At 36, I was convicted of a burglary and a rape I didn’t commit. I have spent the last 26 years wrongly convicted of these crimes. However, I want to spend the rest of my life encouraging prisoners to find God, look up to heaven and never detach from the true freedom that only God can provide us with.
The first time I felt freedom while in a maximum-security prison in Florida, was in the winter of 2004. That is when I found Jesus in my journey to solitude, confusion and desperation. I was told, at a medical camp, that I had a cancerous tumor in my stomach and that I needed to remove it. I declined the procedure, trusted God and went back to my original camp. While at that camp, I gathered together with a large group of Christians that were praying, singing and praising God for healing and liberation. Two weeks later, the tumor detached itself from the inside of my stomach and I threw it up in the middle of the night.
From that time on, I do relate closely with people who have been seeking healing and liberation through Christian gatherings, praying and fasting. Unfortunately, I know more than most people know about what it is like to face injustice. Arrested and imprisoned as a young adult man in Florida. I spent 3 years in jail and so far, 23 years in State prison for a crime I did not commit, fighting every single day for my exoneration. During this time, I have been battling, among others, the courts, police investigators, PTSD, COVID 19, memory loss, severe depression and the challenges of being poor and broke. I was 40 years old before I could understand the basis of the law applicable to my case. On the other hand, I had a hard time reading and writing in English. Today I am 58 and looking forward to being a free man. But with a sincere desire to mentor prisoners and advocate for the power of God to be manifested through myself and other volunteers that will bring the Gospel to the prison system. In many ways, my own story could be an inspiration to other prisoners who have lost their hopes for freedom. Except that I, who have been living years of wrongful incarceration have not yet lost my humanity. In fact, I am more determined than ever, to inspire other prisoners to see the next chapter in their lives. There is a true freedom that really overcomes any type of known captivity.
My Arrest
My ordeal began in April 1997, when I was at Disney World celebrating my ex-wife’s birthday with my daughter. It was 90 degrees in the shade at Disney World. Outside the hotel I could hear loud music playing and the noise of kids on their way to the park. My ex-wife, Michelle, was fixing bagels in the hotel room and my five-year-old daughter, Vanessa was enjoying it while taking a bath. I was 33 years old and taking a few days off work for the week. I was ready for a typical day of relaxation bringing them to the airport as they were hitting back to New Jersey after a four day weekend long in the Magic Kingdom. Those four days became the last four days I spent with my daughter. Our love, and the connection we once had slowly faded away and so was my whole world.
But then, on my way to the airport my phone rang. It was my ex-mother-in-law Adriana, asking if we were doing okay? Apparently, someone had called her and informed her that we were involved in an accident. Later on, I found out that it was the police making that fake call while trying to locate me. They wanted to take me down to the police station and arrest me for this current burglary and rape, which had taken place a couple of years earlier. I recall now, bringing my daughter to the Orlando Airport and kissing her, hugging her and telling her that I will be seeing her soon, now nearly three decades later, I still have a vivid memory of that day.
Between April 1997 and October 1997, I was on the run. I ended up in Las Vegas Nevada, where I was ultimately arrested. Nevertheless, while I was on the run, I contacted my Attorney at the time, Mr. James Greason, and I let him know that my DNA profile was at and retained by the Metropolitan Police Department Crime Lab in Miami, after a previous investigation had taken place on a serial murder/rape case, in which I had been wrongly investigated as a possible suspect as well. With the information I provided to my attorney, the Broward County investigators could obtain the DNA samples in the form of (oral swabs) and compare my DNA profile with the DNA collected at the crime scene of this case–in which I, for some reason, became a person of interest. Mr. Greason immediately passed this information to the Plantation Police Department Detective, Steven Geller. He then picked up the oral swabs containing DNA, and delivered it to the Plantation Police Department in Broward County. This was done with the sole purpose of comparing them with the DNA allegedly collected at this crime scene.
Eventually, I was arrested in Las Vegas, Nevada and taken to the Las Vegas Metropolitan Police Department for an interview. After declining to speak with the Detective in charge, I was placed in the Clark County jail and processed. In the meantime, Det. Clements went to the apartment where I was living with my then fiance, Siru. They collected all hers and my personal belongings, including: jewelry, clothing, shoes and the green bed sheets that were in the dirty laundry. Few days later they returned all Siru’s belongings, with the exception of the dirty green bed sheets. However, they never returned any of my property. Two or three days later, I was brought in front of a Clark County Judge for an extradition hearing proceeding. I immediately agreed to be extradited to Florida. Anyway, approximately a week later I was interviewed in the Clark County jail by Detective Hydu, from the Coral Springs Police Department in Broward County, in relation to a collateral case for which I was acquitted by a jury trial in June of 1999. However, the day after, I was taken out of the Clark County jail and brought back to the Las Vegas Metropolitan Police Department for a videotaped interview. The interrogation was led by two detectives by the names of Clements and Tight. They threatened me, telling me that I was never coming home if I did not tell them what they wanted to know. They also told me that they already had all the incriminating DNA evidence they needed and the identification of the victim to put me away forever. At that point, I was beaten, restrained and threatened by the Las Vegas Metropolitan Police Department, Detective Clements and by the Plantation Police Department of Broward County, Detective William Tight. After I suffered a series of verbal and physical abuse by these Detectives, because I was not confessing to the crimes, I was brought back to the Clark County jail with visible injuries for which I requested medical assistance. Few months later, I was extradited to Florida and placed in the Broward county jail, where I awaited three-years to stand a jury trial in this case. Ever since then, I have been fighting to prove my innocence.
