Aneatra Pogar -- #975763
25 Years -- Prescription Drug Conspiracy
In The Circuit Court Of The 18th Judicial Circuit In And For Brevard County, Florida
Aneatra Pogar v State Of Florida
Motion To Reduce Sentence Pursuant To Florida Rule Of Criminal Procedure 3.800 (C)
COMES NOW, the Defendant, Aneatra Pogar, pro se', pursuant to Florida Rules of Criminal Procedure, Rule 3.800(c), moves this Honorable Court to reduce the sentence in the above referenced case and in support thereof submits the following:
Your Honor, my appeal on my 25-year sentence was affirmed on June 9, 2009. Along with the 5th D.C.A.'s affirmation, my public defender sent a letter stating I can do a 3.800 Motion within 60 days and a 3.850 Motion within 2 years. As of June 9th, I no longer have any legal representation. Therefore I have to do this on my own.
I have asked here at the institution how to do a 3.800, and in short it is called a "beggars motion". To beg you on paper seems so difficult. For me to convey to you my feelings and to prove to you on paper that I am not a person who deserves this sentence, that I am an asset to the community and most of all that I am a good mother, daughter and overall person who should not be left in the D.O.C. to die. This is the hardest, most important thing I have ever done and if I fail it will not only be wrong, it will destroy several lives.
I just received my transcripts and as I read them I have read things that are not true. I assumed at the time I tried to pay close attention to every word. But, due to my emotional state I guess I really didn't know what was going on. That is my fault. At my sentencing, the court stated "hadn't I already been to prison 3 or 4 times?" After reading this I decided this is where I need to start this Motion.
Your Honor, I have been to prison once. When I was 17 year old, I had become pregnant with my first "real" boyfriend. My mother despised this for many reasons. I was too young, and he was always in trouble. She had plans for my education; I was an honor student who had never been in any trouble. But most of all, since I was 8 years old I've only had 60% of one kidney total function, so to be pregnant was a great risk. After the Dr. told us this and advised us due to the risk, an abortion was a choice to heavily consider. My mother was very scared that my decision would kill me. So as a way to deter me she went as far as to kick me out. At 18 years old I was pregnant, and on the streets with no way to support myself. I was too scared to do any kind of stealing with the exception of using my checkbook. I would buy things for people with my checks and they would give me a fraction in cash so I could buy food and sometimes a place to stay. Both my boyfriend and his friends would use the fact that I was naive to their advantage. My mother allowed me to come home and I gave birth to a beautiful daughter, Gabriella. Six months later I was arrested. I sat in the Brevard County Jail for about a year to allow the checks to come in. In July 1995, I was sentenced to 60 months D.O.C. (as a youthful offender). I have my own beliefs as to this period in my life. I used to pray to die because my boyfriend would beat me up and do such awful things. I prayed nearly every night to let my daughter live and let me die in delivery. So to me God took me out of the "world" to show me that is not what I really wanted.
The whole year I was in the Brevard County Jail, I spoke to the youth at both the Scared Straight and the JASP programs. At the time more than anyone else had, I tutored adults and helped many to obtain their G.E.D. I went to a Youthful Offender Prison and never fought my sentence. I was guilty and deserved punishment. At the time of sentencing, Judge Richardson thought I would receive C.R.D., and I could do a year or so. I was released 3 1/2 years later in January 1999. I had missed C.R.D. I never had any D.R.'s. But to me it was all for a reason. I vowed to myself two things, 1) never to pray to die and 2) to never get in any kind of trouble. Your Honor I did not break either of these vows.
From the time of my release I used my time constructively by working and educating myself further. I have never been fired or lost a job, I always moved up. I have held many manager positions at the Renaissance Grille in Titusville, and Ruth's Chris Steakhouse in Ponte Vedra. I owned a mobile detailing business. I then went to work for Bill Langston at Cherokee Divisions, Inc. in purchasing. I had already obtained my carpentry license and went on to pass the real estate appraisers, and then the real estate sales. He then sponsored me to obtain my general contractors, home inspection and mold remediation licenses. Everything was scheduled and paid for.
