With presumed innocence questioned, NFM man wins new trial

FORT MYERS, Fla. – A North Fort Myers man currently serving a decade in state prison for stalking won a new trial after an appeals court judge ruled his objections during jury selection were “erroneously denied.”

Curtis John Welch, 43, also claims his convictions for stalking and aggravated stalking should be considered double jeopardy.

The ruling, stated in a written opinion by judge Edward J. Volz, Jr., on Wednesday, was based on two jurors who were uncomfortable with not considering Welch’s right to remain silent as evidence of guilt.

One juror, identified as “Juror Strickland,” said Welch’s silence “would be lingering” on his mind but expected prosecutors to prove their case, according to court documents.

“If it’s proven beyond a reasonable doubt, I am okay with that,” he said in the documents. “If there is that, you know, in-between where he could have helped or hurt himself by testifying, that would be the thing that’s lingering in my mind.”

A second juror, identified as “Juror Wolff,” said while she wouldn’t hold Welch’s right to silence against him, it would “probably not” affect her decision of guilt or innocence.

Welch’s attorneys argued the jurors’ uncertainty should’ve eliminated them from consideration.

“When presented with a challenge for cause to a prospective juror, a trial court must consider ‘if there is basis for any reasonable doubt’ concerning that prospective juror’s ability ‘to render an impartial verdict based solely on the evidence,’” the attorneys wrote. “In the case at bar, both Mr. Strickland and Ms. Wolff expressed misgivings about how they would judge the facts of the case if Mr. Welch did not testify in his defense.”

The attorneys also claim Welch’s two stalking convictions should have been encompassed within a single count, adding he was not accused of two “distinct and independent criminal acts.”

Prosecutors have 15 days to appeal the ruling.

Welch, who was convicted in 2014, was also categorized as a habitual felony offender due to multiple past convictions on weapons, theft and burglary charges, according to state prison records. He is currently serving his sentence at the Calhoun Work Camp, located an hour west of Tallahassee.