MIAMI — A Miami-Dade judge ruled in court Tuesday that Miami Gardens pastor Eric Readon will stay behind bars, rejecting his effort to undo the guilty plea he previously agreed to.
Readon, 49, had asked the court to undo his June guilty plea in a fraud case involving the taking and sale of 82-year-old Edward Fuller’s home.
Prosecutors said Readon manipulated Fuller into transferring the deed and then sold the property without Fuller’s knowledge. He was charged with exploitation of an elderly person and ultimately pleaded guilty.
Under the plea agreement, he received 364 days in the county jail, 15 years of probation and was ordered to pay $180,000 in restitution.
In court, Readon argued that his former attorney, Matthew Rogoff, pressured him into accepting the plea, failed to finish depositions and did not properly review evidence that was turned over late.
Judge Christine Hernández rejected those claims, ruling that Readon entered the plea voluntarily and that nothing showed his attorney acted improperly.
“The defense has failed to meet their burden that (the attorney) was deficient or that the deficiency affected the outcome,” she said.
The judge also referred to the original plea hearing, where Readon told the court he understood the deal and that no one threatened or forced him to accept it.
“On page 15 … the court asked the defendant if anyone forced him or threatened him to accept this plea offer. Mr. Readon advised that he was not threatened or forced to accept the plea offer that was made by the state,” Hernández noted.
Phone logs and text messages presented in court showed more than 50 communications between Readon and Rogoff in the days before the plea. The judge said those messages proved Readon initiated discussions about the agreement.
“It is clear … that Mr. Readon was the individual who initiated the conversations about a potential plea,” she said.
She added that Rogoff’s testimony was credible and reflected “consistent communication with Mr. Readon regarding the plea.”
Hernández also dismissed Readon’s claim that outstanding depositions and late discovery justified taking back the plea. She ruled that the defense failed to show how any of that would have changed his decision.
“The defense has failed to meet their burden regarding prong one … and also finds that even had they met their burden … that the defendant still would have taken the plea,” she said.
With the judge’s ruling, Readon’s sentence stands. He will continue serving his 364-day jail term, followed by probation and restitution.
He may still appeal, but for now the plea remains in place.
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