ANTHONY'S CASE
Anthony Mungin 288322
Union Correctional Institution
P2226S
7819 NW 228 th Street
Raiford Florida 32026 4400
Anthony's address

Anthony Mungin 288322
Union Correctional Institution
P2226S
7819 NW 228 th Street
Raiford Florida 32026 4400
URGENT MESSAGE
Christmas was different this year
I decided to forgo the turkey the tinsel and the
other festivities to visit an innocent man on
Florida's Death Row, a man who has not been
able to spend Christmas with his family and
friends for over ten years

(see Anthony's case).


Christmas 2003 offered some joy to Anthony
as he was able to see his son who is 16 years
old and who is confined to a wheelchair but
what about the other Christmases to come ?
Will he have to spend them in there for a crime
he did not commit?

You can help change this ....................

This is an urgent plea to help Anthony to
fight for a new trial to help him prove his
innocence and get off death row so
PLEASE.............
Please help in anyway you can and write to
him directly at the above address
............Thankyou
THE WHOLE HISTORY...from the beginning...

In high school Anthony was an ace on the wrestling team. He was even offered a
college scholarship, but failing a math class he no longer qualified for the team.
Today Anthony wonders what might have been if he hadn’t failed that class, if he had
at least finished high school. He missed his diploma by one class and was too proud
to return to school the summer after his senior year and finish up. He wonders what
the path not taken would have looked like. All he knows for sure is where the path
taken has led.

Heading into Trouble
In 1990, at the age of 24, Anthony made a living as a small-time drug dealer in his
hometown of Kingsland, Georgia. In nearby Jacksonville where he went to buy drugs
he mostly dealt with a man known to him only as "Ice." At a moment when Anthony
was desperate for money this man introduced him to another trade of hustling—
armed robbery. On Friday September 14, 1990 Ice lent Anthony his gun and against
his own misgivings and better judgment Anthony used it. That day he robbed a gas
station and a jewelry store near Tallahassee, Florida, injuring two people with Ice’s
gun. Both of his victims survived. Later, when he was tried for these robberies, it
was proven that Anthony did not shoot to kill. In fact, he put the phone down beside
the wounded gas station clerk so he could call for help.

Before returning to Georgia that day Anthony gave Ice back his gun. And, shaken by
what he’d done, he promised himself that whether he was caught or not he would
never rob or shoot anyone again—a promise he kept !

On Sunday September 16th Anthony returned to Jacksonville. He wanted to visit his
girlfriend in Pensacola and so caught a ride to Jacksonville where he met Ice in the
early afternoon shortly after 2 p.m. Driving off, Ice told Anthony that the gun was in
the car he was lending him. Anthony didn’t want the gun but was stuck with it for the
next two days during which he did not touch it.

Anthony’s Arrest
When Anthony left Pensacola again on Tuesday the 18th he intended to take the car
back to Jacksonville, but arrived there too late. He ended up driving it home, parked
it several blocks from his house and brought the gun inside to bury it in the woods
later. That night a friend of Anthony’s who had turned informer came to buy drugs
from him and within minutes the house was surrounded by police. Anthony gave
himself up and they found the gun. He was arrested and taken to jail. The Sheriff of
Camden County questioned him and Anthony, who was relieved to have been caught
because what he’d done was weighing on his conscience, told him the truth. At the
time he didn’t know whether his two victims had lived or died. Yet he told the truth.
He knew he was guilty of two robberies, but when the Sheriff questioned him about a
third robbery he had no idea what he was talking about—and told him so.

Weeks later Anthony was extradited to Monticello, Florida. He received 20 years for
armed robbery and attempted second-degree murder. In court he apologized to the
man he had shot. He then was transported to Leon County in Tallahassee, Fla. where
he received two life sentences running concurrent for armed robbery and attempted
murder. He was also habitualized.

The Set-Up
While in Tallahassee a detective from Jacksonville came to question him about
another robbery and murder. Betty Jean Woods, a convenience store clerk, had
been shot on Sunday, September 16th between 1:45 p.m. and 2 p.m. in the lil Champ
store off interstate I-10 in Jacksonville. She died in the hospital four days later.
Anthony told the detective Gilberth he knew nothing of this. The detective broke
one of Anthony’s fingers trying to make him confess, but Anthony would not confess
to something he did not do.

