Dear Ms. Lomas: Thank you for the update & information on the plight of Miriam Lancaster. It would seem that her world has come crashing
down, at least as far as good government is concerned. I had drafted this note sometime back and it was sitting in my ‘draft’ folder where I
promptly forgot about it so please accept my apologies for not sending it sooner. Further, I have not met Miriam in person but I do know
that Sally Baptiste to be a person of moral courage and I respect her evaluation of Miriam Lancaster’s situation. How or why the state of
Florida would deliberately deny Ms. Lancaster her right to vote without due process is beyond belief. Perhaps there is data to support
the state’s position but without that information, I can only shake my head in disbelief.
Previously, I have had correspondence from Sally Baptiste regarding Miriam’s situation. However, I do not have all of the facts in front of me
RE Call To Action – Protect Voting Rights of Florida Seniors! Miriam E. Lancaster 12-27-2016 concerning the sequence of events leading
up to the state’s denying her the right to vote and on what basis they made their decision–doctors evaluation, psychiatrist. etc. As such, my
comments are made with the understanding that I am not an attorney or affiliated with any organization involving such situations in which
Miriam is currently involved.
You already may have thought of the consequences to those denying anyone their Constitutional Rights under the color of law but, if not,
perhaps a reminder to them of them would make them see the light if they persist in their actions.
On receiving an email from Sally dated 12-16-2016, I responded with an email (copies of both emails attached FYI). I pointed out that to deny
anyone their Constitutional Rights without due process is a violation of the Constitution itself, Article V and the Civil Rights Act, Title 18 USC,
Sections 241 and/or 242. Violations can result in both fines and jail time for anyone denying someone their Constitutional Rights under the color
of law. Refer to a brief outline of Section 242 reproduced below. Highlights are mine.
As stated above, perhaps a gentle reminder to those perpetrating this travesty of the consequences of their actions could allow them to “review”
their decision and bring them to their senses.
Chair, Constitution Party of Florida
800 Walker Loop
The Villages, FL 32162
352-751-3327 or 800-487-1738
From the Department of Justice’s website on Title 18, USC, Sections 241 & 242 (refer to details shown in the attachments):
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW Summary:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
From: Christine Lomas, Esq. [mailto:email@example.com]
Sent: Thursday, February 16, 2017 4:24 PM
To: firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; Radio Show Iowa Brad
Subject: Re: Friends of Miriam E. Lancaster
Hello all. I appreciate the input. When/if you do reply, can you also indicate to me whether you have recently visited Miriam, and if so, do you believe she is being well cared for by her current guardians. Please let me know especially if you have visited her in her current facility, and if so, your opinion of her current living conditions.
CHRISTINE J. LOMAS, Esq.
Attorney & Counselor at Law
331 S. Wymore Road
Winter Park, Florida 32789
OFFICE PHONE: 407-622-5020
FAX: 407-622-5030 • CELL: 407-535-2218
FAMILY LAW • PROBATE, WILLS & TRUSTS • GUARDIANSHIP
Attorney client privileged material. If you have received this communication in error please notify the sender and delete the contents herein.
On February 16, 2017 at 9:20 AM email@example.com wrote:
My name is Dr. Charles Frederick Tolbert I am a pastor and a retired Master Sergeant
Between 2004 and 2013 I was a caregiver for three women in their 60s 80s and 90s
I was their trustee and I had the power of attorney and guardianship and they lived in my house.
My degrees are in theology and education.
I have known Sally and Miriam for several years and I believe that there is no one more qualified than Sally to be the guardian and caregiver for Miriam.
I have met with Marion and Sally on several occasions.
If you have any questions please contact me at 561–3 98–9025
The following link is to my resume for my qualifications should you need me to go in front of the courts or the judges.
Under the Constitution the state of Florida has violated the rights of Miriam.
Charles Frederick Tolbert DivM, EdM, EdD
I was a candidate for the United States Senate in the party affiliated 2016
PO Box (590213)
Fort Lauderdale Florida
On Feb 16, 2017, at 8:01 AM, Sally Baptiste
I Sally Baptiste have decided to petition to be Miriam’s guardian. Christine Lomas, Esq. is representing me in this effort (see email address above).
Please let Christine know you support me becoming Miriam’s guardian. Include information as to why you believe I would be a good guardian for Miriam.