Haleigh Marie Cummings #37 5/24/10 - 7/15/10

[Brandi]

542010CF000143XXAXMX
2010-01-21
Defendant
SYKES, HOPE A
Alias

2010-05-26 63 ORDER ON DEFENDANT'S MOTION FOR REHEARING

2010-05-26 64 ORDER ON MOTION TO WITHDRAW AS COUNSEL SUBSEQUENT

2010-05-26 64 TO FILING INITIAL APPELLATE DOCUMENTS

2010-05-26 65 ORDER APPOINTING OFFICE OF THE PUBLIC DEFENDER FOR PURPOSES OF APPEAL

2010-05-26 66 LETTER TO THE HONORABLE SUSAN WRIGHT

2010-05-26 67 LETTER TO THE OFFICE OF THE ATTORNEY GENERAL

http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php

I am terrible at deciphering these things.

Does this mean that Hope's attorney (I thought she was a public defender) is quitting the case and another one will be provided for Hope for her (inevitable) appeal?

[Tamikosmom]

I believe the letter was all about the Croslin siblings and spouses implicating cousin Joe Overstreet in the happenings encompassing that fateful night as well as attempting to gain financially through the sale letter.

There was a copy of Misty's letter to Chelsea posted somewhere.  If somebody could bump it forward ... it would be appreciated.

Thanks

Janet

++++++

Nancy Grace - April 16, 2010[/b]

CHELSEA CROSLIN, MISTY CROSLIN`S SISTER-IN-LAW: I`ve always from day one believed that Joe did have some sort of part in Haleigh`s disappearance, just from the different things, from the van being moved, the scratch. I don`t believe that Tommy and Misty could do anything to harm a child.

JEAN CASAREZ, GUEST HOST: You were sent a letter from Misty in jail. We received a copy of that letter. And that letter that Misty wrote says to you, "He put me up with a knife, and he said that if he would come back and he`d kill me. He told me at the house he would kill me, so I didn`t know what to do." Who`s Misty talking about right there?

CHELSEA CROSLIN: She`s talking about Joe.

CASAREZ: Describe for me what she wrote in this letter in detail. It`s a little hard to read. But tell us all.

CHELSEA CROSLIN: The letter basically states that she -- Joe came in to steal the gun. She didn`t know the gun was gone. When she looked for the gun, the gun wasn`t there. Joe freaked out and took Haleigh. She said that she had seen Tommy in the back door, and when she looked back again, he was gone. So she said that she didn`t know what, you know, Tommy -- part Tommy might -- I don`t believe Tommy had a part in it, just she was implicating that maybe Tommy had known that Joe was there.

CASAREZ: We`re going to talk to Joe`s attorney in just a minute. But Chelsea, what would be the motive to do that? Why?

CHELSEA CROSLIN: I don`t see why anybody in the world would have motive to hurt a child.

CASAREZ: But you must have talked to people. What do people believe the motive for anyone to do something like that?

CHELSEA CROSLIN: I don`t know Joe. And as far as I know, I`ve been told Joe is -- is crazy. So I don`t know what he could do.

CASAREZ: And we want to say that cousin Joe is not a suspect in this case.

<snipped>

CASAREZ: I`m Jean Casarez of the legal network In Session, in for Nancy Grace tonight. You know, law enforcement had said on the record that they were looking for physical evidence in the St. John`s River, and our affiliate WJXT is reporting tonight that two cinderblocks were pulled from the river. They have been sent now for testing.

I want to go back out to Chelsea Croslin, who is with us tonight, the sister-in-law of Misty. Chelsea, you had mentioned before we went to break about a van. And I remember you talking to law enforcement early on about a van. You were using a van at that time in Florida, and that night, it was borrowed by someone. Is that right?

CHELSEA CROSLIN: Yes, it is. It was my sister-in-law`s van.

CASAREZ: And who borrowed it that night?

CHELSEA CROSLIN: Well, I borrowed it from my sister-in-law. And when I woke up the next day, the van was parked in a different spot than I had parked it. So I assumed that the van had been taken from the home that night.

CASAREZ: Do you know who drove it?

CHELSEA CROSLIN: If anybody drove it, it had to have been Joe.

CASAREZ: Why?

CHELSEA CROSLIN: Because my husband was sleeping next to me. He had just been in a car accident and he was on medication. He was asleep hours before I was.

CASAREZ: What about Tommy? Why couldn`t Tommy have taken the van?

CHELSEA CROSLIN: Because Tommy lived at least three miles from where my house was. And it was Tommy`s van, but he lent it to us that night. Joe would have had to have taken the van from my house to go back to that neighborhood. Tommy lived right next to where Misty and Haleigh did, about six houses apart.

<snipped>

CASAREZ: Where was Joe that night? Where was Joe? I mean, was he driving around? Was he sleeping? Where was he? This happened very late at night.

