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SEXUAL HARASSMENT and JUSTICE DENIED
The
Mechael Miller Story
Her friends were all crying when they
tried to tell me what had occurred. She was scarred and frantic and they yelled
at her and pushed her to go. Her entire body trembled in fear and her hands
shook violently. I can only guess but I’m sure that it caused her to have a
seizure. Why would the Judge grant a hearing but not put her on hold? I am at a
loss of words as to why or how an injustice of this kind can be allowed to
happen when we are supposed to have the best judicial system in the world.
Every day we are compiling more evidence against her former employer but
attorneys are telling us that it is not relevant. We are also told that we can
not be heard by another Judge. How can this Judge be considered impartial after
his out cry in the court room. Nothing about this seems right.
It all began on a hot sultry day in
sunny Tampa Florida. A beautiful thirty four year old
woman was hired for a job as an office manager for a manufacturing company. She
did not feel as though she should take this new job because of the way the
owner of the company had just conducted the interview but she was desperate for
work with two children at home counting on her. The owner hardly discussed her
qualifications, he was more interested in her personal life but he offered a
salary much higher than what she was accustomed to.
The first couple of days were a little
tense but it looked like this was going to be a terrific job and she was going
to be able to afford so much more for her family. Her name was Mechael but her
friends called her Misha. She was very intelligent and more than qualified for
her new job. Mechaels career started in the navy then she went on to school, teaching,
mortgages, paralegal, construction estimator and supervisor. Unfortunately as
for many beautiful woman in the workplace problems of a sexual nature were
about to begin. Who could have imagined it would turn out the way it did.
Before the first week concluded her
employers sexual advances were becoming a problem. Dan was his name and he
began to call her into his office under the false pretense of work only to find
out that was not the case. He would ask her about her relationships and come on
to her. He told her that she was very sexy and beautiful. That she needed
someone to appreciate the woman that she is. By the second week a friend
recalls Mechael coming to her very upset and told her how Dan had called her
into his office and before having a chance to sit down pushed her into his desk
and proceeded to kiss her. He told her that it would be to her advantage to
stay on his good side and not to rock the boat otherwise things could and would
get very uncomfortable for her. Dan’s sexual advances made Mechael very upset
and very nervous. When told of what happened Mechael’s friend asked her if she
had pushed him away and Mechael looked down in disgust and said she tried but
again he repeated how she needed to stay on his good side. She was so
intimidated by him that she let something occur that she, under normal circumstances,
would never had.
The days and weeks that followed those
initial advances led to Dan having Mechael meet him at the company warehouse
for business meetings which he swore were to include other members of the
company but that was never the case. Mechael was led on by him and let some
things occur at the warehouse during these lunch times and his supposed
meetings that she regrets. She was very ashamed at what had happened.
Dan’s attitude became very controlling
over Mechael. He not just intimidated her but she was becoming quite afraid of
him. She had a friend stop by when ever she was concerned that Dan was going to
do something to her. Unfortunately it was not often enough to stop him. At
least her friend was able to witness what was going on. Her friend not only
witnessed Dan’s advances but also the way he was conducting business. Dan began
to order Mechael to sign checks for him and in his name. He also had her cash
checks for him in order for him to make cash payrolls to his employees that were
renovating his new facilities. He even had Mechaels friend cash checks for him
at times.
By now the so called relationship began
to advance to where Dan was telling Mechael she would be required to join him on
out of town business trips. Mechael realized immediately that there was not
going to be any business involved. The first trip he told her to fly in two
days after him. Mechael’s research found that his meetings would all be
concluded by the time she would arrive only to leave them alone. Mechael made
excuses as to why she could not make the trip. Dan became very upset with her
and let her know it when he returned. On other occasions he made it unavoidable
for her not to accompany him and he proceeded to bribe her with personal items
and money.
