Saturday, September 11, 2010

Sentenced To Death

On February 7, 1990, at the age of 21, I was arrested for the armed robbery shooting death of a 38-year-old male. This case, no. 90-10067-CF, was appointed to Judge David Wiggins out of the Fourth Judicial Circuit in Duval County, Jacksonville, Florida. Since my co-defendant, John David Hatch was being represented by the Public Defender, Judge Wiggins would have to appoint me conflict-free counsel. And on February 17, 1990 Judge Wiggins appointed Henry Davis, a lawyer who had never handled a capital case. Davis failed to ask for co-counsel, hire an investigator, track down and interview witnesses or examine physical evidence, including bloody clothing of Hatch’s and mine that the sheriff’s office was in possession of and which the jury never saw because the prosecutor, Lance Day, kept it from them. On February 22, 1991, I was sentenced to death. Direct appeal was filed (see state v Clark 613 so2d 412 Fla 1992) and denied. Certiorari was denied on October 4, 1992. Capital Collateral Regional Counsel (CCRC) was appointed in 1993 to represent me in my 3.850 motion for post conviction relief. The 3.850. was filed on November 16, 1994 and was amended on November 1, 1995. Judge Wiggins issued an order on June 18, 1996, granting evidentiary hearings on four claims: two Ineffective Assistance of Counsel (IAC) claims on Davis and two claims of prosecutorial misconduct by Lance Day. Over the next couple of years, before the evidentiary hearing was held, both Davis and Day were appointed as Fourth Circuit judges. The proper remedy Judge Wiggins should have taken, according to F.S. 38.10 and FL.R. crim.P. 2.160, was to disqualify himself. Not only did he fail to do so, but Wiggins stalled this case in direct violation of Florida Supreme Court (FSC) ruling in Jones vs. state 740 so2d 520 (Fla 1999) The evidentiary hearing was stalled from Nov 1994 until Feb 2007. What made it worse was that in June 2003, I lost my CCRC representation.

Wiggins then appointed a friend, Dale G.Westling Sr., to represent me. I fought this and on March 22, 2005 went pro se, acting as my own counsel. Judge Wiggins and Westling turned my CCRC files over to the state, violating the FSC ruling in Kight v. Dugger 574 so 2d.1066 (Fla 1990) and in doing so, violating attorney-client and doctor-patient confidentiality rights. For the file contained over ten years of correspondence, doctors reports, I.Q. tests and more, all of which was post conviction material. In June 2005,Westling filed a motion to withdraw. Wiggins then appointed Christopher Anderson, who also filed a motion to withdraw two weeks later on June 28, 2005 due to the fact that he didn’t want to challenge the two sitting Judges Davis and Day.

Harry Brody (bar no. 0977860) was my last counsel at CCRC and Wiggins refused to let him keep this case. Yet on September 8, 2005 not only did Wiggins reappoint Brody, but allowed Brody to file a new 3.850, which is unheard of. It was filed in January 2006 and ruled on in May 2006. Brody would not provide me with the order. At this time I still admired and trusted Brody and therefore had no reason to suspect deception from counsel. Then at the evidentiary hearing on February 26, 2007, I questioned Brody about the witnesses and Brody responded that he was only calling two witnesses and wasn’t presenting bloody clothing or other evidence and testimony. Brody stated, “The judge no longer wants to hear those claims, but don’t worry, we will get them in on appeal.” Again, at this time, I still trusted Brody. I began filing pro se pleadings, written arguments, and a motion on the cognizable claims. It was when the state responded to a motion in April 2007 that I realized that Brody had lied to me. The witnesses and evidence should have been presented at the February 26, 2007 evidentiary hearing. I then filed a motion to take judicial review of the judicial abuse in May 2007 to the FSC (case no: sc-77553) notifying the court of counsel’s lie, the court’s failure to disqualify, and the attorney-client confidentiality violation. The Florida Supreme Court (FSC) dismissed the motion without prejudice, stating these claims could be raised on appeal.

In December 2007, I was issued a new case no:SC07-2318. I filed motions to dismiss counsel, which were denied. Brody would not raise the appealable claims in his initial brief, nor would he file a reply brief. Brody was intentionally sabotaging this case, protecting the three Judges Wiggins, Davis and Day and the record absolutely, unequivocally supports sabotage. Brody’s failure to raise and take appeal on valid legal claims shows that a conspiracy to protect these judges exists. The FSC then forced me to be represented by Brody, although according to the law, in post conviction there’s no “right” to counsel. The FSC literally tied my hands so I was unable to defend myself. One thing is certain; the FSC is not following F.S. 27.771(12) providing the court monitor counsel’s performance.

