Ernesto’s Pleading for Help from Former Attorneys

With this page, I am trying to obtain the desperate help that I need from my former trial attorneys. In fact, I was represented by three attorneys during my pre-trial, trial and sentencing proceedings. 

The two attorneys that represented me during the pre-trial and trial proceedings were Ty Terrell, Esq. and Ms. Andrea Tromberg Esq. As to my sentencing proceeding, I was represented by James S. Lewis, Esq. 

Mr. Terrell and Ms. Tromberg conducted the case very professionally and they were both excellent litigators, before and during trial. They made great strategic decisions at trial and did intensive direct and cross examinations to the state and defense witnesses that testified during trial. 

Although, Mr. Terrell’s and Ms. Tromberg’s main hypothesis of Innocence at trial was strongly based on the broken chain of custody and the high probability of “planting on and/or tampering with” the “Oral Swabs” priorly obtained by the Miami-Dade Metropolitan Police Department’s Crime Lab, which contained my DNA, the jury still found me guilty. However, the guilty verdict was based solely on the State’s DNA experts persuasive testimonies, presented at trial without rebuttal, in reference to the DNA allegedly found on the victim’s green fitted sheet. 

There is absolutely no doubt that all strategies employed by these attorneys at trial, would have been completely different, if what is known today, would have been known at the time of trial, in pertinent part, that:

1. The BSO Crime Lab mishandled and misinterpreted DNA evidence involving more than one individual in their DNA cases performed before 2016;
2. The BSO Crime Lab DNA Technician Donna Marchese falsely testified at trial about the arrival and/or returning of the only incriminating evidence in this case–the green fitted sheet into and out of the Crime Lab. And equally falsely testified as to the type of DNA testing that she had performed on the evidence (RFLP vs. PCR) before trial;
3. The BSO Crime Lab DNA Consultant Professor Martin Tracey was fired from his job at the Florida International University (FIU), in part, for allegations he made on planting DNA evidence. On the other hand, Professor Tracey has reviewed the knife  evidence, of an unrelated case containing DNA, and concluded that this DNA evidence was incriminating in nature. But when it was independently analyzed by the American Society of Crime Laboratory Directors (ASCLD), it was concluded not to be incriminating. Showing a pattern of errors.

In other words, because the defense did not have the necessary knowledge at the time, about the above-mentioned facts, the whole focus of the defense in my case was placed on my “Oral Swabs” which contained my DNA and were previously obtained by the Miami-Dade Metropolitan Police Department’s Crime Lab. Clearly the defense focus at trial was never placed on the questionable victim’s “Green Fitted Sheet,” the BSO Crime Lab DNA experts’ misconduct and/or the BSO Crime Lab mishandling and/or misinterpreting mixed DNA. 

Therefore, it was humanly impossible for these attorneys to have attacked what was unknown to them at the time of trial. This in fact, should be one of those exceptional circumstances that should allow a defendant to raise it up in a motion claiming a newly discovered evidence claim. However, when I did it, I got denied and furthermore, sanctioned by the Court to never again be able to file another pro se motion.

As to Mr. Lewis’ representation at sentencing, he tried his best to convince the presiding judge that there were no reasons to upwardly depart from the applicable and recommended 14 years maximum sentence I was facing under the Florida Sentencing Guidelines. Nevertheless, the judge granted the State’s motion to upwardly depart my recommended sentence and I was ultimately sentenced to die in prison. 

Because there are now a lot of new facts that were unknown at the time of my trial, that I am coming forward and humbly requesting from my former attorneys to step in and help me out while trying to correct the manifest injustice of this case, in any way, shape or form they would consider it possible.

I am extremely appreciative for any help, support or even advice I could receive from any of them today. And after reviewing some of the correspondence I received from some of them a few days ago. I feel compelled to express my most sincere gratitude for their wishes to work with me in my ongoing endeavor to obtain justice. But more importantly of all, I want to express to them that irregardless of whether they come forward or not at this time. I am sincerely thankful for their past representations. I did in fact, appreciate their efforts then and I still do appreciate them today. In all honesty, it was an honor and a privilege to have been represented by each one of them!

With sincerity and appreciation always, 

Ernesto Behrens.