SHAWN SIRGO, ATTORNEY FOR JOE OVERSTREET: He was sleeping, and he was woken up by the same phone call at approximately 4:00 AM.

http://transcripts.cnn.com/TRANSCRIPTS/1004/16/ng.01.html


Police Follow Up on New Leads in 5-Year-Old Haleigh Cummings Case
April 15, 2010

In an interview with the media Thursday in Nashville, Overstreet, 20, broke into tears when he was asked about any possible connection to Haleigh's disappearance.

"If I knew who did it, I would go straight and call the cops and tell them who did it," said Overstreet, according to ABC News' Nashville affiliate WKRN.

His attorney, Shawn Sirgo, said his client is being targeted by family members.

"I do believe siblings have gotten together, substantiated a story that they can't even keep straight, that the lies lead to lies, that the admissions keep modifying," Sirgo said

http://abcnews.go.com/US/haleigh-cummings-family-points-fingers-search-missing-girl/story?id=10384095


Nancy Grace - April 19, 2010

SHAWN SIRGO, ATTORNEY FOR JOE OVERSTREET: We`re officers of the court. And I`m not going to weigh in on speculation or guess -- guessing when the police have an ongoing investigation.

I just know that my client, Joseph, is innocent. He had nothing to do with this. And he`s being thrown under the rug by people who may and possibly do have something to hide.

http://transcripts.cnn.com/TRANSCRIPTS/1004/19/ng.01.html

[carpe noctem]

Mags - to the best of what I know... Chelsea attempted to sell Misty's letter to get money for a car that works, but nobody would buy it.

It was one of her many confessions. If I had to take a wild stab at it... I would guess that
it matches up to what she was telling Granny Hollars on the phone. ...and by matching up,
I mean, knowing Misty it probably had a few details that didn't match.

[Wyks]

542010CF000143XXAXMX
2010-01-21
Defendant
SYKES, HOPE A
Alias

2010-05-26 63 ORDER ON DEFENDANT'S MOTION FOR REHEARING

2010-05-26 64 ORDER ON MOTION TO WITHDRAW AS COUNSEL SUBSEQUENT

2010-05-26 64 TO FILING INITIAL APPELLATE DOCUMENTS

2010-05-26 65 ORDER APPOINTING OFFICE OF THE PUBLIC DEFENDER FOR PURPOSES OF APPEAL

2010-05-26 66 LETTER TO THE HONORABLE SUSAN WRIGHT

2010-05-26 67 LETTER TO THE OFFICE OF THE ATTORNEY GENERAL

http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php

I am terrible at deciphering these things.

Does this mean that Hope's attorney (I thought she was a public defender) is quitting the case and another one will be provided for Hope for her (inevitable) appeal?

Me too!  lol..........

It looks like (and I could wrong) Hope wrote letters ???, is asking for another atty ???, and is appealing her sentence ???. 

Am thinking that to do an appeal, one needs to have a different atty. 

[Tamikosmom]

I dont fell sorry for Hank and Lisa. They left there child mentally and physically years ago. The children placed home to home.. You sow what you reap.. The problem is Hank and Lisa only thought about themselves. They owe more than just  phone calls and money. They owed them a stable home way back but its a little to late..

 

[Wyks]

I dont fell sorry for Hank and Lisa. They left there child mentally and physically years ago. The children placed home to home.. You sow what you reap.. The problem is Hank and Lisa only thought about themselves. They owe more than just  phone calls and money. They owed them a stable home way back but its a little to late..

Well yeah.. and then there's that.   

This case is full of up and downs, ins and outs, mixed feelings galore.  I dunno for sure from day to day what I'm feeling about anything or anyone.  Except that Justice needs to be brought for Haleigh.  On that I don't think any of us waver. 

[Heart]

542010CF000143XXAXMX
2010-01-21
Defendant
SYKES, HOPE A
Alias

2010-05-26 63 ORDER ON DEFENDANT'S MOTION FOR REHEARING

2010-05-26 64 ORDER ON MOTION TO WITHDRAW AS COUNSEL SUBSEQUENT

2010-05-26 64 TO FILING INITIAL APPELLATE DOCUMENTS

2010-05-26 65 ORDER APPOINTING OFFICE OF THE PUBLIC DEFENDER FOR PURPOSES OF APPEAL

2010-05-26 66 LETTER TO THE HONORABLE SUSAN WRIGHT

2010-05-26 67 LETTER TO THE OFFICE OF THE ATTORNEY GENERAL

http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php

I am terrible at deciphering these things.

Does this mean that Hope's attorney (I thought she was a public defender) is quitting the case and another one will be provided for Hope for her (inevitable) appeal?

Me too!  lol..........

It looks like (and I could wrong) Hope wrote letters ???, is asking for another atty ???, and is appealing her sentence ???. 

Am thinking that to do an appeal, one needs to have a different atty. 

Florida Rules of Appellate Procedure
RULE 9.140 APPEAL PROCEEDINGS IN CRIMINAL CASES



(d) Withdrawal of Defense Counsel after Judgment and Sentence or after Appeal by State.