Dan was becoming more and more
obsessive as time went on. It had been months now since all of this had
started. He started demanding that Mechael accompany him and his wife to different
events that he had box seats to. He informed her that he would be with his wife
but that she would sit on the other side of him. He wanted to know where she
was at all times and no matter what the cost he wanted her there so he could
flaunt her. He began to treat her like his little toy in front of coworkers in
the office. Mechael was already ashamed but this became the last straw. Finally
one day when Dan was out of the office she packed some of her things and left.
When he returned to find her gone he
lost control. He began calling her constantly and leaving threatening messages
on her machine. When she did not respond he sent his right hand man to her home
to tell her that she had to come back. She did for a short time with the
agreement that there would be no more harassment. It did not stop and Mechael
told him she was going to file sexual harassment charges. He offered her severance
pay in the amount off three thousand dollars to not file and just leave.
Mechael wrote a check for three thousand just enough to get her bills paid and
move on. The problem was he was still infatuated with her and he began to stalk
her. He threatened her and her children. He even went as far as killing her
certified seizure dog. You see Mechael has a condition called Lupus which is a chronic
autoimmune disease in which the immune system turns against the body and harms
healthy cells and tissue. It commonly causes a nervous system disorder which
results in seizures. These seizures are greatly intensified by stress and
infection.
When Dan finally realized he was not
going to get her back he called the police and accused her of extortion and
began to destroy her life. He succeeded in convincing police that she had
forged over 60 checks some of which were actually her payroll checks. The
States Attorney’s office filed charges against her and she was arrested. It was
clear to see that the checks had many different signatures including Dans, his
wives, the computers, and others but no one paid attention. Mechael was held in
jail for 26 days during which her seizures were at their worst. She was left by
officers to convulse on the concrete floor until she was black and blue from
head to toe. Later she was finally taken in for treatment but due to the doctor’s
unfamiliarity with Lupus she was not properly medicated and had two strokes and
was paralyzed from the waist down before being released.
When Mechael returned home her life
had been turned upside down. She was being evicted from her home, she could not
work, Dan had located her contact list on her office computer and proceeded to
call everyone she knew including her family in order to discredit her and
completely destroy any remnants of her previous life. Her first night home
Mechael and her children were lying on the floor watching a movie and a knock
was heard at the door. Mechael pulled herself to the door to find police
officers with guns drawn. Apparently Dan had called in that there was a violent
domestic disturbance at the location. He even went as far as to call her bail
bondsman repeatedly to inform him that she was the head of a fraud ring and she
was packing to leave the state. He was doing anything he could to get her
placed back into custody. He called her boyfriend on the east coast to tell
him. When her boyfriend was still skeptical he had his wife reiterate the story
and she went as far as to email him the sheriff’s office link to the page with
her mugshot. He never called Mechael again.
Mechael ended up moving into a dumpy
mobile home. She could not afford much in the months to come. One evening
Mechael stopped at a corner store to pick up a few things. By this time she was
walking again and trying to get back to a normal life. When she returned to her
car she was overpowered and abducted in her own vehicle. She was taken to a
remote area and raped. When police found her she was not in good shape. They
took her in for treatment and her car in for finger printing. When she was
released and tried to start her car she passed out from pain and exhaustion. This
is when our paths crossed. My phone number was the last number a Sheriff
official tried after calling all others on her cell phone. He was trying to
find someone to help her after she had blacked out. We brought her home and
nursed her back to health.
At this time her case had been going
for over a year with a public defender. The public defender never in that
entire year subpoenaed a single record to help Mechael prove her innocence.
That is when I stepped in and hired an attorney and a private investigator. The
owner of said company was immediately sent subpoenas for records and
depositions. He only showed up for one deposition and did not supply any of the
records for which he had been subpoenaed. He basically tucked tail and ran. He
knew that he was about to be uncovered. He then sent a letter that he no longer
wanted to testify. The State then offered a plea bargain because they knew that
they had screwed up. They filed nolle prosse to all but one charge on one
check. They said that the final check was after she had left his employment
even though she had not formally quite nor had she been fired. What a waste of
the taxpayer’s money. What a disaster, an injustice that should have never
occurred. Mechael’s attorneys advised her to take the plea bargain because the
state was still going to prosecute her. They told her that it was going to cost
her a lot of money to fight it. Our private investigator advised her not to but
she was so petrified of what might happen to her and her children that she did
in order to get it over with. That also turned out to be a mistake. The plea
was for 18 months probation with early release in 9 months.
