Balanced Justice Network News & Reports
South Florida Mom and Executive Director of Balanced Justice Network is leading the campaign for transparency in plea bargains.
The Transparency in Plea Bargain campaign supports prosecutors who
advocate for the highest ethical standards in prosecuting cases and correcting errors.
The Executive Director of Balanced Justice Network – Changing the System announced the start of a new campaign focused on transparency in plea bargains. “The decision to spearhead this campaign was inspired by an important report by the American Bar Association released late last year,” stated Castillo-Bach.
According to the American Bar Association 2023 Plea Bargain Task Force Report, their study identified a significant differential between plea deals offered and the prison sentence administered when defendants choose to go to trial. As reported in the 2023 Plea Bargain Task Force Report, Criminal Justice Section “while in general 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.”Balanced Justice Network will initiate a video-centered campaign to Florida politicians and other stake holders within the criminal justice system, stated Castillo-Bach who added her agreement with the following American Bar Association statement: “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.”
Balanced Justice Network advocates for criminal justice reform, second chances and transparency in plea bargains and sentencing.
“The Transparency in Plea Bargain campaign supports prosecutors who advocate for the highest ethical standards in prosecuting cases and correcting errors,” stated Castillo-Bach.
The initial Transparency in Plea Bargain campaign videos are available on Balanced Justice Network.
“We are starting our campaign focused in Miami-Dade County,” stated Castillo-Bach.
Balanced Justice Network – Changing The System
info@balancedjusticenetwork.org
Visit us on social media:
Balanced Justice Network Calls on State Attorney Fernandez Rundle to Investigate Missing Plea Deal Notes
Balanced Justice Network has announced it is calling on the Miami-Dade State Attorney Fernandez Rundle to conduct an independent review and investigation into how her office tracks and retains plea deals offered by her prosecutors.
Balanced Justice Network advocates for criminal justice reform, second chances and transparency in plea bargains and sentencing.
Founded by its Executive Director Evelyn Castillo-Bach in August 2023, the organization has communicated with the office of Fernandez Rundle on the issue of plea deal documentation.
“Specifically, I have requested in writing acknowledgement that a 5-year plea offer was made to my son Mitchell E. Finlay. I have never received a response,” stated Castillo-Bach.“While the State Attorney’s office cannot find the plea deal offer, we have written verification of the then-trial attorney who was a former prosecutor under Rundle.
He emphatically confirms in writing that there was a 5-year plea deal offered and rejected by Mitchell,” stated Castillo-Bach. “The plea deal offer is pivotal to demonstrating that the subsequent Life sentence received is a violation of his human rights and civil rights.”
Balanced Justice Network applauds and supports the Florida Association of Criminal Defense Lawyers (FACDL) for its recent call for the State Attorney to conduct a “full independent ethics review within the Miami Dade State Attorney’s Office,” as reported this past week in the Miami Herald.
The Florida Association of Criminal Defense Lawyers statement states:
“What does seem clear is that Miami Dade State Attorney has fostered conditions permissive to a toxic culture. As a result, within this culture, prosecutors act contrary to their ethical duties. Ms. Fernandez Rundle’s prosecutors seem to be encouraged to disregard the rules of court and conduct in favor of a “win at all costs” approach.”
The American Bar Association 2023 Plea Bargain Task Force Report stated in its report the following:
“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.”
On Balanced Justice Network anyone can listen to podcast episodes from Mitchell Finlay.
The website also gives a concise summary on the case and includes a link to the last legal brief filed by Finlay’s appellate attorney Richard C. Klugh.
On November 13, 2015, appellate attorney Richard C. Klugh filed an appeal to the Life sentence in THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, CASE NO.: 3D15-1249, MITCHELL FINLAY, Appellant,-vs-STATE OF FLORIDA. APPEAL FROM THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY.
