Leo's & Crissie's Blog

2/20/10

The evidentiary hearing is scheduled for May 5th & 6th in Bartow - Polk County Courthouse. The attorneys will plan and prepare, and I’ll try to stop biting my fingernails with anticipation!

1/29/10

Today was our second (and final) status hearing in preperation of the upcoming Evidentiary Hearing.  The Judge provided some possible dates for the 2 day hearing:  April 28 & 29, or May 5 & 6, or May 12 & 13.  Sometime next week the Assistant State Attorney will determine which dates work best for him so that one of those possibilities can be written in ink!  Many, many of our friends and family have expressed an interest in attending the hearing so I will let you know the dates as soon as I know!  I so very appreciate how much you care.  Thank you!    Crissie

11/19/09

This week Melissa Montle & Seth Miller, Attorneys for the Florida Innocence Project, filed their Notice of Appearance on behalf of Leo.  They add their expertise in post conviction, particularly as it relates to forensic evidence leading to exoneration.  I’m extremely humbled by their willingness to join with us, but more-so by the overwhelming sense of generosity, kindness, devotion, dedication, concern, interest & commitment by all the attorneys that are working together for the common goal… righting the wrongs.  And, it’s not only the passion of these attorneys; it’s also the awe-inspiring support from friends, family, and people we haven’t yet met.   For all of you: thank you!  I’m reminded of the movie Akeelah and the Bee.  It’s a great movie for many reasons but the part that stands out in my mind right now is how the entire community united to help Akeelah (much to her astonishment) and all equally celebrated the victory!   

 ♥  Crissie

11/13/09

Hello again.  So many of you have called and/or sent emails anxious to hear what happened yesterday at the status hearing and I really, really appreciate your enthusiastic support!  The hearing was a necessary, and productive, step in the process.  Leo was represented by Scott [Cupp].  Richard [Bartmon] was down with the flu or something and to make the drive to Bartow was just not do-able. We missed him, of course, but for what we were doing, it was better that he not show up and get us all sick!  Judge Spoto heard our Motion For Costs.  We explained our request for money was needed for expenses, such as depositions, investigation, etc., and that we’d use it judiciously.  However, the attorney from the Justice Administration Commission (the folks that oversee the money stuff) presented the argument to the court that the law was not in our favor on this matter, that we weren’t “entitled” to money at this phase in the process.  As it turned out, Judge Spoto did grant us $500 for cost.  This fell far short of the amount we requested, but much appreciated none-the-less.  The second thing we accomplished at this hearing was to set a date for another hearing…. so we will return January 28, 2010 to finally set the date for the evidentiary hearing!  For those of us not familiar with the process, setting a date to meet to set a date seems odd.  But, there is good reason for it all.  There will be much work to do between now and January 28.  Leo and I are pleased that he won’t be spending Christmas in the county jail so that’s another good thing.  Again, thank you so much for keeping us in your thoughts, hearts, and prayers!  (and, big thanks to my mom & sister for taking care of things at home so that I could make the trip with no worries.).  ♥ Crissie

October 23, 2009

Our hearing date has been re-scheduled, and now set for November 12, 2009 at 8:30am.

Crissie

October 16, 2009
 
Here's the latest:  The status hearing is now set for October 30, 2009.  This will be a short hearing before Judge Spoto to discuss the future plans with regard to an evidentiary hearing. The state is represented by Mr. Benefield.  Attorneys Scott Cupp & Richard Bartmon will represent Leo.  Leo and I continue to be so very appreciative and blessed by your thoughtful calls and/or notes of encouragement and support.  Thank you!

September 16, 2009

Some of you have asked "what next?" and "when?"... and I want to know that too! It is my understanding that the DCA's Opinion was mandated (final) on Monday, and so the next thing to happen is for the lower Court to set a date for a status hearing. At that point, the attorney's will meet with the Judge to discuss dates, etc.  I'll keep you posted! (make sure to let me know (& provide your email address) if you want to be notified when the blog is updated!)

Crissie

September 10, 2009

Scott H. Cupp, Esquire, has filed a Notice of Appearance. In other words, Mr. Cupp will represent Leo at this evidentiary hearing as co-counsel with Mr. Bartmon. And, truly, we could not be more pleased and honored that Mr.Cupp is devoting his expertise, and wisdom, to help set this right.  Mr. Cupp was instrumental 7 years ago in getting the original fingerprints from FDLE, the same prints that were eventually matched to Jeremy Scott, and has been kept updated as we've moved this case through the system.  The skills he brings will perfectly compliment and add to the talents of Richard Bartmon. We're definitely blessed that these 2 men are leading the charge!  

