CORRUPTION INSIDE FLORIDA’S 20TH JUDICIAL CIRCUIT LEE COUNTY FLORIDA CASE #16-CF-000275

As I sit here rotting away in this jail cell in Lee County, Florida, I remain hopeful that God will answer my prayers and send one of His angels in the form of an honest attorney or a news reporter who believes in justice. I have been locked up for nearly 3 years on bogus charges and I have still not yet gone to trial. My excessive bail ($1.5 million) violates the United States and Florida constitutions, but nobody seems to care. The corruption in the 20th Circuit and from law enforcement throughout Florida and around the country is unimaginable. They are doing everything possible to keep me stuck in jail without the resources to fight my case. They know that if I were on the outside their crimes would be exposed to the world and I would have access to everything I need to win at trial. On the surface it seems that my life has been ruined and I’ve lost everything. My wife has left me, my professional career is over, and I’ve been separated from my family, but knowing that God has a special purpose for my life keeps me going. I also have wonderful family and friends who have stood by my side and shown me so much love. That, aside from God’s grace, has been my greatest gift. 2It seems that I’ve told my story a thousand times and it still doesn’t seem real. I have been attacked by the most vicious group of friends who will lie, cheat and steal to get me convicted of a fake crime they invented. They are judges, state attorneys, federal prosecutors, FBI agents and law enforcement. They are all connected and abusing their power to cause me great harm. Even the defense attorney being forced on me by the judge is one of them. He used to work for the state attorney prosecuting the case. No wonder he failed to defend me and threatened to work against me. I can’t even find a local defense attorney willing to assist because they are fearful of going up against the judges who are attacking me. They are the same judges presiding over the court. The very judges they make deals with on a daily basis. It is just me up against a powerful system where my enemies are in control and can make or change the rules as they please. The conflict of interest and corruption seems so obvious to anyone who hears my story, but that doesn’t bring justice in a court controlled by the alleged victims and their judge friends. With a personal vendetta and an ax to grind, my head is on the chopping block. There is no regard for the law, the tuth, or even allowing me due process and a fair trial. The good ole boy network is alive and well in Lee County and apparently throughout Florida. My nightmare began on June 28, 2016 when I was unlawfully arrested in my apartment in Goshen, New York. My residence was unlawfully searched without a warrant. I say the arrest was unlawful because based on my research and understanding of case law, without special circumstances or permission, the police may not enter a home without a search warrant. This includes when making a felony arrest. Regardless, at 6:00 a.m. that morning, the Lee County State Attorney’s Office (20th Circuit), FBI New York Hudson Valley, and the Village of Goshen Police Department barged into my home while my wife and I were asleep. I was arrested on a Florida warrant filed a day earlier (6-27-16) that I was obviously unaware of. I was removed from my home and taken to the Village of Goshen Police Department for booking. My wife was also arrested but later released without being booked, as confirmed by Robert Nichols, investigator for Florida’s 20th Judicial Circuit. This was apparently a tactic used to scare her into a confession that never occurred. My wife was grilled for 80 minutes by Robert Nichols and FBI agent Robert Foley of Fort Myers, and she was never advised of her 5th amendment Miranda rights. Without any jurisdiction in New York, these two men from Fort Myers, Florida controlled my arrest and led the warrantless search of my home. Robert Nichols even read me my 5th amendment rights inside the Village of Goshen Police Station, which I found odd since he was outside of his jurisdiction. This is all documented on video recordings and written statements, but it doesn’t make a difference because the trial judge and the alleged victims control the court and they are all friends. They will determine what the jury will or will not see and hear. The Village of Goshen Police Department and State Attorney for the 20th Circuit (Lee County) have refused to provide a copy of the arrest report, even after completing a Freedom of Information Act request. Nearly 3 years after my arrest and I still have not seen an arrest report. The common question most people ask me is if I have federal charges. The heavy FBI involvement automatically give people the impression of federal