My Reality Check

Miss Marsha

Your Reality check is very sad and pains the heart.

My thoughts and prayers will go out to the families and victims

TRUTHHURTS

That's what I get for not proofreading.  I meant to say "I cannot imagine NOT reaching out to to a woman who shares that pain."

She needs to get an attorney. She can have all of her questions answered and addressed in court. The only way to address wrongs committed against anyone is to have your day in court. She is entitled by law to that right to address the courts.

As far as the website set up for the other child that was killed that day. I visited the website and did not see anything wrong with the website. This is evidently one of the ways that family has decided to honor their loss of their child on that tragic day too.

However, I don't think that family should be expected to pay any fines that were imposed on Elmer Polite. Nor should they be held responsible for what he has not done.

There are statutes of limitations on addressing these issues in the State of Florida. I would suggest she contact an attorney and find out what those limits are by law.

If the State did not do a proper investigation, Elmer Polite was negligent in his driving that day medication or not or his driving history. All of these issues are best worked out in the courts. Getting an attorney is the first step in finding out the answers and having those addressed.

Other than a plea on the blogs for anyone with any information on that date that could witness what happened prior to the accident and would come forward and contacted the family.

These are the best 2 options I can offer her and her family. Along with my expressions of my feelings of sorrow for what she has had to experience.

My thought and prayers are with her and her family.

Sometimes is easy to get distracted by subjects, when what's really important is people.

Marsh, I don't have any idea why a determination of speed wouldn't be part of any traffic fatality investigation.  And I thought it was just standard operating procedure for blood-alcohol content to be measured, usually by the more accurate blood test.  It is truly amazing that neither was a factor in the "investigation."

Michael S. Mann

I fully understand what you're saying, Marsha, and applaud you for trying to help this poor mother in her grief by bringing this to the attention of those who visit this blog.  My heart and prayers go out to Lisa and her family.  I hope that someday she will get the answers needed to at least help her more understand what happened that terrible, terrible day.  It's truly sad more investigation didn't seem to be done.

As for the website you mentioned, I did go and visit.  I suppose this is the way that family decided to help others in the future who, unfortunately, may walk in their shoes.  There's nothing in the world more unbearable for parents than the loss of a child.

MeMaw

I think of those children every time I have my grandson for an overnight stay. Unless one is a grandparent, describing these feelings is impossible. I can not even begin to grasp the grief Lisa Butafuoco has. And to be over a thousand miles away on top of it really must cut like a jagged piece of glass.

To know that something like Elmer Polite and his judge (Tim Collins who appears to be more interested in getting a taxpayer financed ice maker than justice) are still walking around without so much as as an "I'm sorry" is beyond me. This 'judge" who levied the paltry fines is a disgrace and apparently doesn't give a single darn what he has allowed and doesn't seem to care that such a ludicrously stupid disposition to this case means anything in not even forcing the payment. It's too bad neither of these people have the moral compass God gave a lemming. They really should throw themselves over the nearest cliff.

The alleged police officer that refused to do any investigation at the scene should follow them. Talk about a waste of taxpayer money.

Lily's Lore "I don't ever want to be rescued And I don't ever want to be saved I got a feelin' that I'm gonna be alive forever Dancin' on the edge of a grave..." Jim Steinman

The reason I didn't give my opinions of the website is because I didn't want to begin a debate on it's value or intent and take the focus off the unanswered questions. Obviously so far no one has seen it from my point of view and that's ok because it's not the nexus of the issue at hand.

I agree with you Angela that they need to hire an Attorney and have said so in the emails we have exchanged along with giving her the names & some sites of Personal Injury Attorneys here in the area.  At this juncture I believe it's the only truly productive course of action.  I do however still feel effected by this and compelled to write about it.

Like you said, I am keeping it in the blogs hoping someone sees it and can offer something, information, advice or perhaps one of our Law Enforcement Officers can give some insight to what I see as irregularities. 

More then anything I am impressed beyond words at how Lisa has kept "living" in light of the loss.  I believe she's doing most everything she can to help herself and her strength is humbling in a way that I just cannot articulate and it's why I've been out of the blogs for a few days. 

Lily while I am the last person to defend a Judge he could only deal with the parameters laid in front of him and his sentence was the stiffest that could be given. Lisa told me that the Judge had actually apologized to her for not being able to do more.  I have Grandchildren so I get where you are coming from, and they're on my mind more often then what they are not.  I tear up anytime I go near the Shands Bridge. 

At the center is a rate of speed that was not determined, and tests that were not done that should be routine when people are killed, a history of driving violations and eye witness accounts that should have raised some sort of flag. 

I think Clay County has one of the Judges coming up for re-election this year. We should start a campaign to change that landscape as well. The State Attorney, some of our law enforcement, and the Judges have not represented the voice of the people. This being just one incident. We should voice our disgust in the only way we have as the taxpayers. GET THEM OUT OF OFFICE.

