not commit or participate in the crime charged or there is a conviction where the investigation reveals facts, circumstances and/or events which so grossly corrupted the fact-finding process as to substantially deny the defendant a fair adjudication of his/her guilt or innocence at trial, or, if the conviction was obtained by a guilty plea, prevented the defendant from making a knowing decision to plead guilty).
- The claim is capable of being investigated and resolved, and if substantiated, would support the innocence of the defendant.
- There is no pending litigation.
- Applications for review of Serious Felony Convictions where the defendant is incarcerated, will take precedence over all other applications.
- The Conviction Integrity and Accountability Unit ("CIA") does not review lawful sentences, procedural matters or re-litigate matters that are unrelated to innocence and that have been lawfully decided by the court.
The Process:
- Application
- Intake/Application Review
- Case Acceptance/Denial Decision
- Accepted Case Investigation
- Recommendation to State Attorney
- Final Disposition by State Attorney
This office not only reviews cases for innocence but will also develop education and training that will address the key causes of wrongful conviction. This training is intended to inform the manner in which cases are prosecuted, which will contribute to the overall improvement in the administration of justice in Central Florida.
Starting September 6, 2018, conviction integrity review applications will be available for retrieval from the website or the State Attorney’s Office. Applicants will submit the application to our office via U.S. mail or electronic mail. Applications will be accepted in any language.
STATE ATTORNEY AYALA INSTITUTES BAIL REFORM POLICY TO PROTECT PUBLIC SAFETY AND END THE ‘POVERTY PENALTY’
Policy Effectuates Florida Law Requiring Individuals Charged with Non-Dangerous Offenses and Posing No Public Safety Risk Be Released Without Having to Pay Money
ORLANDO, May 16, 2018 – State Attorney Aramis Ayala announced today that her administration will begin recommending non monetary release for people who do not present a threat of violence or risk of flight. If an individual is not a threat to the community, and there is no indication he or she will not appear at future court dates, then bail is not only unnecessary, it is contrary to Florida law. Under the new policy, prosecutors in the Ninth Judicial Circuit Court will no longer request monetary bond for people charged with low-level crimes such as possession of marijuana or driving with a suspended license. The new policy is in keeping with the letter and spirit of Florida law, which explicitly calls for “a presumption in favor of release on non monetary conditions” for non-dangerous offenses.
“Economic bias has no place in our justice system,” said State Attorney Ayala. “By primarily relying on money, our bail system has created a poverty penalty that unjustifiably discriminates against those without resources to pay. Our focus must be on public safety, not on wealth.”
The numbers of the people effected by current practices are substantial. In Orange County, over 75 percent of people held in the county jail are awaiting trial, many of whom are in custody because they cannot afford to post bail. In January 2018, Orange County held an average of 2,360 people each day, of which 1806 (76%) were awaiting trial.
Research shows that pretrial detention can have a devastating impact on employment, housing and health. The inability to post monetary bail also may induce innocent people to plead guilty, simply so they can be released from jail and return home. Incarcerating individuals who are awaiting trial is extremely costly to taxpayers, and under the current custom, people of color have borne the heaviest burden due to historical discrimination, contemporary bias, and unequal resources. Our current bail practices unfairly and unjustifiably base freedom not on the basis of concern for public safety or flight risk, but on ability to pay. Too often people are detained pre-trial simply because they cannot afford to purchase their freedom.
“There is a national movement toward non monetary bond,” says Fred Lauten, Chief Judge 9th Judicial Circuit. “One of the issues with monetary release is it benefits the wealthy while it is an impediment to people with lesser means.”
Perversely, the system’s current reliance on monetary bail allows people accused of dangerous offenses to purchase their way back into freedom, while poor people accused of lower level offenses who pose no safety risk sit in jail.
This office’s review and analysis of bail practices revealed that in many counties throughout the State, including Orange and Osceola, monetary bail is routinely imposed in almost every case, for every type of offense, and with no affirmative showing or finding of individualized public safety concerns. That must change.
Therefore, starting June 1, 2018, State Attorney Ayala’s office will be fully committed to following the letter and spirit of the law regarding pretrial release.
Recognizance Release
When Orange and Osceola County residents are arrested on the following crimes, prosecutors will advocate for those individuals to be released on their own recognizance:
*ROR shall not be advocated for any person charged with any crime associated with domestic violence, stalking, firearms, and dangerous felonies (as defined by Florida Statute 903.046(1)).