charges but that is not the case at all. So, what does the FBI have to do with this? Well, it is nothing more than friends doing favors for friends, and that all leads to Robert Foley. Believe me, I wish my case was federal because I might have a chance at fair treatment and adequate assistance of counsel, instead of being trapped by the inner corruption of the 20th Circuit. Back to Robert Foley, who is he? At the time of my arrest Foley was an FBI agent in Fort Myers, Florida, and a friend who worked closely with the State Attorney’s Office in the 20th Circuit for Lee County. In fact, he worked so closely with the state attorney’s office that about 2 months after my arrest he retired from the FBI and became a prosecutor for that very office. Today he is a criminal defense attorney for the Fort Myers law firm Aiken, O’Halloran and Foley. He’s kept busy while I’ve been stuck in jail. His website bio boasts of his ability to “engineer” cases to get convictions, and now as a defense attorney he will “reverse engineer” a case to help his defense clients. In assisting his future employer with a bogus investigation, Foley used many FBI resources acquired during his 20-year career to create this dog and pony show and give the illusion of a crime. This is what he calls “engineering” a case. Prosecutor, James D. Miller, likes to call this a “joint investigation” between the State of Florida and the FBI, but what federal charges are being investigated? Is it normal for the FBI to just jump in and work state cases? What’s in it for them? Why would they spend the time, money and resources without a federal indictment? This is no more than a smokescreen, with friends doing favors for friends. And this is just the start of it. In addition to calling in favors to the FBI in New York to have them participate in the arrest and unlawful search, Foley uses the services of other FBI friends from the offices where he was previously employed. This includes Michigan and Washington, D.C. The prosecutor, James Miller, has used this phony joint investigation to slander my name, labeling me as a “domestic terrorist” and so-called “sovereign citizen”. There are no actual charges supporting these claims. During a recorded video interview with my wife between 6:54 a.m. and 8:21 a.m. on June 28, 2016, Robert Foley and Robert Nichols both acknowledge that the FBI was executing a search warrant that didn’t yet exist, and confirm that they already possessed property seized from my residence. Nichols admits that the search was under way prior to 7:04 a.m., but the FBI did not have a signed search warrant until more than 4 hours later at 11:12 a.m. The local New York authorities tried to cover up the unlawful search by having Judge Robert Freehill sign a search warrant reflecting a time of 6:00 a.m. to coincide with the entry. This means the judge would have had to have been awake and available prior to that time to sign it. (apparently judges in New York begin work at the court at 5:00 a.m.) Plus, the FBI paperwork confirms that the search warrant was not in their possession until after 11:00 a.m. Orange County investigator Gary Cooper provided an unsigned affidavit, attempting to support the warrant signed after the fact. A sworn written affidavit signed by Robert Nichols further confirms that no search warrant existed until after 11:00 a.m., many hours after the search was executed. As a result of the violation of my rights in New York, I filed a civil case in the Southern District of New York (Case# 16-CV06916) against the official from the 20th Circuit in Lee County, the FBI and the Village of Goshen. This only pissed off my enemies in the 20th Circuit even more because they don’t like it when you attempt to defend your rights. The nerve of me! I guess I’m just expected to sit back and let them do whatever they want to me. Before I even arrived in Florida from my extradition from New York the state attorney’s office (20th Circuit) was already trashing my name with false news stories. The Florida Office of Financial Regulation (OFR) published a report to the Florida Governor’s Office saying I was charged with forging real estate deeds in Palm Beach, Lee and Collier counties. This was certainly news to me since I was not charged with forgery and have never had any involvement with real estate in Palm Beach or Collier counties. Then I learned who used to work for the OFR…Robert Nichols! Pretty interesting right? More favors amongst friends. Who cares if they publish a few lies about me to damage my character. Soon after that, Sabrina Lolo at WINK NEWS published a fake news story saying the same thing. Except Sabrina added that I have a history of fraud and was arrested by the Lee County Sheriff’s Office. This was more news to me since I was not arrested by Lee County Sheriff’s Office and the only time I was