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Topics relate to adult business, the War on Drugs, political prosecutions, censorship, and police, prosecutorial, and judicial misconduct

Smiling Faces - The Undisputed Truth

Thursday, December 31, 2009

Dusty's Sworn Statement

Dusty handwrote this statement and had it notarized on the way to the courthouse the day that she was finally called by the State of Florida to testify. The notary was subpoenaed on the same day, and immediately after Dusty's testimony. I have transcribed it precisely as she wrote it from my own copy. It is Orange County, Florida Circuit Court Case No. 2001-CF-015492-A, as outlined in my previous post and in Memoirs.


To: Honorable Judge Anthony Johnson Jan. 12, 2003

OSWP Case# 2001-0070-CFD Vicky Lynn Gallas

From: Suzanne Irmischer Redfern

Respectfully:

Your honor I was called to testify in regards to the above case # by the State of Florida.

I met agent Brant Rose at the Grand Hyatt Hotel at Orlando International Airport two to three weeks before my arrest in March of 1996. At the time I had no idea that he was an agent or worked for the Metropolitan Bureau of Investigation. It was a Full Service call. It was on a Monday between the hours of 11:00AM – 2:00PM. When I arrived I walked into the room he asked me how much. I told him $160 per hour. He then offered me $100 extra not to use protection. I was offended. After we settled our dispute either "my way or the highway" I stayed for 20 minutes and left with $160.

I then came down with a bad case of bronchitis and didn't come back to Orlando to work for two to three weeks.

My first date back to work was the night of my arrest in March of 1996. Vicky phoned me to know a man that went by the name Tim Moody from Arkansas was in town working for Martin Marietta staying at a condo off Curry Ford Road. Shortly after I arrived I was arrested by Agent Paul Winsett. SWAT unit was hiding in garage. They came in undercover with black masks. To my surprise there behind the mask was my Last date that I ran into at the Grand Hyatt Hotel. So now I knew he worked for M.B.I. but I still had no idea who he was since he had used an alias on our first meeting.

June 2000

I awoke late afternoon to find a subpoena in my door jam from an Agent Eddie Byrons [FDLE Agent Eddy Baron] to report to M.B.I. office in late June early July of 2000. I did as requested.

I was escorted to an interrogation room with Eddie Byrons [Eddy Baron]. Shortly after Agent Brant Rose entered room and formally introduced himself. I replied I know who you are. You've lost a lot of weight since the last time I saw you and he thanked me for compliment. He then questioned me about my A.T.&T. cell phone and why I had it turned off?

My answer: I was offered a better deal with Bellsouth.

Then he started asking me questions about Vicky Gallas, her business etc. – I explained that I hadn't spoken to Vicky in 2 years. (If he was monitoring my phone he would have known this). I really didn't have the answers he wanted. Then he starts asking me questions that I answered the night of my arrest. He explained that he didn't want me, he wanted Vicky and that the witness subpoena would protect me. I explained I couldn't give him information that I really didn't have because we weren't in contact.

I did phone her once after I received the witness subpoena to find out what was going on. She explained she had placed a complaint with someone at M.B.I. other than that no idea. So there I was, Brant Rose continued to ask me questions like how many times I had sex on my dates etc.--- I thought the questions were more personal than professional and I told him so.

He then started threatening me that if I didn't answer his questions that he would put me in jail. It would be 30 days before I would see a judge and if I still didn't answer they could hold me up to 90 days.

These were questions asked the night of my arrest in March 1996. It was crazy. Then it was brought up again my witness subpoena would protect me from prosecution. That's when I told Mr. Rose the snake story I heard while watching Church one Sunday. A preacher went to an Indian Reservation to try and convert the Indians to Christianity. He was conversing with the Indian Chief about traditions and how when your confirmed your considered an adult in the Christian faith. The Indian Chief explained that there tradition is to take a brave and put him into the forest from full moon to full moon and when he returned he was considered a man.

