EDITOR'S NOTE: On August 21, a Key West jury required only 35 minutes to aquit Duval Street emerald merchant Manuel Marcial of grand theft charges. Marcial says he will now sue State Attorney Kirk Zuelch and Investigator Paul Meyers for millions— and he wants a jury trial. Here is the complete text of a letter dated August 30 and sent to State Attorney Kirk Zuelch by registered mail.
Dear Mr. Zuelch:
This correspondence will constitute the official notice required by Florida Statue 768.28 of Mr. Manuel Marcial's claim for damages he sustained as a result of actions taken against him by your office. This notice will serve to advise you of impending litigation against you in your capacity as State Attorney as well as individually.
As you are aware, your office recently tried Mr. Marcial in front of the Honorable Mark Jones for two counts of Grand Theft, two counts of False Advertising, and one count of Scheme to Defraud. After the State rested their case, Judge Jones dismissed all but one count on the Defendant's Request for Judgment of Acquittal. There was substantial evidence introduced during the State's case in chief which showed that my client had absolutely no dealings in the sale of one of the rings which formed the basis for the charge of Grand Theft against my client.
Additionally, there was testimony by the State's experts that they were given false information as to the purpose of the appraisals. Further, at least one of the State's experts testified that he considered the actions of your office as an "appraisal by ambush."
There was also sworn testimony that both of the appraisals introduced into evidence by your office contained inaccurate and incomplete information. At least one of the State's experts testified under oath that he had notified your office that the appraisal was invalid for your intended purpose.
As a result of the malicious prosecution of Manuel Marical by your office, Mr. Marcial has suffered extreme financial and emotional harm.
Your own expert recognized Mr. Marcial's credentials as being superior, and he testified under oath that Mr. Marcial possessed the knowledge and the skills to make reasonable conclusions as to jewelry. Mr. Tenhagen, the State's own expert, testified he would rely on information disseminated by Mr. Marcial as to the condition or value of emeralds and/or jewelry.
Your wrongful prosecution and the slanderous and libelous remarks made by your office, there is no way for us to accurately measure the damage which has been done to Mr. Marcial's reputation within his community. Your less than honorable actions have left Mr. Marcial and his family scarred forever.
If I can answer any questions for you regarding this correspondence, please do not hesitate to call my office.
Gloria W. Fletcher
Attorney at Law