April 15, 2013 (rev4-30-13)
Dear Family, Friends and
Community:
Thank you so much for
your amazing and comforting prayers. My mother Charlotte G. Durante is
extremely grateful for the prayers and she also continues to pray for others in
need. My mother says she does not believe in selfish prayers and is aware that
other people may be facing trials and tribulations so each day she prayers for
many people.
As a re-cap, on Monday,
April 8th when my mother and I walked into the court room for jury selection
the court-appointed attorney Thomas Montgomery blindsided us by handing to my
mother a Motion to withdraw from the case. It stated in the Motion that my
mother had requested that he use a "strategy" that he cannot use
because it would be unethical. We did not know what Attorney Montgomery was
talking about because he never discussed any "strategy" with us. But,
Attorney Montgomery threw my mother under the bus by divulging that alleged
"strategy" to Judge Burton and the Prosecution Team. Montgomery's
Motion was denied by Judge Burton thus my mother submitted a Motion to the
Court to fire/dismiss Attorney Montgomery which Judge Burton also denied. Then,
Attorney Montgomery twice renewed his motion to withdraw which Judge Burton denied.
This is all a matter of public record. The sequential order of this situation
is important.
On March 21st, my mother
Charlotte G. Durante was released on House Arrest after her bond had been
lowered last month too. The following week on March 25th Attorney Montgomery
came to my parent’s home and met with my mother. Both my Dad (Kenneth Durante)
and I were there for the meeting. At that meeting, Attorney Montgomery said he
"looked at the evidence" and the Prosecution Team "doesn't have
anything" against my mother because this case is about allegedly owing
money, she did not recruit the alleged investors, etc. We then inquired about
why a trial is necessary and could Attorney Montgomery submit a request to the
State Attorney that the Charges need to dropped. Attorney Montgomery replied to
us by saying "I cannot do that because I have conflict of
interest because I worked on Attorney Dave Aronberg's (election) campaign for
State Attorney." We thought that reply was curious but did not
challenge it, at that time, because Montgomery reassured us about the trial.
Many news outlets have mentioned that the reason my mother wanted to dismiss
Montgomery because he has a conflict of interest with Dave Aronberg but that
conflict of interest is what Montgomery told us.
Attorney Montgomery did
not have to take this case back in December 2012. He agreed to accept the court
appointment.
Regarding some of the
witnesses and their testimony at the trial that started last week, Attorney
Montgomery never called any witnesses to speak on my mother's behalf other than me and my mother. However,
we kept insisting but he would reply "it's not needed" or he just did
not have an answer to us. He was given names of other people who could've
testified on my mother's behalf. We consistently kept asking him about it. He
said he only needed me and my mother to testify on the witness stand. And, my
mother and I had concerns that Attorney Montgomery never scheduled other expert
witnesses.
Furthermore, Attorney
Montgomery only met with my mother twice at her home for about 30 minutes each
time before the start of the trial on April 8th. The longest time that he has
met with us about preparation for the case was on Friday, April 12th during the
1-hour lunch break to talk with us about taking the witness stand. And, again,
we inquired about why no other witnesses were called to speak on my mother's
behalf. Since my mother's release, Attorney Montgomery was always in a hurry
when he met with my mother twice at her home. He always had to quickly leave
for another appointment, court hearing, etc. And, after each court hearing last
week or during the lunch break, he always had to quickly rush out and leave the
court with no time to talk with us about the case as we kept trying to inquiry
about other witnesses for the Defense, other documents that he should present,
etc. It was difficult to talk with him in person or on the phone about my
mother's case. Some of the documents that my mother provided included were
letters to some of the investors where the Museum's real estate transactions
were mentioned which was written confirmation that alleged investors knew about
the Museum's real estate transactions. My mother gave that document to Attorney
Montgomery and requested that it be presented as evidence but he never did and
again when we ask him questions sometimes he just does not answer or give an
explanation or he has to urgently leave the court room for another appointment,
court hearing, etc. Or, he would respond by
saying “…look…I know what I am doing…”
Literally, Attorney
Montgomery reviewed, for the first time, documents in the evidence file with my
mother in the court room while the trial was in session. During Attorney Montgomery's representation of my mother Charlotte G. Durante his actions against my mother and her case were deceptive, misleading, lacked transparency and he was always pulling-a-fast-one with us and he appeared to be cahoots with Judge Charles Burton and the Prosecution Team.
