The Melvin Perez Campain
The Melvin Perez Campain
OCTOBER 2020--CLEMENCY CALL IN FOR JAILHOUSE LAWYER MELVIN PEREZ
On, Friday, October 16, 2020, there will be a clemency call in and letter writing event to support Jailhouse Lawyer Melvin Pérez' request for the Governor of the State of Florida to grant him clemency. The petition has been pending since March 2016. Please take the time to sign the petitions that are being passed around to call on the Governor to grant Melvin clemency. A short sample letter has been provided to use in the case you are calling or writing. You can email it, mail it or call in. All will be very helpful and appreciated. You can support by calling the number below and politely urge Governor DeSantis and Executive Clemency Board to grant clemency because it is the right thing to do.
Governor DeSantis:(850) 717-9337, press#2 to leave a message.
You can also send an email to the Governor using the form here: http://www.flgov.com/email-the-governor
Or send a printed letter to: Office of Executive Clemency FL Commission on Offender Review, 4070 Esplanade Way, Tallahassee FL 32399-2450, Phone:(850)488-2952
Email: email@example.com and/or Clemencyweb@fcor.state.fl.us.
Sample script for call and/or text for email:
“Hello, my name is ____________. I am calling(or writing) on behalf of Melvin Pérez, DC# X11781, in hopes that you will see fit to grant his plea for clemency. Melvin has served his time for the crime he did commit and should not continue to be in prison for something he did not do. I am asking that you give Melvin a chance to make something of himself and put the law degree he has earned in prison to use. Melvin has friends, family, and a paralegal job waiting for him, please help him come home."
BACKGROUND: Melvin Pérez is an accomplished jailhouse lawyer serving two consecutive sentences for a crime he committed as a teenager and a robbery he did not commit. Melvin has been a jailhouse lawyer for the past 18 years. Melvin has spent his entire adult life in prison paying the price for a stupid decision he made as a kid. Melvin takes full responsibility for his actions and has served 23 years and two months on a 25 year sentence for a murder but has always maintained his innocence in relation to the robbery charge which is keeping him in prison and will continue to keep him in prison unless the Governor grants his application for clemency.
While incarcerated, Melvin has exhausted every educational opportunity available to him and has earned the highest degree in law that one can achieve as a prisoner. Melvin has written for many legal journals, created legal resources for prisoners, and uses his education daily to help others navigate the legal system. During two decades that he has been in prison, Melvin has helped several people win their appeals and their freedom and is a constant source of legal advice for his fellow prisoners.
Melvin is a steadfast advocate for prisoners rights and has won several cases which improved the conditions of confinement for all. If granted clemency, Melvin could still salvage some of his youth and put his education to use as a paralegal. In fact, there is a job waiting for him. If you would like to contact Melvin you can do so by writing him at: Melvin Perez Dc# X11781, Calhoun Correctional Institution, 19562 S.E. Institutional Drive, Blountstown Fl 32424. Please support Melvin in his efforts to obtain justice from a crime that he did not commit. Thank you for your support.
LET JUSTICE BE DONE! (read his story)
When you hear the word justice, what comes to mind. Do you think about a person that got sentenced for something he did, or payback for something that came back around from the past. We do agree that what is justice to someone might be injustice to someone else. Let's look at the case of Melvin Perez. He was born in New York. His parents are from Puerto Rico. At the age of 9 he moves to Puerto Rico. At 17 he moves to Florida where he is attending school in the day time and works at night. Melvin was just chasing the American Dream.
But Melvin's life took a turn. That turn resulted in him being booked in the Osceola County Jail on a murder. Melvin was accused of the murder of 23 year old Eddie Guadalupe. According to the authorities, EDDIE was the head of a criminal organization. EDDIE was also a witness who had been on the Puerto Rico Witness Protection Program. Authorities also said that they did not believe the case was related to EDDIE'S past. The defense claimed that EDDIE pointed a firearm at Melvin and Melvin fired back and killed EDDIE in self defense.
While in the Osceola County Jail detectives bring Melvin 12 cases of Armed Robbery. They tell him to admit to the ones that he did and the rest will be dropped or they will charge him with all the robbery cases from Kissimmee and Orlando. But Melvin told the detectives that he did not do any of them and if they got 30 or 40, to go ahead and charge him. Well, they did just that.
Multiple cases were added to Melvin who ended up going to trial on several of them and won at trial. However, detectives were not happy about Melvin winning trial on these cases so they wanted to retaliate . And they did. In two cases detectives told witnesses to lie and identify Melvin as the person who did the robbery. Melvin won trial by presenting an alibi witness that he was somewhere else.