(1) The attorney of record for a defendant in a criminal proceeding shall not be relieved of any professional duties, or be permitted to withdraw as defense counsel of record, except with approval of the lower tribunal on good cause shown on written motion, until either the time has expired for filing an authorized notice of appeal and no such notice has been filed by the defendant or the state, or after the following have been completed:

    (A) a notice of appeal or cross-appeal has been filed on behalf of the defendant or the state;
    (B) a statement of judicial acts to be reviewed has been filed if a transcript will require the expenditure of public funds;
    (C) the defendant's directions to the clerk have been filed, if necessary;
    (D) designations to the approved court reporter or approved transcriptionist have been filed for transcripts of those portions of the proceedings necessary to support the issues on appeal or, if transcripts will require the expenditure of public funds for the defendant, of those portions of the proceedings necessary to support the statement of judicial acts to be reviewed; and
    (E) in publicly funded defense and state appeals, the lower tribunal has appointed the public defender for the local circuit court, who shall initially remain counsel for the appeal until the record is transmitted to the appellate court. In publicly funded state appeals, defense counsel shall additionally file in the appellate court a copy of the order appointing the local public defender. In non-publicly funded defense and state appeals, retained appellate counsel shall file a notice of appearance in the appellate court, or defense counsel of record shall file a motion to withdraw in the appellate court, with service on the defendant, that states what the defendant's legal representation on appeal, if any, is expected to be. Documents filed in the appellate court shall be served on the attorney general (or state attorney in appeals to the circuit court).


(2) Orders allowing withdrawal of counsel are conditional and counsel shall remain of record for the limited purpose of representing the defendant in the lower tribunal regarding any sentencing error the lower tribunal is authorized to address during the pendency of the direct appeal pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).

(e) Sentencing Errors. A sentencing error may not be raised on appeal unless the alleged error has first been brought to the attention of the lower tribunal: (1) at the time of sentencing; or (2) by motion pursuant to Florida Rule of Criminal Procedure 3.800(b).

(f) Record.
(1) Service. The clerk of the lower tribunal shall prepare and serve the record prescribed by rule 9.200 within 50 days of the filing of the notice of appeal.
(2) Transcripts.

    (A) If a defendant's designation of a transcript of proceedings requires expenditure of public funds, trial counsel for the defendant (in conjunction with appellate counsel, if possible) shall serve, within 10 days of filing the notice, a statement of judicial acts to be reviewed, and a designation to the approved court reporter or approved transcriptionist requiring preparation of only so much of the proceedings as fairly supports the issue raised.

    (B) Either party may file motions in the lower tribunal to reduce or expand the transcripts.

    (C) Except as permitted in subdivision (f)(2)(D) of this rule, the parties shall designate the approved court reporter or approved transcriptionist to file with the clerk of the lower tribunal the original transcripts for the court and sufficient copies for the state and all indigent defendants.

    (D) Non-indigent defendants represented by counsel may designate the approved court reporter or approved transcriptionist to prepare only original transcripts. Counsel adopting this procedure shall, within 5 days of receipt of the original transcripts from the approved court reporter or approved transcriptionist, file the original transcripts along with securely bound copies for the state and all defendants. Counsel shall serve notice of the use of this procedure on the attorney general (or the state attorney in appeals to circuit court) and the clerk of the lower tribunal. Counsel shall attach a certificate to each copy certifying that it is an accurate and complete copy of the original transcript. When this procedure is used, the clerk of the lower tribunal upon conclusion of the appeal shall retain the original transcript for use as needed by the state in any collateral proceedings and shall not destroy the transcripts without the consent of the Office of the Attorney General.

    (E) In state appeals, the state shall designate the approved court reporter or approved transcriptionist to prepare and file with the clerk of the lower tribunal the original transcripts and sufficient copies for all separately represented defendants. Alternatively, the state may elect to use the procedure specified in subdivision (f)(2)(D) of this rule.

    (F) The lower tribunal may by administrative order in publicly-funded cases direct the clerk of the lower tribunal rather than the approved court reporter or approved transcriptionist to prepare the necessary copies of the original transcripts.

http://floridarulesofappellateprocedure.com/rules/2009/08/rule-9140-appeal-proceedings-i.php

[carpe noctem]

CHELSEA CROSLIN: I don`t know Joe. And as far as I know, I`ve been told Joe is -- is crazy. So I don`t know what he could do.


* Yet she let him sleep in her house with her kids there.

[Heart]

http://transcripts.cnn.com/TRANSCRIPTS/1005/26/ng.01.html


M. CROSLIN: Just turned 18. I`ll be going 18-year-old girl, dad, and I`ve never had -- you know, I`m not a troublemaker. I didn`t do anything wrong, and they want to keep -- put me like on -- like I`m a horrible person and I`m not and I don`t deserve none of this.

I always had it hard, I always try to help people and everything. I always get screwed over, all the time. And Ronald just used me.

H. CROSLIN: I tried to tell you that.

M. CROSLIN: He did. He did use me. He used me for a babysitter, he used me for everything, he wanted me, and his family, too. That`s the only reason they wanted me around, is to be their babysitter because they were tired of baby-sitting the kids. That`s exactly why.

