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. Include the case number and name of the defendant when possible.
For all other requests (i.e. statements, questions, or interview requests) please email our Public Information Officer, Eryka Washington, at ewashington@sao9.org, or contact by phone at (407) 836-2497.
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. Include the case number and name of the defendant when possible.
For all other requests (i.e. statements, questions, or interview requests) please email our Public Information Officer, Eryka Washington, at ewashington@sao9.org, or contact by phone at (407) 836-2497.
All non-media requests for public records, please visit our Public Records Request Page.
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.