If it brings her any comfort many on these bloggers have been sickened by our representation from those in power on all levels. Maybe some will read these blogs even if they don't respond. Hopefully they will see what effects their actions or lack of causes these victims and how we the people feel about their lack of concern.

However, as I told her in another blog all of this lands in the lap of the State Attorney's Office who has woefully underserved the people.

Judges do not represent the voice of the people.  If that were the case, lynchings and many crimes would not be illegal.  Many times the voice of the people is just wrong because it has their personal emotions added.  Judges are bound by the law.  The law is made by elected representatives of the people.  The judge does not make the law, he does however, interpret it as best he can.    If the judge had given a verdict outside the parameters of the a law, it would simply have been overturned by another judge.  Justice and judges are not perfect, They are however, the best method of giving justice we use today.  If you want to make changes, go about it by changing the law. 

I have personally talked to judges in Clay county after a verdict is given.  Many times they said because of the way the law was written, the person escaped punishment.  Did they commit the offense, of course, were they guilty under the law that applied, no.  I would not want the emotions of "the people" involved if I were on trial.  I would want a judge who strictly interpreted the law and a jury of impartial peers to decide my fate.  If you don't like a verdict, then appeal, and if the appeal fails, try and change the law.

Judges will tell you, what I say is the law, is the law, unless I am overturned.  

Does the punishment in this case seem light, of course it does. 

Lisa and her family were a victim of the offender Elmer Polite and being in the State of Florida when this happened. I will be even more precis the 4th District.

Our district is plagued with some judges that have adopted the starchy demeanor and arrogant air that lawyers jokingly refer to as “black-robe disease".

Without having to go into a litany of the problems will just cite a few the Cheif Justice Moran issues with his wife who confessed she attacked her husband. That was after she called the police and stated he attacked her. However, the State Attorney decided upon himself it was a personal matter. So they should work it out at home. Cheif Justice Moran who informed our County Commission they would violate the laws and not take an item out to bid and do what he told them to do. That was after a Clay County Judge had violated the terms of their agreement and fired them anyway while under contract. Not to mention our recent Judge who has submitted a bill for the taxpayers to buy him a new robe. I was hoping if we were forced to buy that robe they could get one not already inflicted with the "black-robe disease. Then when one showed up to the BCC meeting called the Commissioners the horse and the joke was made about which end. I thought the "black-robe disease" was quite prevalent in that atmosphere.

Let's not forget the recent incident where the Judge fired his judical assistant who had been battling cancer. After being called a few choice names the Judge wielding the influences of his comments should know first hand.

Instead of spending dollars investigating situations such as Lisa's family they make the choice to spend them convicting Chad Hines and suppressed evidence which it took him 10 years to prove he was innocent.

The legislators make laws, the Judges interpet and enforce those laws. Often some are not clear.

I have suggested to Lisa in another blog if the laws did not protect her and her family then she should advocate for new laws such as the Jessica Lunfords Act.

However, the system of failure is in the State Attorney's Office which is given the sole power to charge or not charge an individual. The sole power to decide on what those charges will be and placed before the court.

I would suggest not coming to Florida. I would also suggest if you get an attorney go outside of this immediate area.

Of course some judges abuse their office.  Of course there are some State Attorney's who are incompetent.  All I can say about this is that it is the best system designed so far.  It works most of the time, but not all the time.  It is a travesty when someone escapes justice by a technicality, or the ineptness of an investigating officer, or an investigating office.  By and large, I would much rather go before the justice system in Florida than a state such as Texas.  Texas has released more convicted criminals than any other state due to  overzealous States Attorneys.   Yes, of course the SA's office would rather prosecute a high profile case than a traffic case, even involving deaths.  Justice is still served in most cases, but not all.   This is one of them.  But don't condemn the system, condemn the officials, and vote them out of office in the next election.  I have voted for years against the sitting judges, and incumbent State Attorney but the people of our area have obviously not voted as I have, as the same people are still in office.

That was my post in the above GET THEM OUT OF OFFICE by the only means we as taxpayers have and that's the power to vote.

In Florida, we have more innocent people released on Death Row than any other State. Makes me wonder how many have been wrongfully put to death.

I could never in good conscience vote to put a person to death from some of the stories I've been made aware of in this State.

As State Attorney Lamar recently stated, "we can run the State of Florida like a good ol boys State forever". Well he has quite a history dating back into the 80's in Florida. That would be a blog in and of itself. However he would be in a position to know and make that statement. I agree, the time has come for a new direction in Florida.

That's why we the people need to learn and stand up and make our government represent the people that we are and want to be. I will assure you they will not let that system of power go without our (voters) due diligence.