In June of 06, a close friend who was staying with me at my mothers was in a terrible motorcycle accident. It happened on U.S. 1 in front of the New Life Church that I attended, at the Tico Airport median. He was pronounced dead but was revived and airlifted to Holmes Regional Hospital. He was in a coma for a long time and underwent several surgeries. Since there was no one to take care of him, I made the choice to stop working and care for him, instead of him going to a rehab. I brought him home and learned how to care for him and his many wounds and surgeries. In November 06, he had healed well enough that he moved out. At that time, I had to start to look for employment. Around this time is when I was introduced to Dione by my friend Lisa. Lisa had been working for Dione. They told me about the business Exceptional Management. I was encouraged to apply and take several tests for employment. The tests took several hours and were done through the parent company, Profiles International. (All of the tests are recorded). I did very well and scored even better than Dione. I was very excited, especially when Dione said she was going for her General Contractor's license as well.
During January and February 2007, Dione was looking for an office so she could move from the small office she occupied on her mother's property. The reason I am going into all of this is so you know my perception and reasoning. To me this all seemed legitimate. I was excited and believed that this was all going to be wonderful. We found an office and signed the lease March 1st. It still seemed normal as we moved in and set up business accounts for our phone, Internet, etc. Everything a "business" would do. Dione gave me training manuals to learn and we went over several client folders she had previously obtained and prospective clients who were interested at some point such as Ron Norris, McCotter Ford, and several other local businesses. Dione told me how she had once been a member of the Chamber and how she used to work at AG Edwards, Bogins, Munns & Munns, and at Central Florida Reception Center Prison, all in Orlando. She never told me of her previous run-ins with the law, but I never asked. There was a point when I realized something wasn't right. At that time, I did what I thought I should and got out. I asked if I could work from home, and Dione had no problem with that. I believed that I wasn't wanted around anymore than I wanted to be around.
I have proof of most everything, but anything I lack in proof can be answered from the record. Like in all of the 1100 hours of surveillance how come I am not on any of it -- because I wasn't there. And if I was anything more than an employee, how come I never filled any prescriptions or had any part in making them or sold any pills? Because I was not involved in that.
Your Honor, you sat through my trial and the difference between you and the jury is this -- you know the law, you know that the fate of every co-defendant who testified was on probation and or a suspended sentence. You know that besides those co-defendant's statements, the only evidence against me was the one ride to C.V.S. given to Robert Lee. That was observed by D.E.A. agents Shaun Anderson and Carolina Johnson. Where the driver sat in the minivan while he went in and filled a fake prescription. Was it me? Was it his wife? Who on the record was with him the one time he got arrested in Oviedo, doing this very same thing? Could it have been his wife, who on the record left a note admitting her driving to do this very crime? And who according to statements his wife who filled more prescriptions than those charged in this crime, yet she was never arrested.
I can't honestly tell you whether it was me or not. I had driven him to Sanford. His license was suspended and the company he worked for is located in Sanford, and he did modeling there. So truthfully since my arrest wasn't until 6 months after the date this happened, I can't argue it. I can prove according to the record that I never filled one prescription, never made a fake prescription, or never sold one pill. I wasn't accused of any of this; I was accused of giving one ride and waiting in the car. It all comes back to two things, 1) Co-defendant's statements, and 2) The one ride.
I can't blame any of my co-defendants for taking a "deal" to testify. It's primal instinct to save your life over another and that is what happened here. Each and every co-defendant who testified could be impeached. There is a recorded jail phone call where Lisa stated on June 28, 2008, that "the State told her to lie and what to say." For her freedom, I'm sure that was a small request.
The ride to C.V.S., whether it was me or not, the officer said it was so l can not argue that. But do you really feel that constitutes 25 years? Especially taking into consideration that the person whom I supposedly gave the ride to. Who went into a C.V.S. used a fake name, passed a fake prescription and obtained a controlled substance. This person who was videotaped doing this other times and admitted to doing it several times per week? He received probation which terminates 11/3/2011.
In the transcripts, there was talk of a plea deal I was offered. I was offered a deal at the jail. There are several issues about that whole situation, and since I don't want to misconstrue it, I will say this; if you were charged with something and you believed it wasn't right, what would you do?
