Organized Petition Structure

1. Introduction

We, the undersigned, are petitioning on behalf of Corey Reynolds, who has been convicted and sentenced to a minimum mandatory life sentence under circumstances that we believe warrant thorough reconsideration.

Our petition seeks a comprehensive review of Corey's case due to significant legal and procedural irregularities, as well as the profound impact of prescribed medication on his mental state at the time of the incident that led to his arrest. Due to the temporary insanity Corey experienced as a result of involuntary intoxication, we believe he deserves an acquittal and immediate release from prison without further commitment. If this is not the conclusion you reach, we respectfully seek relief in the form of a considerable reduction of sentence, a new trial or a reasonable plea deal.

As sworn officers of the court having pledged under oath of office we hold you to your oath and duties to: 

-Seek the truth and administer justice fairly and impartially
-Be mindful of the possibility of innocence and take steps to prevent wrongful convictions
-Ensure that justice is tempered with mercy and that the rights of all individuals are protected

''In those extremely rare instances in which a prosecutor is presented with credible evidence that a convicted person may actually be innocent, these standards set forth his or her responsibilities that are consistent with the role of a prosecutor as a minister of justice. In fulfilling that role, the prosecutor must strike a balance between his or her responsibility that valid convictions are upheld, and the duty to see that the innocent are protected.  
Where a prosecutor actually believes that a convicted person is innocent, the prosecutor should support the release of the person if the person is incarcerated solely on that charge and support the reversal of the conviction for any crime of which the person was erroneously convicted.'' -National Prosecution Standards, 4th edition

As you 'administer justice without respect to persons' and to 'faithfully and impartially discharge and perform all the duties incumbent upon [you]' in accordance with the Oath of Office, we impel you to consider this petition with the gravity and urgency it deserves, as Corey's situation represents a grave injustice, and further oversight would only result in yet another miscarriage of justice. As elected authorities, having taken an oath to uphold the principles of justice and truth, not solely to condemn and prosecute, but also to exonerate the innocent and seek justice in all its forms. This ethical duty to seek the truth and administer justice fairly is a cornerstone of our legal system. We, the people, have invested you with the power to ensure that justice prevails, and we call upon you to fulfill this duty by giving Corey Reynolds the fair and just reconsideration he deserves.

2. Case Background

Corey Reynolds was arrested on November 26, 2011, and charged with two counts of attempted first-degree murder of a law enforcement officer. Unfortunately, the exonerating evidence of the negative side effects of his prescribed medication was never brought to the prosecutor, judge, or jury's attention. Corey was subsequently tried and adjudicated guilty on count one and found guilty of the lesser included offense of second-degree attempted murder of a law enforcement officer on count two. He was sentenced to two minimum mandatory life sentences on February 13, 2013.

Corey's ordeal began when he was prescribed 30 mg of Cymbalta (duloxetine) by his doctor to treat his depression. Shortly after starting the medication, Corey experienced severe side effects, including mania, anxiety, worsening depression, mood swings, confusion, agitation, aggression, hostility, lack of impulse control, and severely impaired judgment throughout the entire time he was taking cymbalta. These effects were documented by numerous eyewitnesses in sworn affidavits and testimonies, medical reports, and pharmacology expert testimony (See attachments below).

Three weeks after starting Cymbalta, Corey attempted suicide and was subsequently Baker Acted and hospitalized. During his hospitalization, he was not taking his medication, leading to dangerous on-and-off medication cycles. After being discharged, Corey was instructed to resume Cymbalta at a doubled dose of 60 mg. This abrupt on-off and dosage increase is documented in the medical community to have grave impacts on mental stability, which in this case, led to the incident resulting in his arrest.

It must be gravely emphasized and duly noted that for nearly 28 years prior to taking Cymbalta and (thus far) 13 years hence, Corey has never once exhibited any violent behavior or lapse of well reasoned judgement. That these clearly out-of-character side effects were confined and isolated to a mere 7 week period, not withstanding the detoxing effects subsequent to his arrest.  That is 40 years of maintaining his character of kindness, generosity, thoughtfulness and peaceful level headedness.  The profound and extremely brief 7 week lapse into wild and unmistakably uncharacteristic behavior and chaotic moods is unmistakable to those who knew him that something had changed him, and it correlated with the 7 turbulent weeks he was taking Cymbalta.  This fact cannot be stressed enough.