Sometimes, I wish I could wear a T-shirt in bold letters, depicting the words “WRONGFULLY CONVICTED,” on the front of the shirt and on the back of it displaying the words “VICTIM OF DNA MANIPULATION.” The shirt would be an unambiguous statement on itself!
Four Days Before The Crime
On May 8, 1995, Dr. Guy Durand, extracted three cysts from my body. One from my abdomen, the second one from my lower back and the third one from my buttuck area. All the cysts were sent to the pathologist for a biopsy. This intervention required stitches on all three areas. Additionally, bandages were placed on each of the three extractions. I went to see the Doctor for a change of bandages, every other day. I was given a prescription for painkillers and I remained resting for a whole week. On May 15, 1995, the stitches were removed by Dr. Durand. This testimony by Dr. Durand was properly backed up by the internal documentation of his office and medical records related to this intervention. Of course, Dr. Durand’s testimony nor the documentation he presented at trial were ever refuted by the State.
The Morning Of The Crime
On May 12, 1995, approximately at 5:00 am, four days after my surgical intervention by Dr. Durand. I was staying with my girlfriend at the time, Paula. We were staying at Lighthouse Point Florida, approximately 20 miles away from the crime scene. On that specific day and time, I was sleeping in the same bed Paula was sleeping in, and I was under pain medication with stitches in my body and of course, still wearing three different bandages on my wounds. The victim and I never met before nor did we ever cross each other’s path. On that night of May 11th and the early morning of May 12th, 1995, I was laying sound asleep in Paula’s house. So it was impossible for me to be in two different places at the same time. This uncontradicted testimony by my alibi witness was not refuted by the State during trial.
My Trial
On March 17, 1998, I was formally charged with count 1- armed sexual battery while inserting my penis in the victim’s mouth; count 2- burglary of a dwelling with a battery; count 3- armed sexual battery while inserting my finger in the victim’s anus; and count 4- simple battery while striking the victim. I was sent to the notorious Pompano Detention Center in Broward County, a rat-infested metal modules type building that was shut down in the late 2000’s, after allegations of violence, abuse and infestation. There, I waited for approximately 14 months. After that, I was transferred to the Sixth floor of the Broward County main jail, a place for the most violent people. A place where we had to fight at least five times a day in order to survive. What is worse, I was stigmatized because of my charges, as a sexual offender. Slowly the months went by while I prepared and waited for trial. As the time went by, depression increased and so the doubts of ever experiencing freedom again. Important days in my typical calendars stopped existing for me. There were no birthdays or Christmas celebrations. Time stops all of the sudden and life is just paralyzed.
As I was still representing myself in this case, I filed a motion to dismiss counts 3 and 4 of the charging information. Neither charge was supported by the victim’s testimony given during hernunder oath deposition nor was evidence in support of such under oath allegations made by the Assistant State Attorney Mr. Dennis Siegel. Once the motion was argued in front of the Honorable Judge Cohn, he agreed with my argument and the State immediately dismissed those two charges from the information. Of course, a few days later, I filed motions requesting the Assistant State Attorney, Mr. Siegel, to be removed from my case, due to his manifested misconduct, in charging me under oath for crimes not supported by the victim’s factual testimony and/or without any evidence to support such accusations. But the court denied my motions in relation to his removal from the case. So I ended up going to trial on two counts instead of the four original charges.
My lawyers and I prepared for this trial still believing that the trial and its evidence would show that I was not the perpetrator of this crime. Among other factors, the victim and sole witness to the crime, had described the perpetrators as being a young male in his twenties, weighing about 160 pounds, approximately 5 feet – 7 inches tall and circumcised. At the time of the crime, I was 31 years old, weighing about 180 pounds, approximately 5 feet – 11 inches tall and not circumcised. But more importantly of all, I was never identified by the victim, as the perpetrator of this crime, and furthermore, the 11 fingerprints, 4 palm prints and one shoe print found at the kitchen window, where the perpetrator gained entry to the victim’s apartment and later on exited her apartment, were not mine prints.
