With this page, I would like to clarify to the readers of this website, in an easily and understandable way, the undeniable fact, as it is depicted on the face of the record, that a high probability of falsifying, tampering with, planting on and manipulation of the sole inculpatory DNA evidence–the green fitted sheet, took place in this case.
However, in order to easily perceive and comprehend the manipulation of the facts and the DNA evidence that took place in this case, the following important emphasis over all the facts involving this case must be made available to the reader. This way the reader, being aware of all of the facts intertwined to the case, can adequately and safely arrive at his/her own independent conclusion.
Thus, for a clear understanding of the facts of this case, let us chronologically examine the surrounding facts of this case, as alleged in the Probable Cause Affidavit to Arrest.
The Probable Cause Affidavit to Arrest
As will be explained in details below, there was never a legally valid correlation between the three (3) criminal cases used by the Plantation Police Department’s law enforcement officer, Det. Steven Geller to establish the Probable Cause Affidavit he created to arrest me. In other words, the facts as stated in the Probable Cause Affidavit were not accurate and were eventually proven to be false. Specifically, after the first two trials have taken place and acquittals were obtained.
More to the point, in Detective Steven Geller’s affidavit to arrest me, dated May 13, 1997, he outlines in detail the alleged Automated Fingerprint Identification System (AFIS) hit obtained in the [1994 case number 98-6793CF10A] victim #1, stating in pertinent part: “In response to an AFIS hit, on October 25, 1996, Coral Springs Latent Examiner Joel Geller positively matched latent fingerprints found at the crime scene to defendant Ernesto Behrens.”
The Detective equally outlines the DNA evidentiary link of other two victims in separate cases [1993 case number 97-032091CF10A] victim #2 and [1995 case number 98-5739CF10A] victim #3, stating in pertinent part: “A crime laboratory analysis report from the Broward County Sheriff’s Office indicated an identical DNA match from semen collected in the Coral Springs [1993 case number 97-032091CF10A] involving victim #2 and the positive identification of Ernesto Behrens, to the unsolved Plantation [1995 case number 98-5739CF10A], involving an Armed Burglary and Sexual Battery of victim #3. In both cases the suspect’s semen was collected from the crime scenes and submitted to the Broward County Sheriff’s Office Crime Laboratory for analysis. From this concluding Crime lab report, probable cause has been developed to believe that the suspect who committed the criminal violation of sexual battery in the Plantation case is the same suspect who committed the sexual battery in the Coral Springs case. Crime Lab results indicated that the semen tested provided an identical DNA match to each other… Therefore, your affiant believe that Probable Cause exists for the arrest of Ernesto Behrens: (1) DNA matched are identical in the case of victim #2 and the Plantation Sexual Battery case of victim #3, and that (2) victim #2 was able to positively identify the suspect as Ernesto Behrens, and that (3) Ernesto Behrens fingerprints were positively matched to victim #1, another case involving a sexual deviant act…”
Of course, by the way in which the probable cause affidavit describes the facts of the case, in relation to my fingerprints matching the crime scene of victim #1; the positive identification of victim #2 As me being the suspected perpetrator of her crime; and the Crime Lab results indicating that the semen tested provided an identical DNA match to each other’s case, it seems impossible not to believe such under oath statements made by a law enforcement officer in front of a Judge.
However, the facts stated in the Probable Cause Affidavit to Arrest me remained unchanged until I ended up going to trial on each separate case. The trials were conducted in the following chronological order: the case of victim #1, the case of victim #2 and the case of victim #3.
In the case of victim #1, my sole defense was that the law enforcement officer, Latent Examiner Joel Geller planted, tampered with and manipulated the inculpatory fingerprint that allegedly produced a hit identifying me as the suspect of that case. Additionally, I was able to independently run my fingerprints in the AFIS computer program of the FBI and clearly demonstrate that even though the computer produced the names of 15 possible suspects, my name was not one of them. Nevertheless, the most important evidence presented to the jury was how, in fact, the Coral Springs Police Department fingerprint evidence logs had been falsified, tampered with and manipulated by Latent Examiner Joel Geller. Specifically, it was shown to the jury, how his logs and records had been altered and changed to fit his necessary hit, in order to tied me up to the crime scene and to support a necessary link between these two other unsolved cases–victim #2 and victim #3. Anyway, within15 minutes of deliberation, the jury acquitted me on all counts. (For more information about this case go to the Clerk of the County Court in and for Broward County, Florida. Under Case Search look for Case Number: 98-6793CF10A).
In the case of victim #2, my sole defense was that the victim and I had a consensual sexual encounter, approximately two weeks before her alleged attack. It was easily and scientifically proven to the jury that my seminal fluid, which was extracted from her vagina, was “non-motile” within one hour from when she reported the alleged attack. In other words, because the sperm cells collected at the sexual assault center were found all to be dead within one hour from her reported attack, it was easy to prove that the victim was not telling the truth. And of course, she had positively identified my picture simply because she knew who I was all along. In fact, there was absolutely no doubt that the victim was fabricating her story about not knowing who I was. The jury’s deliberation process took only 35 minutes to acquit me from all counts. (For more information about this case go to the Clerk of the County Court in and for Broward County, Florida. Under Case Search look for Case Number: 97-032091CF10A).
