Report: #889037

Complaint Review: State Attorney Bernie McCabe, Pinellas /Pasco County Florida

  • Submitted: Sun, May 27, 2012
  • Updated: Sun, May 27, 2012
  • Reported By: Vic Tim — Jasper Florida USA
  • State Attorney Bernie McCabe, Pinellas /Pasco County Florida
    14250 49th St. N.
    United States of America


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Florida State Attorney (Pinellas/Pasco Counties)

Bernie McCabe
14250 49th Street North
Clearwater, Florida 33762

Mr. Bernie McCabe,

This letter comes to you after a long thought process of many actions and results of what is believed to be a magnitude beyond belief of fraudulent behavior within your office and staff. I have been referred to you by the Florida Attorney General office to report to you and have you police yourself and  your office staff. Therefore, I will comply and attempt to explain my complaint in the shortest version possible with documentation available via Clerk of Courts or myself via Freedom of Information to substantiate of said concerns, at best it will be lengthy. I am sure you are aware of this person stated above as I have documentation with your signature on it. The following statements are not speculative, or hypothetical, they are documented fact and records.

March 3, 2005, Assistant State Attorney, James Arthur Hellickson filed a three count felony information under oath against            . Mr. Hellickson claims to have a sworn testimony from a material witness under oath prior to filing felony information.  MR. HELLICKSON DID NOT HAVE SWORN TESTIMONY OF MATERIAL WITNESS PRIOR TO FILING FELONY INFORMATION. This is violation of Florida Constitution , Declaration of Rights, Section 10. Florida Statues, 923.03(2). Also violation to oath of office, United States Constitution, 4, &14TH AMENDMENTS. I realize that these allegations of Mr. Hellickson are serious however they are base on fact and records. As a state prosecutor you should know he has violated a host of  state and federal criminal laws. This is not acceptable behavior of a state officer, not to mention         constitutional rights.

It is further noted direct from Mr. Hellickson computer that he was not satisfied with Detective Judys one paragraph statement of said complaint and has gone to great length and detail to bolster said complaint, (Tampering with a witness statement).

 was out of the country on pre plan business and Mr. Hellickson sought international extradition and began working hand in hand with Department of Justice. Mr. Hellickson then began  to fabricate affidavits in request for extradition. Altering Det. Judy statement and becoming a complaining witness himself, swearing to facts that he had no personal knowledge about. This is too a violation of criminal law also. Here is E-mail records to support these acts from Mr. Hellicksons computer.

(1) Hellickson, Jim

Sent: Wednesday, March 09, 2005 6:17 PM

To: Hellickson, Jim
Subject: RE: Florida v.
Attachments: .PA.MOJ.wpd; Mime.822

Jim, , '
7 4.
These look pretty good. A few comments l.The facts in your affidavit are not entirely consistent with the facts we submitted to France in the provisional arrest request. Inconaistencies_ ban result in major problems.

I'm attaching the provisional arrest request we sent, so you can compare it -C-16geTTF7-7,both your and the agent's aff. Tn ynnr aff fyou s , Y_ droveler_b_ack,_,__to shore The PA request says she drove. Also, I think we ga- fingers" in the PA request.

2. The facts in your (and possibly the agent's) affidavit might need to be bolstered alitt e to support t e Ki napping c arge.

3. Your aff, para 5 should state what judge signed/issued the arrest warrant, and what court.

4. No need to include the complaint as an exhibit. It will only confuse the French. Just include the operative charming document, and explain in your7ifridavit that the felony information supercedes the compiaint.

5. Your aff, para 9 should state the total punishment  is facing on all counts, inaddition to the breakdown you already list.

(2)Hellickson, Jim

From: Hellickson, Jim

Sent: Monday, March 21, 2005 3:39 PM

To: ' '

Subject: RE: Florida v.  Amy: Sounds good.

Original Message

From: []
Sent: Monday, March 21, 2005 3:21 PM
To: Hellickson, Jim
Subject: RE: Florida v.


I got back my supervisor's comments. She likes it. Let me just put her comments into the document and I'll send it back to you
Original Message
From: []
Sent: Monday, March 21, 2005 9:40 AM

To: Olson, Amy
Subject: RE: Florida v.
Amy: Thank you.

(3)Original Message

From: []
Sent: Monday, March 21, 2005 9:26 AM
To: Hellickson, Jim
Subject: RE: Florida v.
The number of days varies by treaty. Under our treaty with France (article 13), it's 60 days. I expect to get any comments from my supervisor today.

(4)Original Message

From: []
Sent: Friday, March 18, 2005 5:31 PM
To: Olson, Amy Subject: RE: Florida v  To: Olson, Amy Subject: RE: Florida v.