Balanced Justice Network – Changing The System
info@balancedjusticenetwork.org
Visit us on social media:
2 Letters from Danish Step-father Rebuffed by Fernandez-Rundle
With the permissions of Peter Bacn, Mitchell Finlay’s step-father, Balanced Justice Network is publishing 2 letters he sent directly to Miami-Dade State Attorney Katherine Fernandez Rundle. She never responded to him.
Step-Father Letter to State Attorney Katherine Fernandez Rundle In Support of Mitchell Finlay’s Release
FOR IMMEDIATE RELEASE -Letter 1
To: Ms. Katherine Fernandez-Rundle, State Attorney, Miami-Dade
From: Peter Bach
April 2. 2024
Re: Statement in Support of Mitchell Finlay’s Release
I am Mitchell Finlay’s stepfather. I visited him several times in 2001 while he was in pre-trial detention. I was present during his Arthur hearing. I was present during a subsequent attempt to correct his sentence. In other words, I have been involved with this case for nearly 23 years and as such I possess firsthand knowledge of the consequences not only on Mitch but also on our family.
Frankly, I don’t know how Mitch manages to stay sane after so many years in prison and maintain his dignity and integrity without getting entangled in standard prison trouble. Yet, he seems to possess an inner strength, which, I know, he sustains in large part because he believes in his release and pursuing his dream. His dream involves living an ordinary family life and pursuing a solid business plan that he has perfected over years in prison. While it may sound like a pipe dream, having discussed this plan with him repeatedly and extensively, I am convinced that given the chance to execute it, he would not only succeed but excel. I am certain he would not pose a danger to anybody.
As an attorney myself from Denmark, I understand the consequences of turning down a plea deal. However, after nearly 23 years of living with this nightmare, it remains inexplicable to me how such a decision can become a binary option between accepting a 5-year plea deal versus life in prison. While this is legal, at least in the United States, in my view this is not justice; it feels like vengeance with a capital V leaving Mitch and his family with no hope and no way out.
Finally, should the State Attorney be amenable to potentially considering Mitch’s release, I imagine the question of precedent-setting and recidivism would loom large in her mind. However, given the particular set of facts in this case – including Mitch having served 23 years by this August – for a single event, no witnesses present, and no relation to organized crime, gangs, drugs, or money laundering – and based on my intimate knowledge of Mitch’s character – I hope such considerations will be augmented by his exemplary behavioral record during his 22 years and 3 months in prison, and my personal guarantees that if given the chance, he would thrive and excel in the outside world.
Yours Sincerely,
Peter Bach
Balanced Justice Network – Changing The System
info@balancedjusticenetwork.org
Visit us on social media:
FOR IMMEDIATE RELEASE – Letter 2
To: Katherine Fernandez Rundle
From Peter Bach April 10, 2024
On April 2, 2024, I sent you my statement in support of Mitchell Finlay’s release as his step-father.
On 5 April, I received a rather perfunctory response from Mr. Talpins. It is disappointing that despite the sober and respectful nature of my communication, the response completely ignored the core argument in my communication, namely the unreasonable differential between the 5-year plea deal offered and the subsequent Life sentence imposed. The response also misspells Mr. Finlay’s name.
Mitchell was convicted on four counts. He has served his time in relation to three of those. The outstanding matter is the Life sentence. Let’s be honest. Realistically, the only way this case may be resolved is if you, within your authority as the State Attorney, accept the argument that the differential between the original 5-year plea deal and the subsequent Life sentence is disproportionate and morally unjustifiable.
With this communication, I respectfully ask you to consider whether the equivalent of a death sentence is justified in what is essentially a she said, he said case with no witnesses, except one who saw them being close and affectionate in the hotel lobby.
I’d argue that the Life sentence, in reality a Death sentence — of which Mitchell has served 22 years by August of this year — is not only disproportionate but outright cruel, morally unjustifiable and plainly wrong.
As a lawyer with extensive Human Rights and International Humanitarian Law experience earned in war-torn countries in transition, I’d argue that in many parts of the world, including Europe, this sentence would also be considered a violation of human rights.
With this, I hope you can find it in your heart to grant my early release request.