Crissie

August 28, 2009

Today we received the Opinion of the Second District Court of Appeal with the words we were hoping and praying for: "Reversed and remanded."  This Court reviewed the denial by Judge Carpanini and determined "the court below erred in its legal conclusions made to justify its summary denial" and instructed to court "properly evaluate the claims".  Today we are rejoicing!  And, yet, we rejoice quietly & briefly because this road has been long with many, many unnecessary and difficult struggles and there still is more work ahead.

Crissie

May 21, 2008

Our Brief to the Second District Court of Appeals was filed May 12, 2008. The points presented were : 1) the circuit judge denial of relief was erroneously based on misinterpretation of law defining newly discovered evidence. 2) the circuit judge’s misinterpretation of “due diligence” requirement of rule 3.850 mandates reversal of summary denial of post-conviction relief. 3) because newly discovered evidence weakened state’s case and enhanced reasonable doubts about appellant’s guilt, new trial must be granted. 4) state’s knowledge of exculpatory value of evidence before losing/ destroying such evidence entitles appellant to new trial under Arizona vs Youngblood. 5) appellant’s motion established violation of state constitutional due process rights under ground 3, compelling reversal and remand for new trail.

So…. Now we wait. And pray.

I’ll keep you posted. And, hopefully, soon we will get some good news!

Crissie

March 26, 2008

Hello

I am just back from my 2 day (7 hours to & from) trip to tallahassee for a 45 minute meeting... and I will say that it was long but worth it.  My Senator, his aide, and My House Rep and I met with the Assistant General Council for the Governor and a Governors Aide.  It seemed that they had somewhat familiarized themself with the case, or at least had read the DOUBT story in the St Pete Times.  My Senator was a strong advocate for Leo, stating, "I'm convinced the wrong guy is in jail" and pointing out that had Leo actually been guilty, or at least pled guilty he would have been out after serving 12 -17.  We discussed a few of the details of the case and the Assistant General Council shared details about how the Clemency Process works, should that be necessary. He advised that the Governor (and/or Cabinet) would not get involved while legal proceedings are pending. He states that should we lose the appeal, that would be the right time to file for Clemency.  He shared no opinion as to what outcome could be expected.  He was neither optimistic nor pessimistic, but that is to be expected at this point.  He was cordial, and that fact that he agreed to a meeting during the height of the legislative session speaks volumns, in my opinion, as to the respect for my senator and representative (since they initiated the request for a meeting).   I think we all continue to have hope and expectation that the District Court of Appeals will disagree with Judge Carpinini's ruling. That decision will likely take 6 months.   (Getting off the subject of the meeting today for a minute... The DCA has a few choices:  They can accept Carpinin's ruling and deny our appeal.  If that happens we will go forward with Clemency.  They can send us back to have a hearing which will send us back to square one (money, time, preparation, etc).  Or they can rule for a New Trial.  It's easy to figure out which one we are hoping for. The attorney gave the impression that he thought that we should get a hearing, at least.  We will file the appeal by the end of April and then we wait. )  So, all in all, I think the day was positive.  It definitely confirmed for me that we do have some legislative supporters & advocates.  That's a good thing.  Both the Senator and Representative have proven to me to be "men of their word" and I appreciate that a lot!
 
And, I do appreciate all the support from all of you. I did get some really nice emails and calls and that sure helped so much.  Big thanks!
 
I'll keep you updated. 
 
love,
Crissie

March 24, 2008

Hello all:
 
I am writing to request prayers and good wishes and finger crossing and rubbing rabbit's feet and whatever else you can think of...
 
Tomorrow I am driving to Tallahassee to prepare for a meeting Wednesday morning with my Senator, Representative, and 2 aides at the Governor's office for the purpose of discussing possible options and ways they can / will assist Leo.  It is my intention to represent Leo and the facts of the case honorably and with the highest integrity.  I need nothing more from each of you than your support and your prayers that I have safe travels and that I will remain confident, passionate, and not get totally tongue tied!! 
 