Well they took a brave and put him into the forest by a strong rushing stream. The fish were jumping, there were tall pine trees, tall mountains and on the tallest mountain there was a snow cap. The brave having time to kill decided to climb the mountain and touch the snow. When he reached the top of the mountain out crawled a snake saying Help me! Help me! to the brave. If you leave me up here I'll freeze to death and surely die. Please take me to the bottom of the mountain for I don't have legs to carry me. The brave said I will not you will bite me and fill me with your poison and I will surely die. The snake replied would I do that to such a friend that would do me the honor of saving my life? So with a lot of haggling on the snakes part the Indian picked up the snake and put him in his coat and started down the mountain. When he reached the bottom the Indian took the snake out of his jacket turned to walk away and BAMM the snake bites the Indian. The Indian then turns looks at the snake and said but you promised! And the snake replied you knew what I was when you picked me up.

Mr. Rose sat for a moment to think about what I had just said. Got angry told me he didn't want to hear any more stories and stormed out of the interrogation room. Agent Paul Winsett came in and told me my rights. I explained that I didn't have the information that Mr. Rose wanted. I hadn't spoken to Miss Gallas in almost 2 years. Then Mr. Winsett walked me out.

Then all was quiet until late August 2001. I received a phone call from Miss Gallas informing me that one of her girls was detained by Brant Rose, then he stated my name to girl named Kelly and did she know Susan Redfern and that I no longer work in Orlando because I have AIDS and did she know who I was. My answer to Vicky was I wonder who or what gave him that idea. 3 days later I received a call from a client telling me he had phoned "All Angelas," spoke to Terri Isaacs who claimed "her cop buddy told her I have AIDS." No wonder my phones stopped ringing! Well it just so happened that I had just gone to the health department for a 6 month check and the results were negative. So Vicky and I knew that Terri was in contact with Brant Rose. Vicky closed Valentines September 2001. We spoke that day she phoned to let me know. We spoke again sometime in October and then again after her arrest in November.

Sometime in the beginning of December 2001 Mr. Brant Rose came with a witness subpoena for a deposition December 20th 2001. He delivered the subpoena himself along with a Brevard County Sheriff Officer to my door. The date from Hell is also a witness in this case and asking me questions?

I contacted an attorney John Natori from Orlando, told him all the above story. He was busy on the 20th and asked to postpone the depo until after Christmas – John Craft refused! Mr. Natori referred me to James Craner who came with me to depo on Dec. 20th. I also explained all of the above story to him as well as Robert Mihalek's attorney at the time Ken Weaver.

I arrived on Dec. 20th 2001 with my attorney James Craner who was not allowed to speak or advise me. Mr. Craft stated that I would be given 30 years if I didn't answer his questions. What kind of justice is this? I'm afraid of these people that's why I brought an attorney. I have turned off all my phones and have lived in fear for the past year. I took a job where I worked 7 nights a week so no one could say I was elsewhere to discredit me as a witness for this case. I have sat outside in your hallway all week everyday – Monday – Thursday to testify.

Oh and one last thought to ponder. Tuesday afternoon Mr. Rose was sitting in hallway. I was there with my friend. I started a conversation with Mr. Rose but not pertaining to case. Towards end of conversation he mentioned that he would be over in Brevard [County] working the Boardroom case and staying at the Radisson at the Port? after this case was over? Now why would a special agent want me to know where he would be staying? I wonder?

Thank you your honor for taking the time to read my statement.


Sincerely,

Suzanne Irmischer Redfern

[Notary information]

Trial Surprise


In Memoirs of an Accused Madam: The War on Adult Business in Orlando, chapter eight (8) is entitled: "From the Defendant's Perspective: A Bizarre Trial." Towards the end of the chapter I discuss the situation that occurred when Dusty was forced by the State of Florida to testify. Prosecutors subpoenaed her and demanded that she be present in the hallway from the moment the trial began on Monday, January 6, 2003, until they finally decided to call her to the stand on Monday afternoon, January 13th. That was their mistake.


What prosecutors didn't consider is the level of anger that she had reached by the time that they called her. Well, on Sunday evening before her testimony, Dusty handwrote a lengthy letter to the judge and then followed-up by having it notarized on her way to court on Monday morning. The act of notarizing the statement transformed it into a sworn affidavit.