convicted of anything was in 1991 as a teenager when I was driving while my ability was impaired. (a lesser charge than a DWI) Then I learned that WINK was paid by the state attorney’s office to run news stories saying whatever is dictated to them by their friends at the 20th Circuit. If you don’t believe it, just look at a case docket and you will see invoices from WINK listed. So, we’ve have the 20th Circuit investigator, Robert Nichols, publishing false reports through his ex-employer; former FBI agent and former 20th Circuit prosecutor, Robert Foley, controlling a bogus non-federal investigation using his FBI resources; and the state attorney’ s office (20th Circuit) paying the local news media to run false news stories. Is there anything else? Of course there is. The original prosecutor for my case is Michael J. Brown, and guess what his new job title is? Judge! Yep, Judge Michael J. Brown left the State Attorney’s Office for the 20th Circuit to become a judge for the 20th Circuit in Collier County. Isn’t that convenient? But it doesn’t stop there. The prosecution is also using another federal witness, US Attorney Jesus Casas, a federal prosecutor from the United States District Court Middle District for Fort Myers, Florida. What does this have to do with my case? Well nothing. But it certainly helps when they have federal officials and FBI agents saying bad things about me to influence a jury. Can you guess where US Attorney Jesus Casas was previously employed? You got it…the State Attorney’s Office for the 20th Circuit! Another favor from an old friend. Can you smell the corruption yet? Let’s review this again. James D. Miller of the State Attorney’s Office for the 20th Circuit is the prosecutor in my case. The former prosecutor, Michael Brown, is now a judge and direct colleague of the alleged victims, who are also judges in the same circuit. Robert Nichols is the lead investigator from the 20th Circuit who used his previous employer to run false reports to slander me. Co-investigator, Robert Foley, is a former FBI agent and former prosecutor for the 20th Circuit, who used his FBI resource throughout the country to “engineer” a case. State’s witness, US Attorney Jesus Casas is a federal prosecutor and former prosecutor for the 20th Circuit. Sebouh Gourjian, a former 20th Circuit prosecutor, was assigned as my defense attorney despite numerous requests to have him removed for our personal differences. Trial judges Margaret Steinbeck and George Richards are colleagues of the alleged victims and have shown an obvious bias against me in favor of the State. Alleged victim Linda Doggett is the clerk of court for the very court the case is being tried in, and judges Joseph Fuller and John Duryea are presiding judges in that court as well. Notice how all roads lead back to the state attorney and judges for the 20th Judicial Circuit? Am I the only one who thinks this smells funny? THE ACTUAL CHARGES Now that I’ve shared all of that with you. let’s talk about the actual charges. The State has piled 19 bogus charges against me and they are threatening me with a life sentence. The State lacks jurisdiction over these false accusations, but they have the power to do anything they want and interpret their own laws however they please to suit their own agenda. The challenge for me in this case is they are using a newer statute and little to no case law exists. Regardless, they are desperately reaching, abusing their power and violating the Florida and United States constitutions. My name does not appear on a single document I am accused of filing. To make matters worse, the State does not have jurisdiction over these documents. I am charged with 13 counts of simulating the legal process and 6 counts of obstruction of justice through the use of a simulated legal process. In a nutshell, the State is claiming that I am charged with creating a fake court system and filing liens under the Uniform Commercial Code (UCC). At least this is what prosecutor James Miller has alleged many times in court and in writing. What is interesting is that this is not what the actual charges indicate, and there is no mention of charges involving the UCC. As for this alleged “fake court system”, Miller is referring to the International Court of Commerce (ICC), a private organization supported by the Federal Arbitration Act to settle commercial disputes. The ICC is also supported by the constitutionally-protected unlimited right to contract, which is held constitutional by several supreme court rulings, including Hale v Hinkel and Southland Corp. v Keating. Not only did I not create the ICC, it is a moot point because the State has no jurisdiction over this private arbitration venue based out of Washington, D.C. This is confirmed by the legal opinions of Naples, Florida attorney, Joseph Kohn, and Lee County