( she wanted him to choose )

And when they didn`t need me no more -- when they started -- when Haleigh come up missing and they didn`t need me no more, that`s when they wanted me to leave, because they had everybody helping them hand and foot. That`s exactly why.

And they want to say since I come into their family, it`s been drama. No. Since Ronald came into my life, it`s been drama.




---


H. CROSLIN: Somebody called me on the way here and told me that Art Harris is supposed to have some letter that you sent out and a family member was supposed to have gave it to him, but he`s lying, because I know for a fact that no family member gave it to him.

M. CROSLIN: What?

H. CROSLIN: Supposed to be a letter that came out.

M. CROSLIN: What letter?

H. CROSLIN: A letter that comes from you of the one of the family members.

M. CROSLIN: Somebody gave them a letter?

H. CROSLIN: That`s what they say, but --

M. CROSLIN: Who? Who`s they?

H. CROSLIN: That`s what they said on the news, Art Harris is supposed to have a letter.

M. CROSLIN: Art Harris ain`t got no letter -- well, if he`s got a letter --

H. CROSLIN: Well, they got it off --

M. CROSLIN: Huh?

H. CROSLIN: Yes. They got it from the cops.

M. CROSLIN: How`d they get it from the cops when -- well, yes. I don`t care. They can have the letter. I ain`t hiding nothing.

---

Ssssssssstill lying! (Energizer Bunny)

That was a good test you performed on her Hank, I was impressed by that one.

Woo is me Misty, were you forced at gunpoint to babysit?
Was that a shotgun wedding that you had?

You were tired of babysitting but yet you wanted to have that user Ronald's baby according to AH.

You little woo is me Misty even sent Amber Brooks e-mail threatening her of possibly taking her baby.

Little woo is me Misty you have proved time and time again that your mouth over runs your butt.

[Brandi]

542010CF000143XXAXMX
2010-01-21
Defendant
SYKES, HOPE A
Alias

2010-05-26 63 ORDER ON DEFENDANT'S MOTION FOR REHEARING

2010-05-26 64 ORDER ON MOTION TO WITHDRAW AS COUNSEL SUBSEQUENT

2010-05-26 64 TO FILING INITIAL APPELLATE DOCUMENTS

2010-05-26 65 ORDER APPOINTING OFFICE OF THE PUBLIC DEFENDER FOR PURPOSES OF APPEAL

2010-05-26 66 LETTER TO THE HONORABLE SUSAN WRIGHT

2010-05-26 67 LETTER TO THE OFFICE OF THE ATTORNEY GENERAL

http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php

I am terrible at deciphering these things.

Does this mean that Hope's attorney (I thought she was a public defender) is quitting the case and another one will be provided for Hope for her (inevitable) appeal?

Me too!  lol..........

It looks like (and I could wrong) Hope wrote letters ???, is asking for another atty ???, and is appealing her sentence ???. 

Am thinking that to do an appeal, one needs to have a different atty. 

Florida Rules of Appellate Procedure
RULE 9.140 APPEAL PROCEEDINGS IN CRIMINAL CASES



(d) Withdrawal of Defense Counsel after Judgment and Sentence or after Appeal by State.

(1) The attorney of record for a defendant in a criminal proceeding shall not be relieved of any professional duties, or be permitted to withdraw as defense counsel of record, except with approval of the lower tribunal on good cause shown on written motion, until either the time has expired for filing an authorized notice of appeal and no such notice has been filed by the defendant or the state, or after the following have been completed:

    (A) a notice of appeal or cross-appeal has been filed on behalf of the defendant or the state;
    (B) a statement of judicial acts to be reviewed has been filed if a transcript will require the expenditure of public funds;
    (C) the defendant's directions to the clerk have been filed, if necessary;
    (D) designations to the approved court reporter or approved transcriptionist have been filed for transcripts of those portions of the proceedings necessary to support the issues on appeal or, if transcripts will require the expenditure of public funds for the defendant, of those portions of the proceedings necessary to support the statement of judicial acts to be reviewed; and
    (E) in publicly funded defense and state appeals, the lower tribunal has appointed the public defender for the local circuit court, who shall initially remain counsel for the appeal until the record is transmitted to the appellate court. In publicly funded state appeals, defense counsel shall additionally file in the appellate court a copy of the order appointing the local public defender. In non-publicly funded defense and state appeals, retained appellate counsel shall file a notice of appearance in the appellate court, or defense counsel of record shall file a motion to withdraw in the appellate court, with service on the defendant, that states what the defendant's legal representation on appeal, if any, is expected to be. Documents filed in the appellate court shall be served on the attorney general (or state attorney in appeals to the circuit court).


(2) Orders allowing withdrawal of counsel are conditional and counsel shall remain of record for the limited purpose of representing the defendant in the lower tribunal regarding any sentencing error the lower tribunal is authorized to address during the pendency of the direct appeal pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).

(e) Sentencing Errors. A sentencing error may not be raised on appeal unless the alleged error has first been brought to the attention of the lower tribunal: (1) at the time of sentencing; or (2) by motion pursuant to Florida Rule of Criminal Procedure 3.800(b).