My trial took place in September of 2000. Several witnesses testified on behalf of the State but on that day, just two people took the stand and testified about the DNA evidence in this case. Ms. Donna Marchese, the BSO Crime Laboratory DNA technician who conducted the analysis on the alleged inculpatory evidence of this case and Dr. Martin Tracey, the BSO Crime Laboratory DNA Consultant who reviewed and confirmed Ms. Marchese’s lab work and DNA matching conclusions. The defense did not rebut either one of the DNA experts in their fields of expertise. I did not have economical resources at the time to pay for a DNA expert to testify on my behalf. Based on the inculpatory nature of the DNA evidence testimony presented at my trial, the jury found me guilty. It is obvious that the jury disregarded every other piece of evidence and testimony offered on my behalf, and instead, believed the DNA evidence presented by the State, and the credibility attached to those expert witnesses’ testimony.
The trial lasted under three days. I was found guilty. But, the truth did not prevail, it did not come out. My side of the story was totally disregarded. I never got a chance to challenge the DNA experts’ credibility and/or their professional integrity. In fact, during the trial stage of my case in 2000, we did not have any knowledge of the bad character and the lack of professional integrity of the State’s DNA experts’ as we know about them today. Nor we knew then, about the BSO Crime Lab’s mishandling of the DNA evidence.
On November 13, 2000, I was sentenced to serve two concurrent life sentences for the crimes of armed sexual battery and burglary of a dwelling with a battery. Although the maximum sentence recommended by the 1994 Sentencing Guidelines was a sentence of between 8 and 16 years in the Florida Department of Corrections. The Court granted the State’s motion to upwardly depart from the recommended guidelines sentence, based on the fact that I had a prior conviction–which scored as a level 8 offense. The Court ultimately imposed two concurrent sentences of life without parole upon me. After extensively researching the State of Florida’s database on inmates previously sentenced under Fla. Stat. 921.0016(3)(r), (1994), it was discovered that I am the only inmate in the State of Florida, currently serving life sentences under subsection (3)(r) of the statute 921.0016, (1994).
When my mom heard the word “life” being pronounced by the judge, during my sentencing hearing, she was consumed with fear and terror. She was never the same person up until the day she passed away, April 28, 2014. But one thing I know for sure, she prayed intensively for me all those years while she awaited for my freedom to be restored. I, on the other hand, felt during the sentencing hearing, like I couldn’t breathe. Almost like I was having a heart attack, but without being able to show any emotion. I did not want to cause more anguish and stress on my mom, who was present in the courtroom.
Immediately thereafter, I commenced my post-conviction proceedings. Through the last 23 years I filed state, as well as, federal motions and the corresponding appeals, and every imaginable pleading there is. Nevertheless, everything I ever filed in the courts throughout the years, has been denied. In fact, in 2021, I was prohibited by the Fourth District Court of Appeal from ever filing another pleading, unless I am represented by an attorney. Well, I am indigent so the Court’s order prohibiting me from filing any other pleading in the courts, tacitly imposes upon me an indirect death sentence since I have been left without any possibility to have any further reviews of my conviction and sentences, by any other courts. Stated in a different way, without the economical possibilities to hire an attorney to represent me, I am just waiting for the day of my death.
My Imprisonment
After being found guilty. I was immediately taken to the Florida Department of Corrections “South Florida Reception Center.” After being screened and classified, I was sent to the Florida Panhandle area, to serve the first 12 years of my prison sentence. While in North Florida, I spent time in Calhoun Correctional Institution, Holmes Correctional Institution and Century Correctional Institution. However, in July 2012, I made it to South Florida Reception Center where they reclassified me and sent me to Martin Correctional Institution, where I still reside.
I saw my mom for the last time, a few days after my sentencing hearing. It was November 2000, my last visitation at the County jail. Eventually, she returned back to Venezuela, where she remained until the day she passed away in 2014. We talked on the phone as much as we could. But eventually she lost her mind and she could not remember anything anymore. It was very difficult to communicate with her. However, all the years that I did in North Florida, I did it without too much support. In fact, at that time, I only had one brother living in the United States. Everyone else lived in Venezuela. Nonetheless, my good loving friend and guardian angel, Mimi Rosales, wrote me a letter every single month of the first 14 years of my time in prison, and religiously sent me $50.00, every single month, no matter what. That was the greatest help and support I ever received back then. And each and every letter I ever got from her, was always full of love and neverending hope. I sure have no way to express in words how thankful and appreciative I am for all of her unconditional love, support and dedication.