Our State Attorney has quite a history of not making the decision to charge any public officials regardless of what has happened. Yet he will spend all kinds of taxdollars in a grand jury trial against State Attorney Tanner with no indictments. Seems Tanner had a problem with his son. Maybe he should have saved some of our taxdollars and used them to prosecute Elmer Polite for criminal negligence in my opinion. However, he has made me a citizen of this State lose all faith in a Grand Jury. I will be glad to see him go. I feel the same way about the Fitzgerald trials and the taxdollars wasted there as well.

Until then we have people like Lisa and her family and we have no answers for what she has been denied. May God give her the strenght daily to fight on for her answers.

First I would like to thank everyone once again for all their well wishes and support.  Yesterday needless to say it was a hard day for us.  There was a memorial service that we had planned which was in the same church where the funeral was held.  The day before when we were going to leave to NY I just broke down and couldn't do it.  I was an absolute mess and just couldn't face it.  My family still had the service but Mike and I did not attend.  My Uncle recorded the sound for us so we could hear it.  Everyone who attended said it was absolutely beautiful and very heart warming.  Several people said that going in they were crying and a mess but when they came out, they felt so much better and actually smiled.  I haven't heard it yet but I cant wait to hear it.  It was a hard day that was made even harder.  My brother n law that was in the first car that Elmer hit was admitted to Shands at almost the same time that we were a year ago on the same day.  His kidneys are failing and are only operating at8% and is in need of a kidney transplant.  I do not know how much more our family is suppossed to take, and of all days for this to happen it happens almost the same exact time on the one year anniversary at the same darn hospital.  He was told that the stress of the accident possibly progressed his illness.  Isn't that wonderful???????

I wanted to put my two cents in on the foundation that was started in Victorias memory. I can appreciate them wanting to start something in her memory because one day I will have a law or foundation in Mikey and Annemaries name.  BUT with that said I have several issues with this one.  #1  Elmer was found guilty of not having a seatbelt on Victoria and all of the evidence proved that no questions asked.  Well on the website it says that Victoria was killed in a car accident then they end the sentence.  Then in a whole new sentence they say "She was killed even though she was wearing a seatbelt." That whole sentence is a complete lie.  He was found guilty bottom line.  To me it is like they are basing this foundation on a compete lie and falsly representing themselves misleading people who are to donate or use their services.  I would have more respect for them if they took the approach of something like "Learn from our mistake, make sure your kids are buckled up don't let another innocent child die"  Instead they put on their website (I am not sure I got the exact word for word but you will get the point) "As a parent it is our job to make sure your kids are buckled up and in car seats and keep them safe....To me that is a slap in the face and I find it very insulting.  Does she not need to be licensed to give out this kind of child care or because she is a foster parent she is allowed to do this?  What services exactly is she providing that she is asking for money?  Does Elmer still reside with her?  Because if I was a parent that had to unforutnately use her services and I found out that their child was killed at the age of 8 because she wasn't belted in I would be horrified that these are the same people that now have my children and are offering help.  They are offering to help others in this time of need - WONDERFUL - but what about us? How about starting out by helping the family that you have destroyed??? 

I believe it was Marsha above who wrote something that I completley agree with.  These things cost money to start up but yet he hasn't paid one penny towards any of the fines he was ordered to pay.  Wouldn't you pay that first? It makes me wonder if he is upheld any of the other things he was ordered to do.  Does anyone know how I would check that?  I checked Elmer's court records online to see that he hasn't even paid the $500 fine for the seatbelt infraction he received for Victoria.  Elmer couldn't even plead guilty for the fines for my kids he pleaded no contest.  They have hid and played games with the court the whole time and all over $1,500??  He has never once admitted his guilt nor said he was sorry.  He won't even give us a reason to why it happened.  I find it horrifying that the person who is responsible for taking three childrens lives can be so selfish even at a time like this. In court he played games that made me want to vomit in disgust.  I won't write about them but if you have the public court records you can see for yourselves.  I would have more respect for someone that stood up and took the blame for what they are responsible for doing.

I am sorry about ranting but i just want to scream sometimes.  Sorry if I didn't get my thoughts out in a manner that made sense!  I had this whole thing typed that took my like an hour to write and something happened and it was wiped out before I could post it!!!  So I had to retype everything so I probably left out some of my key thoughts.  Maybe a cup of coffee will calm my mind!

I share your sentiments regarding the foundation, it's what "isn't" in it that bothers me, and I'm sorry, call me heartless if you like but all I see is an opportunistic attempt to manipulate the kindness of strangers.  Had they told the whole story I might have believed in an altruistic intent, as it is I don't.

Anniversaries of a loss are always tough, especially the first one.  Although I have not lost a child I have lost a grandchild and I can tell you that it will get better, the pain becomes more bearable with time but it will take a great amount of time to get there.

You just have to try and remember at those times when it's nearly unbearable to hold on, it will pass.  Also never forget that the human spirit is eternal and for those who believe....your children dance in paradise.