(f) Record.
(1) Service. The clerk of the lower tribunal shall prepare and serve the record prescribed by rule 9.200 within 50 days of the filing of the notice of appeal.
(2) Transcripts.

    (A) If a defendant's designation of a transcript of proceedings requires expenditure of public funds, trial counsel for the defendant (in conjunction with appellate counsel, if possible) shall serve, within 10 days of filing the notice, a statement of judicial acts to be reviewed, and a designation to the approved court reporter or approved transcriptionist requiring preparation of only so much of the proceedings as fairly supports the issue raised.

    (B) Either party may file motions in the lower tribunal to reduce or expand the transcripts.

    (C) Except as permitted in subdivision (f)(2)(D) of this rule, the parties shall designate the approved court reporter or approved transcriptionist to file with the clerk of the lower tribunal the original transcripts for the court and sufficient copies for the state and all indigent defendants.

    (D) Non-indigent defendants represented by counsel may designate the approved court reporter or approved transcriptionist to prepare only original transcripts. Counsel adopting this procedure shall, within 5 days of receipt of the original transcripts from the approved court reporter or approved transcriptionist, file the original transcripts along with securely bound copies for the state and all defendants. Counsel shall serve notice of the use of this procedure on the attorney general (or the state attorney in appeals to circuit court) and the clerk of the lower tribunal. Counsel shall attach a certificate to each copy certifying that it is an accurate and complete copy of the original transcript. When this procedure is used, the clerk of the lower tribunal upon conclusion of the appeal shall retain the original transcript for use as needed by the state in any collateral proceedings and shall not destroy the transcripts without the consent of the Office of the Attorney General.

    (E) In state appeals, the state shall designate the approved court reporter or approved transcriptionist to prepare and file with the clerk of the lower tribunal the original transcripts and sufficient copies for all separately represented defendants. Alternatively, the state may elect to use the procedure specified in subdivision (f)(2)(D) of this rule.

    (F) The lower tribunal may by administrative order in publicly-funded cases direct the clerk of the lower tribunal rather than the approved court reporter or approved transcriptionist to prepare the necessary copies of the original transcripts.

http://floridarulesofappellateprocedure.com/rules/2009/08/rule-9140-appeal-proceedings-i.php

So, Heart, does this mean that Hope's attorney (I thought she was a public defender) is quitting the case and another one will be provided for Hope for her (inevitable) appeal?

Please help me out here.

(Sorry for the lengthy quotes)

[Magnolia]

Mags - to the best of what I know... Chelsea attempted to sell Misty's letter to get money for a car that works, but nobody would buy it.

It was one of her many confessions. If I had to take a wild stab at it... I would guess that
it matches up to what she was telling Granny Hollars on the phone. ...and by matching up,
I mean, knowing Misty it probably had a few details that didn't match.

I have been looking for what I could find on the letter.
Seems nobody has seen it yet except if PCSO checked the mail before they let it go out.

Art Harris said that Chelsea wanted $3,000 or a truck that would get Timmy back and forth
to work at a resort for the summer months.  I think it was Leon Padiddly that was hit up for
the money or the vehicle.  He is probably waiting on phone sex before he delivers the truck. JMO

[GramaMonkey]

http://www.gainesville.com/article/20100527/ARTICLES/5271047/1002?p=1&tc=pg

Heart, thanks for this article and pic, back on pg 13. 

Just wanted to comment that it's real sad looking at the condition of the door behind Hank.  Thinking of what their life has come to.  And likely, their kids could care less.   

Just put more minutes on yer phone pa .. so Tommy & I can call you and waste the only extra cash you have.  Hank should just use that phone money to pay on his & Lisa's fines and let those two rot in their cell.  Time Hank to think of you and Lisa and let those two mouth running liars ... pay for thier own actions. 

Agreed, Grama!

He'd be doing them a service also, allowing them to pay the consequences for their actions, something I don't think they ever were taught to do before.

(And I still have very little sympathy for Lisa and Hank.)

Generally I don't have pity for those that don't help themselves ... you made your bed ... kinda thing.  I know Lisa has the theft charge, and Hank for the Dr. shopping.  But they truly have been bent over backwards with this HaLeigh case and are in the publics eyes.  They didn't ask for publicity, ask for funds to be interviewed.  Now there have been many convicts that have been hired to do various jobs. 

Hank & Lisa should not be paying for what their two kids have gotten themselves into.  Gosh there has to be someone in Putnam that is willing to offer Hank Sr. a job.

[Blumonkey]

After pleading guilty and being sentenced to 15 years, Hope called her mother and claimed her attorney did not explain to her what she was doing by pleading guilty. She was very tearful and angry in that call and basically blamed everyone but herself for her situation. IMO Hope thought she would plead guilty and get a light sentence and probation. When that did not happen she is casting blame on her attorney for ineffective counsel. In view of her accusations against her attorney, she is asking that a new attorney be appointed to handle her appeal. More drama from a sad character who does not want to take responsibility for her actions.