My very first visitation in Martin Correctional Institution was in August of 2012, when Frankziska Kaltenbach and her daughter Natasha came to see me. It was something very special to me being able to see and share with free world people during visitations. Then little by little I was getting visits from a lot of different people, family and friends. And it was in 2015, when I got the best surprise I ever got. My daughter Vanessa came to visit me by surprise. After not seeing her for almost 18 years, I thought I was having a heart attack all over again. That day signifies the whole world to me. Many feelings went up and down inside me. I was so excited, confused and joyful, all at the same time. However, for many years I was isolated physically – and mentally. For a long time, I was hiding a secret. I had never learned to read well and/or write in English.
I was losing perspective of my case. I wanted to understand more about the law that applied to my case and how to be able to defend myself better. And I was lost out there, and I just wanted to convince myself that I was capable of understanding and interpreting the laws of this State as it applies to my case, and that motivated me to continue learning. I eventually started to help and assist other inmates with their own cases as well. Determined to be able to write the best I could in English and being able to argue my post-conviction motions without having to pay attorney’s fees, I started with Black Law’s dictionaries and legal terms, working with legal aids on how to write and argue claims, motion by motion. It was humbling at first, but I learned to be dedicated to this cause and started to learn fast. And as I got the hang of it, I did something for my self-esteem, and constantly practicing this way of living, became my mentally escape out of prison. This became my way to seek justice for myself and others in my position.
By the time I was 38 I started to write my own motions to the courts and was reading anything I could get my hands on from the prison’s law library. But becoming my own writer also marked a time in my life where I became more dependable and reliable to others who were in need of my abilities: I soon became known as a “jailhouse lawyer,” able to help others within the Institutions I was residing at. Later on, as I started to obtain favorable results from my arguments in the courts on other people’s legal cases, a good reputation followed me around the prisons I got transferred to. However, the sad part is when you start reading and seeing clear evidence of manifest injustice in people’s legal work. Whether is through ineffective assistance of counsel claims or simply illegal sentences imposed on them. Then you realize that there are a lot of other people being affected by these inevitable anomalies. Some people had been serving illegal sentences for decades without them knowing it. But all along the ride of comprehending injustice, I went from being heartfelt affected and feeling discomfort, to suddenly me becoming personally impacted, because I felt like I had to do something for them. Unfortunately, I noticed that increasingly, I was finding anger inside of me which was hard to control. Sadly, I became institutionalized to the point where I started letting that experience make me angry. I started being bitter there and started getting into depression and having feelings of impotence. I just could not possibly help everyone I encountered in my path.
Through it all, one thing kept me level-headed. To those in the prison, I may have been Ernesto Behrens, inmate number 732564, the “jailhouse lawyer.” But, with a law book in my hand and Christ Jesus in my heart, lying in any bunk, at any Florida Correctional Institution where I may be at, I always feel free, no matter what.
In the daytime, I began to participate in all kinds of Christian services. In no time, I became a qualified counselor myself, running my own community church program for other inmates in the dorms. At night, I would return to my cell where I would read nothing but law related materials so I had something positive to focus myself on. Amazingly, time will fly so fast some nights, that I would quickly start listening to the ever-present noise of the doors opening and closing, signaling the beginning of another day.
I remember writing, over and over again: my body may be locked up, but my mind and soul are always free… As I started understanding and making sense of what I was learning about the law, I became more and more convinced that eventually I was going to be free again. It was a matter of time! I kept dreaming that one day, my name would be called, followed by the words “pack it up,” meaning “you are going home.” On many occasions, I imagined seeing people I love coming to prison to pick me up. I am still waiting for that day to come. Even though many of those people I love are no longer here, I know without doubt, someone will pick me up!
In My Way To Exoneration
On October 27, 2016, the Broward County Prosecutor’s Office submitted its “Notice Pursuant to Rule 3.220(b)(4)” alerting me that on April 12, 2016, the Broward Sheriff’s Office (BSO) DNA Crime Lab was advised by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD) that there was inappropriate use of DNA calculations by the Broward County’s DNA Crime Laboratory. On a later day, I was also informed that the actual ASCLD report additionally revealed that multiple BSO Crime Lab analysis practices were incorrect and that the Crime Lab mishandled, misinterpreted, and miscalculated samples that contained DNA from more than one person. Then, as I was in the middle of investigating the allegations made against the BSO Crime Lab. I also discovered that on December 24, 2016, BSO Crime Lab Consultant, Dr. Martin Tracey, was terminated from his 33-year job as a teacher at the Florida International University (FIU) amid accusations of bias, racism, sexism and particularly because of his regular comments about drones and planting DNA evidence.
On a later investigation initiated by Forensic DNA Consultant Tiffany Roy, it was revealed also that Dr. Tracey’s work was central to Ms. Roy’s published concerns because he had reviewed DNA from a knife, from an unrelated case, that was erroneously found to be conclusive by BSO Crime Lab when it was actually inconclusive under the ASCLD rules and protocols. These new facts, of course, became directly relevant to my case because they involved the same crime lab that performed DNA testing on the sole inculpatory evidence in my case. And also involved the State’s DNA expert who testified at my trial, Dr. Martin Tracey.