Thanks so much!
 
love,
Crissie

March 3, 2008
 
We learned on February 29 that Judge Carpanini denied Leo's motion for post conviction relief, even rejecting our request for a hearing to present the facts. The order was signed February 27, 2008 - the 21st anniversary of finding Michelle's body. The anniversary week of Michelle's death is always tough for Leo and this ruling just added to the misery. I had the task of telling him, which was particularly difficult given the timing and given the despair that I was feeling. We both needed comfort and reassureance and neither of us had much of it to share. We had Ashley with us and somehow she just knew to be the most perfect, lovable child and I think that is what pulled us out of the funk, as they say!  We will keep fighting this battle! 
 
Here is a copy of my letter to the Editor of the St. Pete Times, sent March 3, 2008. It is written in response to the story (Hearing denied for convicted murderer) published March 1st, written by Meg Laughlin. I so very much appreciate that they have allowed us an opportunity to share our story with them, and that they have done so much to investigate and expose the wrongs.  I'm humbled by it actually. 

Yesterday I had the awful task of telling Leo Schofield of Judge Carpinini’s ruling. I can’t even find words to describe the depth of our disappointment, frustration, and heartache. 

We were quite shocked and surprised that Judge Carpanini, with a less than 6 week review of the case record (13 volumes of transcripts plus 3000 pages of documents), decided that although he admits, “fingerprint evidence conceivably could have had some affect…. on defendant’s guilt…” he would not grant a new trial nor even an opportunity to hear a presentation of the facts. Instead he has chosen to keep an innocent man in prison. 

His dismissal of the only now available scientific evidence in this murder (the fingerprints) as “not rising to the level of so weakening the case” is ridiculous.  This case was completely wrapped around the tall tales of Alice Scott despite sworn testimony by others that she got it wrong.  Also, to hold Leo responsible for the prints not being identified in 1987 is unreasonable.  And, certainly, it is a contradiction to all that should be expected in terms of “justice.”  

Even Mr. Aquero’s comment that he “expected the recent fingerprint identification of the alternate suspect would get Schofield a hearing to look at the new evidence” supports our belief that the evidence linking Jeremy Scott to this crime, with his history of violence and murder, is significant and important enough to warrant a new trial. 

For me, and Leo and our friends and family, there is no justice until this insensitive and careless attitude, the deceptions, cover ups and lies are shattered and the truth is revealed.

Crissie Carter Schofield

January 23, 2008

Hello again. We got news last week that, despite being told otherwise, Leo’s case was rotated to another Judge. It had been with Judge Prince since December 2006…. And since he made no ruling during those 13 months, it now is “rotated” to Judge Carpinini. It is frightening to think that now another Judge could take months and months to get familiar with the case. While they’re thinking about administrative issues and schedules and such, they seem to be forgetting that there are real people involved. Frustrating! Thankfully Leo offered a safe outlet for me to feel and express my emotions… and then re-directed that energy. And so now we…. Wait.

And … here is a note from Leo:

To all my family and friends:

I know that you have all been patiently waiting to hear some good news that this case is finally moving to the next stage. I appreciate the love and support. Thank you on behalf of myself and Crissie for helping us feel less isolated throughout this ordeal.

Recently I have been informed that my case was rotated from Judge Prince to another Judge during a routine case rotation. Many were told last November that this was possible; however, I had reason to believe that Judge Prince was planning on keeping my case and that we could expect to hear something by the 31st of December. When that date had come and gone with no movement, reporters from the St Petersburg Times, who have been monitoring this case’s progress since their story came out in August, was informed by the Judge’s assistant that: Judge Prince was in middle of civil trial; that he would be busy for the next 2 weeks; that his cases were rotated and yet he did keep mine; that we could expect to hear something in another month. That was and is my understanding of where the case was as early as last week.

I was informed by my lawyer, though Crissie, on January 18 that the case had been passed on to Judge Maloney, who promptly recused himself with a conflict of interest issue, and it is now in the hands of Judge Carpinini.

At first it would seem that someone was playing games with me. After all, Judge Prince has had all the motion in my case before him since mid summer. How long does it take to decide that the growing mountain of evidence showing my innocence is worthy of at least a hearing?

Judge Prince is reputed to be a smart judge. He knows the law, reads cases carefully, likes to explain his decisions, and is fair. He is also notoriously slow in making those decisions.