Also, the Attorney
Montgomery received a letter from my mother's primary doctor recommending that
due to health ailments that developed during the nearly 3-year jail confinement
and need for treatment that he does not recommend trial until after the 6-week treatment
program for my mother. That letter was sent to Attorney Montgomery directly
from my mother's doctor to be included with the Motion to delay the trial for 6
weeks so that my mother can get medical treatment. However, that Motion appears
to be a mystery because Judge Burton kept saying he never got it and he said
repeatedly that he needs a physician's letter. We kept asking Attorney
Montgomery about that Motion he said he prepared but he just replies "I
can't talk about that right now" or he just did not answer the question or
he has to quickly leave, etc. Attorney Montgomery never re-presented that
Motion or doctor's letter when Judge Burton said he never got it. In fact,
Judge Burton said that he was willing to allow a special hearing for my mother's
doctor to testify and Attorney Montgomery never said anything in response to
that offer and he never explained to us why he did not take advantage of that
opportunity for the benefit of my mother's health and her ability to stand
trial. Because of the lack of action from Attorney Montgomery, my mother then prepared her own Motion to include with the letter from the doctor which was presented to Judge Charles Burton but the judge refused to consider anything directly from my mother. We have asked for a copy of the medical Motion that Attorney Montgomery
said he submitted to the court but Attorney Montgomery has yet to provide it to
us.
On Tuesday, April 9th,
when my mother was taken to the Emergency Room at the Delray Beach Medical
Hospital, Judge Charles Burton made repeated phone calls to the medical staff
inquiring about when they plan to release mother Charlotte G. Durante because a
trial is supposed to start. The staff
commented that “the Judge just keeps
calling us about your mom.” Judge Burton just kept calling and
calling and calling the hospital expressing concerns that if my mother
is admitted to the hospital it will delay the trial. My mother was examined at
the hospital, given IV and prescriptions but she was never admitted to the
hospital. At court on April 9th,
Judge Burton then gave the order that the Sheriff’s department was to transport
my mother to court on April 10th so that there will be “no more hospital visits.” This was stated in open court.
Attorney Montgomery was
assigned to the case back in December and since that time he had consistently
stated that he was going to depose Detective Casey Thume prior to the trial.
About 3 weeks prior to the trial when he met with my mother at my parent's home he announced
that he was not going to depose Thume prior to the trial but will just do it on
the witness stand. We expressed grave concerns about that decision to not
depose Detective Thume prior to the trial. Attorney Montgomery did not depose
any witnesses prior to the trial although he stated that he was going
to depose other witnesses that were on the State's list. This matter created
extreme concern for us and we felt misled.
At the court hearing on
Friday, the Prosecution aired a video of my mother's arrest on May 26, 2010
where they claim it shows my mother grabbing the gun of the police detective
who was arresting her. The video does NOT show my mother reaching for Detective
Thume's gun. However, the video does show Detective Casey Thume walking in
front of my mother and another detective adjacent to my mother and holding my
mother’s arm to help with her balance while my mother is handcuffed with her
hands behind her back. Then my mother falls forward and another detective then
shoves my mother into a seat all while my mother is handcuffed with her hands
behind her back. My mother was never charged with resisting arrest, grabbing
the detective's gun, etc because it never happened. However, the false
gun-grabbing accusation was to further assassinate my mother's character with
the jury and with the public via the news. The Prosecution Team spent about 45
minutes on this subject of my mother allegedly grabbing Detective Thume's gun
for which my mother was never charged because it never happened. Surely, the
Delray Beach Police would’ve included that in their arrest affidavit and it
would’ve have been another charge against her if it had happened.
On Monday, April 15,
2013, prior to closing arguments, Attorney Montgomery requested a mistrial
because the police arrest video created a prejudice with the jury. The
Prosecution responded by saying it’s important to include the video because it
proves (Charlotte Durante’s) “guilt.” In response, as usual, Judge Burton
accepted the objection from the Prosecution Team and denied Montgomery’s
motion.
Sadly, the jury rendered
a guilty verdict against my mother Charlotte G. Durante regarding an alleged
crime that she did not commit. The jury foreman stated the following after the
court hearing on April 15th “Montgomery and Durante insisted they had
evidence that would prove investors knew what they were getting into. But, it
was never presented to the jury. “It was mainly lack of contrary information
from the defense side,” “(Montgomery) didn’t demonstrate anything concrete.”
