Anthony's letters
Raiford USA, August 2017
To my dear family, friends and supporters,
I hope this letter finds everyone safe and in the best of health and most joyous spirits. I
also hope everyone has a good summer.
Before I give legal updates, I want to thank everyone for wishing me a happy birthday
this year. I totally appreciate all the lovely birthday cards and words of encouragement. Your
kindness really makes a huge difference in maintaining a positive attitude... I'm doing fine and
I'm healthy. I remain focused, determined, positive-minded, strong and confident moving
forward in this fight for justice. I want everyone to know that I am wholeheartedly humbled
and grateful for your unwavering support. Thank you for all the hard work you are all doing
on my behalf. Compassionate acts demonstrate God's love. God bless you, your family and
friends.
There were a few motions (appeals) filed by my attorney this year, and a few more will
be filed in the months to come. So let me summarise matters. The United States Supreme
Court (USSC) declared Florida's capital sentencing scheme unconstitutional in a case from
Florida called Hurst vs. State of Florida. Then the Florida Supreme Court (FSC) made it
partially retroactive by stating that all death sentences that were final after 24 June 2002 will
automatically be granted a new resentencing hearing. That means nearly half of the prisoners
sentenced to the death penalty were granted new sentencing hearings. Most prosecutors are
converting those death sentences to life sentences. Those, like me, whose sentences were final
before 24 June 2002, will remain sentenced to the death penalty. My attorney filed a motion
in the Lower Circuit Court in Jacksonville, Florida challenging the FSC's partial retroactive
decision on the ground of fundamental fairness and other supportive case laws. The motion
(appeal) was very good. When the Lower Circuit Court judge ruled on that motion, she denied
it (all Lower Circuit Court judges denied motions from all other capital defendants raising the
same issue, forcing everyone to appeal to the Florida Supreme Court).
That is when we recognised that another problem had emerged in my case. The judge
that sentenced me to the death penalty died. The new judge placed on my case is a former
prosecutor that was working in the State Attorney's office from 1986 to 1994 alongside the
prosecutor that put me on death row. I was sentenced to the death penalty in 1993.
Prosecutors working in the same State Attorney office assist each other in capital cases. In
other words, she helped to put me on death row. That is "a conflict of interest". The law states
"a man or woman can not be a judge in his or her own case". She should have automatically
recused herself. My attorney immediately filed a very strong motion for rehearing regarding
retroactivity AND to disqualify this new judge. She denied the rehearing motion and
dumbfoundingly refused to disqualify herself.
Now we are in the process of appealing the Lower Circuit Court judge denial of the
motion regarding the retroactivity issue and the denial of the judge to disqualify herself to the
Florida Supreme Court. These motions will most likely be heard by the FSC the latter part of
this year.
My Federal Appeal was being held in abeyance until the FSC resolved the Hurst case.
My attorney filed a motion to the FSC on 14 July 2017 requesting the court to continue to
hold my Federal Appeal in abeyance until we resolve matters with all these motions in State
Courts. This motion to the Federal Court will most likely be granted. Next, my attorney will
file a motion (appeal) to the Lower Circuit Court before 24 September 2017 regarding newly
discovered evidence. Our claim will be based on an official legal affidavit by a former police
officer alleging the planting of evidence to incriminate me.
My attorney has been paid by the association to file all the above motions with the
exception of the one to disqualify the judge and the motion to the Federal Court. I assume
those will be billed at a later date. If I am granted an evidentiary hearing in any of these
motions, my attorney will bill me separately for representing me during these hearings. And if
more investigative work is required I will be billed accordingly. So a lot is going on, but we
are presenting strong arguments supported by facts, evidence and constitutional law. I am
focused and determined and working hard along with my legal team. It's not easy but giving
up is not an option. Please stay strong and keep fighting with me because I can't do this alone.
I need each one of you to stand by me. God bless you all. And you are all in my heart,
thoughts and prayers.
With much respect and much love.