By this time Mechael and I had fallen
in love. She is the most beautiful woman I had ever been so lucky to meet. Not
just physically but she had a heart of gold. She could be starving and she
would give you the last of her food if you were in need. That is just the kind
of person she is. After all of the suffering Mechael was subjected to you would
think that nothing worse could happen but it does. In October Mechael was
rushed to the hospital having severe abdominal pain. It turned out that she had
an ovarian cyst rupture. The hospital did not do surgery and sent her home.
Mechael and I had been trying to get pregnant so we went to her fertility
doctor. He decided we needed to do surgery. The surgery went well but one ovary
was ten times its normal size. She was later scheduled for an ooferectomy to
remove one ovary.
Now it gets even worse. The probation
officer was the same officer that Mechael had it out with in the past when
working as my office manager and the officer was repeatedly calling, coming to
our office, and giving a hard time to some of our employees. They had a mutual
dislike for each other and this officer now took advantage of her position. We
decided for Mechael to move out of her jurisdiction to protect her. She was
granted permission and told the officer she would have to stay with a friend
for 2 days and then would be in her new apartment living with another friend. The
apartments were within 50’ of each other. The Officer then caused a violation
by withholding information from her new officer of the 2nd address
where she would be living after day two. Mechael had even contacted her new
probation officer who told her everything was ok and not to report until the
following month but they did not discuss anything else. A couple of weeks later
when an officer stopped by the 1st address no one was there so she
was violated. The probation officer also turned in a terrible report of
untruths to Judge Ficarrotta. Much of which we can prove. We knew that this
would probably occur so I had her keep a diary of all phone calls made,
appointments, times, and who she spoke with. We even have the phone records as
proof.
Mechael was once again arrested due to
the violation. They took her to booking where the stress once again caused her
to have multiple seizures and again they did nothing to help her. When she was
finally able to call to let us know we called the jail to complain. They said
that they would help her but instead they proceeded to yell at her and put her
into another panic only to worsen her problems. They left her in booking to
suffer in agony until the next morning’s court hearing. She was then sent back
to booking to suffer more until that next evening when she was finally able to
see a nurse, although she received no medical treatment. By the time she got to
the nurse she had so many seizures that her memory was gone. She could not even
remember what prescriptions she needed. When I talked to her that evening she
was in excruciating pain and could not even remember what I looked like.
You
would think that Mechael has suffered enough by now but that is not so. Now she
is being held without bond and not receiving any medical care. Every day that
this is allowed her life is shortened due to the lack of care and the physical
and emotional stress which causes her Lupus to flair.
On Thursday January 12th she
had a hearing and told a new attorney we had hired to accept a 180 day offer made
by the Judge because she knew that she would qualify for house arrest and there
was no way that she would ever make it through probation with the same officer
and once again just wanted to get this behind her. Judge Ficarrotta agreed but
the attorney we hired, Brian Gonzalees, was in such a rush to get to a murder
trial that he ignored her request and put off the sentencing until Tuesday the
17th. I hold him responsible for what followed.
