INTRODUCTION TO JUSTICE SOUGHT (page3)
After Padgett relayed Waterfield’s response to the plea agreement the Prosecutors put the full court press on State and Defense’s witnesses by the use of coercion and threats to unlawfully influence the witness’ testimony to match the Prosecutor’s theory of the crimes. Robert Stone immediately petitioned Governor Bob Graham for direct access to State funds necessary to prosecute these cases because Indian River County could not afford the expenses. Bob Graham granted Stone’s petition. At the conclusion of the prosecution the local and national news media quoted Robert Stone’s claim that he had drawn 6.5 million dollars from the State’s Treasury, to pay the expenses for prosecuting this case.
Meanwhile, the Prosecutors petitioned the local court for an order freezing all of Waterfield’s personal and business accounts to prevent Waterfield from paying private counsel to investigate the State’s theory of prosecution and develop a reliable defense. The police staked out the homes of Waterfield’s family, friends, employees and alibi witnesses, following them to any place they went. The police served John and Jane Doe subpoenas upon them numerous times, at all hours and told them they had 15 minutes to comply with the subpoenas by showing up at the State Attorney’s Office. The witnesses were kept waiting in the hallway until 7:00 or 8:00 p.m. and told they would have to come back the next day because the Prosecutors could not get to them. This practice was carried on for weeks at a time.
In November, 1983 the detectives followed Waterfield’s girlfriend Mary A. Schildwachter, from the law offices of Michael Bloom, to the jail where she was delivering an affidavit to Waterfield. The detectives gave her a Jane Doe subpoena at the jail requiring her to submit to an interrogation immediately. Mary agreed to the interview but when she requested to make a phone call to Michael Bloom’s Office, to let him know what the police were doing, she was arrested and booked into jail. She was forced to submit to a strip search, the documents were confiscated and her car was searched. Detective James Atkisson told her not to bother bailing out of jail because he would throw her right back in jail on a new charge. Mary was brought before County Judge Graham Stikelether based on the Sworn Arrest Affidavit made by Detective Phil Redstone * falsely claiming; Mary was served a subpoena at her home, the day before she was arrested, she did not comply with that subpoena and the Sheriff’s Deputies arrested her when they caught her leaving the County. (Mary was served a subpoena titled Jane Doe the day before and was in fact interrogated in her home by the Police who served that subpoena. The interview was witnessed by two other people; Constance Maher and Ysidro Y. Delapaz.) Judge Stikelether ordered Mary held on an Obstruction of Justice charge and she spent the Thanksgiving Holidays in the Indian River County Jail until the Prosecutors could interrogate her without her lawyer present.
The Police also arrested, who they thought was a potential alibi witness for Waterfield, Ysidro T. Delapaz on a trumped up charge of driving on a suspended license. Ysidro T. Delapaz was held in jail until the Police realized they had the wrong witness, who speaks no English and had no idea how to comply with the threats the Police were making on him.
Motions for Protective Orders were repeatedly made by Waterfield’s Defense Counsel and summarily denied by Judge G. Kendall Sharp, L.B. Vocelle and Graham Stikelether.*
At the end of September, 1983 the Miami Herald, Today and Palm Beach Post requested to purchase a copy of all sworn statements made by Martin, from Indian River County’s Official Court Reporter and Clerk of the Court, who refused to comply with the media’s request. The Miami Herald and Today newspapers filed suit for disclosure. At the subsequent evidentiary hearings the Clerk Freda Wright and Deputy Clerk Cynthia Gatt testified they had wrongfully denied the media request by claiming Martin’s statements had been sealed by court order. Martin’s sworn statements were not sealed at that time. Robert Stone’s motion for an order sealing Martin’s statements was also heard and granted * by Judge G. Kendall Sharp on the basis the disclosure of Martin’s statements would deny Waterfield a fair trial. However, Judge Sharp allowed the Prosecutors to disclose David Gore’s statements to the news media because the statements implicated Waterfield.