[carpe noctem]

Mags - to the best of what I know... Chelsea attempted to sell Misty's letter to get money for a car that works, but nobody would buy it.

It was one of her many confessions. If I had to take a wild stab at it... I would guess that
it matches up to what she was telling Granny Hollars on the phone. ...and by matching up,
I mean, knowing Misty it probably had a few details that didn't match.

I have been looking for what I could find on the letter.
Seems nobody has seen it yet except if PCSO checked the mail before they let it go out.

Art Harris said that Chelsea wanted $3,000 or a truck that would get Timmy back and forth
to work at a resort for the summer months.  I think it was Leon Padiddly that was hit up for
the money or the vehicle.  He is probably waiting on phone sex before he delivers the truck. JMO

 
Padiddled by Padiddly! cawwwww I feel like a such pretty bird.

[Wyks]

After pleading guilty and being sentenced to 15 years, Hope called her mother and claimed her attorney did not explain to her what she was doing by pleading guilty. She was very tearful and angry in that call and basically blamed everyone but herself for her situation. IMO Hope thought she would plead guilty and get a light sentence and probation. When that did not happen she is casting blame on her attorney for ineffective counsel. In view of her accusations against her attorney, she is asking that a new attorney be appointed to handle her appeal. More drama from a sad character who does not want to take responsibility for her actions.

Can't remember for sure, but in that same phone call with her mother, didn't Hope admit to not paying attention when the attorney was explaining things to her?  Something like that.  Am betting no matter what attorney she gets, they are gonna roll their eyes and commence with an appeal.  Guess it's her "right" and all.    

How many times can she whine and ask for another atty, ask for another appeal? 

Hope it's not 'seventy times seven'.

[Wyks]

I have been looking for what I could find on the letter.
Seems nobody has seen it yet except if PCSO checked the mail before they let it go out.

Art Harris said that Chelsea wanted $3,000 or a truck that would get Timmy back and forth
to work at a resort for the summer months.  I think it was Leon Padiddly that was hit up for
the money or the vehicle.  He is probably waiting on phone sex before he delivers the truck. JMO

 
Padiddled by Padiddly! cawwwww I feel like a such pretty bird.

 

[GramaMonkey]

After pleading guilty and being sentenced to 15 years, Hope called her mother and claimed her attorney did not explain to her what she was doing by pleading guilty. She was very tearful and angry in that call and basically blamed everyone but herself for her situation. IMO Hope thought she would plead guilty and get a light sentence and probation. When that did not happen she is casting blame on her attorney for ineffective counsel. In view of her accusations against her attorney, she is asking that a new attorney be appointed to handle her appeal. More drama from a sad character who does not want to take responsibility for her actions.

If HOPE would have kept her BIG MOUTH SHUT when speaking to her mother .... She is a typical Misty.  You speak to them, and their answer is completely off the wall ... nothing even close to what they were speaking about.  Right on the DEFENSIVE ALL THE TIME.

I am sure that HOPE did the same to her lawyer.  NEVER ONCE STOPPED BITCHING AND COMPLAINING ...and ACTUALLY LISTENED when the lawyer tried to explain what each charge would bring for a sentence.  NO .. Just thinking about how bad she is gonna be when she gets out.

Maybe this lawyer had ENOUGH with her and she had to get a new one.  Well, I sure as heck that this court case doesn't surface ANYTIME SOON.

[Tamikosmom]

Hope's words to her mother do concern me.

Playing the devil's advocate ... could Hope have been set up as an example to motivate a plea deal from Ron, Misty and Tommy in regards to the Haleigh Cummings case?

+++++


NANCY GRACE
Croslin`s Drug Co-Defendant Sentenced to 15 Years
Aired April 27, 2010 - 20:00:00   ET

(BEGIN VIDEO CLIP)

KATRINA BELCHER, HOPE`S MOTHER: I just wanted to make sure you understood what was going on, and that ain`t good because you pled no contest, and you don`t know what you`re pleading to. Now, from what I understood, I thought the one charge got dismissed if you took the trafficking charge.

HOPE SYKES, RONALD CUMMINGS` COUSIN: No, Mom. I have two charges still.

BELCHER: That`s not the way she explained it to me, but I`ll ask her again.

SYKES: What are you talking about? Like, I sat there and said no contest? I didn`t plead no contest. She pled no contest.

(END VIDEO CLIP)

http://transcripts.cnn.com/TRANSCRIPTS/1004/27/ng.01.html

[Heart]

542010CF000143XXAXMX
2010-01-21
Defendant
SYKES, HOPE A
Alias

2010-05-26 63 ORDER ON DEFENDANT'S MOTION FOR REHEARING

2010-05-26 64 ORDER ON MOTION TO WITHDRAW AS COUNSEL SUBSEQUENT

2010-05-26 64 TO FILING INITIAL APPELLATE DOCUMENTS

2010-05-26 65 ORDER APPOINTING OFFICE OF THE PUBLIC DEFENDER FOR PURPOSES OF APPEAL

2010-05-26 66 LETTER TO THE HONORABLE SUSAN WRIGHT

2010-05-26 67 LETTER TO THE OFFICE OF THE ATTORNEY GENERAL

http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php

I am terrible at deciphering these things.