Well, the later sure played out to be true for me but I was willing to wait until the cows came home to take advantage of his other qualities. For that reason alone I was disheartened to hear the case has been moved. I wanted to hold on to a small vestige of hope that someone in the “system” has the integrity to do what is right. I believed it was Judge Prince.

So now we move on with the same faith we started with. I know your frustration, believe me I do. I was tempted to write some real negative thoughts, but everything happens for a reason and this is no different. Let us now take inventory of what we know:

1. Prayer is never in vain with my God.

2. I have a tremendous support group made up of friends and family who won’t be put off by lies regardless of who tells them.

3. I have a great lawyer who really believes in my innocence and will see us through every legal battle.

4. This may be the most important; we are fighting for what is right. I am truly innocent of Michelle’s death and that won’t change…. Even if the judge’s continue to do so.
   

So my bottom line is this: It was meant to be. I’m not thrilled but I’m still confident. I’ve waited 20 years for justice to prevail, I believe it will despite the efforts of those who hide and/or dodge their responsibility in this matter.

I thank all of you for your support, including those who can not be named. You have made Crissie and I feel not so alone and my gratitude is without limit. Thank you and may you all be blessed.

Leo R. Schofield, Jr.

I, too, thank you for the support and interest. It helps us get through.

Crissie

October 1, 2007

Polk County State Attorney Jerry Hill sent a letter to the Editors of the St Pete Times (with a copy to the Lakeland Ledger) with his thoughts and opinions of the DOUBT story. He was critical of the investigative reporters and the story and attempted to “correct” them. Hill made claims that are absolutely not true and not supported by the facts of the case. The Editor of the St Pete Times, Richard Bockmon, responded with a letter detailing point by point where Hill was wrong. In most cases he quoted directly from the trial transcript to support his facts. Both of these letters were given to the Lakeland Ledger. On September 27, 2007 the Ledger published an article written by Dana Willhoit, discussing the “dispute” between the Prosecutor and Newspaper. She obviously did not concern herself with giving any thought to which one might actually have the facts right. Instead she wrote paragraph after paragraph explaining what Hill said, and then in some lame attempt to “fairness” she wrote 3 paragraphs where she quoted Bockmon quoting Hill !! Crazy!

But… here is a copy of the letter Leo wrote in response…..

Crissie

To: The Editors of the St. Petersburg Times and Lakeland Ledger

From: Leo R. Schofield, Jr.

Re: Response to Mr. Jerry Hill

Date: October 1, 2007

I want to first thank you for the story that was printed originally in the St Petersburg Times and then later in the Lakeland Ledger. Not only is it a factual, truthful news article, but it also shed some light on the claim that I’ve been making since Michelle’s death; the state has manipulated, slanted and even invented evidence for the sole purpose of gaining (and keeping) a conviction regardless of my innocence. Justice has never been served in this case and Michelle’s killer has yet to be held accountable.

I wish to say one thing to you before I continue with this response. I am unequivocally innocent of Michelle’s murder and regardless of how much time I serve for this crime, I will never be guilty. I share that because I want you to know that your story is 100% on the right side of real justice. The state has, through its agents such as John Aquero, made me a second victim in Michelle’s murder. Her family as well as mine, along with many friends, despite their personal beliefs, make up numerous more.

Recently I have had the opportunity to read the response to this story written by State Attorney Jerry Hill. I was deeply saddened by his stance. I honestly believed and had hope that if anyone would be able to see through this mess it would be Mr. Hill. He has a reputation for not only being fair but also right. I had to ask myself how he could get so wrong in this case. I believe I know the answer. He trusted in his subordinates; something he should be able to do, professionally speaking, but was subsequently given erroneous information. To believe otherwise is to say that Mr. Hill read the record but then purposely fabricated scenes which ultimately do not exist in this case. I refuse to believe Mr. Hill would sacrifice his integrity in this manner. Nevertheless, and for one reason or another, nearly all of his response is not only slanted in favor of the bogus conviction, it doesn’t even begin to answer to the real problems of this case, ie: the timeline, Ricky Scott’s information that his wife Alice could not have seen or heard what she says she did, the medical examiners testimony that Michelle died 5 – 10 minutes before the drag marks were made on her body, (a fact that could not have happened if she were murdered in our trailer), the complete lack of blood in the trailer, coupled with the fact that FDLE technicians found absolutely no evidence that the carpet had been cleaned with steam or detergent in the past six months. It should be noted that the carpet was tested for such cleaning, why then is Alice Scott’s lie about a carpet cleaner continually promoted by the officials who know that whether a carpet cleaner was brought in or out of that trailer is totally moot? I’ll tell you why, to thicken the smoke in order to hide the fact that there never has been any real evidence of guilt pointing toward me. Do you know why? Because no such evidence exists. I’m not guilty!