Amy, Thank you.

I thought we had 40 days from the date of arrest to have the paperwork translated and to France. If we had 40 days that would only give us until 4/5/05.

I have 3 certified copies of all documents (I'll send two original affidavits to you and keep a third original here in case we need it).

As soon a_you tell me what additional Chan es to make I can make them and have the paperwork up to you the next day. My sc edule looks pretty good all next week.
You have a nice weekend too.  Jim

(5)From: Hellickson, Jim

Monday, March 14, 2005 5:08 PM

Hellickson Jim RE: Florida v. affidavit JAH.doc; det affidavit (2).doc; Mime.822   affidavit  det affidavit Mime.822 (136 KB) JAH.doc (48 ... (2).doc

We've decided we think the best thing would be to include the info on the probation violation in the affidavits, after all. This means we would need to include facts on that offense, as well as the arrest warrant and complaint for that. I've taken a stab at amending your aff to include all that. I left some blanks. Can you fill them in, and then make'SiMilar chan es to the facts of the detective's aff? Here are the latest versions(including the revised exhibit list at the end of your aff). I also think we should probably be using the capias warrant, instead of the Feb 25 warrant for the present case, as you had suggested previously in one of your emails.
Thanks, Amy

Original Message
From: jhellickson@co.pinellas.fl.
Mr. Hellickson sought the life sentences base on the false information that he filed. Long story short  Mr.     was arrested in France deprived of his property to the tune of 345,000.00 U.S. dollars. Mr.     was  release in France, re- arrested in Spain and fabrication of more affidavits substantially different from the ones sent to France, again swearing to the fact that he has know personal knowledge of said facts. Then Mr., Hellickson came to you when Spain refused to extradite. Mr. Hellickson came to you personally seeking written assurance from you  and submitted to Kingdom of Spain that you would not seek a life sentence. This was a demand from Spain to gain extradition requested by the Kingdom of Spain. Now for your knowledge, Mr. Hellickson did not have any intention to honor  the Kingdom of Spain. He had no intention  to not seek 1 but sought 3 life sentences and then rubbed egg all over in your face with the intent not to honor the agreement that you had given. This if called fraud in the inducement of an extradition. Mr. Hellickson did repeatedly breach the agreement with the Kingdom of Spain that he had much involvement in procuring.

(6)From: Romano, Nicolette

Sent: Thursday, July 06, 2006 10:37 AM
To: ljhellicksonCaj'co.pinellasnusl
Cc: Kinsella, Megan

Subject: RE: Florida v. Hello,

We received word from S ain that the court there wants assurances that if       is sentenced to life imprisonment it does not necessarily mean life imprisonment, i.e. he will have access to parole or other early release options available. We need to present the assurances in 45 clays from the date we are officially notified.
Please let us know whether you can provide these assurances and forward us a letter to that effect.
I look forward to hearing from you. Thanks, Nicolette

Nicolette Romano Trial Attorney
United States Department of Justice
Criminal Division, 01A 1301 New York Avenue, N.W. Washington, D.C. 20005
Phone: 202-305-1559
Fax: 202-514-0080

State Attorney

July 26, 2006
Ellen Vv'arlow Director, Office of International Affairs Department of Justice, Criminal Division
Office of International Affairs
1301 New York Avenue, N.W., 9th Floor
Washington, D.C. 20005

Attn: Nicolette Romano

Re. Florida v. Dear Ms. Warlow:
Please assure the Kingdom of Spain that if is extradited to the United States of America to face charges in the above-captioned case, the Office of the State Attorneyi or the Sixth Judicial Circuit of Florida will not seek a sentence of life in prison without the possibility of parole. The Office of the State Attorney will do everything within its power to ensure that              receives a determinate sentence.

Post Office

BERNIE MCCABE State Attorney

VIA I_ .S. MAIL AND FACSIMILE 202-514-0080

August 7, 2006

Mary Ellen Warlow, Director. Office of International Affairs Department of Justice. Criminal Division Of of International Affairs
1301 New York Avenue, NAV_ 9 6" Floor
Washington, D.C. 20005
Ann: Nicolette Romano Re. Florida v.

Dear Ms Warlow
Please assure the Kingdom of Spain that if  is extradited to the United States of America to face charges in the above-captioned case, the Office of the State Attorne  for the Sixth Judicial Circuit of Florida will not seek a sentence of life imprisonment, which under current Florida state law would automatically be without the possibility of parole. The Office of
t he State Attorney will, further, take all necessary actions to ensure that  receives a determinate sentence.

