INDEX
Letters related to my 3rd request for Governor Jeb Bush to sign my death warrant
Judge Susan Schaeffer (2)
Bjorn E. Brunvard P.A. (2)
Judge Steven D Merryday
Representative Bruce Kyle
Florida Supreme Court
Florida Innocence Initiative
Mr Kent Spuhler (Florida Legal Services Inc)
Douglas J Tjapkes ('Innocent')
WAIVERS: 1. of court appointed registry attorney, 2. of DNA issue
Order granting further DND testing
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA IN AND FOR PINELLAS COUNTY CRIMINAL DIVISION
STATE OF FLORIDA
V Ref: CRC82-08683CFANO-1 UCN:521982CF008683XXXXNO
MILO A. ROSE
Spn: 00201924, Defendant
WAIVER OF COURT APPOINTED REGISTRY ATTORNEY
Due to the failure of this Court to intercede on my behalf in accordance to my April 11, 2005 correspondence expressing my concerns as to the ineffective representation being provided me by Court appointed registry attorney Bjorn Brunvard. I now knowingly, competently and intelligently assert in my own best interest, and in the best interest of the law, my Sixth Amendment right to self-representation as I formally waive representation of Court appointed registry attorney Bjorn Brunvard, due to his repeated failure to act as a diligent advocate. Durocher v. Singletary, 623 30 2d 482 ( Fla. 1993)
Competent defendants have the constitutional rights to refuse professional counsel and to represent themselves, or not if they so choose. Faretta v. California , 422 U.S. 806, 95 S.C.T. 2525, 45 L.Ed.2d 562 (1975) Hamblen v. State, 527 SO 2d 800 ( Fla. 1988). If the right to representation can be waived at the trial, we see no reason why the statutory right to collateral counsel cannot also be waived. Brown v. Wainwright, 665 F.2d 607 (1982). To thrust upon the accused against his considered wish,….. violates the logic of the Sixth Amendment. In such a case, counsel is not an assistant, but a master: and a right to make a defense is stripped of the personal character upon which the Amendment insists….. An unwanted counsel “represents” the defendant only through a tenuous and unacceptable legal fiction unless the accused acquiesced in such representation, the defense presented is not the defense guaranteed him by the constitution for, in a very real sense, it is not his defense. Faretta v. California , 422 U.S. at 820-21, 95 S. CT at 2533-34 (emphasis in
original).
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. mail, First class delivery. The 7 day of June, 2005. To:
Bjorn Brunvard Esq 615 Turner Street, Clearwater, Florida 33756-5314.
Carol M. Dittmer. Senior Assistant Attorney General, Concourse Centre 4, 3507 East Frontage Road, Suite 200 , Tampa , Florida 33607 .
------------------------------
Milo Rose, Pro Se
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA IN AND FOR PINELLAS COUNTY CRIMINAL DIVISION
STATE OF FLORIDA
V Ref: CRC82-08683CFANO-1 UCN:521982CF008683XXXXNO
MILO A. ROSE
Spn: 00201924, Defendant
WAIVER OF DNA ISSUE
Now comes Pro Se Defendant Milo A. Rose, asserting in his own best interest his Sixth Amendment right to self representation in order to waive the DNA issue pending before this Court pursuant to Section 925.11 Fla. Stats.
Defendant feels prejudiced by the ineffective representation provided to him by court appointed registry attorney Bjorn Brunvard, due to his failure to provide Defendant with copies of all test results performed from 1987 to present, have expert evaluations done and to seek depositions from the two former prosecuting attorneys that tried this case.
Therefore Defendant feels to proceed with DNA issue invites further hardship upon Defendant to resolve this case in an expeditious manner.
Defendant now prays in order to protect the integrity of the law this Court will honour his right to waive the DNA issue.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. mail, First class delivery. The 7 day of June, 2005. To:
Bjorn Brunvard Esq 615 Turner Street, Clearwater, Florida 33756-5314.
Carol M. Dittmer. Senior Assistant Attorney General, Concourse Centre 4, 3507 East Frontage Road, Suite 200 , Tampa , Florida 33607 .