It was sometime around January 2017, when my friend Frankziska Kaltenbach decided to get in contact with the Forensic DNA Consultant, Tiffany Roy. Frankziska contacted Ms. Roy by phone, and immediately, as soon as she heard that my case involved the BSO Crime Laboratory and the DNA Consultant Dr. Martin Tracey, she agreed to review my case. A couple of weeks after she received the paperwork that she requested from us and knowing that I was an indigent defendant. Ms. Roy was kind enough to agree to help in my case Pro Bono, (without receiving any economical compensation from me). Ever since, Ms. Roy has been supporting the idea of retesting certain items of my case that allegedly contained DNA but were tested with old fashion procedures and/or items that were never DNA tested before. Her unconditional support to my cause, has been extended to having the DNA evidence tested and analyzed by her own independent Laboratory when it becomes necessary. Additionally, she has always been ready to assist anyone who might be interested in helping me with my case. In fact, as part of her loyalty to my cause, she took the initiative to contact my former attorneys Mr. Ty Terrell and Ms. Andrea Tronberg. Both of my former attorneys immediately contacted Frankziska Kaltenbach and made themselves available to us. There is absolutely no way I could ever express in words how thankful I am for Ms. Roy, Mr. Terrell and Ms. Tronberg’s sincere gesture of kindness, while trying to help me in such an unconditional way.
At the same time, the Office of the Public Defender in and for Broward County offered to help me as well. They drafted a generic motion to challenge the BSO Crime Lab’s mishandling of the DNA evidence in my case—which I read, signed and ultimately filed with the court. Nevertheless, days after I submitted that motion, the Honorable Judge Andrew Siegel immediately denied the motion. Although, at first I appealed it. Eventually, I voluntarily withdrew from the Appeal Court because the motion was not facially sufficient. Nevertheless, the Public Defender’s help and Ms. Roy’s unconditional support, were direct inspiration for me, to file my own motion for post-conviction relief pursuant to “newly discovered evidence.”
So immediately after Frankziska had the first few conversations with Ms. Roy, I was able to put myself in the right direction. I started my research and investigation by focusing exclusively on the evidence collected at the crime scene, and the sole inculpatory evidence of this case–the victim’s green bed fitted sheet which allegedly contained DNA. So, I started by attempting to locate the entire evidence that was introduced in my trial. Weeks later, I was able to find this evidence, which was retained by the Clerk of the Court in their evidence vault. My next move was to submit a Public Records Request directly to the BSO Crime Lab with the intention of establishing a proper chain of custody on the inculpatory evidence. Specifically, because the BSO Crime Lab was the sole custodian of the evidence that allegedly contained DNA in this case, as well as, the sole custodian of the DNA evidence in the collateral case for which I had been already acquitted.
Right around the summer of 2018, Frankziska had published her website telling about my story and soon thereafter, Siru, my ex-fiance came across the website and read the facts of my case—which she did not know the details of. However, when she realized that there was a green fitted sheet involved in this case, she immediately wrote a comment on the website and contacted us. After having a conversation with her and finding out that the Las Vegas Metropolitan Police Department had taken our green bed sheets from our dirty laundry during the search of our apartment, without consent and without ever returning them back to us. She wrote an under oath affidavit giving the details of this search that took place in our apartment in Las Vegas, Nevada, and how those sheets disappeared from the dirty laundry. I, of course, incorporated this newly discovered evidence I got from Siru, and attached her under oath statement in support of my claim. The Court completely ignored the substance of her under oath statement. However, a DNA test on those sheets taken from Las Vegas, will reveal the presence of my DNA, as well as the DNA of Siru. This new fact became important in my case because a previous disclosure by the State, on the victim’s green bed fitted sheet, had revealed that her DNA was not detected on the sheets, only mine DNA was allegedly present. This important fact brought to my attention that by retesting the DNA on the sheets preserved in the Clerk of the Court’s evidence vault, could easily clarify my allegations about tampering with/planting on DNA evidence. As simple and as easy as obtaining the following results:
If DNA belonging to Siru and myself is to be found on those sheets, it will prove, without doubt, that those sheets were the ones taken from Las Vegas, Nevada. However, Ms. Andelin was not even in the United States when this alleged crime was committed in 1995. This way, only one conclusion is possible under the facts, that the sheets had been switched, and therefore, proving my theory of tampering with/planting on DNA evidence. On the other hand, if DNA belonging only to me is to be found on those sheets, without traces of the victim’s DNA, it will prove, without doubt, that those sheets were tampered with and furthermore, that my DNA was planted on them. It would be unimaginable for the victim’s green bed fitted sheets not to have contained her own DNA after sleeping nude on it for over two weeks. In fact, had degradation and/or contamination occurred to the point where the victim’s DNA profile was not present on her own bed sheets, no other person’s DNA profile would have been found either. Stated in another way, degradation would not only have affected the victim’s DNA profile but not all DNA profiles on the bed sheet—the victim’s as well as the suspected assailant’s.