I had no idea what Dusty included in the letter, and as the later investigation by prosecutors revealed, played no part whatsoever in her making the statement. In the investigation that followed her testimony, Florida's Office of Statewide Prosecution even subpoenaed the notary public that had notarized this document, and then investigated every allegation in it. The results of the investigation were hidden, at least from the defense, and shortly thereafter the file disappeared in its entirety from the Orange County Clerk of Court's office. The case is Case No. 2001-CF-015492-A. My co-defendant's (Rocky and Beth) case numbers are the same except that the letters at the end are "B" and "C" respectively.

The only thing that I know concerning the end result of the investigation is that Dusty was not charged with perjury and was not approached by prosecutors or any agent of the State of Florida again in relation to my case.

The jury was immediately sent out of the courtroom – the moment that Dusty handed the envelope with the sworn affidavit to the judge as she sat on the stand. So the jury never did get to see a copy of this affidavit and my attorney, Stephen Wolverton, was not allowed to refer to it when the he cross-examined Dusty. As I stated in Memoirs, after she presented the affidavit her testimony was quickly concluded by the examining prosecutor.

Circuit Court Judge Anthony Johnson's clerk was instructed to make copies of the affidavit for the judge, the file, the defense, and the prosecutors, so this is not a secret document by any stretch of the imagination. It did disappear with the rest of the documents in the file. The file was 3 overstuffed volumes, perhaps 6-8 inches of papers in each volume. After the disappearance from the clerk's office, the recreated file contained only some documents from the prosecutor's office, and of course this sworn affidavit was among the many missing documents. Soon the recreated file disappeared also. Today there is a file consisting of 1 volume that is 1 to 1 ½ inches thick.

I do have in my possession most documents from the original file. I have several copies of the sworn affidavit submitted by Dusty. She also gave a copy to Local News 6 investigative reporter Tony Pipitone; however, the station did not use it in their documentary on the Metropolitan Bureau of Investigation. When the documentary was made back in 2003, the MBI former director exerted pressure on any news outlet. Before long the show disappeared from the station's website, but of course I have a copy of the tape that was mailed to me by Tony Pipitone. A copy of the affidavit was also given to an investigative reporter with the Orlando Weekly, but the newspaper didn't use it in their 10-page story about the MBI, "The Morality Police," by William Dean Hinton. In fact, no news outlet actually listed the correct charges that I was on trial for, or included any of the really incriminating facts concerning the MBI.

I also have all court hearings and the entire trial on CDs and obviously could prove anything that I state regarding my trial and the court hearings. I so tire of being discredited – like with the 2 reviewers of my book that state it is not believable and assert that I deserved it all. The last reviewer is clearly from the law enforcement profession – perhaps actively or perhaps retired. The MBI has friends in Tennessee – they filmed shows together on Spike TV that they also sell on Amazon.

As stated in Memoirs, I stand by all that I stated – it is a non-fiction book, and I categorized it as "true crime" with subcategories of "criminals," "criminology," and "organized crime" as the agents were the criminals that operated as an organized criminal group.

I did not include a copy of this sworn affidavit in Memoirs, though I am not sure why, except perhaps for the same reasons that I gave all of the agents of the state aliases. This case is a matter of public record and any document in the files can indeed be posted herein, published in a book, or published on the internet; regardless that the guilty parties stole the file from the courthouse. I am finished being the patsy that covers their identities to protect their privacy. Not one ever had any concern for my privacy. Today almost all involved agents are retired care of Florida taxpayers.

The next posting on this blog is the infamous sworn affidavit.

Dusty was always Dusty to me, from the moment that I met her, but her real name is Suzanne Irmischer Redfern. Suzanne was a great friend and she died on March 3, 2008.


Rest in Peace Suzanne


February 1, 1958 – March 3, 2008

The Conspiracy Charge


This is written from a defendant perspective and is not a legal guide, and no, that is not a disclaimer, but I do want the reader to understand where the point of view is derived. Some statements may be in disagreement with legal viewpoints, so don't bother to quote case law as it is immaterial herein, and chances are great that I am already aware.