------------------------------
Milo Rose, Pro Se
Sixth Circuit Court Letter of acknowledgement (jpeg)
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA IN AND FOR PINELLAS COUNTY CRIMINAL DIVISION
STATE OF FLORIDA
V Ref: CRC82-08683CFANO-1 UCN:521982CF008683XXXXNO
MILO A. ROSE
Spn: 00201924, Defendant
ORDER GRANTING FURTHER DNA TESTING
THIS CASE came before this Court on March 25, 2003 , on Defendant's Motion for DNA testing pursuant to Section 925.11 Fla. Stats. On May 8, 2003 , the Defendant was granted DNA testing on Defendant's jeans and black tee shirt, from trial evidence, and the results of those tests are now known. It is noted that there exists no DNA samples known to belong to the victim.
On September 4, 2004 , this court filed an ORDER REGARDING DNA TESTING RESULTS in which this Court ordered the Defendant to file an appropriate motion disputing the test results. The Defendant responded with a timely Motion noting that the FDLE findings included an unknown DNA stain on the Defendant's jeans. The Defendant maintains that the unknown DNA stain on his jeans does not belong to the victim. The Defendant wishes to have another piece of evidence tested for the presence of DNA and compared with the DNA found in the jeans previously tested.
The Defendant alleges that there is another piece of evidence – a piece of concrete block – that he alleges is “presumably is covered with the victim's blood” (referring to State's trial Exhibit ~2). The Defendant requests this Court order the block be submitted to FDLE to be tested for DNA and the results compared to the unknown DNA stain on Defendant's jeans.
The State has not filed a reply to the Defendant's Response.
After considering the motion, court file, record and applicable law, this Court finds:
The clerk's custody of this evidence is reliable proof that the evidence has not been materially altered. The DNA testing of this physical evidence would be admissible at trial.
The Defendant maintains his innocence will somehow be proven by these tests: that if the blood of the victim is not on his clothing it somehow refutes the state's case. However, the state's case was based on four eyewitnesses observing the Defendant commit the murder and two other witnesses to whom the Defendant made statements acknowledging his guilt. This court does not find that there is a reasonable probability that the death-sentenced Defendant would have been acquitted or would have received a lesser sentence if the DNA evidence had been admitted at trial. Nonetheless, as in the first Order granting DNA testing in this matter, in an abundance of caution, it is ordered that this evidence be DNA tested at this time.
Accordingly it is ORDERED AND ADJUDGED that:
1. The clerk of the court for Pinellas County shall release the State's trial exhibit #2, (a piece of concrete block) to the arresting agency in this case, the Clearwater Police Department, by personal had delivery or pickup by that agency.
2. The Clearwater Police Department shall personally pick up this evidence from the clerk of the court and deliver the released evidence to the FDLE testing lab in Tampa , FL.
3. The FDLE lab in Tampa shall conduct the DNA testing as provided in Sec. 943.3251, Fla , Stats., as specified in Sec. 925.11(h), Fla. Stats. The FDLE lab is asked specifically to compare the DNA from its most recent tests in this matter with any DNA found on the object submitted for this test. See: FDLE Number 20030305032; Results of May 13, 2004 and August 3, 2004 .
4. On completion of the testing, which shall be performed as expeditiously as practicable, FDLE shall call the Clearwater Police Department for the evidence to be picked up and returned by that law enforcement agency to the Pinellas County Clerk of Court for return to its evidence retention functions.
5. Upon completion of DNA testing, FDLE shall report its findings to this court; and to counsel of record for the state attorney, attorney general and the defendant.