Sincerely yours,
Peter Bach
Balanced Justice Network – Changing The System
info@balancedjusticenetwork.org
Visit us on social media:
Balanced Justice Network Alert: Mitchell E. Finlay sentenced to Life after rejecting 5-year plea
The Executive Director of Balanced Justice Network Evelyn Castillo-Bach announced today that despite the recent documentation she submitted to Miami-Dade State Attorney Katherine Fernandez Rundle — documenting her son Mitchell E. Finlay was offered a 5-year plea deal prior to being sentenced to Life — the chief prosecutor has not acknowledged the existence of the plea offer. “Why not acknowledge the 5-year plea? The written statement by my son’s then defense attorney confirms the plea offer was presented and would have resulted in a release from prison in 3 years,” stated Castillo-Bach who reports she has made numerous attempts to meet with Rundle to discuss a resolution to her son’s sentence.
“I really believed that with this indisputable evidence State Attorney Rundle would agree to grant my son a Second Chance and release him in time to be home for Thanksgiving and the holidays after having served 22 years locked up. All we seek is a fair and humane solution to this cruel sentence in a case involving no drugs, no weapons, no serious injury, no death. Balanced justice would be served by State Attorney Rundle granting Mitchell a Second Chance and placing him on probation,” stated Castillo-Bach.
The Second Chance option is seen by Castillo-Bach as critically important in returning balance to the criminal justice system.
As reported in the 2023 Plea Bargain Task Force Report: American Bar Association Criminal Justice Section:
“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.”
Castillo-Bach frequently cites the 2023 Plea Bargain Task Force Report by the ABA Criminal Justice Section which underscores the harm caused by the trial penalty.
“I don’t understand how is it reasonable, decent or moral to deny a man a Second Chance when it was determine 22 years ago that the facts in Finlay’s case merited a 5-year plea but the decision to go to trial led to a charge that carries a life sentence,” asserts Castillo-Bach. “
On the website for Balanced Justice Network anyone can listen to podcast episodes from Mitchell E. Finlay. “These podcast episodes are a window into the integrity and goodness of a human being who deserves a Second Chance,” stated Castillo-Bach.
The Balanced Justice Network website also gives a concise summary on the case and includes a link to the last legal brief filed by Finlay’s appellate attorney Richard C. Klugh.
On November 13, 2015, appellate attorney Richard C. Klugh filed an appeal to the Life sentence in THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, CASE NO.: 3D15-1249, MITCHELL FINLAY, Appellant,-vs-STATE OF FLORIDA. APPEAL FROM THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY.
Balanced Justice Network – Changing The System
info@balancedjusticenetwork.org
Visit us on social media:
“There is no interest in relitigating the case. Rather, our interest is in persuading the Miami-Dade State Attorney that Mitchell is deserving of a second chance,” elaborated Castillo-Bach who added, “Mitchell has now served 440% longer than the original plea offer stated he deserved in prison.”
Second Chances Matter is seen by Castillo-Bach as critically important in returning balance to the criminal justice system. “When one is offered a plea deal of a few years, chooses to go to trial and ends up with an extreme sentence, it undermines the integrity of the criminal system,” asserts Castillo-Bach.
As reported in the 2023 Plea Bargain Task Force Report: American Bar Association Criminal Justice Section:
“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.”
On the website for Balanced Justice Network anyone can listen to podcast episodes from Mitchell E. Finlay. “These podcast episodes are a window into the integrity and goodness of a human being who deserves a second chance,” stated Castillo-Bach.
The Balanced Justice Network website also gives a concise summary on the case and includes a link to the last legal brief filed by Finlay’s appellate attorney Richard C. Klugh.
On November 13, 2015, appellate attorney Richard C. Klugh filed an appeal to the Life sentence in THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, CASE NO.: 3D15-1249, MITCHELL FINLAY, Appellant,-vs-STATE OF FLORIDA. APPEAL FROM THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY.
A video by Castillo-Bach posted on YouTube also appears on the website.