When I first reviewed the case I saw
plain as day the sixty checks that Dan signed to each under oath that Mechael
had forged them. Yet it was clear that these signatures were not only his but
his wives, the computers, and other office personnel. Sometimes I just don’t understand the legal
system. Doesn’t the States Attorney pay any attention? What about the
investigators? What amazes me more is that Mechael asked me not to be vengeful
and goes on to elaborate that everything happens for a reason and that she
knows now why this happened to her. You see Mechael came up with a wonderful
idea a while back and her being in jail just instilled in her that much more of
what our purpose in life truly is. Her plan was to start a non profit
organization called the Starfish House and the Starfish Foundation. She told me
this story that she used to tell to her Sunday school class. It went something
like this:
There once was a woman who walked
slowly along the sea shore. She stopped every so often to pick up a starfish
and return it to the sea. A passerbyer asked her why she was doing that because
their were thousands of starfish on the beach and she could never save them
all. Her response was that she knew she could not save them all but if she
could save just one than it was worth all of the effort.
Misha called me and told me her
mission statement for the Starship Foundation. I feel compelled to tell it to
you because it brought tears to my eyes.
MISSION
STATEMENT FOR THE STARFISH FOUNDATION
To
help those that others can not or will not help. Mainly people who for whatever
reason can’t qualify for help elsewhere. To provide short term and eventually
low income housing to people but only in conjunction with life changing
educational programs, drug treatment programs, counseling, and life skills
programs. For people who are coming out of jail, providing job recourses,
clothing, temporary transportation and housing. Basically a network of 100%
support available for those who truly want to change but don’t have the support
or the ability to do so. Eventually we will have property donated to develop
into a town home community with a market, daycare, community hall, schools, and
its own transportation. The residents will have to donate their own time at
these places as part of the community dues. They will also have to attend
continuing education classes, parenting classes, AA classes, and vocational
classes. Basically all residents have to continue to grow and prosper as
adults. All the services will allow these people to function without public
assistance or funding. They will also receive budgeting and credit classes and
learn how to make healthcare and financial decisions. I invision an
ever-growing network of people who had a helping hand from the Starfish
Foundation each bringing their own unique talents, ideas, and experience to the
table. All anyone ever needs is to be built up and to have the power to change.
So many people that are in jail loose everything and they need to change the
people they associate with and their environment. Some people are not ready to
change and it is expected that there are going to be those individuals that
just don’t work out. But if just one life is saved it is all worth the effort.
Can you put a price on just one life? What about the exponentiallity of that
life? For example; the people that I helped as a result of being helped once
before. One time someone helped me and gave me and my children a place to stay
and showered us with acceptance and love and I know without that help I would
not be the mom or the person that I am know. I want to simply give others the
chance that I had.
Well along comes Tuesday’s hearing and
we expect to go to a quick and painless hearing and she would be home on house
arrest in a couple of days. Well things didn’t go as expected. What occurred is
the Judge paraphrased conversations Mechael had while in jail. The
conversations that he referred to were immediately after the hearing when her
attorney ignored her wishes. She was under much duress and was going off about
doing whatever it took to get her out of there and made some comments about
Judge Ficarrotta. He was so upset that he sentenced her to 2 years in a Florida state
penitentiary. Now remember this was a first violation ever, only a technical
violation, and she only scored 17 points, barely half of the points it would
require to go to prison. The States Attorney was not even aware of what was
going on. Now she is going to jail for two years for using poor judgement. The
Judge was enraged causing him to make a poor decision and a biased decision
with loss of objectivity. I feel that her life is in danger. I have spoke to
many attorneys, private investigators, and court personnel and none have ever
seen or heard of anything like this occurring in their careers. How much
suffering must she have to go through while her ex-employer enjoys his life of
freedom?
I
have a witness that will testify that the owner told her that he was going to
destroy Mechael and was also written checks as Mechael to pay for cash payrolls
to employees. She was also witness to him ordering Mechael to sign checks in
his name. It became a regular practice whether or not Dan was in town. He
called and threatened her also. We also have witnesses that talked to Mechael
and were told about the situation and how bad he was at that time before any
charges were ever brought against her. We also have a witness who the owner
continually called trying to discredit Mechael. The bondsman received numerous
calls informing him that she was head of a fraud ring and leaving the area. He went
as far as contacting her family and telling them lies to discredit her. There
is also proof in the signatures on file in the courthouse. Should the States
Attorney be held liable? Do they not have time to look at the evidence they
were supplied with? What about the Sheriffs Department? Their detective
interviewed one of our witnesses but none of that evidence was ever seen. He
would never return any of her subsequent phone call either.