DONE AND ORDERED in St. Petersburg , Pinellas County , Florida , this
________ day of March, 2005.
_______________________________
Susan F. Schaeffer, Senior Circuit Judge
CC:
C. Marie King, Esq
Assistant State Attorney
Criminal Justice Centre
14250 49 th Street North
Clearwater, FL 33762
Carol Dittmar, Esq
Asst. Attorney General
Concourse Center #4
3507 Frontage Road, Suite 200
Tampa, FL 33607
Bjorn Erick Brunvard, Esq
615 Turner St
Clearwater, FL 33756-5314
Attorney for Defendant
Jim Martin
Florida Department of Law Enforcement
Legal Department
Post Office Box 1489
Tallahassee , FL 32302-1489
Att: Evidence Custodian
Kathleen F. DeBlaker
Clerk of the Court, 6 th Circuit, Criminal Justice Center
2 nd Floor – Circuit Division
14250 49 th Street North
Clearwater, FL 33762
Chief of Police
Clearwater Police Department
645 Pierce Street , Clearwater , FL 33756
Staff Attorney rd
Milo Rose #090411
Union Correctional Institution
7819 NW 228 th St , P41175
Raiford , Florida 32026-4440
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April 11, 2005
The Honorable Susan Schaeffer
Criminal Justice Centre
14250 49 th Street North
4 th Floor, H Wing (SA)
Clearwater ,
Florida 33762
Dear Judge Schaeffer
Once more I find myself compelled to address my concerns before this Court in regards to the lack of representation being provided me by state appointed registry attorney Bjorn Brunvard. This makes my second complaint, as I refer you to my October 25, 2004 correspondence addressed to this Court. Mr Brunvard continues to fail to respond to me, not only in a diligent manner expected of advocate counsel, but in any manner. I have repeatedly requested he send me all copies of DNA test results, have expert evaluations of said test results done and most importantly, seek to depose in my presence both former prosecuting attorneys Bruce Young and Bruce Bartlett. The failures on Mr Brunvard's part are now beyond being excusable and can be seen as wanton neglect of which I pray this Court will be able to correct before I suffer anymore undue hardship.
I am in receipt of this Court's March 23, 2003 Order granting further DNA testing. This Order makes it blatantly clear the burden I face in overcoming past ruling of this Court yet this burden can simple be overcome through taking the forementioned depositions. I refer you to two recent F.S.C., rulings on Brady v. Maryland . (Mordenti v. State, 29 Fla. Weekly 5809 ( Fla. Dec. 16, 2004 ) and Floyd v. State ( Fla. March 24, 2005 )). My case is shrouded in Brady violations that due to reasons beyond my control have never been fully developed. The taking of said depositions will eliminate all doubt as to the prejudicial effect the withheld exculpatory evidence had on me to receive a fair trial before this court. So in order to protect the integrity of the law I expect this court to use the same abundance of caution given in your Order Granting Further DNA Testing to also be applied in an Order compelling the depositions of former prosecuting attorneys Bruce Young and Bruce Bartlett, to be taken expeditiously.
Your Honor, I have also enclosed for your review a May 25, 2004 copy of correspondence I sent to Mr Brunvard and used in a Ferretta petition filed before federal district Judge Steven Merryday. I will also be sending Judge Merryday a copy of this correspondence addressed to you so it may be added to the record before him.
Your Honor, I will wait a reasonable amount of time for this Court to compel an Order for the taking of forementioned depositions. Before I file a complaint to the Florida Bar against Mr Brunvard, and also file a Nelson petition before this Court.
Thank you for your time.
Respectfully,
Milo Rose
Material Enclosed:
Cc May 25, 2004 letter to Bjorn Brunvard
October 25, 2004 letter to Judge Schaeffer
April 11, 2005 letters to Judge Merryday and Bjorn Brunvard
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Milo Rose #090411
Union Correctional Institution
7819 NW 228 th St , P41175
Raiford , Florida 32026-4440
May 25, 2004
Bjorn E. Brunvard P.A.
615 Turner Street
Clearwater
Florida 33756
Dear Mr Brunvard
I am in receipt of Judge Merryday's May 17 th denial of my Pro Se petition seeking reconsideration. Even though Judge Merryday ruled against me I feel he done me a great service by comparing our different strategies which I hope you and I will be able to resolve before July 1 st when I expect you to file for an Order from the Court to depose Young and Bartlett, along with an order of transport so that I may be present for the taking of said depositions.
If you will review the brief filed before the F.S.C., on October 19, 1999 Argument 1,C., ‘The Circuit Court Erred In Denying Mr Rose's Pro Se Motion'. In that Pro Se motion I put forth asking Young and Bartlett hypothetical questions in regards to their culpability of the withheld exculpatory evidence. Since this claim has already been denied on the State level the deposing of Young and Bartlett becomes a matter for Judge Merryday to rule on. (Note) The taking of said depositions does not interfere with the DNA testing. By you proceeding to take these depositions, your competency to represent me will no longer be in question.