Balanced Justice Network – Changing The System
info@balancedjusticenetwork.org
Visit us on social media:
“The establishment of November as Prison Sentences Awareness Month is intended to not only raise awareness about unfair prison sentences but to also empower family and friends of incarcerated persons on how they can move to change the system,” stated Castillo-Bach who is well-known as the mother of a son who was sentenced to Life in Florida after he rejected a 5-year plea deal in Miami-Dade County, believing that innocent people don’t accept plea deals.
In September of this year, Balanced Justice Network – Changing The System announced it launched a campaign to engage with the top prosecutor in Miami-Dade County, State Attorney Katherine Fernandez Rundle. “The purpose of the campaign, Second Chances Matter, was to raise awareness on the importance of second chances and the ethical responsibility of prosecutors,”
“Second Chances Matter” is seen by Castillo-Bach as critically important in returning balance to the criminal justice system.
“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.”
On the website for Balanced Justice Network anyone can listen to podcast episodes from Mitchell E. Finlay. “These podcast episodes are a window into the integrity and goodness of a human being who deserves a second chance,” stated Castillo-Bach.
The Balanced Justice Network website also gives a concise summary on the case and includes a link to the last legal brief filed by Finlay’s appellate attorney Richard C. Klugh.
On November 13, 2015, appellate attorney Richard C. Klugh filed an appeal to the Life sentence in THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, CASE NO.: 3D15-1249, MITCHELL FINLAY, Appellant,-vs-
A video by Castillo-Bach posted on YouTube also appears on the website.
Balanced Justice Network – Changing The System
info@balancedjusticenetwork.org
Visit us on social media:
The Executive Director of Balanced Justice Network, Evelyn Castillo-Bach, announced today that her organization wants to work collaboratively with Katherine Fernandez Rundle, State Attorney in Miami-Dade County, to promote ethical prosecutorial responsibility in support of second chances. Balanced Justice Network advocates for criminal justice reform focused on second chances and transparency in plea bargains and sentencing.
“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.”
On the website for Balanced Justice Network anyone can listen to podcast episodes from Mitchell E. Finlay. “These podcast episodes are a window into the integrity and goodness of a human being who deserves a second chance,” stated Castillo-Bach.
The Balanced Justice Network website also gives a concise summary on the case and includes a link to the last legal brief filed by Finlay’s appellate attorney Richard C. Klugh.
On November 13, 2015, appellate attorney Richard C. Klugh filed an appeal to the Life sentence in THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, CASE NO.: 3D15-1249, MITCHELL FINLAY, Appellant,-vs-
Balanced Justice Network – Changing The System
info@balancedjusticenetwork.org
Visit us on social media:
Florida mom thinks of John Legend and Tyler Perry a lot these days. “Their work, their example, their courage in choosing to help the current and formerly incarcerated inspires me to ask if they may just look at my son’s case and deem him worthy?”
MIAMI – Sept. 18, 2023 – PRLog — Evelyn Castillo-Bach, the South Florida mom and founder of Balanced Justice Network – Changing The System, announced today that her organization will actively seek celebrity input to assist in promoting a second chance for her son who was sentenced to Life after he rejected a 5-year plea deal and has served 22 years. The organization specifically advocates for second chances and transparency in plea bargains and sentencing.
South Florida mom with son sentenced to Life after he rejected a 5-year plea deal starts organization for second chances and transparency in plea bargains.
By: Balanced Justice Network – Changing The System
MIAMI, FLORIDA, USA, September 13, 2023/EINPresswire.com/ — A South Florida mom with a son sentenced to Life after he rejected a 5-year plea deal has launched Balanced Justice Network – Changing The System. This criminal justice reform organization specifically advocates for second chances and transparency in plea bargains and sentencing. “No weapons. No drugs. No serious injury. No death involved in my son’s case,” adds Evelyn Castillo-Bach – the mom and now founder of the organization and its website Balanced Justice Network. Her son rejected the 5-year plea because he believed innocent people don’t take plea deals. He was determined to prove his innocence in court.