Does this mean that Hope's attorney (I thought she was a public defender) is quitting the case and another one will be provided for Hope for her (inevitable) appeal?

Me too!  lol..........

It looks like (and I could wrong) Hope wrote letters ???, is asking for another atty ???, and is appealing her sentence ???. 

Am thinking that to do an appeal, one needs to have a different atty. 

Florida Rules of Appellate Procedure
RULE 9.140 APPEAL PROCEEDINGS IN CRIMINAL CASES



(d) Withdrawal of Defense Counsel after Judgment and Sentence or after Appeal by State.

(1) The attorney of record for a defendant in a criminal proceeding shall not be relieved of any professional duties, or be permitted to withdraw as defense counsel of record, except with approval of the lower tribunal on good cause shown on written motion, until either the time has expired for filing an authorized notice of appeal and no such notice has been filed by the defendant or the state, or after the following have been completed:

    (A) a notice of appeal or cross-appeal has been filed on behalf of the defendant or the state;
    (B) a statement of judicial acts to be reviewed has been filed if a transcript will require the expenditure of public funds;
    (C) the defendant's directions to the clerk have been filed, if necessary;
    (D) designations to the approved court reporter or approved transcriptionist have been filed for transcripts of those portions of the proceedings necessary to support the issues on appeal or, if transcripts will require the expenditure of public funds for the defendant, of those portions of the proceedings necessary to support the statement of judicial acts to be reviewed; and
    (E) in publicly funded defense and state appeals, the lower tribunal has appointed the public defender for the local circuit court, who shall initially remain counsel for the appeal until the record is transmitted to the appellate court. In publicly funded state appeals, defense counsel shall additionally file in the appellate court a copy of the order appointing the local public defender. In non-publicly funded defense and state appeals, retained appellate counsel shall file a notice of appearance in the appellate court, or defense counsel of record shall file a motion to withdraw in the appellate court, with service on the defendant, that states what the defendant's legal representation on appeal, if any, is expected to be. Documents filed in the appellate court shall be served on the attorney general (or state attorney in appeals to the circuit court).


(2) Orders allowing withdrawal of counsel are conditional and counsel shall remain of record for the limited purpose of representing the defendant in the lower tribunal regarding any sentencing error the lower tribunal is authorized to address during the pendency of the direct appeal pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).

(e) Sentencing Errors. A sentencing error may not be raised on appeal unless the alleged error has first been brought to the attention of the lower tribunal: (1) at the time of sentencing; or (2) by motion pursuant to Florida Rule of Criminal Procedure 3.800(b).

(f) Record.
(1) Service. The clerk of the lower tribunal shall prepare and serve the record prescribed by rule 9.200 within 50 days of the filing of the notice of appeal.
(2) Transcripts.

    (A) If a defendant's designation of a transcript of proceedings requires expenditure of public funds, trial counsel for the defendant (in conjunction with appellate counsel, if possible) shall serve, within 10 days of filing the notice, a statement of judicial acts to be reviewed, and a designation to the approved court reporter or approved transcriptionist requiring preparation of only so much of the proceedings as fairly supports the issue raised.

    (B) Either party may file motions in the lower tribunal to reduce or expand the transcripts.

    (C) Except as permitted in subdivision (f)(2)(D) of this rule, the parties shall designate the approved court reporter or approved transcriptionist to file with the clerk of the lower tribunal the original transcripts for the court and sufficient copies for the state and all indigent defendants.

    (D) Non-indigent defendants represented by counsel may designate the approved court reporter or approved transcriptionist to prepare only original transcripts. Counsel adopting this procedure shall, within 5 days of receipt of the original transcripts from the approved court reporter or approved transcriptionist, file the original transcripts along with securely bound copies for the state and all defendants. Counsel shall serve notice of the use of this procedure on the attorney general (or the state attorney in appeals to circuit court) and the clerk of the lower tribunal. Counsel shall attach a certificate to each copy certifying that it is an accurate and complete copy of the original transcript. When this procedure is used, the clerk of the lower tribunal upon conclusion of the appeal shall retain the original transcript for use as needed by the state in any collateral proceedings and shall not destroy the transcripts without the consent of the Office of the Attorney General.

    (E) In state appeals, the state shall designate the approved court reporter or approved transcriptionist to prepare and file with the clerk of the lower tribunal the original transcripts and sufficient copies for all separately represented defendants. Alternatively, the state may elect to use the procedure specified in subdivision (f)(2)(D) of this rule.

    (F) The lower tribunal may by administrative order in publicly-funded cases direct the clerk of the lower tribunal rather than the approved court reporter or approved transcriptionist to prepare the necessary copies of the original transcripts.

http://floridarulesofappellateprocedure.com/rules/2009/08/rule-9140-appeal-proceedings-i.php

So, Heart, does this mean that Hope's attorney (I thought she was a public defender) is quitting the case and another one will be provided for Hope for her (inevitable) appeal?