Mr Brunvard, my only interest is to exonerate myself. I have no desire to struggle with you in regards to reaching my objective. I request you seek to depose Young and Bartlett. I am of the belief they will be compelled under the Law to speak the truth as the trial record clearly speaks for itself showing they proceeded to trial as if exculpatory evidence did not exist when confronted with the exculpatory evidence. They will have to admit to the prejudice caused through the withholding of exculpatory evidence since the cumulative value of the exculpatory evidence paints a whole new set of facts which the Jury was not able to weigh in light of reasonable doubt. Young and Bartlett will not be able to condone the prejudice in denying the defense a fair and impartial trial. They will have to admit their case was compromised. My exoneration should shortly follow.
So Mr Brunvard, unless you can present me with a better strategy your competency to represent me will remain in question.
I would also like ample time to review anything you file on my behalf. I look forward to your response.
Respectfully,
Milo Rose
H.W.C…….. Journal
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Florida Innocence Initiative
1720 S. Gadsden Street #207
Tallahassee
Florida 32301
Dear Florida Innocence Initiative
I am an innocent indigent on Florida 's death row since July 1983. My case can easily be resolved through deposing the two former prosecuting attorneys that tried my case. As you will notice from the enclosed material my obtaining the forementioned depositions has become a major project. It appears I will soon be forced to file a Florida Bar complaint against my registry attorney Bjorn Brunvard, as well as file a Pro Se Nelson petition to the Sixth Circuit Court.
It is my prayer your organization will be of service to me. Please advise and, if possible, return copies of enclosed material.
Thank you for your time and consideration.
Respectfully
Milo Rose
Copies Enclosed:
May 12, 2005 letter to Mr Kent Spuhler of Florida Legal Services
April 25, 2005 letters to Rep. Bruce Kyle and F.S.C. Chief Justice Barbara Pariente
April 11, 2005 letters to Bjorn Brunvard P.A. Judge Susan Schaeffer and Judge Steven Merryday
October 25, 2004 letter to Judge Schaeffer
May 25, 2004 letter to Bjorn Brunvard
April 2005 response to April 2005 letter to Judge Schaeffer
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Douglas J Tjapkes
Innocent
20 West Muskegon Avenue
Muskegon
Michigan 49440-1317
Dear Mr Tjapkes
Thank you for your reply to my May 24 th correspondence. Your words of encouragement arrived on the same day I sent out the enclosed hand printed copy of the letter I sent to Fla. Governor Jeb Bush. It is my prayer that after you read my words you at Innocent will take into considering the magnitude of my need for a service such as yours. As my prayers extend to you in appeal of my immediate need for moral intervention on your part…… Faith without actions is dead!
Sadly, as you will notice by my letter to Jeb Bush, I have been forced to go to extremes in order to draw attention to the injustice I suffer. My actions are being performed in faith that there are morally just people out there that will take notice and intercede on my behalf to stand beside me before the Law as I know that the legal system will not correct itself until it is placed under outside scrutiny.
God does work in mysterious ways as I refer you to the September “04” edition of Razor Magazine, and my letter to the editor in response to their article “The Eye of The Hurricane” which only re-enforces my belief in my prayers being answered!!! As these words prove to be prophetic….. As you Sir; are in my belief, an agent of the Lord!!!!!
In conjunction to the enclosed letter to Jeb Bush I have also enclosed for your review, two recent Pro Se motions I filed on June 7 th 2005 . (Sir, these are my only copies and I hope you will return them to me. Thank you). I understand you do not have a legal staff, yet I feel my words are self-explanatory and express my immediate need for your service to help me place the legal system on notice they are under scrutiny to fulfil their moral and ethical obligations to protect and preserve the integrity of the law.
In closing I wish to express the awe inspiring knowledge that all praise goes to God!!!!
Respectfully
Mile ‘One Eagle' Rose
P.S. Please respond to the emails of John Pollex agent of my website. Thank you again.