Mr. Hill has attempted to do what Aquero was successful in doing during my trial. He is trying to build confidence in this conviction by making people believe I had the “propensity” to commit the murder. He does this by restating, often incorrectly, evidence of bad acts testified to by witnesses. I had originally thought to answer every one of these accusations in order to untie the many twists that have been created. But then I would be using the same tact the state has taken. Instead I’ll offer this challenge. I have the entire record of this case from police reports to trial transcripts and all the motions and responses to date. Compare his response with that record and see what happens to Mr. Hill’s credibility. You’ll be faced with this question: How and why did he even write such a response?

In closing I wish to say this. It may be acceptable for Mr. Hill and Mr. Aquero to gloss over Jeremy Scott’s involvement in this crime by not even responding to the real issues surrounding him, but I think its worth looking at what isn’t persuasive to those sworn to protect.

1. We don’t have to wonder whether Jeremy was in Michelle’s car that night as a friend or not because he himself told Aguero that he was in the car to steal the radio. Aguero stated that Jeremy didn’t kill Michelle because among other things, he didn’t know her. Whether he knew her or not is moot unless Aguero assumes that murderers only kill people they know.

2. Michelle was robbed of her tip money ($13.00) which she made that day. While still being in possession of her wedding ring…. another point Aquero makes to show Jeremy couldn’t have killed her since he would’ve taken the jewelry. Jeremy is known to steal small amounts of money while leaving jewelry on his victims, ie: Jewel Johnson and Donald Moorehead.

3. Jeremy’s prints were definitely on and/or in the car, specifically on a Champion TV rental contract that was stored in the glove box but found in the cargo area where he apparently threw it. Doesn’t sound like he’s just getting a ride somewhere.

4. Michelle was found in an extremely remote and isolated are which Jeremy used as his lair according to his then girlfriend Jami Nelams, who was brought down there at night by Jeremy, choked, raped and one time left.

5. Michelle’s body was found 1.7 miles from where Jeremy lived. The car was found in route to his grandmother’s house.

6. Prior to Michelle’s death, Jeremy had an extensive criminal record including an indictment for the murder of Jewel Johnson which although he was ultimately acquitted of, he later boasted of getting away with.

This and more many not seem like a “mountain” of evidence to Mr. Hill but it begs the question of him: If there was no such person as Leo R. Schofield Jr. and all you had was this link to Jeremy Scott would his sincere look me in the eye denial be enough to keep you from bringing charges against him? If you answer that honestly, (we all know the real answer anyway, especially since you brought charges against me with far less), my next question is, why do you claim to believe him now? No one else does.

Again, I thank you for having the heart to tell the truth as you found it to be. I dare say that if the level of investigation which Meg Laughlin and Don Morris applied to this story had similarly been applied in this murder, I wouldn’t be in prison and Michelle would’ve received justice. In fact, if the “system” would have worked where it concerned Jeremy a long time ago, then we’d still have Jewel Johnson, Donald Moorehead, Michelle Schofield, and probably others with us on this very day. Justice? We are still waiting for that. You have given us hope…

Thank you,

Leo R. Schofield, Jr.

September 14, 2007

Welcome!

It is our intention that this website provide information and a forum for Leo and I to speak to all of you who have been so kind and supportive through the years, some we’re just now getting to meet. We’re grateful that you are visiting our site.

We welcome your comments, questions, suggestions and feedback. I want to start my blog by actually posting a note written by Leo after he learned of all the comments written in response to the ar">I can not begin to express the gratitude I feel toward Meg, Don and the staff of the St Pete Times for the professional job they’ve done with this story. I am so far beyond words. It breaks my heart that it has taken this long to find answers… the real answers, not the contrived ones. And to be totally honest, those answers (although they make sense) provide very little comfort. Closure is a myth; there is no such thing. I have lived with the agony of losing Michelle for 20 years without having time to even mourn for her. I have no doubt I’ll live with it another 20 years and, with every thought, I’ll experience that same agony.