Not long after this incident Anthony was sent to prison. Four months into his
concurrent life sentences, the Jacksonville authorities charged him with robbery
and first degree murder of Betty Woods. Anthony went before Judge Tygart who
dismissed the case for lack of evidence. Anthony went back to prison. Three months
later Jacksonville returned for him. This time the robbery charge was dropped and
Anthony went before Judge Southwood and the case went to trial.

Anthony’s court-appointed public defenders were Mr. Cofer and Mr. Buzzell, both
from the public defenders office of Duval County in Jacksonville. Anthony told Cofer
and Buzzell exactly what happened and told them of his alibis. Unfortunately, they
didn’t believe Anthony and his case was never investigated. Anthony wrote letters
complaining about their lack of interest in proving his innocence. When first
presented with the fact that Betty Woods was shot with the same gun he used in his
robberies of September 14th, Anthony insisted that it was a lie. However, he learnt
there had been a witness, a Mr. Kirkland, at the store when Betty Woods was shot.
The day of the crime Kirkland gave a description of the man he saw leaving the
store. He told police he saw a very dark-skinned black male who he guessed might
be 37 years old with a full beard and long jerry curl, weighing 130 lbs. and 5’8" or 5’
10" tall. Anthony recognized Ice at once. When he learnt this he knew he had been
set up. In Kirkland’s deposition with the detective four days after the incident and
also in his June 18, 1992 deposition, Kirkland told the detective he could not swear
in court it was Anthony Mungin. Anthony, who was 24 years old at the time but looked
far younger, was clean-shaven. He couldn’t grow a full beard if he’d tried. He had a
short military haircut and was described by witnesses who saw him in the
Tallahassee and Monticello robberies as between 18 and 19 years old. There’s a vast
discrepancy between these different witnesses’ descriptions. Unfortunately,
Anthony didn’t know Ice’s real name or where he lived. He only knew where he sold
drugs.

A Witness Changes His Story
Kirkland, who said he could n’t identify Anthony under oath changed his story during
the trial, two years after the fact. He told the jury he didn’t remember saying the
things written in his deposition and that Anthony was, in fact, the man he saw that
day. Anthony’s public defenders raised no objections. The prosecutor told the jury
they found 24 sets of fingerprints, then quickly went to another subject. He mislead
the jury to believe Anthony’s fingers were among the 24, when none of Anthony’s
prints were found there.

Furthermore, Kirkland identified a small dark burgundy two-door car, an Escort, that
was parked on the side of the road a couple of miles from the lil Champ store as
being the car he saw at the store. Weeks later when Kirkland learnt the description
of the car Anthony drove to Georgia, he changed the description of the car to fit the
car Anthony drove. Anthony was found guilty; by a vote of 7 to 5, he was sentenced
to death on February 23, 1993 for a crime he did not commit.

Inadequate Counsel
Since then Anthony has had his battles with court-appointed appellate attorneys. His
Direct Appeal was filed by Steve Been who had never done a death row appeal.
Been did his best, but he was n’t able to raise many issues since Anthony’s public
defenders had done such a poor job raising objections. His appeal was denied
February 8, 1996 by the Florida Supreme Court, yet one of the judges gave a long
dissention and wanted to grant Anthony a new trial.

Anthony’s next appeal is his 3.850 Motion. Judge Moran out of Duval County,
appointed attorney Mark Olive from the Registry Lawyers list on September 23, 1998.
Mark Olive is an excellent lawyer with a lot of experience and considered one of the
best post-conviction attorneys in Florida. Mark didn’t agree with the contract he had
to sign to take Anthony’s case because it severely limited what he could do for
Anthony. Attorney Stephen Hanlon of Holland and Knight LLP filed a law suit on
behalf of Mark Olive and Anthony on February 26, 1999—"Complaint for Declaratory
Judgement" Case No: 99-1027. The lawsuit is still pending.