Mechael was scheduled to be taken to
State Prison after twelve midnight on 1-31-2006. That same day we were granted
a mitigation of sentence hearing for February 2nd. Mechael was taken
away Monday morning at 3AM to State Prison, Lowell Annex near Ocala. Monday night her spirits were so high
because of the news of the hearing. I can imagine her emotional state is now at
a dangerously low point. I am so worried about her and I pray to the Lord to
help her. Friends she made while in county jail called to let me know how awful
she was treated that night. They were all crying when they told me. She was
woke up very hastily at 3AM and pushed very hard to move. Her friends tried to
help but were immediately reprimanded. They said she was rushed, scarred, and
frantic. That her entire body trembled and her hands were shaking violently. I
can only guess but am sure that was more than enough to cause her seizures. Why
would the Judge grant a hearing but not put her on hold? I am at a loss of words
as to why or how an injustice of this kind can be allowed to happen when we are
supposed to have the best judicial system in the world. To top that off we were
denied the motion to have her brought back for her own hearing. Is it fair and
just to have a hearing without her? Every day we are compiling more evidence
against the owner of said company but attorneys are telling us that it is not
relevant. We are also told that we can not be heard by another Judge. How can
Judge Ficarrotta be considered impartial after his outcry in the court room. I
believe he is biased and lost his objectivity.
The mitigation hearing finally came
and we had previously hired a court appointed doctor to testify as to how Lupus
affects the body and mind and to how negative stimuli can affect a patient. At
9:00 that morning I received a call from the doctor that he would not be at the
hearing. Once again we were crushed. The judge would not budge on his sentence.
Lupus patients can lead a fairly
normal life if they are taken care of properly. But as much as I have tried to
stress the facts I don’t seem to be heard. Stress itself is very damaging. As
stated in the the book Lupus you can take charge of it “to manage your Lupus, be
mindful of your sun exposure, your diet, your sleep patterns, excircise, and
stress levels. Many people with SLE
experience a host of symptoms, including depression, psycosis, and acute
anxiety”. A weakened immune system can
be devastating. Last week when her entire dormitory came down with the flu her
fever jumped to 104.3 degrees. Mechael already has had Kidney failure and this
high temperature could be fatel.
On April 1st Mechael was moved to
Gadsden Correctional Facilty. This facility is the furthest from her home and
has a much inferior medical grade compared to Lowell. We have been trying to get her
routine medical furloughs in order for qualified doctors to treat her.
Unfortunately we have not received any help from anyone in getting this
accomplished. Mechael put in a request for the forms to apply for a furlough
and was denied the forms to apply. We have tried to get her a transfer, and
work release but recieved no cooperation.
I am appalled by the actions of personal at the Gadsden correctional facility towards Mechael
Miller DC #518869. All due to the fact that we have been very vocal in
expressing our concern over her medical and overall care, classification
status, and facility location. The Harassment began a few weeks ago when
Mechael and another inmate who was also vocal about her treatment were given
urine tests in their dorm at 3:15 AM which is not normal practice. Next my
regular mail started to get returned for no reason. Even money orders for
Mechael’s canteen fund were returned. Due to Mechaels medical condition it is
very important that she has plenty of funds to purchase food and other
necessities she needs. Then two weeks ago after I left from visitation she was
put in confinement and accused of conspiring to bring cigarettes into the
facility. She was served a D.R. two days later.
Mechael was finally granted a hearing in
which she was convicted of an offense she did not have anything to do with.
Security officer Ivey said that Mechael admitted to this offense although Mechael
never did as seen in her signed statements. As a matter of fact she completely
denied having any involvement. The reporting officer by the name of Pittman
actually accused me of having something to do with it. She filed numerous
grievances at the facility level which have been denied. Mechael is being
targeted by them because of my phone calls, our letters and things she has
witnessed while incarcerated there. I won’t get specific in this letter, but a
great deal of theft, introduction of contraband, and “favors” between guards
and inmates takes place behind those fences.
