DNA wasn't a Match, Should have Proved my Innocence?

Updated: May 1, 2020

In Need of a Voice I am a 49-year-old Brazilian Citizen and I am serving Four natural life sentences. I have been incarcerated for nine years now. since my arrest in 2009, I have been a follower of Jesus Christ. You’ Contact information was given to me by another Prisoner, I am not sure if you are able to help me being that this is a Sexual Battery case. I do understand that this is an overly sensitive matter and some folks do not want to get involved with this type of case. However, I kindly ask you to keep reading on. My ex-wife and I moved from Brazil to Florida in 1993. I was married for 16 years prior to my arrest in son was 10 years old and my daughter was 9 years old. I have a bachelor’s degree in computer science, and I was working for Valencia Community College in Orlando, as a systems administrator. I was living in America legally. I am looking for someone who would work my case. I do not see a better way of explaining my situation other than sharing with you a brief statement of my case. I am deeply sorry about that I do not take the details of my case lightly, as a matter of fact I am very ashamed of them especially after having my mind renewed by the living word of God. Back in 2009, I met this woman on an adult website. My theory of defense was fabricated. This woman had told the sexual assault nurse she had not had sex for weeks prior to the alleged sexual attack thus claiming to be virtuous, whereas the defense claimed that she was a gold digging prostitute who had set me up because I would not pay her the amount of money she wanted for the sexual act .

According to this woman, on the evening of this incident, she was wearing an orange thong underwear and a white underwear on top of the orange thong.

According to this woman, on the evening of this incident, she was wearing an orange thong underwear with a white underwear on top of the orange one. The crime scene investigator (CSI) collected both underwear from this woman and submitted them to the Florida Department of Law enforcement (FDLE) for DNA testing along with several swabs, including a vaginal swab. Tests results show that semen was found on the orange thong underwear, DNA from three different male was found on the vaginal swab. I was excluded as the source of any semen found on these items. Also, my saliva was not found on any part of her body, although she has told the police that I had licked her all over. Please FDLE Reports Attached. These test Results were not presented in my Trial .The Jury never Learned that although this woman had told the sexual assault nurse that she had not had sexual relations with any man for at least two weeks prior to te alleged attack, semen belonging to other men had been found on her orange thong underwear, white underwear and on the vaginal swab .This woman drove from Tampa to Orlando (About 1-hour drive) to meet up with me. Her “Best friend” testified that while on the phone with her she heard a terrible scream and cries for help from this woman and that after that the phone call went dead. Though her “Best Friend” knew where this woman was, she never called 911. After the alleged sexual attack, this woman called her best friend back on her cellular phone and told her that she had been raped. Her Best friend , once more failed to call 911.Instead , she told this woman to drive to her house in Plant city, FL which is about 50 minutes from Orlando .Four hours later , they contacted the Sheriff’s office in Orlando and told them she had been raped . and that they had found a pubic hair on this woman pubic region. They were asked to drive to Orlando and meet up with detectives, and the police began to investigate the case. This small hair which this woman allegedly located on her pubic region that did not belong to her and had never been tested or proven to belong to me or to have even been a pubic hair at all was admitted into evidence by the state of Florida in order to infer that I had committed the acts alleged by this woman .

The sexual assault nurse testified that she observed blood& injuries on this woman’s private parts. She also testified that what she observed could have been the result of a sexual transmitted disease (STD).During closing statement, the state of Florida highlighted to the jury that they had looked for evidence of the person responsible for her injuries and they found my ‘ pubic Hair” on her pubic region. The evidence introduced in my trial only supported this woman’s version of events. The Jury was not aware that somebody’s else semen had been found on the vaginal swab and on her orange thong underwear. The jury was not aware that the alleged hair found on this woman pubic region had not been tested or scientifically proven to be a pubic hair or to belong to me.

In my trial there was no evidence such as the vaginal swab test result to show the jury that this woman had lied when she told the sexual assault nurse that she had not had sex with any man prior to the alleged sexual attack .The semen found on the vaginal swab proves that either she had had sex before or after seeing me .

In my case , THE STATE OF FLORIDA not only tried it’s best to keep admissible EXCULPATORY ‘DNA ‘ test Results out of the jury’s ears, but also , it knowingly introduced this UNTESTED small hair as being my pubic hair in order to tie me up to these crimes and also to bolster this woman credibility. After all, if this “PUBIC HAIR’ belonged to me and I testified that I did not have intercourse with the woman , in the jury’s mind, they had no doubt that I was lying and that I was guilt of all charges .

I would understand this kind TRIAL taking place in Russia, China, North Korea or even in South America .The State of Florida Robbed me of my Rights (if indeed I have any)toa fair trial , pursuant to the constitution of the United States of America. A Trial where I should have been found guilt by my peers beyond any reasonable doubt.

I have filed Numerous Motions following my Judgement and sentence with no avail .I have brought to the courts this injustice, including the argument that no admissible DNA results were introduced in my case and that untested evidence was introduced in my case to tie me up to the crimes. THE COURTS HAVE DENIED ME RELIEF EVEN THOUGH SEMEN FOUND ON THE VAGINAL SWAB WAS PREVIOULSY DEEMED ADMISSSIBLE BY THE TRIAL COURT ..


Marcelo Alves #C05263

Taylor C.I.

8501 Hampton Springs Rd

Perry, Fl 32348

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