Judge Kastrenakes Brady Violation Ruling Postponed
By Joseph Snook
Investigative Reporter
Editor’s Note: Due to the constant and significant amount of subscribers and others inquiring about the on-going Jamie Clark Post-Conviction case in West Palm Beach, Florida we are providing this update. The information below brings the public up to date on this travesty of justice. We will be publishing further once Judge Kastrenakes makes his ruling.
West Palm Beach, Florida – On October 13, 2006, Jamie Clark was involved in an automobile accident that tragically ended the life of Lucy Miller. Miller, 85 years of age, made a u-turn that experts and witnesses say caused the accident. Rabbi Marci Bloch, the only eye-witness other than Jamie Clark and the deceased Lucy Miller, stated, “I had a moment of wanting to say, ‘Don’t go…What are…What are you doing! …It was almost like there wasn’t enough judgment in the turn, because it was… I… I… would never have made that turn,” when referring to Lucy Miller pulling directly in front of Mr. Clark.
In 2012, Jamie Clark’s Defense discovered new evidence (vehicle diagnostic ‘black-box’ reports from Lucy Miller’s vehicle), which was not made available or provided to Clark’s defense prior to his conviction in 2011. The evidence was found as his new defense searched through the state’s old file. This evidence, according to experts, scientifically shows that Jamie Clark was not at fault, and substantiates eye-witness Marci Bloch’s statement. Now, over seven years after the accident, Judge John Kastrenakes is set to rule on a Brady Violation which was rightfully remanded to him by the 4th District Court of Appeals in March of 2013.
What is a Brady Violation?
Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, Brady v. Maryland,[1] in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant’s sentence must also be disclosed by the prosecution. –Wikipedia
Prosecutors and Defense Experts argued the validity of the newly discovered evidence in front of Judge Kastrenakes in August of 2013.
Judge Kastrenakes who was originally set to rule by November 15, 2013 has asked for an extension, and is set to rule on the Brady Violation by January 18, 2014.
Locked up since September 15, 2011, Jamie Clark will likely be in prison this Christmas awaiting an answer from Judge Kastrenakes which should allow him to receive a new trial.
The US~Observer asks that our readers please send their prayers and regards this holiday to Jamie and his family. His Mother and Father, who have dedicated many years to proving Jamie’s innocence, have struggled greatly with their health. Under severe stress, Jamie’s Mother fell down a flight of stairs causing a severe ankle fracture which required surgery. Jamie’s Father, who expected to be reunited with his son this November, recently suffered a near life-ending heart attack, which has left him hospitalized on four separate occasions. You can reach out to Jamie’s friends and family though Facebook at: https://www.facebook.com/jcla67
The tragic events of October 13, 2006 will never be forgotten. This miscarriage of justice, that former West Palm Beach Assistant Prosecutor Ellen Roberts is responsible for, has cost the Clark family much more than words can describe. Now, Florida State Prosecutor Dave Aronberg and his assistant prosecutors are fighting to keep Jamie in prison. Jamie Clark deserves justice this holiday season. Please reach out to Jamie and his family with your support. A list of people to contact will be made available on the Jamie Clark Deserves Justice Facebook page.