My name is Robert Bens and as of today March 16 I have been given the Florida Supreme court number S.C - 13 - 400 and I have gotten this case to this level all Pro se with no respect from the
court in any way. I am not a lawyer I am a radio guy with the call KF4NPH.
These are the facts, in 1996 my then girlfriends father passed away and we moved into the home in St. petersburg Florida. The home was packed full of junk almost to the point of the T.V show
horarders you see on T.V. I had the job of disposing of all the mans belongings and setting up my many antennas used as a radio hobbyist. A neighbour a 16 year old boy saw me digging a hole
in the yard and offered his service to dig for a couple of bucks I don't recall the exact amount, no more then 10 or 20 dollars total His name was Steve Pain. while he was digging the hole for one
of my 12 foot parabolic reflectors ( Satellite dish ) he did observe me wheel barrelling load after load of the junk from the home to the alleyway trash container. After his work was complete he
was paid and then climbed into the trash container and sorted through the junk and made ten or so trips back and forth on his bike with boxes full of junk and took it all home with him.
And made quite a mess around the trash bin I should add. But I did observe local bum types digging aluminium cans out also at separate occasions. That night we got a knock on our door
I looked out and saw it was the local police. I went outside to find out what they may want and was asked "Are you the one who has been filling the trash bin" I answered "Yes" and was promptly
arrested. On the way to jail I asked the officer what I was being arrested for to be told "You will find out when you get to Jail" Being booked into the Pinellas county jail on the charge slip it read
only "P.O.M." I asked a jailer what this P.O.M. stood for to be told nothing. When I appeared at the arraignment to find it was the initials for "Protection of minors" and found that the boys mother
had discovered her son looking at a pornography tape he found in the trash, And I was being charged with "Distribution of Pornography to a minor" Since I had been in trouble in my past for theft
charges the state attorney was threatening me with FIVE years in prison along with some stretch of probation to follow. I hired Jeff Brown a local attorney and professor of law at the Stetson law
school and paid him from my disability check ( I have been diagnosed with Dyslexia, Acrophobia , and Bipolar. With Mr Brown on my side the threat was greatly reduced in fact his words were
"The state is willing to make you a deal, a TWO dollar fine along with a early term probation" When I got in front of the Judge I asked "Just how early is this early term of probation?"
To be told "Well tomorrow if they let you" My question to Jeff Brown was " can we get this weird sounding charge changed to something other the distribution of pornography?' to be told
"Dont worry we have a system in place that only addresses repeat rapists and repeat child molesters, dont worry take the deal" Well I took his advice and paid the TWO dollar fine to the clerk
and getting home looked at the court papers to find that it was wrote up as a three year probationary period with any early termination. I was not merely let off when I went to report and was
held for almost two years or so and in the process retroactively made a Sexual Offender when they started this new system. I asked "how long will I have to remain on this for?" to be told
that after ten years I could petition to have my name removed. I contacted the Pinellas county Jail and was told that my time to appeal had expired and I would have to keep my sentience.
I tried to contact Jeff Browns office and the secretary would ask my name place me on hold then come back online with the news that "He was not in the united states on a trip".
I was trapped as a offender and my life went from somewhat normal to a living hell, police passing out flyers to the entire neighbourhood neighbours who used to wave and chat with me
turned to sneers and horrible accusations of me raping children and making "Kiddie porn" to outright death threats and my car was set on fire. They had a cable T.V. channel with pictures
and addresses shown on a public access channel for a few nights a week and at that point 99% of my friends and even family turned there back on me. Then a new law came out that
stated that any Sexual Offender must have homeless placed on there drivers licence. I went to the Department of motor vehicles to have this done and was told that they could not do
this do to the fact that the computer systems had not been upgraded to compensate for this new requirement. I demanded to see a supervisor and she came and assured me that she would
remember me and if anything came of this she would testify to the fact that I tryed to comply with the law and the system could not allow homeless to be entered as a address.
I still requested something in writing to be told she could not do this do to department regulations but not to worry, I was promptly arrested and was offered a time served release for
excepting a Felony failure to register charge. I forgot to mention that in 2005 I was granted clemency by then Governor Jebb Bush and took the document to the local sheriffs department
to be told "With this document you do not have to register however if you fail to register we will arrest you for Failing to register" On this new charge of Failure to register due to a computer
not being updated I told Judge Thomas McGrady " If I except a felony I will loose my clemency" His response was "That is a moot point" and I had to sit in the Pinellas county jail for
THREE HUNDRED AND SIXTY ( 360) days under threat of FIVE years prison, I had a public defender Mrs Nina Hayden and kept telling her that she needs to have a disposition
done to the supervisor at the D.M.V. that will vouch for my story. After about a year she did get testimony from the supervisor and Nina told me that the state had agreed to reduce
the charge to a M.M for obstruction of justice. I agreed and went into the court to sign at the podium and right before I signed thank God I read the document and it was wrote up as
"Felony failure to register time served" I put the pen down and asked nina where the M.M. deal had gone and she seemed upset and barked "We do not reduce felony's to M,M,s"
At that point Judge McGrady shouted " Mr Bens I have not got time to play games, sign the form and go home!" I refused and was taken back to my cell. I used the phone and called
my brother Christopher Bens and told him of the trick that was being played onme and to please bond me out its been a year of torture in here, He bonded me out and I was given
some different public defender and the charge was indeed reduced to a M.M of obstruction of justice for time served. Now is where things get a tad strange, when I looked into
the computer it did not show I was convicted of a M,M It read "found guilty of Felony failure to register as a Sexual Offender" on the public record. I called the clerk of the court
and informed her that this was incorrect and offered to bring in the M,M, paperwork as proof to be told "It can only come from the judge" and I figured it was a clerical error and
met a wonderful woman and moved up here to Crystal River here in Citrus county. I promptly went to the local sheriffs office and did register my address here where I live and
when we returned home within 15 minutes a sheriff came out and arrested me for Felony failure to register due to some bran new law I had never even herd of that was you
have to update your Drivers Licence within so many hours upon a new address. I asked why didnt you kindly inform me of this while I was just there? to be told " This is the
land of Jessica Lunsford Sexual offenders get nothing kind but jail" I was given a public defender Mike Lumbarty here in Citrus and the charge was again reduced to a M,M,
time served. And yet again when I looked on the court computer system it was recorded as Guilty "Felony failure to register!!!" I knew now that something was far from a
clerical error since this has happened in two seperate county's! Using my clemency i petitioned Pinellas county to be removed from the Sexual offender data base and was
denied due to only one fact " the con sensuality factor within the federal adam walsh act". I appealed pro se to the second D.C.A in Lakeland and at that point the Felonys
were corrected on the record to M,M.s however I was denied Per Curam. Now I have this in the Florida Supreme court and I don't want to screw up my last chance to rectify
this at the highest court and in dire need of help.
Sincerely
Robert Kenyon Bens KF4NPH
4590 North Timberwood Point
Crystal River Florida 34428
Cell 352 - 601 - 4807
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