Pensacola Youth in dire need of an Attorney to Seek Justice. Daniel Carter's Trial Delayed due to his Attorney's Death

Pensacola, Florida June 25, 2003 — Daniel Carter turned 16 last week and instead of spending it with friends, going to school and learning to drive, he continues to be housed at the Escambia County Jail waiting for his day in court.

Daniel has been charged with premeditated first-degree murder for the death of his uncle, Jack Carter. If convicted of that charge as an adult, Daniel will be imprisoned for the rest of his life.

Abandoned and alone, Daniel is not only concerned about his future, he is also mourning the loss of the only father figure in his life during the past year, his attorney, James Stokes who unfortunately passed away last week. Stokes became a good friend to Daniel. They often played chess and Stokes gave Daniel his own watch as a birthday present. Before his death, Stokes was committed to getting Daniel acquitted on the charges against the young boy.

Daniel was had just passed his 15th birthday when he was in an altercation with his uncle that resulted in his uncle's death. The circumstances of this "crime" are quite clear, and unequivocally point to a claim of self-defense.

Florida Law (§ 776.012 of the FSA) allows the use of deadly force to protect oneself or another from a threat of death or serious injury.

In all the rhetoric produced by this crime, Florida prosecutors apparently overlooked several facts that indicated that Jack Carter was clearly the aggressor.
    While Daniel Carter was asleep in his bed, Jack Carter, a body builder, broke down a locked bedroom door, armed with a mag-lite, a knife and rope to spread-eagle Daniel and mutilate him. (Concordance between the threat and the act).
    An intoxicated Jack Carter threatened to castrate Daniel for a trivial act of mischief (a threat of mayhem).
    Jack Carter beat Daniel with the mag-lite (assault). During this altercation, a knife behind a television set became available, and the two of them fought over it. Daniel received "defense wounds" on his fingers before wrestling the knife from the bigger, more powerful Jack.
    In the following battle, Jack suffered multiple slice wounds, one wound being fatal.
Jack Carter was committing at least one and maybe several felonies, and Daniel had no place to go, no place to retreat, since Jack was blocking the door.

Until a lawyer is found to replace James Stokes, Daniel will remain locked at Escambia County Jail—alone. Daniel is being tried as an adult therefore; he is considered an adult at Escambia County Jail without any of the rights a juvenile is entitled to under Florida law.

The indifference to Daniel's needs while waiting to be tried as presumed innocent, is detrimental to Daniel's health, and the harm done to an already traumatized adolescent must be reversed by another arrangement while waiting trial.

The decision to press charges in the first place is highly questionable. If Daniel had really been an adult at the time of his uncle's death, typically charges would not have been pressed. The motivation to go ahead in this fashion is also questionable. Take away all the rhetoric, and this case appears to be a major miscarriage of justice. Daniel needs a lawyer to apply political pressure to encourage the authorities to use their prosecutorial discretion, and nul pros Daniel.

Sponsored by Kidsincourt:
Kids in Court is a children's advocate group that is against transferring youths charged with a crime from rehabilitation based juvenile courts, into the adult punishment based prison system. Kidsincourt members include Mothers, Fathers, Concerned Citizens, legal and medical professionals, former child prisoners and their families.

For more information, please visit www.kidsincourt.com and www.danielcarter.us or contact Donna Gallegos at 270-415-9955 or email savedanielcarter@yahoo.com.





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