Judge Moran took Mark Olive off Anthony’s case and appointed Attorney Wayne
Henderson as Anthony’s new attorney on March 11, 1999. Though upset that he had
been deprived of a good lawyer, Anthony wrote Henderson on March 16. Henderson
briefly introduced himself on April 29, 1999. Investigator Jeffrey Walsh was hired to
work with Anthony and Henderson. Mr. Walsh visited Anthony on May 6, 1999.
Anthony has seen neither one of them since. Mr. Walsh refused to work with
Henderson because Henderson was neither competent nor motivated to help
Anthony.

Anthony filed a "Motion to Remove Conflict Counsel" and Henderson filed a "Motion
to Withdraw" on February 7, 2000. Judge Southwood granted the motion.

Henderson recommended the court to appoint Attorney Dale G. Westling Sr. Anthony
recommended Attorney Kenneth Malnik. Judge Southwood accepted Henderson’s
recommendation and appointed Dale G. Westling Sr. from Jacksonville on February
9, 2000.

Anthony wrote several letters to Westling starting February 21, 2000. He never
answered any of Anthony’s letters or questions. A conflict grew between Anthony
and Westling because he, like Henderson, showed no interest in helping Anthony
and started having a hostile attitude and cursing Anthony during his brief visitation.

Anthony gathered evidence to present to the Florida Bar against Westling and filed
his complaint on February 7, 2001. He wrote the Florida Supreme Court concerning
his incompetent attorney and the F.S.C. responded on February 8, 2001 inquiring
information from Westling concerning Anthony’s allegations.

On February 16, 2001 Anthony filed a "Motion to Dismiss Conflict Counsel" and on
March 1, 2001 Westling filed a "Motion to Withdraw." But not before filing a 19 page
3.850, which Anthony refused to sign without telling the court Westling refused to
raise valid issues.

In his response to the Florida Bar Westling lied about the amount of hours he visited
Anthony. Anthony can prove this with the help of prison visitation documents where
dates and times are logged. He also told the Florida Bar that Anthony is using a delay
tactic to keep from being executed.

Anthony’s New Lawyer
On April 3, 2001, Judge Southwood held a hearing on Anthony’s motion and Westling’
s "Motion to Withdraw." During this period Anthony’s friends joined together to
retain Attorney Kenneth Malnik. Mr. Malnik attended the hearing asking to be
appointed to Anthony’s case. The judge allowed Malnik to take over. He would,
however, receive no funds from the state to support his legal defense. Anthony’s
friends are currently raising funds to support his defense.

Anthony’s attorney Kenneth Malnik asked Jeffrey Walsh to assist him in the
investigation. Jeff and his wife Terry Walsh accepted. Upon investigating crucial
evidence was discovered concerning the state’s sole and star witness Kirkland.
Before and during trial Kirkland had a string of charges, misdemeanors and felonies,
including resisting arrest with violence, assault against police officers, several DWIs
and grand thefts. Strangely these charges were dropped and Kirkland paid a fine of
$110.00. The jury never heard any of this about Kirkland because Anthony’s public
defender never told them. In fact, he lied to Anthony telling him Kirkland had only
one misdemeanor. Now Anthony can prove Kirkland lied and his motive for lying was
to stay out of prison by making deals with the prosecutor in exchange for his false
testimony.
Anthony’s public defender, Charle Cofer, who is now a judge in Duval County told
Anthony’s lawyer and investigator that Anthony never told him about his alibis, but
evidence has now been found by investigators to prove Cofer lied. Indeed Anthony
did tell Cofer of his alibis, but Cofer refused to investigate. Most of Anthony’s alibis
have been found and confirm what Anthony has been saying for ten years.

Moreover, during Anthony’s trial Kirkland was being represented by the same public
defendant office that was representing Anthony. Anthony’s public defender Cofer
knew this but never disclosed it. Anthony’s 3.850 was filed July 3, 2001.

Where Anthony Stands Now;  March 2004
Anthony has had to hire a new lawyer Todd Scher to file his motion to the F.S.C and
appeal the denial by a lower trial court of his 3.850 Post conviction Motion  in order
to win a new trial.
So he needs as much help as possible to honor those fees without which all hope of
a new trial will evaporate so if you can help in anyway please contact Anthony
directly or the webmistress @ shackledvoices. Thank you !   from
Anthony........................................