In the case of victim #3, my defense was based on a combination of 1) me having an ironclad alibi witness that placed me 20 miles away from the crime scene on the day and time the alleged crime occurred; 2) the impossibility of me being the perpetrator of the crime alleged, where a medical testimony from a Physician was presented, stating without contradictions from the State, that he had performed an operation on me four days before the crime took place. This surgical procedure necessitated multiple stitches in different places of my body. Therefore, making it impossible for me to have crawled in and out a small kitchen window, without disrupting the wounds, the stitches and the bandages I had; 3) the State’s impossibility of placing me in the victim’s house. Specifically, where all the inculpatory evidence pointed to someone else. In other words, the 11 fingerprints and the 5 palm prints lifted from the point of entry and exit did not match my prints. The shoe casting collected in and outside of the house were not size 10 1/2, as my shoe size is. The victim’s description of the perpetrator did not match my personal features. But more importantly of all, the victim without hesitation and with a great amount of confidence identified her attacker as being a circumcised individual, I am not circumcised. Thus, neither one of the State’s direct evidence pointed at me as being the perpetrator of this alleged crime; 4) the inculpatory DNA evidence of this case had been falsified, tampered with, planted on and/or manipulated. Unfortunately, at the time of my trial, it was impossible to adequately explain to the jury, and/or for them to understand my trial defense strategy because no improprieties from the part of the BSO Crime Lab or its employees had been yet published. In fact, it was not until the early part of the year 2016, when it became public knowledge, for the first time, about the BSO Crime Lab DNA Unit mishandling DNA evidence. And then until December 2016 when it became public news, that one of the BSO Crime Lab’s most recognized DNA Consultants, Dr. Martin Tracey, had been fired from his job at the Miami International University, due in part, to his misconduct and improper comments on planting DNA evidence. This of course, was the very same State’s DNA Expert witness presented in my case. The jury ultimately found me guilty on both Counts of the information and the judge imposed a sentence upon me of life without parole on each Count, running concurrently with each other. I have challenged these convictions and sentences for the last 22 years without success. All my challenges throughout motions, petitions and appeals have been denied and most recently, I was sanctioned by the Court to never be able to file any other pleading in the Court, without an attorney. (For more information about this case, go to the Clerk of the County Court in and for Broward County, Florida. Under Case Search look for Case Number: 98-5739CF10A).
In sum, as it is clearly shown above in the case of victim #1, the truth is that there was never an AFIS computer hit matching my fingerprints to the crime scene, as falsely matched by Latent Examiner Joel Geller and falsely stated under oath by Detective Steven Geller. In fact, during the trial proceeding, it was proven and shown to the jury, through an authenticated AFIS computer hit–performed by the FBI itself, that my fingerprints did not match any of the 15 possible suspects randomly selected by the computer nor my prints matched the sole fingerprint collected at the crime scene. But most importantly of all, it was shown to the jury, without doubts, that the Fingerprint Work Logs of Latent Examiner Joel Geller, had been tampered with and altered.
Equally proven, was the fact that in the case of victim #2, the victim knew who I was and for that reason she was able to identify my picture. But more importantly of all, was the fact that it was scientifically proven and shown to the jury during the course of the trial, that the remaining seminal fluid, extracted from her vagina, although belonging to me, was already non-motile or dead. This of course, scientifically confirmed the undeniable fact, that our consensual sexual encounter, had taken place almost two weeks before the crime was ever committed, not on the day and time the victim claimed her fabricated attack.
As to victim #3, there is clear evidence now, after the first two trials were held, showing that without the false statements linking me to all these three cases by way of alleged fingerprints match, victim’s identification and DNA computer hits. There would not have been enough evidence to support Det. Steven Geller’s Probable Cause Affidavit to Arrest me in this particular case. Henceforth, since the very own face of the combined records, as shown above, had proven the untruthfulness of the actual Probable Cause Affidavit used to arrest me, we can now move on to the next page of this website, which involves falsifying, tampering with, planting on, and manipulation of the evidence containing DNA material.
It is with this frame of mind and while being able to witness the corruption and misconduct exercised by the Coral Springs Police Officer, Latent Examiner Joel Geller–as he claimed a false fingerprint match with my fingerprints; and the Plantation Police Officer, Det. Steven Geller–as he wrote the under oath statements to arrest me, together with the fact that there is a single piece of inculpatory circumstantial evidence in this case–one stain of seminal fluid allegedly found on the victim’s green fitted sheet, what makes this case so controversial.
However, on a separate page titled: “Ernesto’s Hypothesis of Innocence,” I will maintain my focus exclusively on explaining and answering multiple relevant questions that could not have been explained, answered and/or shown to the jury at the time this trial took place in the year 2,000.
#1 Det. Steven Geller’s Probable Cause Affidavit to Arrest me
DNA MANIPULATED CONVICTION 