The lacking of
“concrete” evidence is not because we did not make efforts to provide the
“concrete” evidence to Attorney Montgomery. He also never gave a directive to
us about what evidence he needed however we did bring various documents to
court that we knew proved my mother’s innocence but it was not presented by
Attorney Montgomery.
Delray Beach Detective
Casey Thume and the Prosecution Team told investors prior to the trial that
because the Museum is a non-profit, it’s a
crime to loan monies to a non-profit. And, as I have stated before, many of the
investors gave the same robotic statements on the witness stand and also
claimed they met my mother at her office, at their homes, at their works, etc.
However, many of those investors are people whom my mother never met. Plus,
many of those alleged witnesses who took the stand were previously deposed by
my mother’s previous attorneys and they stated that they had never met my
mother and/or they gave their monies to someone else who then told them that
the monies were invested with Durante Realty. But, during cross-examination at
the trial, Attorney Montgomery did not present that evidence.
My mother Charlotte G.
Durante never lied or misled anybody about her real estate transactions. She
never lied about monies being used for the real estate purchases for the
Museum. The Museum was not a secret – there was no reason to lie about it.
Attorney Montgomery also failed to provide as evidence that I’ve always been a
non-paid volunteer for the Museum. I do not receive a salary, no hourly wages,
no monies from the Museum. Also, monies raised are used to support programming,
permanent facility, etc. And, my mother never received a commission for the
real estate purchases for the Museum. She donated her services. There was no
financial gain.
As I previously
conveyed, the alleged investors with Durante Realty began with Calypso Louis
who brought in Massillon Dorolian who were all duly informed about the
non-profit Museum. They had their own
investment club and reached out to Durante Realty about partnering with them to
help them with the investment club. Again, the Prosecution Team's emphasis was
whether or not the alleged investors knew about the Museum. And, some of what the other investors knew or not is based on
what they were told by the people who invested their monies with Durante Realty
but my mother never lied and never asked anybody to lie.
Regarding the alleged monies owed, on December
6, 2008, news reporter Terri Parker of WPBF CH. 25 aired an ambush-style
slanderous news story about alleged monies that Durante Realty owed to alleged
investors. The news story included an interview with Massillon Dorolian at the
office of Attorney Annie Adkins who has been identified as the private attorney
for the alleged investors. The timing of the news story is suspicious because
on December 4, 2008, I hosted a sold-out luncheon in the Town of Palm Beach for
the fundraising campaign for the MLFH’s proposed permanent buildings. It took
12 months to plan that luncheon because it was a major event with local
philanthropists and also philanthropists who traveled from Connecticut and New
York to attend the luncheon. But, all of that was sabotaged by the WPBF news
story, and undermining actions by the Attorney Annie Adkins, the Prosecution
Team and Delray Beach Police Detective Casey Thume. That slanderous news story
was engineered by the Attorney Annie Adkins, the Prosecution Team and Delray
Beach Detective Casey Thume. My mother and I did not know about that news story
until after it aired. And, my mother did not know she was being investigated until
that news story aired. Terri Parker sent my mother an e-mail after the news story aired (as
evidence, we still have a copy of that e-mail). We have no other evidence that
Ms. Parker tried to reach me or my mother about that news story prior to the news
story being aired across the globe. And, we had never heard of Attorney Adkins
prior to that news story. Attorney Adkins never sent a demand letter to Durante
Realty or Durante Realty’s attorney regarding alleged monies owed. Per the
letter from Attorney Adkins she made the conclusion that mother committed an
alleged crime. We don’t know how she made that conclusion. Furthermore, we
learned from the letter that Attorney Adkins is NOT and was NEVER the
attorney for the alleged investors. Attached is the letter which Attorney
Adkins mailed to alleged investors in November 2008 (which pre-dates the
December 6, 2008 news story) that states she is not the attorney for the
alleged investors. The Adkins letter was mass-mailed to alleged investors. And,
although Attorney Adkins was not and has never been the attorney for the
alleged investors, she had a leading role in corrupting their minds against
Durante Realty and encouraging them to make complaints about Charlotte G. Durante and Durante Realty. Attorney Adkins collected data from the alleged investors to give
to the Delray Beach Police Department. Based on independent research: 1. Attorney Adkins was never the
attorney for the alleged investors. 2.
Although not an attorney for the alleged investors, she recruited, collected
data from the alleged investors and directed them to file a complaint with the
Delray Beach Police Department. 3.