FDOC records show that Brody showed up drunk wearing an old t-shirt and cut off shorts, trying to visit his clients on death row. And the prison administration turned him away. This isn’t slander, because everything is on the record. Copies of the record can be obtained through the sunshine law/freedom of information. (If you have questions, please ask and I’ll provide the answer and support it with documentation.) Justice Barbara Pariente wrote a letter to the chair of the state senate committee on criminal appropriations urging that the disbanded CCRC Northern Regional Office be reinstated based on the unanimous views of the Justices of the FSC that the private attorney registry system in North Florida has been a failure. Justice Raoul Cantero testified to the legislative committee that the representation provided to capital defendants by registry counsel constituted “some of the worst lawyering he’s ever seen!” But this is not just poor lawyering. It’s a conspiracy to sabotage evidence and testimony, procedurally barring it from federal review in an attempt to protect these three judges for judicial favors. On April 29, 2010 the FSC denied my appeal. All of my pro se filings were stricken as unauthorized. I’ve since filed motions to proceed pro se and to discharge counsel in the United States Middle District Jacksonville Division (Case No. 3:10-cv-547-j-32). On July 8, 2010 a telephonic hearing was held and Judge Timoth J. Corrigan removed Brody as counsel and has set a Farret hearing to allow me to proceed pro se. I’m going to attempt to file my 28 USC 2254 writ of Habeas Corpus and corresponding brief. Anyone who can assist with legal advice….I’d be overjoyed to hear from. Any media outlets that would like to do an interview, you have just found a willing participant. And I’ll cover anything from my case to my life on death row. I encourage you to research this, download all of this and send it to the legislature and house appropriation committee. Thank you for your time in allowing me to share this and bring you some insight into a broken justice system.

Saturday, September 4, 2010


I wanted to write and give you some personal information about myself. My full name is Ronald Wayne Clark Jr., but my friends call me Ronnie. I was born on April 20, 1968 in Jacksonville, Florida. I’m 6’4”, 235 lbs (muscular : ) with blue eyes and brown hair. I’ve been married and divorced twice, and have no kids. The only family that I have out there is my mother, who lives in Oklahoma. Because of her financial situation, I only get to see her once or twice a year.

My father is in prison here in Florida also, serving a life sentence for murder. You can read about that in A Tale Of Guilt. We do write to each other, but I haven’t seen him since November 1996. The only other family member I’m in contact with is my cousin, and we write once or twice a month.

We have very little to look forward to in here. Mail call is five days a week, Monday through Friday, and it’s a sickening feeling when the mailman passes you by. We can also order canteen once a week, if we have money. We can have visits once a week, and we are allowed recreation twice a week, for two hours at a time.

My day begins at about 5am. I wash, brush my teeth and make my bed. I watch ABC news from 5:30 to 6 am. Breakfast usually arrives at 6 or just after. The food is bad, so I’m on the vegan diet to get away from all the processes meats. After eating, I do some reading, usually involving law, or I write while listening to the radio. On Sundays, from 8-10 am I listen to a radio show hosted by Dee Snyder (from Twisted Sister) called The House of Hair. I love heavy metal – AC/DC, Metalica, Slayer, Rat, Slaughter, Firehouse, Scorpions, etc…

Around 8am every morning I start my exercise program, which is anywhere from 2-4 hours. Then eat lunch about 12 noon. After that I may read or write. I write poetry, essays, and now I have this site to write on. I also draw and make greeting cards when there is nothing else to do. I’m not a great artist. I’ve seen guys who can just pick up a pen and the art flows out of them, but that’s not the case with me. I basically just try to find something to do to pass the time.

This cage is 9x7….63 square feet of hell and it will drive you crazy if you’re not careful. You need to check you sanity daily. Like, right now, 9 cells down the hall, some idiot is snapping his fingers and clapping his hands to music. You hear toilets flushing, lockers slamming and guys arguing over the stupidest of issues.