Pretrial Release
Pretrial release provides nonmonetary release conditions and supervision to people charged with a crime. It eliminates unreasonable financial burden.
When a person is arrested on a criminal charge not listed above, and that crime is not identified by Florida Statute as a dangerous crime, the State will advocate for supervision by Pretrial Services, without any monetary bail. In each case, given the circumstances of the offense and the record of the person charged, the State will suggest to the court any conditions of pre-trial release believed to be necessary to protect public safety, the integrity of the judicial process, and to ensure the person’sappearance in court.
*Nonmonetary Pretrial Release shall not be advocated for any person charged with any crime associated with domestic violence, stalking, firearms, and dangerous felonies (as defined by Florida Statute).
Special Considerations
When the following factors are made known, they will be properly considered and may result in the State advocating for more stringent release conditions:
Through these changes and this approach, we can fully implement Florida law related to bail and further promote fairness, accountability, and safety.
“Economic bias has no place in our justice system,” said State Attorney Ayala. “By primarily relying on money, our bail system has created a poverty penalty that unjustifiably discriminates against those without resources to pay. Our focus must be on public safety, not on wealth.”
The numbers of the people effected by current practices are substantial. In Orange County, over 75 percent of people held in the county jail are awaiting trial, many of whom are in custody because they cannot afford to post bail. In January 2018, Orange County held an average of 2,360 people each day, of which 1806 (76%) were awaiting trial.
Research shows that pretrial detention can have a devastating impact on employment, housing and health. The inability to post monetary bail also may induce innocent people to plead guilty, simply so they can be released from jail and return home. Incarcerating individuals who are awaiting trial is extremely costly to taxpayers, and under the current custom, people of color have borne the heaviest burden due to historical discrimination, contemporary bias, and unequal resources. Our current bail practices unfairly and unjustifiably base freedom not on the basis of concern for public safety or flight risk, but on ability to pay. Too often people are detained pre-trial simply because they cannot afford to purchase their freedom.
“There is a national movement toward non monetary bond,” says Fred Lauten, Chief Judge 9th Judicial Circuit. “One of the issues with monetary release is it benefits the wealthy while it is an impediment to people with lesser means.”
Perversely, the system’s current reliance on monetary bail allows people accused of dangerous offenses to purchase their way back into freedom, while poor people accused of lower level offenses who pose no safety risk sit in jail.
This office’s review and analysis of bail practices revealed that in many counties throughout the State, including Orange and Osceola, monetary bail is routinely imposed in almost every case, for every type of offense, and with no affirmative showing or finding of individualized public safety concerns. That must change.
Therefore, starting June 1, 2018, State Attorney Ayala’s office will be fully committed to following the letter and spirit of the law regarding pretrial release.
Recognizance Release
When Orange and Osceola County residents are arrested on the following crimes, prosecutors will advocate for those individuals to be released on their own recognizance:
- Possession of cannabis less than 20 grams
- Possession of drug paraphernalia
- Driving while license suspended
- No valid Driver’s License
- Attaching Tag Not Assigned
- No vehicle registration
- Disorderly intoxication/conduct
- Panhandling
- Loitering
*ROR shall not be advocated for any person charged with any crime associated with domestic violence, stalking, firearms, and dangerous felonies (as defined by Florida Statute 903.046(1)).
Pretrial Release
Pretrial release provides nonmonetary release conditions and supervision to people charged with a crime. It eliminates unreasonable financial burden.
When a person is arrested on a criminal charge not listed above, and that crime is not identified by Florida Statute as a dangerous crime, the State will advocate for supervision by Pretrial Services, without any monetary bail. In each case, given the circumstances of the offense and the record of the person charged, the State will suggest to the court any conditions of pre-trial release believed to be necessary to protect public safety, the integrity of the judicial process, and to ensure the person’sappearance in court.
*Nonmonetary Pretrial Release shall not be advocated for any person charged with any crime associated with domestic violence, stalking, firearms, and dangerous felonies (as defined by Florida Statute).
Special Considerations
When the following factors are made known, they will be properly considered and may result in the State advocating for more stringent release conditions:
- A record of willful or other relevant failures to appear in court;
- A relevant record of prior violations of release;
- A past conviction involving the use/threat of physical violence;
- The existence of other unresolved criminal matters;
- The existence of public or confidential information or other circumstances that suggest nonmonetary release would be inappropriate.
Through these changes and this approach, we can fully implement Florida law related to bail and further promote fairness, accountability, and safety.