Thus, the question still remains unanswered, how my perfectly non-degreated/non-contaminated DNA could have been extracted from such a degraded/contaminated piece of evidence? Well, today I am going to go further, so there are no misunderstandings. My DNA—in the form of seminal fluids, was already in the custody of the BSO DNA Crime Lab before this case ever came to exist. It was retained as evidence in the BSO Crime Lab’s evidence freezer by Ms. Marchese, after it was extracted from one of her previous 1993 cases—in which I had been accused but eventually acquitted at a jury trial in 1999.
It is important to emphasize the fact that the only individual who worked on both of my cases, where the alleged DNA match was found, and who DNA tested both of these cases, was DNA technician Donna Marchese. And ultimately, it was Ms. Marchese, who conveniently and out of the blue, was able to obtain a “DNA hit” or “DNA match” between two of her own cases—making me the same suspect in both cases. Interestingly enough, even though my DNA profile has been processed by the FBI, FDLE, Miami-Dade Crime Lab, Palm Beach Crime Lab and multiple other law enforcement agencies around the country, before and after these crimes were committed, there has never been a DNA match between my DNA and any other DNA found in any crime scene around this country, or for that matter, anywhere in the world. Instead, the sole and only match of my DNA ever obtained by a law enforcement agency was mysteriously found at the BSO Crime Lab and conveniently by DNA technician Donna Marchese in two of her own work product cases.
Therefore, it is my conclusion—after two decades of researching all probable and possible scenarios related to the mishandling of this evidence, that the tampering with and/or planting on the DNA evidence in my case was the result of Ms. Donna Marchese’s unprofessional and reckless disregards for the truth. In fact, it was Ms. Marchese who performed all DNA testing in my two cases. It was Ms. Marchese who obtained the alleged DNA hit between two of her own cases. It was Ms. Marchese who requested the assistance of Dr. Martin Tracey in this case. It was Ms. Marchese who testified in both of my cases about the DNA evidence testing and procedures. It was Ms. Marchese who testified under oath in this trial, and who also got impeached by the Assistant State Attorney during trial, in reference to the broken chain of custody of the only inculpatory evidence of this case. And as a matter of fact, Dr. Tracey was Ms. Marchese’s teacher at the Florida Atlantic University (FAU). It was Ms. Marchese who testified against me at trial and it was Dr. Tracey who corroborated Ms. Marchese’s DNA testing procedures and conclusions during trial.
Interestingly enough, BSO Crime Lab Administrator Coordinator, Diana Edwards, responded to both of my January and February 2019 Public Record Requests. These responses unambiguously revealed to me that the green bed fitted sheet—contrary to what DNA technician Marchese had testified during her depositions and while being impeached by the prosecutor during her trial testimony—this green bed fitted sheet, was never logged into the Crime Lab vault. Instead, on two different occasions this particular piece of evidence was unaccounted for the following terms: June 30, 1995 to October 8, 1995 and from February 1, 2000 to June 29, 2000. Both times in excess of 100 days. This relevant fact, of course, goes directly to the DNA technician Ms. Marchese’s credibility at trial, and to the probability of tampering with/planting on the DNA evidence presented at trial.
In fact, a simple comparison with how other evidence in this case were handled, for example (the rape kit) which was properly handled according to the BSO Crime Lab’s rules and protocols, makes it easy to differentiate how the green bed fitted sheet was mishandled, and of course, raises the question of tamparing with/planting on DNA evidence in this case. Specifically, by looking at the Plantation Police Department chain of custody receipt, in relation to this (rape kit), as well as, looking at the evidence logs kept by BSO Crime Lab, together with the responses that were obtained from Ms. Edwards. It is crystal clear that both locations’ paperwork conceded in how this (rape kit) was submitted, received and logged in into evidence, in compliance with the BSO Crime Lab’s rules and protocols. However, it also shows how the green bed fitted sheet was mishandled in this case, contrary to the BSO Crime Lab’s rules and protocols but more importantly, contrary also to how it was testified to the jury by Ms. Marchese during her under oath testimony at trial.
