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Attorneys For Kimberle Weeks Will Seek to Dismiss All Felony Charges in Latest Maneuver

| August 19, 2016

weeks pre-trial

The latest pre-trial in the case against Kimberle Weeks, held this afternoon before Circuit Judge Margaret Hudson, was little more than a scheduling session for the next pre-trial, in November. (© FlaglerLive)

Like the context surrounding the ex-Flagler County Supervisor of Elections herself since she resigned from office almost two years ago–she’s largely stayed out of public view and controversies have stopped shadowing her–the case of Florida v. Kimberle Weeks is losing its edge as spectacle. It’s being replaced by the slow grind of legal maneuvering, of motions made, dismissed or upheld here and there, with three of the 12 felony counts against Weeks dismissed so far, and the scheduling of a further hearing to hear further motions potentially dismissing further counts.

Today, the third lawyer to represent Weeks in the case, Dean Bartzokis, told Circuit Judge Margaret Hudson in a 10-minute hearing that he needed more time to prepare a motion that will seek potentially to dismiss the entire case. The motion may be filed next week. Hudson wanted to know whether it would apply to all nine remaining counts against Weeks.

“It may be all of the other counts,” Bartzokis said. “That’s still something we’re trying to figure out based on the case law and the legal memorandums.”

It’s not clear why the motion to dismiss wasn’t submitted earlier, or concurrently with previous motions to dismiss certain counts, though maneuvering of the sort is not unusual in civil cases.

Weeks was indicted on 12 third-degree felonies, alleging that she illegally recorded and disseminated several conversations with individuals who were not aware she was recording them. Most were public officials. The judge dismissed three of the counts  after the defense successfully argued that the recording Weeks revealed at a public meeting could not then be the source of three counts against her just because she emailed the same recording to three different people, two of them members of local media.

At the time Weeks was defended by Joerg Jaeger. He died in June. Bartzokis is a member of the same law firm and had worked on the case with Jaeger. Weeks herself was not in court today, nor were her usual acolytes—Dennis McDonald and John Ruffalo, members of the now-defunct Ronald Reagan Republican Assemblies of Flagler County.  County Attorney Al Hadeed, Weeks’s bête noire during her six-year tenure as supervisor, was in court with two assistants: he and County Commissioner Charlie Ericksen were among those Weeks recorded.

So for now the case will drag on at least to November 18 at 2:30 p.m., the next pre-trial date at which Hudson will hear the motion to dismiss. She could take the arguments under advisement then and render a decision weeks or months later. She could render a decision that day. If she finds against the defense, or dismisses some counts and not others, as she did earlier this year, then, she said, she expects the lawyers on both sides to be ready for trial in the middle of 2017.

Even by the November pre-trial, just before Thanksgiving but almost two weeks after Election Day, it’s possible that all four of the five commissioners Weeks tangled with as supervisor—Barbara Revels, George Hanns, Ericksen and Frank Meeker—will have been replaced: Meeker died last month, and the other three all face difficult re-election campaigns in a year of uncertainties for incumbents. But political turnover does not affect the progression of a case.

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11 Responses for “Attorneys For Kimberle Weeks Will Seek to Dismiss All Felony Charges in Latest Maneuver”

  1. Rita May says:

    ‘the now-defunct Ronald Reagan Republican Assemblies of Flagler County’. When did that happen? I was not aware of this. Hope it’s true. These nasty people need to go.

  2. Anonymous says:

    All charges should be dismissed. The “old boy network” needs to go.

  3. Joe A says:

    Wow, just a thought, since Weeks recommended Leinhart, and if she gets the charges dismissed, will she be eligible to be re-hired by Leinhart in the elections office? This is the exact reason why we need a fresh new face as our SOE.

  4. Dazed and Confused. says:

    Kimberly Weeks and Hillary Clinton for prison.

  5. tulip says:

    To JOE A I did not vote for leinhart because I knew that Weeks would still be an influence, also knew a lot of things Weeks was doing that wasn’t right and now you’ve added another reason for not voting for Leinhart.

  6. Jim M says:

    It is time for Weeks to face up to her bad behavior in an elected position. Mrs Leinhart has displayed her ability to run the Elections office and is the most qualified candidate for the SOE job. I think they both realize that Weeks has no reason to ever work in the Elections office again.

  7. palmcoaster says:

    Good old boy network wasting big time our tax funds Slapp suing Weeks and others.
    Shameful my taxes paying for Hadeed and assistant and Lewis and assistant in court against Weeks.
    No wonder county taxes keep raising. Can’t wait for new faces to be elected in BOCC to stop this waste and frivolous political witch hunting and illegal SLAPP lawsuits.

  8. Anonymous says:

    Sounds like a desperate candidate running against Lenhart making that post. Lenhart gained all her experience under Weeks and seems to be doing fine the past couple of years. If it’s not broke, no need to fix it. Weeks ran good elections and the success of good leadership continues to shine. I’ll be voting for Lenhart, and hope Weeks will return someday.

  9. Robert Lewis says:

    Joe A that’s a far stretch. Not sure if you’re doing the bidding work for soon to be 2 time 3rd place loser Kimble Medley or keeping it in the family for Abra Seay.

  10. Joe A says:

    Yeah, right, I am not shy so i’ll tell you all this. In the Sheriffs race I did not vote for any candidate affiliated with the last 2 regimes, time for a new face in the Sheriffs office and maybe those brave deputy’s can focus on their jobs instead of all the drama. For Mayor of PC i went with Holland, I feel she has energy and new ideas and think she will put a lot of effort and attention into bringing in much needed employment opportunities and I believe she has some great new ideas as well. School Board I went with Conklin solely because of her past record on the board and I believe she is doing a great job. For SOE I did not vote again for anyone affiliated with the last regime, I think that office also needs a fresh start away from any connections from the dramatics and problems with integrity and trust that was created by the last SOE. So Robert Lewis, just to let you know, that is my reasoning, i’m not related to Medley or Seay, and if Medley didn’t have a past with the last regime, maybe I would have considered her over Leinhart as well!

  11. Flagler County BS says:

    All the county Commissioners need to be replaced along with Coffey and Matt Dunn,
    Dunn is another Weeks and sooner or later will get caught too.

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