Please help me out here.

(Sorry for the lengthy quotes)

I cannot say for sure Brandi  but we do know that Hope was appointed a public defender.

From looking at Hope"s docket it looks as though items A through E in section D1 of the Florida Rules of Appellate Procedure have been completed, which would relieve the public defender of her responsibilities and make her illegible for withdrawal and allow an appellate attorney to handle the appeals case.  In Hope's case a public defender appellate attorney.

And I must add IMHO.
 

542010CF000143XXAXMX
   
2010-02-18   18   AFFIDAVIT FOR CRIMINAL INDIGENT STATUS
2010-02-18   19   ORDER APPOINTING PUBLIC DEFENDER

Then we have:

2010-04-30   47   MOTION FOR REHEARING
2010-05-13   48   LETTER FROM DEFENDANT
2010-05-24   49   NOTICE OF APPEAL
2010-05-24   50   MOTION TO PROCEED WITHOUT PAYMENT OF COSTS, TO APPOINT
2010-05-24   50   PUBLIC DEFENDER FOR PURPOSE OF APPEAL AND TO DIRECT
2010-05-24   50   THE STATE OF FLORIDA TO PAY COURT REPORTER FEES.
2010-05-24   55   MOTION TO WITHDRAW AS COUNSEL SUBSEQUENT TO FILING
2010-05-24   55   INITIAL APPELLATE DOCUMENTS
2010-05-24   56   DESIGNATION OF PUBLIC DEFENDER, SEVENTH JUDICIAL
2010-05-24   56   CIRCUIT, FOR THE HANDLING OF APPEAL
2010-05-24   57   NOTICE OF APPEAL FILED BY DEFENDANT
2010-05-24   58   STATEMENT OF JUDICIAL ACTS TO BE REVIEWED FILED BY
2010-05-24   58   DEFENDANT
2010-05-24   59   MOTION FOR APPOINTMENT OF APPELLATE COUNSEL

010-05-26   63   ORDER ON DEFENDANT'S MOTION FOR REHEARING
2010-05-26   64   ORDER ON MOTION TO WITHDRAW AS COUNSEL SUBSEQUENT
2010-05-26   64   TO FILING INITIAL APPELLATE DOCUMENTS
2010-05-26   65   ORDER APPOINTING OFFICE OF THE PUBLIC DEFENDER FOR
2010-05-26   65   PURPOSES OF APPEAL
2010-05-26   66   LETTER TO THE HONORABLE SUSAN WRIGHT
2010-05-26   67   LETTER TO THE OFFICE OF THE ATTORNEY GENERAL
http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php


(d) Withdrawal of Defense Counsel after Judgment and Sentence or after Appeal by State.
(1) The attorney of record for a defendant in a criminal proceeding shall not be relieved of any professional duties, or be permitted to withdraw as defense counsel of record, except with approval of the lower tribunal on good cause shown on written motion, until either the time has expired for filing an authorized notice of appeal and no such notice has been filed by the defendant or the state, or after the following have been completed:

    (A) a notice of appeal or cross-appeal has been filed on behalf of the defendant or the state;
    (B) a statement of judicial acts to be reviewed has been filed if a transcript will require the expenditure of public funds;
    (C) the defendant's directions to the clerk have been filed, if necessary;
    (D) designations to the approved court reporter or approved transcriptionist have been filed for transcripts of those portions of the proceedings necessary to support the issues on appeal or, if transcripts will require the expenditure of public funds for the defendant, of those portions of the proceedings necessary to support the statement of judicial acts to be reviewed; and
    (E) in publicly funded defense and state appeals, the lower tribunal has appointed the public defender for the local circuit court, who shall initially remain counsel for the appeal until the record is transmitted to the appellate court. In publicly funded state appeals, defense counsel shall additionally file in the appellate court a copy of the order appointing the local public defender. In non-publicly funded defense and state appeals, retained appellate counsel shall file a notice of appearance in the appellate court, or defense counsel of record shall file a motion to withdraw in the appellate court, with service on the defendant, that states what the defendant's legal representation on appeal, if any, is expected to be. Documents filed in the appellate court shall be served on the attorney general (or state attorney in appeals to the circuit court).

http://floridarulesofappellateprocedure.com/rules/2009/08/rule-9140-appeal-proceedings-i.php

[Brandi]

After pleading guilty and being sentenced to 15 years, Hope called her mother and claimed her attorney did not explain to her what she was doing by pleading guilty. She was very tearful and angry in that call and basically blamed everyone but herself for her situation. IMO Hope thought she would plead guilty and get a light sentence and probation. When that did not happen she is casting blame on her attorney for ineffective counsel. In view of her accusations against her attorney, she is asking that a new attorney be appointed to handle her appeal. More drama from a sad character who does not want to take responsibility for her actions.

Thank you, Blumonkey.

That's what I thought was happening.

And I think we all knew she would appeal. It's almost automatic.

Thanks again.