Prosecutor Misconduct No. 1741038517 - 2067690048

Date of Offense

October 19, 2023

Reporting Authority

This complaint has been forwarded to the The Florida Bar

Statement

On June 26, 2023, Assistant State Attorney Angela Liles applied for an arrest warrant on Donna Jay Barger (case # 2023-CF-513) with the affiant putting down a violation date of June 1, 2020 for violation of Florida Stat. 454.23, which is a 3rd degree felony, and has a three year statute of limitations on it. The prosecutor knew this, so then the affiant officer crafted new affidavit statements from the material witness (who had a reason to discredit the defendant Barger) as Barger was going to be a main witness at a family custody hearing that involved abuse by the states material witness on the two children that Defendant Barger had in her care. The Prosecutor, despite the documents stating violation date June 1, 2020, still went ahead and signed off the affiant's (Walton County Sheriff Deputy) affidavit approving asking the court for an arrest warrant, three weeks after the statute of limitations expired. Then on October 19, 2023 the prosecutor did a plea deal with the Defendant's favored witness, in exchange for a written false affidavit that she received October 24, 2023. The prosecutor held onto this affidavit for eight (8) months, and didn't submit it into evidence until the day after (June 26, 2024) after the Defendant's council conducted Depositions. During the deposition, the State's material and only witness impeached herself by prior inconsistent statements and she admitted during her deposition that the Defendant didn't tell the witness that she was an attorney, that the state's material witness and the only accuser of the Defendant stated in her original affidavit of complaints with Walton County Sheriff Office, that the Defendant did tell the witness that defendant "was an attorney hired by her son's grandparents". This came out in the deposition that she was not told this, that the witness just assumed she was an attorney by her knowledge of the law and her behavior, the way she talked and asked for Power of Attorney. 1) The Prosecutor has not charged the witness with lying under oath filing false testimony to law enforcement. 2) The Prosecutor has not dismissed the charge against the Defendant despite now knowing that probable cause has been removed 3) The Prosecutor has not charged the witness with tampering with the Defendant's favored witness 4) The Prosecutor has failed to tell the Defendant's counsel that she did a plea deal with the Defendants witness without counsel present 5) The Prosecutor has filed a motion to revoke the bond and obtained an order to put the Defendant in jail for violating pre trial release conditions, when the Defendant did not violate anything, she filed a court document in a civil matter where the defendant is Fictive Kin and has a right and obligation to report child abuse. 6) The Prosecutor knows she has no case beyond a reasonable doubt, and she knows she is beyond statute of limitations and is attempting to jail the Defendant so that she will be forced to take the plea deal that the prosecutor has shoved down her throat through several of her attorneys that the Defendant has said that she will never sign, so now the prosecutor filed a motion under Florida Statute # 903.0471, of which only a court or judge may file, and when a prosecutor files a motion asking to revoke bond, she is supposed to file it under Fla. Stat. 907.041, where the court then must hold an evidentiary hearing for due process for the Defendant to argue and the state present the evidence where the burden is on the state to prove the defendant violated pre trial conditions. 7) Instead the prosecutor filed under a statute only the court can bring forward without requiring a hearing and..... 8) the prosecutor on her certificate of service put the defendant's old attorney that was withdrawn from the Defendant's case and someone the prosecutor colluded with, and..... 9) the prosecutor used process of service to be by "mail" or hand delivered", which she never hand-delivered a copy of the motion to the old attorney. it was just a smoke screen to get the motion into the courts without the Defendant becoming aware of it and hoping no new attorney intervenes so that the Defendant gets put in jail and won't want to be in jail so she will take the plea deal.