Though the charging of a conspiracy has earlier roots in history, the modern use began with the War on Drugs and drug conspiracy charges. It is an available statute that is frequently misused and abused by state and federal prosecutors. I know this for fact as I was charged and tried for the Florida statutes: Racketeering (RICO), F.S. 895.03(3) and Conspiracy to Commit Racketeering (RICO), F.S. 895.03 (4).

Florida Statute 895.03(3) states:

“It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.”

Florida Statute 895.03 (4) states:

“It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (1), subsection (2), or subsection (3).”

I did rip apart the "racketeering" basis of the charge in Memoirs, but never really gutted the "conspiracy" allegations. I had 2 co-defendants – Rocky and Beth – and each pled guilty to the conspiracy charge (F.S. 895.04(4)). One part of the plea agreement that each entered into was to testify against me in court concerning our alleged conspiracy. The other parts involved helping agents and prosecutors develop other cases (setting other people up). Prosecutors never did call Rocky to testify for a variety of reasons, but while sitting in jail with "no bond" after our arrest, he made a lengthy and wild statement. The day that he made his statement, after spending almost 3 months in jail without a bond, he was given a $20K bond and released, a violation of the United States Constitution. The bond was an undocumented part of his plea deal.

At the base of Rocky's jailhouse statement was that he was my partner and we were in business together. The root of the entire case was an informant's statement (Theresa Isaacs/Ryssdal/Raines) that she knew that Rocky and I were in business together, and even a claim that Rocky had introduced her to me. So what agents and prosecutors did was have Rocky confirm the informant's statement after our arrest. Indeed it was a baseless allegation, but then informants make-up crap for prosecutors and agents every minute of every day in this country. It is how the system works.

Ironically, the truth as to where I met Theresa was far worse to me at that point in time. But guess what? When I testified in my defense, prosecutors did not ask the question. They knew better than to go there. By the time we reached trial, time limitations had set in and I couldn't possibly be included in the federal mess – it was too late to turn back that clock and have their informant (Theresa) and my co-defendant change their statements. When they directed Theresa to make the statement that she did to begin with, they had already reached the point of no return, and that was ten months before my arrest.

I actually met Theresa through a woman named Judy (Kathy in Memoirs) in Miami. The evil part of this is that agents and prosecutors were all too aware of exactly how Theresa met me, but chose to charge me as they did because it was more of a case than it would have been to try and include me in the federal mess. So Theresa lied and they all knew it. Florida's Office of Statewide Prosecution was working with feds prosecuting "the Circuit" case with its Miami roots. "The Circuit" case was a huge federal mess, and Theresa was at the center, though none of the defendants ever knew that as each pleaded guilty to one charge or another.

So there was my poor drugged co-defendant in the Orange County, Florida jail unknowingly cementing his own conspiracy conviction. Yes, he was on a lengthy list of psychotropic drugs while in the jail, prescribed by the State's psychiatrist.

We all know that they couldn't have all of that come out in a courtroom during trial, so prosecutors never called Rocky to testify. The next irony was that prosecutors claimed at his sentencing hearing that he didn't complete his plea deal by testifying against me and requested, and received, a 36 month prison sentence and 10 years of felony probation upon release. Of course they also received the fines and costs of $26K and poor Rocky still has 5 more years of felony probation and is still making his monthly payments.

When a conspiracy is charged alleging that 2 parties are in business together, any acts committed by one of the parties is attributed to the other. So what I got in the end was a bunch of idiotic escorts that worked for Rocky's business simply testifying as to how he did business, things he stated to them, and specific situations between each of the escorts and Rocky. I never knew any of them, but in a charged conspiracy this is entirely immaterial.

That is what a conspiracy charge can do for prosecutors, and in my case, the basis of the charge was false to begin with; a fact known by all agents and prosecutors.

Do you get it? Apply this concept to War on Drugs and War on Terror cases for the complete picture.