Anthony
Anthony's new address :
Anthony Mungin 288322
Union Correctional Institution
P5109
P.O. Box 1000
Raiford, Florida 32083
USA
To my dear family, friends and supporters,
I hope this letter finds everyone safe and in the best of health and most joyous spirits. I
also hope everyone has a good summer.
Before I give legal updates, I want to thank everyone for wishing me a happy birthday
this year. I totally appreciate all the lovely birthday cards and words of encouragement. Your
kindness really makes a huge difference in maintaining a positive attitude... I'm doing fine and
I'm healthy. I remain focused, determined, positive-minded, strong and confident moving
forward in this fight for justice. I want everyone to know that I am wholeheartedly humbled
and grateful for your unwavering support. Thank you for all the hard work you are all doing
on my behalf. Compassionate acts demonstrate God's love. God bless you, your family and
friends.
There were a few motions (appeals) filed by my attorney this year, and a few more will
be filed in the months to come. So let me summarise matters. The United States Supreme
Court (USSC) declared Florida's capital sentencing scheme unconstitutional in a case from
Florida called Hurst vs. State of Florida. Then the Florida Supreme Court (FSC) made it
partially retroactive by stating that all death sentences that were final after 24 June 2002 will
automatically be granted a new resentencing hearing. That means nearly half of the prisoners
sentenced to the death penalty were granted new sentencing hearings. Most prosecutors are
converting those death sentences to life sentences. Those, like me, whose sentences were final
before 24 June 2002, will remain sentenced to the death penalty. My attorney filed a motion
in the Lower Circuit Court in Jacksonville, Florida challenging the FSC's partial retroactive
decision on the ground of fundamental fairness and other supportive case laws. The motion
(appeal) was very good. When the Lower Circuit Court judge ruled on that motion, she denied
it (all Lower Circuit Court judges denied motions from all other capital defendants raising the
same issue, forcing everyone to appeal to the Florida Supreme Court).
That is when we recognised that another problem had emerged in my case. The judge
that sentenced me to the death penalty died. The new judge placed on my case is a former
prosecutor that was working in the State Attorney's office from 1986 to 1994 alongside the
prosecutor that put me on death row. I was sentenced to the death penalty in 1993.
Prosecutors working in the same State Attorney office assist each other in capital cases. In
other words, she helped to put me on death row. That is "a conflict of interest". The law states
"a man or woman can not be a judge in his or her own case". She should have automatically
recused herself. My attorney immediately filed a very strong motion for rehearing regarding
retroactivity AND to disqualify this new judge. She denied the rehearing motion and
dumbfoundingly refused to disqualify herself.
Now we are in the process of appealing the Lower Circuit Court judge denial of the
motion regarding the retroactivity issue and the denial of the judge to disqualify herself to the
Florida Supreme Court. These motions will most likely be heard by the FSC the latter part of
this year.
My Federal Appeal was being held in abeyance until the FSC resolved the Hurst case.
My attorney filed a motion to the FSC on 14 July 2017 requesting the court to continue to
hold my Federal Appeal in abeyance until we resolve matters with all these motions in State
Courts. This motion to the Federal Court will most likely be granted. Next, my attorney will
file a motion (appeal) to the Lower Circuit Court before 24 September 2017 regarding newly
discovered evidence. Our claim will be based on an official legal affidavit by a former police
officer alleging the planting of evidence to incriminate me.
My attorney has been paid by the association to file all the above motions with the
exception of the one to disqualify the judge and the motion to the Federal Court. I assume
those will be billed at a later date. If I am granted an evidentiary hearing in any of these
motions, my attorney will bill me separately for representing me during these hearings. And if
more investigative work is required I will be billed accordingly. So a lot is going on, but we
are presenting strong arguments supported by facts, evidence and constitutional law. I am
focused and determined and working hard along with my legal team. It's not easy but giving
up is not an option. Please stay strong and keep fighting with me because I can't do this alone.
I need each one of you to stand by me. God bless you all. And you are all in my heart,
thoughts and prayers.
With much respect and much love.
Anthony
Anthony's new address :
Anthony Mungin 288322
Union Correctional Institution
P5109
P.O. Box 1000
Raiford, Florida 32083
USA
