Florida Office of Executive Clemency does an About Face

June 27, 2014
By

Updated June 28, 2014 @ 1:50PM ET

The below letter was received from the Coordinator of the Florida Office of Executive Clemency dated June 26, 2014. Click on the image below to open in its full size.

Florida Office of Executive Clemency letter dated June 26, 2014 received June 28, 2014.

Florida Office of Executive Clemency letter dated June 26, 2014 received June 28, 2014.

Original report below:

We reported on June 23, 2014 that the Florida Office of Executive Clemency notified this writer via letter dated June 17, 2014 they were closing his 2009 filed application for restoration of his civil rights. In the letter OEC Coordinator Julia McCall states that this writer is not eligible for the restoration of his civil rights and would not be eligible to apply until April 3, 2019. After contacting the Office of Executive Clemency by phone this writer was informed the action on his application was based on

  • An erroneous investigator’s report that this writer only completed a term of Federal Probation from the District of CT in October 2012

When Florida officials were informed the above was simply incorrect information Ryan with the Office of Executive Clemency informed this writer

“The Colorado warrant which was just recently removed and dismissed was only done so on March 20, 2014 and you would be required under the rules as amended on March 9, 2011 to wait Five (5) years from that date.”

Our original report “Innocent until Proven Guilty?,” Not According to Florida Board of Executive Clemency  raised questions about the State of Florida in effect imposing punitive measures against its citizens based on mere allegations when the FL and US Constitution say otherwise. In addition the report brought to light the Boards denying applications without providing the applicant with the basis for the denial unless the applicant is like this writer and calls and insist on being provided the reasons for the denial. How many citizens in the State of Florida have been denied restoration of their civil rights based on an Investigators use of incorrect and erroneous information? How many citizens of the State of Florida have been punished by the denying of an application for the restoration of their civil rights based on nothing more than an accusation? An accusation  Attorney General Pam Bondi, Commissioner of Agriculture & Consumer Services Adam H. Putnam, Governor Rick Scott, and Chief Financial Officer Jeff Atwater consider to be evidence of a criminal act despite the applicant never being convicted of anything alleged in the accusation? On Thursday June 26, 2014 this writer received the following email from the Florida Parole Commission Public Affairs Office (Click on the image below to open in full size)

June 26, 2014 email from Molly Kellogg-Schmauch FPC Director of Communications

June 26, 2014 email from Molly Kellogg-Schmauch FPC Director of Communications

In addition to being informed that the October 5, 2009 application was in fact reinstated, Ms. Schmauch informed us that Clemency records are confidential and as such our records request could not be granted. Florida has the Sunshine Law and any and all criminal records are in fact public record so we will continue to seek the Applications which have been filed and denied by the Florida Board of Executive Clemency in our investigation to determine how many were denied based on erroneous information or based on nothing more than a mere allegation. The mere fact that if this writer had not contacted the Office of Executive Clemency insisting on being provided the reasons and information used to make their decision who knows how many others have been and could be denied based on the use of erroneous information unchecked by a State Government agency?

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