Balanced Justice Network advocates for criminal justice reform, second chances and transparency in plea bargains and sentencing.
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Podcasts:
Spoken by Mitchell E. Finlay.
Collected & Published by Evelyn Castillo-Bach
Brief History of Parole in Florida
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Read MoreBalanced Justice Network reports on a case from Miami-Dade County, Florida:
- Prosecutors offered a 5-year plea deal.
- He would have served 3 years.
- Mitchell rejected the plea, believing innocent people don’t take plea deals.
He was Sentenced to Life.
He has now served 22 years.
Case Summary:
Mitchell E. Finlay immersed himself in the middle of a 2-state sex scandal involving his former wife, a professional stripper in Ohio, multiple swapping sex partners, a toxic divorce, and a one-night stand on Miami Beach in 2001 with a woman Mitchell unwisely proceeded to disclose the drama in Ohio.
Relitigation is not the goal.
A Second Chance … Balanced Justice is the goal.
A man who was deemed worthy of a 5-year plea deal and eligible for release in 3 years does not deserve a life sentence, which in Florida is a death sentence.
Mitchell maintains his innocence.
No Weapons
No Death
No Serious Injury
No Drugs
Why prosecutors offered 5 years?
It was a hookup.
One night stand on Miami Beach. He said, she said.
22 Years = 8000 days
440% longer than 5-year plea.
Home 19 years ago had Mitchell taken the plea.
SUPPORT BALANCED JUSTICE & SIGN PETITION TO RELEASE MITCHELL
“In general while some difference between the sentence offered prior to trial and the sentence received after trial is permissible, a substantial difference undermines the integrity of the criminal system and reflects a penalty for exercising one’s right to trial. This differential, often referred to as the trial penalty, should be eliminated.”
“Charges should not be selected or amended with the purpose of creating a sentencing differential, sentencing enhancement, punishment or collateral consequence to induce a defendant to plead guilty or to punish defendants for exercising their rights, including the right to trial.”
Mitchell was in his late 20s when arrested. Today he is 52 years old.
He was immersed in life styles of wild partying in Florida and Ohio centered on promiscuity, swapping partners and risky associations.
Poor judgment for sure.
Does it merit a life sentence? A life sentence is a death sentence in Florida.
Prosecutors have the power and discretion to grant Mitchell a second chance, release him immediately and even place him on probation.
In Florida there is no statutory parole or probation for a life sentence. But prosecutors have the discretion to give a second chance.
No one who is offered a 5-year plea deal should serve 22 years in prison or sentenced to life.
Case Facts:
Miami-Dade Prosecutors assert they have no record of the plea deal they offered to Mitchell Finlay.
Mitchell’s trial attorney who was also a former Miami-Dade prosecutor has recently verified in writing that the prosecutors did in fact offer a 5-year plea deal.
As reported in the 2023 Plea Bargain Task Force Report: ABA Criminal Justice Section
“Court systems, sentencing commissions, and other criminal justice stakeholders, including prosecutor offices and public defenders, should collect data about the plea process and each individual plea, including the history of plea offers in a case. Data collection should be used to assess and monitor racial and other biases in the plea process.”
Listen to Podcast
Balanced Justice: Where is it?
Spoken by Mitchell E. Finlay
Case Facts:
- Miami-Dade prosecutors do not offer 5-year plea deals to defendants deserving of a life sentence. This simply does not happen.
- They offered the 5-year plea because of the facts of the case.
- No weapons, no serious injury, no prior violent convictions.
Case Facts:
- Miami-Dade prosecutors deny a second chance to Mitchell by accusing him of being a serial offender.
Not True.
- Mitchell had no prior violent convictions when he went to trial in Miami-Dade, Florida. His prior conviction was for financial misconduct, nothing to do at all with any violence.
MORE FACTS ABOUT MIAMI CASE
- In an alcohol-fueled late-night and pre-dawn beach talk, Mitchell revealed to his accuser the ongoing ex-wife legal battles in Ohio. An immediate post-hookup argument triggered intense anger in the accuser. Mitchell reported all this to the police when he was arrested – which was audio recorded by the police at the time.
- The accuser stated she passed out during sex from Mitchell’s hands on her neck. This was denied by Mitchell.
- During the bond hearing the prosecution showed markings on the accuser’s neck. The judge expressed his view that it looked like markings from her jewelry.
- There was no DNA from Mitchell on the accuser.
- The accuser reported to police she had been assaulted by a man with tattoos. Mitchell has never had tattoos on his body.
- Mitchell was approached by his accuser at the hotel lobby and she asked to see his hotel room at 5 am.