At out first appearance October 24, 2007, every co-defendant received the 61 page Affidavit of Information by mistake. The entire jail had access to read this and could offer a believable testimony in order to obtain a "deal." That same Affidavit of Information served as a "script" in my trial.
My reasons for telling you all of this is not to victimize myself, but I do believe there are things you are not aware of. I've come to learn that the only thing that the legal system has to utilize is paperwork. If I don't bring things to your attention you will never know.
In my quest to learn how to do a 3.800 Motion, I was told I needed to ask for a reasonable alternative sentence. In doing that, I can only ask you to take me into consideration and to do that you would have to know me. I can in no way portray that I am perfect. And as much as I would like to say I am an addict and try to seek some type of non-prison rehab, I can't. I am however too trusting and seem to believe people and always want to see the good side. I have always put others first. And although these qualities sound good, they have been my downfall.
Most importantly is to tell you about my family, I come from a good family. Due to me being an only child, I was raised by older people, so I've always been more mature than most. My family was always very big in helping the community. Up until when my Uncle Sam died, we would deliver food for Meals on Wheels and go to the sharing center to help feed. Most of my family passed within a short few years of each other. So now it is basically my mother, her boyfriend of over 30 years, and my two daughters. This brings me to why this sentence affects more than just me. My mother is 62 years old -- she is the most wonderful person in the world. She has sacrificed her whole life for me, she was a single parent since I was very young, and she would work overtime, some times 7 days a week and even changed shifts to the middle of the night for a few cents extra an hour when she worked at McDonnel Douglas. She did all of this just so I could have nice things. When McDonnel Douglas closed, she had worked there for 22 years, so it was hard to find work that she was qualified to do. She currently works at Aero Electronics, and has for the past 7 years. I can't explain how close I am to my mom; I have always lived with her or close by.
My two daughters are having a very hard time. My oldest, Gabriella, is 15 years old. She gets made fun of because of the situation and she is at the age where she needs a mother, not a naive grandmother. My 7-year-old, Alyssa prays every night to wake up and I will be there. They both have been held back for the first time in school, and are both still in counseling. This whole situation in ruining them because they don't understand. And the sad thing is they don't even know that I may never come home.
My mother's boyfriend, Nick, has been a father figure since I was a toddler. He has done everything a father does; everything from feed, clothing, educating, buying cars, and even making sure Gabriella has braces. He is now 82 years old and is very, very sick. As of this past Sunday, he was back in the hospital. This is the time I should be there for him like he has for me all my life. I want to be there to help and care for him. My mom can't do much between working and taking care of my girls. That last sentence sums up so much.
If you find it fair to change my sentence, I will do whatever you see fit. Please keep in mind that I am 34 years old and 25 years will be a death sentence. I have serious health issues; I have 60% of one kidney total, I was also told by Dr. Richardo Henriques that I have cancer in both lungs. I had an MRI and a CAT scan done. Dr. Ramesh Mathur also had the results. I was supposed to get another MRI and CAT scan done in 6 months to verify before anything more was to be done. I never got to make that appointment, so the cancer I do not know anything more about it. But my kidney has been a long road with trips to Shands, Watson's Clinic, and numerous hospitalizations at Wuestoff. I have to go to an urologist often and all of this goes untreated here at the Institution.
Your Honor, I beg you for mercy, I beg you to please put me where I am needed and not in an institution where I am useless. I am not a person who gets in trouble, I have a clean record here at the Institution and I work in the Classification Department. I swear to you if you save my life, you will never get any negative feedback. You will only hear my name in positive situations that will make you proud that you chose a different path for my life. I would make it my mission to be a productive citizen in the community. I cannot put into words how thankful I would be for my freedom. Just the thought of me being home with my family makes my heart ache.
Everything I have said is from the heart and is all true. I wish I was better at this or could speak to you in person. Again putting everything on paper has been very difficult.
I will close with this; to me in this world you are as close to being God as one can be, you decide my life, my future, and my fate. The biggest difference is that God can see my heart and knows the truth. So it is so much harder for you because you can't. I pray that God helps to let you see that my heart is good and that is the truth. That way you can change my life, my future, and my fate.
Thank you for reading this and for your consideration in this matter.
Respectfully Submitted,Aneatra Pogar #975763