The severe side effects of Cymbalta were not introduced during Corey's trial. It was only several years later, in a 3.850 motion for ineffective assistance of trial counsel, that the impact of the medication was brought to light. Despite numerous affidavits and testimonies from friends, family, and medical professionals highlighting Corey's dramatic change in behavior and mental state, the court focused primarily on the issue of who's fault it was that the medication and its detrimental effects were not raised at trial. This resulted in a denial of relief that did not take into account the significant mitigating circumstances and exonerating evidence surrounding Corey's case.

3. Medical and Mental Health Issues

Corey’s prescription of Cymbalta, a medication intended to treat depression, had severe and unforeseen consequences on his mental health. After being prescribed Cymbalta at 30 mg, Corey exhibited symptoms consistent with the drug's known severe side effects, including mania, anxiety, worsening depression, mood swings, confusion, agitation, aggression, hostility, lack of impulse control, and impaired judgment as plentiful evidence and both expert and lay testimony expound.

Three weeks into his treatment with Cymbalta, Corey attempted suicide, leading to his hospitalization under the Baker Act. The abrupt cessation and subsequent doubling of his Cymbalta dosage to 60 mg further destabilized his mental health. This critical detail, supported by expert testimony and medical records, underscores the profound impact that Cymbalta had on Corey’s behavior and mental state at the time of the incident.

I would like to direct your attention to the below cited reference concerning a very similar case out of Bastrop county Texas. Robert Crerar was prescribed the same exact medication, also tried to commit suicide, was also subsequently placed on a double dosage by his doctor. Finally and sadly Mr. Crerar then killed his wife all because of the side effects of this nefarious medication Cymbalta.  Fortunately the courts and the state prosecutor had put aside their zealous pursuit of condemnation and allowed for the truth to shed light and justice for this already tormented man.  We urge you with the utmost sincerity to open your hearts and minds to the grave truth we set before you that Corey Reynolds has been afflicted by Cymbalta in the same exact way as Robert Crerar and so desperately deserves the truth of his medication's side effects to set him free as well.

4. Legal Issues and Trial Errors

Corey Reynolds' trial was marred by significant legal and procedural errors that undermined the fairness of the proceedings:

Trial counsel was clearly and repeatedly ineffective, evidenced by the failure to understand how to impeach the state's witness, preserve for appeal the issue of a tainted jury pool, and challenge erroneous jury instructions. Critically, trial counsel failed to present evidence of Corey’s temporary insanity due to the side effects of Cymbalta.

Corey's jury pool was irreparably tainted by the publicly made comments of a county jail worker during jury selection, as established in similar cases (e.g., McKinney vs. State). The failure to address this bias compromised Corey's right to an impartial trial.

Judge Hudson failed to disclose her marriage to the former Volusia County Chief of Investigative Services, violating the judicial cannon code of ethics and creating an appearance of bias and violating ethical standards and Corey’s constitutional right to a fair trial. Corey was deprived of the opportunity to seek recusal based on this undisclosed conflict of interest and bias. (See cannon code of ethics: cannon 3 section E, and comment 3E(1))

An erroneous jury instruction was provided, using the second-degree attempted murder (without application of the law enforcement enhancements, a penalty of 0 to 15 years),The court then issuing a punishment in accpradance with second-degree attempted murder of a law enforcement officer (carrying a mandatory minimum life sentence). This fundamental error went uncorrected by the state prosecutor, Corey's trial counsel Jane Park, and the judge, resulting in Corey receiving a harsher sentence than warranted by the jury's findings.  The constitutionally mandated right to have a jury decide each and every element of a crime and the facts that determine an accused sentence is well established law.

The prosecution’s star witness, John Braman, has since been discredited and publicly deemed not credible in a memo issues by the state attorneys office due to felony charges and misconduct. Braman's credibility was pivotal to the prosecution’s case against Corey. The state's subsequent decision to dismiss charges in other cases involving Braman's testimony highlights the unreliability of his statements, yet no such consideration was given to Corey's case.

5. Constitutional and Statutory Arguments

Despite the Florida judicial systems failure to address and correct it's violations of the constitution, the fact remains that the imposition of a mandatory minimum life sentence by the state prosecutor without allowing the judge or jury to consider mitigating factors constitutes a violation of the separation of powers doctrine. In Corey's case, the prosecutor's use of Florida Stature 775.065 which assigns a penalty of minimum mandatory life sentence without the possibility of parole usurped the discretion traditionally afforded to judges and juries to assess the individual circumstances of the case and determine an appropriate sentence.

Again, despite the Florida judicial system's refusal to address and correct it's violations of the Florida Constitution Art. 1, § 17 Excessive Punishment which states ''...indefinite imprisonment, ... [is] forbidden.''  A life sentence in Florida, which expressly forbids the possibility of parole, inherently violates this principle by imposing a punishment with no set number of years, extending indefinitely until death, affectionately called ''Death by Incarceration''. This lack of a specific time frame results in constitutionally forbidden form of punishment.