After Martin’s sworn statements and deposition were sealed the Prosecutors repeatedly gave false statements to local and national news agencies claiming the evidence would show David Gore and Waterfield have a past history of serial crime and “Freddie Waterfield sexually assaulted Lynn Elliott and Martin.”
Numerous pretrial evidentiary hearings were held in Indian River Circuit Court seeking Judges G. Kendall Sharp and L.B. Vocelle to order the Prosecution to disclose the factual basis for freezing Waterfield’s accounts. The prosecutors had yet to explain why they wanted the accounts frozen. Michael Bloom filed a motion for independent expert examination of serology evidence. Judge G. Kendall Sharp gave an oral factual finding before granting the motion.* The evidence was transferred to the State’s Crime Lab in Tallahassee, where the State’s forensic pathologist Dale Nute conducted testing and made reports at Waterfield’s expense. Dale Nute was subpoenaed and testified December 5, 1983 before Judge L.B. Vocelle. * The serology reports were entered into evidence, reliably establishing the Prosecutor’s disclosure to the media, that the evidence would show Waterfield sexually assaulted Lynn Elliott and Martin, were false. Mr. Nute’s findings were further supported with David Gore and Martin’s sworn testimony. Mr. Bloom asked Judge Vocelle to order Robert Stone to comply with the Rules of Discovery by disclosing any testimony or evidence in support of freezing Waterfield’s accounts, or show a past criminal history between Gore and Waterfield which would in any way support Stone’s claim to the media that Waterfield sexually assaulted Elliott and Martin or had a past criminal history. Robert Stone argued his investigation was not complete and therefore he was not required to release any information until his investigation was complete. Mr. Bloom argued the Prosecutors released that information to the news media and the Rules of Discovery demand the Prosecutors disclose that information to the defendant. Judge Vocelle deferred ruling on this matter * and the Prosecutors never have disclosed any evidence to support their claims to the media.
The Prosecutors, Robert Stone and James Midelis, convened the Indian River County Grand Jury on December 8, 1983, presenting David Gore’s sworn testimony as the factual basis for seeking an indictment charging Waterfield with five counts of first degree felony murder and five counts of kidnapping, related to previous crimes David Gore confessed to committing while employed as an Indian River County Deputy Sheriff or posing as an undercover Police Officer. At that proceeding, David Gore also testified Waterfield had written him checks from Fred’s 4 X 4 business account for the Ling and Dailey women who he had kidnapped sometime in 1980 or 1981. The Prosecutors, however, failed to present the jurors with testimony from three victims who escaped Gore’s kidnapping attempts, four eyewitnesses and six alibi witnesses who had already given numerous sworn statements reliably establishing it was physically impossible for Waterfield to have been involved in any of those crimes.
In a surprising twist, the Indian River Grand Jury asked for and finally received Regan Martin’s three initial statements and September 15, 1983 deposition. The initial statements were suppressed from the jury’s August 10, 1983 examination by the Prosecutors. In the jury’s December 9, 1983 late afternoon recess a confrontation occurred when Robert Stone left the jury room he threw his glasses across the entrance foyer while loudly proclaiming, to the news media who were waiting in the foyer, “The jury refused to indict Waterfield in these crimes!” The Grand Jury Foreman, Frank M. Larkins, immediately stuck his finger in Stone’s face and responded, “We didn’t indict Waterfield because you lied to us about his involvement and participation in the Elliott/Martin case!” Mr. Larkins told the media the jurors wanted to see some proof of Waterfield’s involvement in these crimes and not just Stone’s presentation of only David Gore’s highly questionable testimony. The media published articles from quotes given by Robert Stone indicating Waterfield wrote checks to David Gore for payment of women. The media also published Mr. Larkins’ statements “the jurors want to see proof.” The Grand Jury gave the Prosecutors an additional 45 days to present more evidence, which the Prosecutors took advantage of by presenting evidence into April, 1984 without securing an indictment.