Unfortunately, this motion pursuant to “newly discovered evidence,” dragged in the court for almost three years before the State submitted its response to my motion. The day after the State submitted its response, Judge Andrew Siegel immediately denied my motion. Because of the reckless disregard for judicial actions expressed by Judge Andrew Siegel in my case, and because of his constant denials of my pleadings, I sought the intervention of Governor DeSantis in my case. After receiving guidance from the Governor’s office, and discovering that my appointed Judge Andrew Siegel and my former prosecutor Dennis Siegel were blood related and there was a clear case of conflict of interest, I immediately moved to recuse him from my case. Judge Siegel denied my motion to recuse him. I appealed his denial. The Fourth District Court of Appeal eventually granted my motion and ordered the Clerk of Court to appoint me a new circuit judge. The Honorable Judge Michael Usan was appointed in my case. This new judge, within 30 days of being appointed, reviewed my three year pending motion for newly discovered evidence, totally disregarded my Forensic DNA Consultant’s Report attached to the motion and summarily denied the motion adopting the previously denial order entered by judge Andrew Siegel. I appealed his decision and the Fourth District Court of Appeal per curiam affirmed. Furthermore, the Fourth District Court sanctioned me because my motion was legally insufficient and untimely filed. Additionally, I was prohibited from ever filing another motion without the representation of an attorney. Thus, ever since I was barred from filing further pleadings to the court, I have been waiting on the Broward Conviction Review Unit and/or the Innocence Project of Florida to accept my case for review.
The Conviction Review Unit Application
In 2018, I first applied for the Broward Conviction Review Unit to review my case. However, because I had a motion pending in the circuit court at that time, my first application for review got nullified. I later on resubmitted the petition on October 20, 2021, after coming back from the hospital where I was fighting COVID 19 and almost died. Then on July 6, 2022, I was informed that due to the delays caused by COVID 19, I would have to wait at least another year before I hear any decision on whether my case would be accepted or declined for review.
Lately, since I returned from the hospital–where I was fighting COVID 19, and unfortunately, not having been able to freely litigate my case–for the first time in 26 years, together with the unexpected lost of my sister-in-law and my brother, due to COVID 19 complications and cancer, I have been struggling with memory lost and depression at the same time. Nevertheless, in August 2023, I finally got some long-awaited good news. The Broward Conviction Review Unit (CRU) began looking into my case and accepted to review my case. The CRU conducts an initial screening process to identify plausible claims of innocence on behalf of convicted defendants. For claims that merit review, the CRU then conducts a more detailed investigation of the claim. The CRU consists of dedicated attorneys, investigators and support staff. (Although, I still remain behind bars. There is a great sense of certainty that a breakthrough in my case is about to happen). In fact, it should be easy to eventually detect that the unprofessional pattern and practice conduct of DNA technician Donna Marchese, in this case—which should be a clear manifestation of disregard for rules, law and the truth, should be enough evidence that our judicial system has been undermined and compromised and therefore, should give sufficient cause for a new review of the evidence and facts in this case. I am hoping for the court to eventually overturn my conviction and sentences, and for a new trial to be ordered. After over 26 years in prison, I wish I could be released on bond while pending a new trial. However, there is no doubt in my mind that my own day in court will come. I am waiting for the moment that the State Attorney’s office announces that I have been wrongfully convicted. In fact, all I want is to be able to say: “I am an innocent man, and I told you so.”
The Conviction Review Unit’s Conclusion on my Application
On February 1, 2024, Assistant State Attorney Sarah H. Gresham wrote me a correspondence that I received a couple of weeks ago. The short letter is titled “Status of Petition Review of Conviction” and states, in pertinent part:
“The CRU has reviewed your petition, case file, DNA reports, letters, and every attachment or exhibit provided. The CRU has determined that you are not innocent. We are not able to help you. The CRU reviews cases where the petition establishes a plausible claim of innocence that is capable of being investigated and resolved. This concludes the review of your petition.”
I wish I could describe the deep sense of disappointment I am experiencing right now. However, it is just impossible to explain what I am feeling in words. It is an indescribable feeling of frustration, and it is most definitely extremely painful to deal with it as well. Nonetheless, I would most definitely like to take this once-in-a lifetime opportunity to express the reasons for my disappointment.
Being a wrongfully convicted individual for the last 27 years has enabled me to figure out my next legal battle’s disappointment. Each new experience I am confronted with is painful but allows me to explore and focus myself on new hope techniques. However, I wish to express my dismay for the appalling treatment I have received as a wrongfully convicted individual, who has been trying to prove his innocence for almost three decades. In fact, I first applied for my conviction to be reviewed by the Broward County Conviction Review Unit back in 2018. I have patiently waited for six (6) years to obtain a fair look at and a meaningful review of my petition or case, however, I did not achieve any positive result.
Nevertheless, my intention in writing is to vent my frustration over the whole situation and to address it. I am writing this letter to complain about the lack of ‘’integrity” and ‘’commitment’’ of the Broward Conviction Review Unit and its need to develop better work ethics so it is able to deliver what the Broward Conviction Review Unit has been created to do.