- Mitchell maintains there was a single consensual intimate encounter.
No one within the criminal justice system has offered to correct this clear example of sentencing cruelty and imbalance.
Listen to Podcast
Mitchell's Direct Plea for Help
Spoken by Mitchell E. Finlay
Case Facts:
The Miami-Dade Trial
Mitchell’s attorney was a former prosecutor in Miami-Dade. He has recently documented in writing that the prosecutors did in fact offer Mitchell a 5-year plea deal.
- When Miami-Dade prosecutors under the leadership of the current State Attorney, Katherine Fernandez Rundle, offered the 5-year plea deal, they knew that in Mitchell’s home state of Ohio he had a pending grand jury indictment.
- When the life sentence was imposed by the Miami-Dade trial court, Mitchell had no prior violent crime convictions.
- During closing arguments, the lead prosecutor turned to the all white jury and stated that Mitchell had finally gotten himself “a blond.”
- Following the trial and sentencing in Miami-Dade, Mitchell was returned to his home state of Ohio to face a grand jury indictment which involved accusations made by his ex-wife and her professional network of live adult entertainment.
- Prior to this grand jury indictment, Mitchell’s former spouse twice orchestrated false accusations. Both times the grand jury returned a “No Bill.” In other words, no indictment. Notably fellow female co-workers at the strip club testified that Mitchell’s ex-wife solicited them to give false testimony.
Listen to Podcast
Change Movement & Prosecutors
Spoken by Mitchell E. Finlay
Was Mitchell ever tempted to take the plea deal offer made by the Miami-Dade prosecutors?
No! He believed innocent people should not plea guilty.
“This task force that includes prosecutors, judges, defense attorneys and academics cited “substantial evidence” that innocent people are coerced into guilty pleas because of the power prosecutors hold over them, including the prospect of decades-long mandatory minimum sentences.”
Listen to Podcast
On Creating Chaos & Poor Judgment
Spoken by Mitchell E. Finlay
CURRENT STATE OF MITCHELL’S INCARCERATION
- Mitchell has served 22 years in prison.
- He was in his late twenties when charged.
- His accuser was in her mid-twenties.
- Today Mitchell is 51 years old.
- Had Mitchell accepted the plea deal, he would have actually served 3 years.
- Mitchell maintains his innocence.
- He has maintained an exemplary record throughout his incarceration.
CURRENT STATE OF APPEALS
All procedural defense motions allowed have been exhausted.
- During the last appeal filed, Mitchell’s appellate attorney showed that among other issues, the verdict form was defective and that Mitchell was essentially convicted of a life felony that does not exist under Florida statues.
- The prosecutorial response was to assert that this argumentation was now procedurally barred. In other words, too late to fix this.
MITCHELL AS AN INMATE
Mitchell has an exemplary record as an inmate. Numerous prison officers have provided written commendations.Mitchell has maintained a relationship with a woman outside of prison and will marry her and adopt her son upon release.
Had Mitchell not engaged in the life styles of wild partying in Florida and Ohio – centered on promiscuity, partner swapping and risky associations – he would not be in prison today.
Listen to Podcast
Strip Clubs & Partying Culture
Spoken by Mitchell E. Finlay
THE CASE IN OHIO
Following the trial and conviction in Miami-Dade, Mitchell accepted a plea deal of 6 years in Ohio. He learned from his experience in the Miami-Dade trial that pleading guilty, regardless of one’s innocence, is the best choice.
- The Ohio grand jury indictment in 2001 centered on accusations made by his ex-wife and some in her network of strip club colleagues and working call girls, reports Mitchell.
- Mitchell also reports that on 2 previous occasions his ex-wife orchestrated false accusations. Each time, the Ohio grand jury returned a “No Bill” verdict. A “No Bill” verdict means that the grand jury concluded the evidence did not support pursuing a criminal charge.
- In other words, TWICE, the Ohio grand jury rejected to indict Mitchell.
- Mitchell also reports that one of the “No Bill” verdicts followed when the Ohio grand jury heard testimony his ex-wife asked women to lie and give false testimony.
- Shortly before the 2001 Ohio grand jury indictment, Mitchell threatened to report his ex-wife to the child welfare authorities regarding her neglect of her biological child. This ignited tensions.
- It was also at this time when Mitchell decided to completely cut off all financial support to multiple women who would later join his ex-wife in her accusations in 2001.
- The case in Ohio was settled and closed years ago. Mitchell accepted an Alford Plea of 6 years. He learned from his experience during the Miami trial that it’s wiser to accept a plea regardless of your innocence.