Check out the very interesting article that appeared below. It isn't very often where you see both the State Attorney's Office and the defense attorneys collectively opposing the release of evidence. But that is exactly the case below. In this case the police officers, prosecutor and the defense attorney all request that the tapes not be released. However, because the court reviewed the tape as part of the case, lawyers for the Times Union have correctly argued that the tape is now in the "sunshine" and should be released under Florida's public records law.
From the Times Union: Circuit Judge Mallory Cooper heard arguments Monday that she should release to the Times-Union a transcript of a conversation a friend of Tyrone Hartsfield secretly recorded. Cooper read the incomplete transcript before denying bail Friday to Hartsfield, who has been charged with the Labor Day shooting that left Jacksonville Jaguar Richard Collier paralyzed below the waist. Collier also had a leg amputated after he was shot about a dozen times. Attorney Timothy J. Conner, representing the Times-Union, said the transcript was used in the judge's ruling and so is now part of the public court record. As a result, both the transcript and the original tape should be available, he argued. Assistant State Attorney Bernie de la Rionda and defense attorney Ann Finnell both opposed the release of the conversation, recorded by Hartsfield's friend, Stephfan Wilson, at the urging of police. Cooper said she will rule Thursday on Conner's motion.
Charlie Patton
Tuesday, February 24, 2009
Tuesday, February 17, 2009
Attorney General's Cyber Crime Unit Remains Aggressive in Jacksonville
A Ponte Vedra Beach High School assistant football coach and special-needs aide is charged with sexually soliciting a 16-year-old boy through an e-mail and traveling to meet him.
William G. Turner, 46, was arrested Monday by law enforcement officers with the Attorney General’s CyberCrime Unit with assistance from the FBI and Jacksonville and St. Johns County sheriff’s offices.
Turner, of the 5500 block of Resa Terrace in the Ortega Farms area of Jacksonville, works as a paraprofessional with special-needs students in small classroom settings and is the school’s assistant football coach. He is listed on the high school’s Web site as Will Turner, an Exceptional Student Education specialist.
He is accused of transmitting pornography to the teen in Jacksonville and soliciting to meet him for sex. A CyberCrime investigator located the boy and his parents and was given permission to take over the his Yahoo account.
The investigator was soon contacted by a man who offered to meet with the teen for a sexual encounter. Turner instead met police and was arrested in Jacksonville, the Attorney General’s Office said.
Turner is charged with three felonies — solicitation of a minor via computer, transmission of harmful materials to a minor and traveling to meet a minor to engage in a sexual activity. His bail has not been set.
Turner passed a background check before being employed by the St. Johns County School Board four years ago, said spokeswoman Margie Davidson, and his personnel file shows no prior arrests or disciplinary reports.
“The parents of his students love him,” Davidson said.
Because of his arrest, Turner is suspended with pay pending action by the School Board.
Others who may have been approached by Turner can contact the CyberCrime Unit’s victim advocate at (904) 348-2720.
See Link http://jacksonville.com/news/metro/crime/2009-02-16/story/ponte_vedra_high_staffer_in_trouble_in_sex_solicitation_with_boy
William G. Turner, 46, was arrested Monday by law enforcement officers with the Attorney General’s CyberCrime Unit with assistance from the FBI and Jacksonville and St. Johns County sheriff’s offices.
Turner, of the 5500 block of Resa Terrace in the Ortega Farms area of Jacksonville, works as a paraprofessional with special-needs students in small classroom settings and is the school’s assistant football coach. He is listed on the high school’s Web site as Will Turner, an Exceptional Student Education specialist.
He is accused of transmitting pornography to the teen in Jacksonville and soliciting to meet him for sex. A CyberCrime investigator located the boy and his parents and was given permission to take over the his Yahoo account.
The investigator was soon contacted by a man who offered to meet with the teen for a sexual encounter. Turner instead met police and was arrested in Jacksonville, the Attorney General’s Office said.
Turner is charged with three felonies — solicitation of a minor via computer, transmission of harmful materials to a minor and traveling to meet a minor to engage in a sexual activity. His bail has not been set.
Turner passed a background check before being employed by the St. Johns County School Board four years ago, said spokeswoman Margie Davidson, and his personnel file shows no prior arrests or disciplinary reports.
“The parents of his students love him,” Davidson said.
Because of his arrest, Turner is suspended with pay pending action by the School Board.
Others who may have been approached by Turner can contact the CyberCrime Unit’s victim advocate at (904) 348-2720.
See Link http://jacksonville.com/news/metro/crime/2009-02-16/story/ponte_vedra_high_staffer_in_trouble_in_sex_solicitation_with_boy
Monday, February 16, 2009
AP Reports Insufficient Evidence to Prosecute Phelps on Pot Charge
Insufficient Evidence to Charge Phelps
COLUMBIA, S.C. (AP) — A South Carolina sheriff said Monday he was not going to charge swimmer Michael Phelps after a photo of the 14-time gold medalist showed him smoking from a marijuana pipe.
Richland County Sheriff Leon Lott said during a news conference that he didn't have enough physical evidence to charge the swimmer, but he defended his investigation.
"Michael Phelps is truly an American hero ... but even with his star status, he is still obligated to obey the laws of our state," Lott said.
Phelps released a statement after the sheriff's decision.