So on the next one, detectives were better prepared to handle the case. So they got another person to lie and say that Melvin was the person that did the robbery. Still, in so doing, the alleged victim gave different versions when the police did the police report, during depositions and during trial. For instance, like Melvin being 5'4, 5'7, then taller. From 140 lbs., later 150 lbs. From brown eyes, brown hair to black eyes, black hair. From being Hispanic to being from Puerto Rico. From never seeing him before to having seen him before. From saying that a camera recorded the robbery to changing that the camera did not work. From saying that Melvin touched a telephone with no gloves on, to no matching prints on the telephone.
Melvin also had five alibi witness that he was at a baby shower during the time of the crime. Yet his attorney only used one alibi witness. Despite all these contradictions, Melvin was found guilty to a lesser included offense of attempted armed robbery and aggravated assault with a firearm. Instead of the original charges which would have resulted in a life sentence.
Now, Melvin had to be sentenced but his points were only 121 total. Which would only be 121 months in prison. Melvin had already been sentenced to 25 years on the murder charge. During sentencing the state brought witnesses to talk bad about Melvin in order to give him the maximum sentence. One detective asked the judge to go over the maximum sentence. The judge did just that. The murder, which was not a prior, was used as a prior which added 29 more points. And the same murder which was already factored in the prior, was also used to give Melvin a departure sentence.
Being used twice. In addition, the judge said that Melvin showed no remorse during his trial and used such factor to go over the points that Melvin scored out to. Melvin had only scored out to 64 prison months. Which is 5 years and 4, months. Melvin had been awaiting trial for 1,040 days. Which after the appropriate sentence, Melvin could have got time served or would only have to serve an additional 2 years and 6 months. But things did not turn out that way.
The judge sentenced Melvin to 15 years for the attempted robbery charge and 5 years for the aggravated assault to run together. But Melvin would have to serve the 25 years first, then start the 15 years. With gain time Melvin would do 21 years and 9 months, on the 25 years sentence, then start the 15 years sentence. At the time of this writing, Melvin has served 21 years and 7 months. Melvin would have 2 more months (May,2019) before he would finish the 25 year sentence and could have got released.Yet, Melvin is still seeking justice from that case.
While incarcerated Melvin has sought to improve in every area he could. Melvin completed his high school diploma. He completed a vocational in Automotive Repair and Refinishing. Melvin also completed a Legal Assistant/Paralegal program from Blackstone Career Institute and the following programs from Ashworth University: Professional Paralegal Studies, Professional Paralegal Foundation Programs with Honors, Civil Litigation and Civil Litigation Specialty Program with Honors. Besides, Melvin completed the Certified Law Clerk course from Florida Department of Corrections as well as other programs in Bible courses, life skills, drug programs, wellness and personal fitness and others. In total, Melvin has completed over 75 courses while incarcerated, making Melvin prepared to re-enter society and becoming a productive, law-abiding citizen.
A SECOND CHANCE
President George W. Bush has written that "....America is the land of the second chance...." Similarly, professional cyclist David Millier has stated:"...people do make mistakes and should be punished. But, they should be forgiven and given a second chance.... we are all human..."
But how about when someone is innocent of the charges, like in the case of Melvin. He did not commit this robbery case. In fact, while he was incarcerated at the Osceola County Jail an inmate asked Melvin what robberies he was charged with. When Melvin told him, the other inmate told Melvin that he had committed that robbery. The inmate did not look nothing like Melvin. Also, Melvin was offered a plea of time served before trial on this robbery. However, because he did not commit this crime, Melvin turned the plea down. In turn, the same day he had an additional 15 years. The only reason why Melvin turned down the time served plea was because he is innocent of this crime. In a letter Melvin wrote to the judge, he made this fact known.
LET JUSTICE BE DONE
Melvin is crying out that justice be done in this case. By the grace and mercy of God, Melvin has found people that are willing to help him and support his release efforts. But what about you? Do you feel that an innocent man should do more time in prison for a crime that he did not commit? or do you believe that Melvin should be released after serving the 2 months he has left to complete the 25 years sentence( May, 2019). As of this writing, Melvin has an application for executive clemency pending before the Florida Clemency Board which could result in a full commutation of all his sentencing to time served or in the 15 years being commuted, which was filed by R. Buck Taylor, J.D., from The Florida Clemency Project. Likewise, Melvin has a Motion for Rehearing and Rehearing En Banc pending before the Fifth District Court of Appeal which could result in Melvin being resentenced.
Melvin is hoping that others will join in his efforts to let justice be done. If you are interested in supporting Melvin in this matter you can contact him at: Melvin Perez Dc# X11781, CALHOUN CORRECTIONAL INSTITUTION, 19562 S.E. Imstitution Dr. Blountstown, Florida 32424. OR you can write a letter to the Clemency Board on Melvin's behalf or the Fifth DISTRICT COURT OF APPEAL.
Let's work together so Justice can be done and Melvin can be freed. (Florida Commission on Offender Review) 4070 Esplanade Way - Tallahassee, Fl.32399