Wednesday, March 31, 2010

So how does that "amended discovery" we discussed affect the Bernardo Barrera mortgage fraud case?

Yesterday we discussed the amended discovery that we found listed on John Romney's docket, what could this amended discovery be?  In the words of one of our commenters, was there going to be a "bombshell" for the defendants hidden among those papers that the state filed that was going to sink the defense?  Perhaps some new groundbreaking testimony that was going to ensure a slam dunk case for the state?  Hardly.  After an afternoon of nothing but hassle, we finally got the 160 pages of "amended discovery" which consisted of 60 or so pages of John Romneys bank statements and about a 100 pages of additional documents regarding the mortgage for the Oak Avenue home.

At first glance what we found in the amended discovery was nothing more than what we already had seen, purchase contracts, loan applications, closing documents, etc, all for the purchase of the Oak Avenue home that is at the center of the Bernardo Barrera mortgage fraud case.  Seemingly nothing new here, so we set aside the pile of documents and went about our business.  Later in the evening though while on the throne, we decided go through the documents one more time to see if there was anything different than the documents that we already had, that's when it hit me like a ton of bricks.  Let's start with the purchase contract...

3390 Oak Avenue Purchase Contract 3                                                            

Now, how many purchase contracts do we have for the Oak Avenue home?  We discussed two other contracts yesterday, one where both John Romney Maxine Andrews were sellers and Bernardo Barrera was the buyer and now today we have another contract where only John Romney is the seller and Bernardo Barrera is the buyer. Take a good look at the signatures we'll discuss them in depth later.  

So what else did we find?  How about this "Florida Mortgage Broker Contract" that we found which was executed by someone posing as Bernardo Barrera and the mortgage broker...

Florida Mortgage Broker Contract With Fake Bernardo Barrera Signature                                                            

I know, its a little hard to read isn't it?  Why don't we take a look at this larger, clearer version of the "Florida Mortgage Broker Contract" that the state initially provided...

Florida Mortgage Broker Contract With Real Bernardo Barrera Signature                                                            

That's better now isn't it?  What makes this document that much better is that IT'S GOT THE REAL BERNARDO BARRERA'S SIGNATURE ON IT! 

WTF is right!!!  You have to ask yourself, why was Bernardo Barrera's real signature on that document if he wasn't involved in the fraud?  Even worse, why was ASA Kostrzewski sitting on these documents since the summer of 2008, even before anyone was charged?  For the uninitiated among our readers, you have to understand that the cornerstone of Prosecutor Kostrzewski's case was Mr. Barrera's assertions of identity theft, the documents that are contained in the "Amended discovery" that was filed on 3/16/2010 completely disprove the theory that Mr. Barrera had no involvement in the fraud therefore negating the entire basis for Mr. Kostrzewski's headline case.

So why this new amended discovery 18 months after the case was filed?  There are two possible explanations:
  1. Mr. Kostrzewski knew his case was based on pure bullshit and was so desperate to put his name in the papers that he hid this exculpatory evidence.  The new prosecutor being a responsible and ethical attorney realizes that Mr. Kostrzewski had buried this evidence decides to hand it over to the court in an effort to write Mr. Kostrzewski's wrongs.
  2. The new prosecutor found these new documents, glanced at them and handed them over thinking they were just copies of other documents that the court already had.
I have too much faith in the new prosecutors to think that the production of these new documents was simply a mistake.  These guys aren't on the same playing field as Kostrzewski, these guys are the real deal.  That leaves us with the first scenario which considering what we've learned about Mr. Kostrzewski seems much more plausible.  

Game over Bill, your ass is cooked.


  1. So why hasn't the case been dismissed?

  2. Strictly damage control by the state attorneys office.

  3. Th timeline is a little hard to follow here. You show two copies of the "Florida Mortgage Broker Contract", one that is faded so the signature is unreadable and one where it is readable. You write that the readable one is the one initially provided, and the unreadable one is the one from the amended discovery.

    Are your labels switched?

  4. Sorry John, the documents aren't switched, they both have the same date on them. I plan on rescanning these documents and addressing the different signatures next week.