I am writing to express that the Broward Conviction Review Unit should consider the very sensitive conviction review it provides and recognize that its conviction review is dependent on the trust that the participant defendants have in it when they engage, authorize, and consent for their convictions to be reviewed. Thus, the Broward Conviction Review Unit’s work ethic and pride in what it does are paramount, as is possessing a deeply ingrained sense of a good, meaningful, committed, and integral conviction review process, not just choosing and leaving out or ignoring necessary scientific testing procedures that should be performed on specific available evidence that may clear the participant’s wrongful conviction that he or she is currently complaining.
As stated in another way, the Broward Conviction Review Unit should conduct all possible scientific testing that might be available in any particular case in which there is available evidence for testing. This way, satisfying the participant’s last opportunity of his or her life to prove his or her innocence. In fact, by the Broward Conviction Review Unit limiting itself to just reviewing the very same evidence that was used to convict the defendants in the first place—as it was done in my particular case, and not pursuing DNA testing on different but available evidence that was never DNA tested with newly developed and more modern scientifically advanced DNA testing, as well as, ignoring the processing of the available finger and palm prints collected at the crime scene almost 30 years ago—at a time when there was not enough available data to point out to whom those prints belonged to, the Broward Conviction Review Unit, simply corroborates the already obtained wrongful conviction I am so vigorously disputing. In other words, the Broward Conviction Review Unit is not moving towards overcoming my wrongful conviction but instead affirming it, ignoring this way, the very purpose of why the Broward Conviction Review Unit was created in the first place.
A wise person once said, “Always render more and better service than is expected of you.” This statement is something I strive for at all times, but I believe that there should be a certain standard for everyone. In this scenario, both parties (defendants and conviction review units) are in a position to conduct a transaction; one is in need of a conviction review, and the other is in the capacity of providing the conviction review that is needed. Therefore, both parties must be cordial and respectful. Yes, every case that applies for conviction review will not ultimately be a good case for review; not every case qualifies for the strict and discretionary standards of conviction review every time, but in general, the rule needs to be one of professionalism, respect, and integrity among the two parties so that everyone is satisfied at the end of the transaction. One will prove he or she has been wrongfully convicted, and the other will put an end to such a wrongful conviction.
The strength of our criminal justice system depends on its ability to convict the guilty and clear the innocent. But we know that innocent people are sometimes wrongfully convicted, and the guilty remain free to victimize others. The consequences of a wrongful conviction are far-reaching for the wrongfully convicted and the survivors and victims of the original crimes. In fact, to examine the impact of wrongful convictions and better understand their needs, in February 2016, the National Institute of Justice (NIJ), along with its partners in the Office of Justice Programs (OJP) and external organizations, hosted listening sessions with victims or survivors of crimes that resulted in wrongful convictions and individuals who have been exonerated. Both original victims and exonerees described the need for specialized services after a wrongful conviction, but usually they did not have access to these services. Therefore, while there has been substantial attention devoted to the causes of erroneous convictions, there has been limited focus on what happens after an exoneration occurs. The NIJ is dedicated to using science to learn about the causes and consequences of wrongful convictions. Only with this understanding will we minimize these miscarriages of justice, support victims, and restore their confidence in the justice system.
In sum, the CRU was 100% able and capable of helping me prove my wrongful conviction during the latest conviction review—which they allegedly conducted in the last seven (7) months. Nonetheless, the CRU completely ignored the undeniable fact that newly and more scientifically advanced DNA testing has to be performed on at least the still existing evidence that was never DNA tested before. Additionally, the CRU equally refused to process the finger and palm prints through the AFIS computer software, in order to further ignore my current pleading about being wrongfully convicted.
Thus, contrary to the Broward Conviction Review Unit’s ultimate conclusion, I seriously doubt there is any other petition filed in Broward County that could ever be more persuasive in trying to establish a plausible claim of innocence, and that could ever be more adequately capable of being investigated and resolved than my petition. Therefore, the CRU’s termination of my petition’s review, without contacting any of the parties involved in this case (defense attorneys, alibi witness, defense Physician, defense DNA consultant, myself, etc) and furthermore, without conducting the requested scientific testing procedures on the still existing evidence that was never DNA tested—together with the CRU not having adequately processed the finger and palm prints collected from the crime scene utilizing the AFIS computer software—knowingly that neither testing I requested would have created any additional economic burden to the State of Florida, seems extremely unfair to me. Specifically, where all I have been trying to do for the past three decades, is to conduct an adequate DNA testing and a proper finger and palm print processing of the collected evidence. In other words, all I am trying to do here, is to show that a manifest injustice has occurred in my case and that I have been wrongfully convicted!
My New Chapter
This new chapter in my life unfolds every day that goes by. However, I know that there is no greater knowledge than knowing that I exist to achieve specific purposes—and of course, this knowledge is what should give me purpose in every single day of the rest of my life!
Through my life experiences–good or bad, I eventually find everlasting joy, not happiness!!!
Sincerely yours,
Ernesto Behrens.
DNA MANIPULATED CONVICTION 