"I'm glad this matter is put to rest. But there are also some important lessons that I've learned," Phelps said in the statement. "For me, it's all about recognizing that I used bad judgment and it's a mistake I won't make again. For young people especially — be careful about the decisions you make. One bad decision can really hurt you and the people you care about. I really appreciate the support my family and fans have shown me and now. I will move forward and dive back into the pool, having put this whole thing behind me."
The photo showed Phelps smoking from a marijuana pipe at a party in November when he visited the University of South Carolina. Lott said he seized the marijuana pipe, known as a bong, that was in the photo but couldn't prove Phelps had smoked from it.
"We had a photo and him saying he was sorry for inappropriate behavior. He never said, 'I smoked marijuana.' We didn't have physical evidence," Lott said.
USA Swimming suspended Phelps for three months in the wake of the photo, and Kellogg Co. said it would not renew its endorsement deal with him.
The photo surfaced in a British newspaper, News of the World, on Feb. 1. The swimmer, who won a record eight gold medals at the Beijing Games, did not dispute its authenticity.
News of the World said the picture was taken during a party while Phelps was visiting the university. During that trip, he attended one of the school's football games and received a big ovation when introduced to the crowd.
The sheriff's office said eight people were arrested during the investigation. Seven have been charged with simple possession of marijuana, which carries a maximum penalty of 30 days in jail or a $575 fine. Another person was arrested for driving under suspension.
The sheriff's office wouldn't identify those charged but an attorney for three of them said the cases should be handled just like any other marijuana possession charge. Attorney Dick Harpootlian said he expects his clients to either have the charge dismissed or for them to get a conditional discharge, which allows an offender to avoid punishment as long as they comply with certain conditions for six months and stay out of trouble.
The party occurred nearly three months after the Olympics while Phelps was taking a break from training, and his actions should have no impact on the eight golds he won at Beijing. He has never tested positive for banned substances.
This isn't the first embarrassing episode for Phelps after an Olympic triumph. In 2004, a few months removed from winning six gold and two bronze medals in Athens, the swimmer was arrested on a drunken driving charge at age 19. He pleaded guilty and apologized for the mistake.
State v. Jones: First DCA weighs in on grand theft and general contractors in Florida
The First District Court of Appeal on February 12, 2009 issued a very interesting opinion in State v. Jones, First District Case No. 1D07-0972.
In the Jones case, the appellant appealed a judgment and sentence after a jury convicted her of grand theft of between $10,000 and $20,000 and contracting without a general contractor’s license during a state of emergency. The conviction for contracting without a general contractor’s license during a state of emergency was affirmed.
The interesting portion of this decision from a criminal defense and professional licensure perspective was detailed in the First District’s analysis of why it overturned the appellant’s conviction for grand theft. The First District stated that the record demonstrated that the State’s grand theft case appeared to be based upon the claim that the appellant committed fraud when she entered into the general contractor’s agreement because she “tricked” the victim by “false pretenses” therefore “she got every penny in this case by false pretenses and that’s what the State submits to you she is guilty of a $10,000 to $20,000 range.”
The court went on to state that “in between this quantum leap from the assertion to conclusion", the record indicates that the State simply failed to prove beyond a reasonable doubt that the appellant did commit grand theft and misappropriate any particular amount of funds.”
The court indicated that although the State put into evidence the amount of insurance checks that had been distributed that the Court, upon its review of the record, found that the State failed to demonstrate where the funds went to pay fees and costs for items such as equipment and labor, or the appellant has somehow illegally pocketed any remaining funds.
Moreover, the State admitted that the appellant had completed reconstruction of the victim’s roof for which she received an agreed upon $6,000 fee. As a result, there was simply nothing in the record that indicated to the jury that there were any specific funds that the appellant had allegedly stole.
The First District found that the State’s conclusion, was misplaced, that the appellant committed grand theft because she committed fraud when she entered into the general contractor’s agreement and because the job was never completed was in itself enough to establish grand theft.
It is also important to note that the prosecutor argued in the case that the appellant may have had good intentions when she entered into the contract, but that she was basically incompetent in her work. The First District went out of its way to state that mere incompetence does not support a contention that the appellant possessed the intent to deprive the victim of insurance proceeds thus establishing a case of grand theft. As a result, the First District has provided a road map of the specific types of evidence necessary to sustain a conviction for grand theft against an unlicensed or licensed general contractor.
The author, Brett Hastings, practices in both the areas of criminal defense and professional licensure defense. Brett Hastings routinely represents general contractors who have been charged with crimes or administrative violations by the State of Florida. Brett Hastings has handled successfully a number of misapplication of construction funds cases prosecuted against contractors in the Duval and Nassau county areas.
The First DCA Decision can be found here:
http://opinions.1dca.org/written/opinions2009/02-12-2009/07-0972.pdf
Defense Team Seeks Continuance in Manuel Trial
One of the most interesting local cases involves the federal prosecution of Tom Manuel.
Attorneys for suspended St. Johns County Commissioner Tom Manuel have asked for a continuance in his bribery trial, citing numerous problems with material provided by the prosecution.
The motion, filed Monday by Jacksonville attorneys William J. Sheppard and D. Gray Thomas, asks that the April 6 opening be delayed, preferably until July.
Sheppard and Thomas noted in the motion that the prosecutor doesn't object to another continuance because she has another trial set to begin April 13.
Manuel, 63, was indicted Oct. 16 on two counts of bribery following an 18-month investigation by the FBI.
The federal indictment charges him with soliciting and accepting bribes of $10,000 in April and $50,000 in June.
See this recent article for more details : http://www.staugustine.com/stories/020309/news_020309_035.shtml
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