We eat dinner about 6 pm. We shower 3 days a week. The showers are at the end of the hall. There are 2 showers for the 14 cells on this wing. Anytime we leave the cell we are handcuffed. We are escorted to the shower. The shower door is shut and locked before the handcuffs are removed. We’re given 5-7 minutes to shower, so there is no real enjoyment in it.

I exercise every day so bathe here in my cell every day. Just soap up like you would in a shower, fill the sink with water and pour it over yourself to rinse off. You have to dry the floor afterwards, but at least you’re clean, which is your goal.

I watch some TV. On the street, I didn’t watch hardly any at all. In here, it’s something to do to pass the time. I like Survivor, Big Brother, The Amazing Race, Hell’s Kitchen, The Big Bang, and Two and a Half Men. And I’m a die-hard Miami Dolphins fan : )!!

I usually go to sleep right after mail call, between 8 and 9 pm. And then do it all over again the next day. This is more of an existence than actually living. Only a fool would call this a life. I often hope each night as I lay in the sweltering heat, trying to sleep, that I don’t wake up in t he morning. But I know I will. I’m just that unlucky. Yes, when they were passing out luck, I thought they said, “Duck,” and missed it all : ).

I really miss the beach, motorcycles, and most of all, the company of the greatest, most magnificent creature on the face of this earth, women.

My favorite food is seafood, favorite soda id Pepsi, and my favorite movie is Far and Away with Tom Cruise and Nicole Kidman.

I have only a ninth grade education, and it’s really not even that. My educational background is as follows: I didn’t attend preschool or kindergarten. I passed first grade but failed second grade twice. I passed third, fourth and fifth, and two weeks into sixth grade at Wright Elementary School in Tulsa, OK, I was bumped up to seventh grade at Edison Junior High because of my size. Mid-way through the school year, I moved back to Florida, and attended Yulee Junior High, where I failed again. The next year I returned to Tulsa to attend Byrd Junior High. But instead of repeating seventh grade, I started ninth, which I barely passed. I attended Fernandina High School for tenth grade, but was present for very few days. I was always high. I dropped out at the age of 15 to sell drugs for my dad. So my education was poor. Because I’m serving a death sentence, I’m not able to participate in any educational programs, so I can’t get a GED. What writing skills I have, I developed in this cage over the past 20 years.

My religious beliefs…well, I’ve studied the bible, the Torah and the Quran. I am a former Christian who began following the teachings of Jesus on blind faith. I accepted him as the Son of God based on what other Christians were telling me. But every time I found a contradiction or unfulfilled prophecy, and I’d show it to the Christian Brother who led me to Christ, he would freeze like a deer caught in the headlights. The bible eventually destroyed my faith. I’d have to define myself as an agnostic now. I leave the door open for a creator, but evolution is probably more likely what happened. For everything has a beginning, so a creator would have had to evolve and would be far more complex than the universe and all life in it. That’s my belief, which most people don’t seem to agree with. But I can’t simply believe what others wish me to believe. I can only believe in what I feel to be true.

In life we have to accept people for who they are and what they believe. No matter who they are or what those beliefs are. We are all human and all have flaws, some of us more than others. I’ve made more mistakes in this life than any ten men combined. I could try to lay the blame elsewhere… a product of my environment, the result of drugs and alcohol, but in all honesty, I’m the sum total of my own stupidity. I’ve made poor decisions my whole life and when you introduce someone like me to drugs and alcohol, you have a sure-fire recipe for disaster. These days I like to think I have a grip on it. But I know I teeter on the edge of stupidity. I therefore must watch whom I associate with, and try to stick with those inclined to make good decisions. The first sign of stupidity and I step back. I cause a lot of problems and I fight the prison authority through the grievance system, some of which I will highlight on this site. I will also share legal documents from my case, as well as poetry essays, and my art. My work is occasionally controversial. I make a lot of enemies, which is really not smart. But I’ve never claimed to be smart, and my history supports that.

I deal with depression and take the antidepressant Prozac. I don’t smoke – quit on January 14, 1997. I stopped using drugs and drinking in August 1996. I got tired of them controlling me. I just wish I could have gotten a grip on it when I was out on the streets. Unfortunately, it conquered me.

I hop that you will take an interest in following me, and that I can enlighten you and give you some insight into issues that you might otherwise overlook. Maybe I can even get you to stop and smell the roses, breathe the fresh air, and look at life in a new way. Please join me on this journey.