attorney, Steven Carta, an alleged victim. But again, I am not actually charged with “creating a fake court system”, it’s just something the State likes to blurt out to make me look bad. The prosecutor is calling the ICC fraudulent just because he can, and because he has the power to file charges against anyone he wants to. According to the charging statute, in order for something to be a legal process it must be a document or order issued by a court or filed or recorded with an official court of this state or the United States for the purpose of exercising jurisdiction or representing a claim against a person or property. Multiple Florida attorneys provided legal opinions confirming that the ICC is not a court of this state or the United States, and therefore not within Florida’s jurisdiction. In addition, the ICC does not have the ability to exercise jurisdiction in a public court which is required for it to fit the description of legal process. Now, I did not file the documents in question anyway, and the State is aware of this. They are trying to say I somehow caused them to be filed by other people, which is ridiculous. I could argue that point (and I have plenty of documentation to support this argument), but I’d prefer not to waste my time disputing something they don’t have jurisdiction over based on their own statute. They are claiming their authority and hoping to confuse a jury into a wrongful conviction. I am also charged with 8 counts of filing federal arrest warrants that were signed by Joel Soucy in the presence of a notary in Gloucester, Massachusetts. I’ve never met Mr. Soucy in person and have not been to Massachusetts since 2005. Soucy filed these proposed warrants into a Lee County civil court case with number 14-CA-00315. Not only am I being blamed for something else I have not done, I can’t figure out how the State is claiming jurisdiction over federal documents. I guess because the federal documents were filed as exhibits into a case in the 20th Circuit they think that gives them jurisdiction, but that still does not satisfy the statute or the definition of legal process. Those documents, in order to be considered a legal process, must be able to exercise jurisdiction in the state court, which they cannot. Not only do they fail to have the ability to exercise jurisdiction because they are federal docuents, as evidence exhibits they don’t have the ability to excercise jurisdiction or represent a claim. They can only act as evidence to the documents they are filed with, and I am not charged with filing any of those documents. Most attorneys won’t touch my case because at first glance it looks complex and confusing. That’s what the State wants them to think with their nonsense paperwork and fabricated theories. The fact is, it is not very complicated at all if you take the time to cut through the garbage and see that they have no case. They have no authority or jurisdiction and have created a smokescreen to make you think otherwise. When the smoke clears you can see that this was nothing but a hoax. I have tons of evidence proving that I am not responsible for filing any of the documents they have charged me with, including handwritten confessions from Joel Soucy. To entertain that argument has me playing their game. I’ll likely prove that anyway just to make a point, but it shouldn’t even be necessary when the State invented an alleged crime without having true jurisdiction. What it all comes down to is that Joel Soucy pissed off the judges and clerk of court in the 20th Circuit and has made me the scapegoat for what he calls his “free pass out” of jail. Joel felt that he was the victim of mortgage fraud and that the court system conspired with the banks to foreclose on his Fort Myers properties. He exercised his constitutionally-protected unlimited right to contract and right to petition the government for a redress of grievances because he believed they wronged him. They ignored his arbitration process because they felt they were above the law, and viciously retaliated with their own criminal system instead. Who is really simulating the legal process here? On June 28, 2016, Robert Nichols and Robert Foley promised my wife that I would sit in jail for years awaiting trial and they made sure that happened. They encouraged her to leave me and they got their wish with that as well. None of that matters because I worship an almighty God who makes everything right. He will shine a light through this darkness and reveal His purpose for my life. For more information and details about my case, or to review the evidence, please contact me at randy@randyrosado.com (my email is being managed for me while I’m in jail) or by locating me on SmartJailMail.com and communicating with me directly. Thank you for your support.

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