Six months
have passed and we finally overturned the DR and Mechael’s lossed gain time has
been returned. Mechael was finally granted work release and sent to Suncoast
Work release center. I was her former employer and desperately needed her back.
I moved my entire business to St.
Petersburg in order for her to come back to work for
me. I have known Mechael for fifteen years. I married her and took custody of
her children to keep them from foster care. She was later removed from her job
and accused of lying to staff in official capacity, violation of 33-601, 9-10. Mr.
Aekeney of SWRC wrote this DR stating that Mechael omitted information
concerning her past romantic relationship with her employer. No one at SWRC
ever asked Mechael to disclose this type of information nor is there any rule
requiring her to disclose that type of information. The definition of a lie is to utter a falsehood or an untruth.
Mechael did no such thing. The official report states that she constructed and
perpetuated a lie from the day she entered the program. Mechael never lied to
staff in any way, shape, or form and her file clearly had me listed as her
husband and guardian of her children. Since that information was already well
known how it could be that she omitted that information and why is that
relevant in the first place. It clearly states in chapter 33-601, (7)(b)(5)(e)
employment of an inmate with a relative is not precluded. Mechael was told that she could not have any
contact with myself or her children and that she must find a new job. In order
for her not to lose her privilege of work release she did as told as usual and
found a new job. SWRC would not give any information to me or her father as to
why any of this occurred. We both went on to contact the supervisor of
classifications, at Polk C.I. to
complain. The supervisor not understanding why this was done to Mechael
demanded an explanation from Mr. Aekeney. Since Aekeney knew he had not
followed procedure properly he shipped Mechael out.
Mechael was
reprimanded with 90 days in solitary confinement for this and 102 days of gain
time were taken from her. It almost seems as though someone is making sure that
every obstacle possible is being placed in her way. Once again the fight is on
to get the DR overturned. I can not believe what the Justice system in this
state has become what it is today. I feel that Judge Ficarrotta is largely
responsible for the pain and suffering that Mechael has had to endure. How can
our legislators feel that the 1998 sentencing guidelines empowering Judges to
sentence as far outside the recommended guidelines as they please be fair when
an intelligent woman like Mechael with only 17 points gets a two year sentence
for a first time felony which she should have never given up the fight because
no court would have ever convicted her of what she was accused. I am willing to
do whatever I must to clear Mechael of this frivolous DR. This DR now increases
her release date to one that future gain time can not make up. She earned
that time and has an impeccable record otherwise. The actions on the part of
Dean Aekeney will cause her to be separated from her minor children even
longer. They desperately need her home and should not be the ones to be
punished because of Aekeney’s actions. The children have already had their
lives turned upside down and been punished far more than any could ever deserve
all due to the unfair practices of a Judge and the improper laws of this state!
I will not stand by and let this happen.
I am now going full steam ahead nationwide with our
cause. I am going to let everyone alive know all the details of Mechael’s case.
I am going to make sure that Mechaels story gets in the hands of the press in
every state and in the hands of every womans advocate group in existence.
I am going to insure that every college legal department is informed so that
they can educate their students as to the importance of ethics when majoring to
become an attorney. I am going to exploit this story all over the internet and
no bureaucrat will be able to stop me. I am going to contact Larry King, Oprah
Winfrey, 60 Minutes, anyone that will interview me to get the story out. I will
never give up! I will continue and the Lord will guide me until our justice
system gives back the rights of our citizens the professional legal ethics that
Mechael should have been accorded. If needed I will picket in front of the
capitol and put together the largest petition ever to be seen in internet
marketing history! Once and For All we need Justice not just for Mechael but to
stop this type of injustice from affecting other woman in the future. Mechael!
Deserves to be freed from her unjustified sentence!
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