Mitchell E. Finlay Plans to Meet Local Political Leaders After Prison Release: Announced Balanced Justice Network
"After 23 years in prison, I am determined to contribute to the South Florida community and improve as many lives as I can," stated Finlay.
"I want to convert my 23 years of incarceration into a positive and share my observations and ideas on how to make the criminal justice system in Florida more effective for taxpayers and truly rehabilitative and balanced," stated Finlay who describes himself as having spent the past 2 decades engaged in independent study, immersed in an extensive range of topics through constant reading and listening to educational podcasts when the prison has provided him with a working tablet.
"After 23 years in prison, I am determined to contribute to the South Florida community and improve as many lives as I can," stated Finlay.
- Currently, Finlay is in State prison serving a mandatory Life sentence.
- August of this year will mark his 23rd year incarcerated.
- His family is campaigning for a second chance and release on probation.
- Finlay has maintained his innocence throughout the past two decades.
- He was in his late 20s at the time of his arrest.
- This May 30th Finlay will turn 52 years old.
- Podcast episodes1 by Finlay can be heard on Balanced Justice Network addressing a broad range of subjects.
In 2001 Finlay, then in his late 20s, was arrested in Miami Beach after a one-night intimate encounter in his hotel room with a woman he had just met. He was accused of sexual assault, rejected a 5-year plea deal from Miami-Dade prosecutors, went to trial believing innocent people don't take plea deals, lost at trial and was sentenced to Life. He has served 22 years and 9 months. (CASE NO. F01-24201, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTY.)
The Founder and Executive Director of Balanced Justice Network3, Evelyn Castillo-Bach is determined to demonstrate to Miami-Dade State Attorney Katherine Fernandez Rundle that Finlay is worthy of a second chance and merits immediate release on probation. "As Mitchell's mom and as Executive Director, I don't seek to point fingers. We simply want the Miami-Dade State Attorney to give Mitchell a second chance. He will contribute to the lives of many others," affirms Castillo-Bach.
The American Bar Association 2023 Plea Bargain Task Force Report2 addressed the issue of a significant differential between plea deals offered and the prison sentence administered when defendants chose to go to trial. As reported, “while in general some difference between the sentence offered prior to trial and the sentence received after trial is permissible, a substantial difference undermines the integrity of the criminal system and reflects a penalty for exercising one’s right to trial. This differential, often referred to as the trial penalty, should be eliminated."
Castillo-Bach added her agreement with the following American Bar Association statement in the 2023 Plea Bargain Task Force Report.
“Charges should not be selected or amended with the purpose of creating a sentencing differential, sentencing enhancement, punishment or collateral consequence to induce a defendant to plead guilty or to punish defendants for exercising their rights, including the right to trial.”
Balanced Justice Network advocates for criminal justice reform, second chances and transparency in plea bargains and sentencing.
The Balanced Justice Network website also gives a concise summary on the case and includes a link to the last legal brief filed by Finlay’s appellate attorney Richard C. Klugh.
On November 13, 2015, appellate attorney Richard C. Klugh filed an appeal to the Life sentence in THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, CASE NO.: 3D15-1249, MITCHELL FINLAY, Appellant,-vs-STATE OF FLORIDA. APPEAL FROM THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY.
Evelyn Castillo-Bach
Balanced Justice Network - Changing The System
info@balancedjusticenetwork.org
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WATCH NOW: Inspired by the American Bar Association: The Truth About Plea Deals: How the Criminal Justice System Fails Innocent People at http://www.youtube.com/watch?v=PA3F6_8llbY
1 https://balancedjusticenetwork.org/
2 https://www.americanbar.org/content/dam/aba/publications/criminaljustice/plea-bargain-tf-report.pdf
3 https://balancedjusticenetwork.org/meet-the-founder/