Sincereo. 'ours.
Bernie McCabe State Attorney

Mr. was subsequently extradited and convicted on circumstantial evidence only. Mr. Hellickson then conceals the four affidavits and extradition records that he fabricated and sought 3 life sentences and lied to the circuit  judge that he had no knowledge of said extradition agreement and subsequently obtained the 3 life sentence. As a state prosecutor I am sure you know of the State and Federal criminal laws that Mr. Hellickson has violated!

(9)From: []
Sent: Wednesday, March 09, 2005 10:27 AM
To: Hellickson, Jim
Subject: RE:   extradition

Unfortunately, I don't think you are going to pursue the violation of probation at all.
According to our extradition treaty with France, a person cannot be "detained, tried,
convicted, punished, or subjected to any restriction of his freedom in the [U.S.] for any act prior to the person's surrender, other than the offenses for which extradition has been granted..."
A probation violation is not an extraditable offense so extradition will not be granted for that.
Can you get me revised and complete drafts of everything today? We need to get these finalized and into translation.
Amy (202) 305-7822

Once caught red handed, by obtaining said emails via Freedom of Information Act, on Mr. Hellickson computer, the Kingdom of Spain was notified your agent had sought and obtained not one but three life sentences totally against the agreement with the Kingdom of Spain via Diplomatic Note. Mr.       filed a federal lawsuit naming Mr. Hellickson and yourself as to the actions of this deceit to the Kingdom of Spain and Mr.     .  Then without authority Mr. Hellickson filed a motion to re-sentence Mr.      as remedy of his election. Of course he is not authorized to file anything once he obtains a conviction beyond 60 days. This is an attempt to nullify federal lawsuit against him and you personally.

(10)From: []

Sent: Tuesday, May 24, 2005 7:27 PM
To: Hellickson, Jim
Subject: RE: Florida v.        Importance: High

I have completed my review and revision of the extradition affidavits for Spain in this case. Please carefully review the attached affidavits. I have made many changes, in particular to your affidavit. Please note that on the exhibits, I dropped the change of plea form and moved the photo and the fingerprints to the Detective's affidavit. If you have any questions, please call me. Otherwise, please fill in the requested additional Information and then execute two copies of each affidavit as soon as possible.

When reviewing the draft affidavits, I noticed that the charges in case          carry a maximum possible sentence of life imprisonment.
Consequently, before approving the extradition the Spanish will most likely ask for an assurance that        will not receive a life sentence without the possibility of parole after being extradited. Thus, before we can proceed further, I need a commitment from you that your office will not .. seek a. life sentence Wit- out the possi-bility of parole against       and will do whatever it takes, including dismissing counts, to ensure that      does not receive such sentence. Are you prepared to do this? Please call me and we can discuss      .

Don Ashley 202-616-6714

What has your offices stooped to?  How many criminal laws State and Federal has Mr. Hellickson violated in your name to gain tainted extradition and conviction.

This is not going to be swept under the rug, dodged ,or avoided. You are his supervisor and you gave your promise to the Kingdom of Spain and you have  failed to supervise your Assistant State Attorney that is absolutely running rouge. And will do anything to gain a conviction, violate any law and promise. Its no wonder Mr. Hellickson conviction rate is astronomical! The poor souls that do not have the knowledge or resources to defend themselves from such an over zealous Assistant State Attorney. This is not Cuba and this is not a communist country and you need to fix this, You are required to fix this in your position of an elected official and supervising your office staff and their actions. Your response will be noted and published, will be published all over the internet this includes your actions of this enormous situation. Police your agency and do the right thing.

Your job, Mr. McCabe and Mr. Hellickson job is not to get a conviction, its to reach the ends of justice. Fraud upon the courts  from here to Spain is not justice. Bare in mind felony information not supported by sworn testimony is fraud upon the courts both Foreign and Domestic. Failure to respond or ignore this plea to have you do your elected responsibility will result in the public being notified of their elected States Attorney allowing his office and staff to run rogue. I will be forced to forward along to every agency and political entity. This would be insanity not to reprimand or recuse an Assistant State Attorney running rouge.

Also, Mr. McCabe, Mr. Hellicksons felony information that was not based on sworn testimony, alleged the criminal act occurred in Pinellas County Florida, For your information, 10.10 nautical  miles out in the Gulf of Mexico is not Pinellas County. Therefore, Mr. Hellickson and  the court lacked jurisdiction.

These actions of Mr. Hellickson is absolute abuse of power and authority. Seeking such at these levels have no business in your realm of business. You need to cull your employees.

Again, these proceeding statements are not speculative or hypothetical , they are facts and records.

Thank you for your time and immediate consideration of this complaint and the timely response you will be getting to me with your intention of solving this enormous trail of fraud.

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