Corey’s case also raises significant constitutional questions regarding his right to due process and fair trial, as guaranteed by the Sixth and Fourteenth Amendments. The lack of consideration for his mental state due to involuntary intoxication and the resulting denial of his right to present a complete defense represent a miscarriage of justice that warrants immediate remedy.

The cumulative effect of the profound and substantial evidence of Corey's mental infirmary due to adverse side effects of prescribed medication, legal and procedural irregularities, combined with the constitutional and statutory violations listed above, creates a fundamental error under the cumulative effect doctrine that demands urgent redress. Individually, each violation—ranging from ineffective assistance of counsel and the presentation of erroneous jury instructions, a tainted jury panel, and undisclosed bias of the Judge, to the imposition of indeterminate life sentences, and failure to raise the defense of involuntary intoxication—represents a significant miscarriage of justice. When viewed together, these issues reveal a systemic failure that not only compromised Corey’s right to a fair trial but also resulted in a disproportionate and constitutionally unsound punishment, and gravely undermines the public's confidence in a fair trial and just punishment. The cumulative impact of these errors result in fundamental error and underscores the necessity for a comprehensive review and correction of Corey Reynolds' case to prevent further injustice.

6. Eyewitness Accounts and Supporting Testimonies

As explained earlier and cited below in the attached references, six testimonies were presented during the evidentiary hearing on appeal, representing only a fraction of the many affidavits and statements provided by numerous character witnesses and eyewitnesses. These sworn testimonies and affidavits consistently attest to Corey Reynolds' longstanding reputation as a person of good character, integrity, and sound judgement. They also detail the profound and alarming changes in his mood, behavior, judgment, and mental stability following his use of prescribed medication. Among these are accounts from individuals with intimate knowledge of Corey's character before and after the onset of his medication, as well as expert testimony from highly credible doctors specializing in pharmacology and the adverse effects of prescription drugs. These testimonies collectively underscore the significant impact the medication had on Corey, further illustrating the need for a reconsideration of his case.

8. Personal Plea, Character References and Accomplishments

Corey Reynolds' character has been consistently described by those who know him best as kind, gentle, intelligent, thoughtful, and rational. At least nine character witnesses are listed below having formally attested to these traits, with many more whose letters have yet to be digitized for the record. Corey is widely recognized for his reputation of never engaging in violence and maintaining a composed and well-considered demeanor. In terms of accomplishments during his incarceration, it would be difficult to list every program and class he has participated in; he has earned an estimated 50+ certificates. These include participation in faith-based programs, the Victim Impact program, La Red, Thinking for Change, and numerous others. Driven by a deep sense of remorse for that fateful night, and a sense of responsibility and accountability for not having had better mental fortitude and coping skills to manage his own clinical depression, he has tasked himself over the years to develops the necessary tools and coping skills he needs to manage his depression.This commitment to personal growth is further influenced by his deep-seated fear of medication, stemming from his previous adverse experiences.  With his self imposed accountability for his own mental health and a desire to better himself, Corey has immersed himself in self-help studies and explored various spiritual disciplines. He has engaged deeply with mental frameworks like stoicism and mental alchemy inspired by Carl Jung and a daily commitment to his spiritual practices to cultivate inner peace and resilience. Despite his circumstances, Corey has maintained strong relationships with his family and lifelong friends, continuing to offer support to them and those around him whenever possible. His personal growth and continued commitment to bettering himself and those around him demonstrate and underscore his inherent and consistent good character.

***** personal plea/remorse not yet included******

9. Conclusion

We urge you to rectify these injustices by granting Corey the fair review he was denied and providing an acquittal, new trial, or reduction of sentence, thus ensuring that the principles of justice, fairness, and mercy are upheld.  I will again bring your attention to  the Bastrop County man Robert Crerar and the incredible foresight and understanding that was given to this devastating case. As Corey's case is so tragically similar, he deserves a similar understanding and outcome. Corey's case deserves a thorough reconsideration not only for his sake but also to uphold the integrity of our judicial system. Justice must not only be done but must be seen to be done. By addressing the profound wrongs in Corey Reynolds' case, you uphold the very essence of justice and reaffirm your commitment to the values enshrined in our legal system. We implore you to act decisively to correct this miscarriage of justice and restore faith in the rule of law.

10. Attachments **listed on website ***

Medical records

Affidavits and sworn testimonies

Expert reports on the effects of Cymbalta

Relevant legal documents and case law citations