Attorney Adkins never contacted Durante Realty about alleged monies owed – no demand
letter was ever sent to Durante Realty from Attorney Adkins. 4. Attorney Annie Adkins was the person who filed the initial complaint with the Delray Beach Police Department and not the alleged investors.
And, what we also recently learned about
Attorney Annie Adkins is that during the time frame (2008 to present?) she was
presented as the private attorney for the alleged investors, Attorney Adkins
was also appointed as an Assistant to the State Attorney from January 2010 to
April 2010. Her appointment ended April 2010. My mother was arrested on May 26,
2010. That appointment explains why Attorney Adkins appeared as the
spokesperson for the case in the news media. Her job position with the State
Attorney’s office was never publicly identified but while she continued to
recruit alleged investors to encourage them to file false complaints with the Delray Beach Police
Department and she also made public statements against my mother in the news
where she was presented as a “private Delray Beach attorney,” Adkins was
employed as an attorney for the Office of State Attorney during the same time
she was publicly identified as the private attorney for the alleged investors.
In other words, while she was a private attorney representing the alleged
investors she was also an Assistant State Attorney working on the same case
which is what the evidence seems to suggest. Attached is a copy of that
appointment. Attorney Thomas Montgomery did submit this evidence during the
trial but it was objected by the Prosecution Team and as usual, Judge Burton
supported the Prosecution Team’s objection.
The WPBF news story by Terri Parker shot a
torpedo thru my mother’s real estate company that was founded nearly 40 years
ago. The news story was deliberately engineered to destroy Durante Realty, ruin
my mother and hurt the Museum.
The above evidence regarding Attorney Annie Adkins suggests that she was retained by the State Attorney's Office and the Delray Beach Police Department for the sole purpose of initiating the false complaint, charges and wrongful conviction of Charlotte G. Durante.
My mother Charlotte G.
Durante has been railroaded regarding an alleged crime that she did not commit.
After the verdict was
rendered, Attorney Montgomery, made a motion to the court for my mother to
remain on house arrest until the sentencing on June 21, 2013 so that she can continue her medical treatment. Her medical issues have included external bleeding. The Prosecution
Team objected stating that my mother has made things "difficult" for the court and the “gravity of the
charges.” As usual, Judge Burton supported the Prosecution Team and denied
Attorney Montgomery’s request.
Judge Charles Burton has
consistently complained in open court that
“Charlotte G. Durante is to blame for the delay in the trial starting.” Judge Burton also chastised me and my dad in
open court for trying to get my mother a reasonable bail. Judge Burton has also
pressured every attorney assigned to my mother to go trial when every attorney
stated that they needed more time to prepare thus leading attorneys to withdraw
from the case. In fact, back in October
2012, Judge Burton appointed another attorney (pre-dating Thomas Montgomery) on
the same day the trial was supposed to start with jury selection. That attorney had not done any research about
the case, did not depose any witnesses and never reviewed the evidence file but
Judge Burton wanted that attorney to start the same day as the trial was
supposed to start. My mother objected then that attorney just withdrew from the
case a few days later.
I have since spoken with
other legal counsel about what needs to be done to get my mother home because
she will have another medical set back confined in jail. And, per the
recommendation of other legal counsel they believe that my mother should get a
new trial. My mother has been served an injustice. Charlotte G. Durante was railroaded.
$40,000 is the amount
that needs to be raised for an appellate attorney to prepare an appeal and to
also arrange for a new bond for my mother to be released for medical treatment
and pending the appeal. Charlotte G.
Durante could face a maximum of 60 years in prison for an alleged crime that
she did not commit. The Prosecution Team
is NOT petitioning the court for time served but they are requesting the court
to consider a significant number of years in prison. Plus, the presiding judge
Charles Burton is pro-prosecution.
Click here to download Motion for New Trial document
Click here for Sun-Sentinel news story about Motion for New Trial
Donations in any amount are
appreciated. Checks can be made payable
to Charlotte’s Defense Fund and mailed to P.O. Box 7265, Delray Beach, FL 33482.
Thank you so much for your time and prayers.
For more information about my mother's case visit http://charlottedurante.org/.
Email: Kennethdurante@aol.com.
May God Bless,
Lori
P.O. Box 7265
Delray Beach, FL 33482
Click here to download Motion for New Trial document
Click here for documents regarding Attorney Annie Adkins
