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An Activist With a Problematic Past Says Brendan Depa’s Appeal of Prison Sentence Is Going Forward

August 22, 2024 | FlaglerLive | 11 Comments

Mark Hadden speaking with reporters at the county courthouse today. (© FlaglerLive)
Mark Hadden speaking with reporters at the county courthouse today. (© FlaglerLive)

On the day Brendan Depa turned 19, and a day after he was transferred to a state prison in the Panhandle to serve his five-year sentence in the beating of his paraprofessional at Matanzas High School in 2023, an activist with a problematic past and an advocate for Depa said he has retained an attorney to handle Depa’s appeal, with every intention to “bring him home.”




Mark Hadden, a 56-year-old Vero Beach resident, describes himself as a former professional basketball player in overseas leagues, an NBA recruiter and the founder in 1993 of an organization called the American Coalition for the Advancement of All People. He alerted local reporters by email to a press conference he held at the county courthouse to announce the “great news” that Depa’s appeal was going forward. Hadden said he had personally retained Fort Lauderdale Attorney Robert David Malove, a criminal trial attorney.

Malove himself could not be reached, but Peter Armstrong of that law firm confirmed in an email that the law firm was retained by Hadden to represent Depa. Malove and Hani Demetrious declared themselves Depa’s attorneys of record in a notice of appearance to the court on Aug. 13.

Hadden is a registered sex offender who in 1997 was charged with sexual battery and lewd and lascivious battery involving an underage girl. He pleaded to an attempted lewd and lascivious act on a child younger than 16, was sentenced to six months in jail, five years’ probation, and was designated a sexual offender. Adjudication was withheld. After his probation terminated, he was sentenced to 28 months in prison for failing to register as a sex offender. His sex-offender conditions remain in effect. According to the Florida Department of Law Enforcement (FDLE)’s registry, he was found twice guilty of failing to comply with registration requirements, in 2007 and 2019.

Hadden has disputed the arrest from its origins. “I’m a Black man and that was a white woman,” he said. “I’m use to stuff I’ve had to deal with, with that Black thing.” He disputed the designation as a sex offender, but a court reaffirmed it in 2017, denying a motion to vacate the designation.

Hadden confirmed that he was the Hadden in the sex-offender registry in a phone call only after the press conference when a reporter reached him to verify his identity. He did not refer to the arrest and subsequent disposition of his case during the press conference, or to have been in the system in any way, though he made allusions to a difficult past. He said Malove had represented Him previously.




He spoke to three reporters. The Division of Corporations includes a record of his organization, but the organization was established in 2020, not 1993. He is listed as the president. When asked what had led him to establish his organization, he said “I found out that life ain’t fair.” Asked specifically if there had been a trigger to founding the organization, he could not cite a specific example, but said he was fighting for people who’d been wronged in the justice system.

On the phone later, when asked about the sex offense, he said: “I’ve experienced what a black man has gone through unlawfully.” He said he talks “extensively” about the conviction in his book, All Hadden, a memoir self-published this year. He had brought a marketing poster of the book to the press conference and at one point held up the book as a television camera and his own social media live feed rolled. He wore a white t-shirt with a picture of the book’s cover on the front, and his website in large letters, making it seem as if he was using the press conference to market his book. (The book, which describes his conviction as the result of “entrapment,” includes a segment on Depa.)

Hadden said he had attended both phases of Depa’s sentencing. He spoke very critically of Circuit Judge Terence Perkins, who he claims had convicted Depa before the sentencing began, and sentenced him to as harsh a sentence–five years in prison, 15 years on probation–only because Depa is Black. “It really angers me. This guy was guilty from the word go. He should’ve been sentenced as a juvenile,” Hadden said. “The probation is nothing but a trap.”




Hadden said he was “flabbergasted” by the sentence, which he called “this travesty that this town has done to him.” He described himself as “a Joan Naydich fan,” a reference to the paraprofessional whom Depa assaulted, saying she should not have been in the situation she was in any more than Depa was, at Matanzas High School.

Hadden spoke at length about the litigated parts of the Depa case, but when it came to addressing next steps–the appeal–he said little other than referring to retaining Malove, and criticizing Kurt Teifke, the attorney Depa’s mother, Leann Depa, had retained to defend her son. He suggested that claiming ineffective counsel would be part of the appeal. (In his book, Hadden said one of his former attorneys “colluded with  law enforcement and state attorneys, advising me to plead guilty” to a misdemeanor failure to register his brother’s vehicle.)

Meanwhile, Hadden said, Depa “will get eaten up quickly” in prison.

Malove is currently handling the case of Aaron Wanless, an Air Force veteran suffering from PTSD originally sentenced in 2019 to 48 years in prison for firing a shot in the direction of an Okaloosa County sheriff’s deputy and wielding a knife. Evidentiary hearings are ongoing in that case.

Depa was Baker Acted immediately after his sentence, when he made intimations that he was going to harm himself. Hadden met with him while he was Baker Acted at an SMA facility in Daytona Beach, where Depa’s parents also spent time with him. He was transferred to an Orlando “reception” center in the Florida prison system on Aug. 14, and to the prison in Wakulla–Wakulla Correctional Institution–in the Big Bend area on Wednesday. His mother could not be reached today.

[Correction: an earlier version of this article incorrectly stated that Hadden’s prison sentence was for the original disposition of the case, rather than for failing to register as a sex offender several years later, though in the original disposition, he was sentenced to six months’ incarceration followed by probation.]

Click On:


  • Brendan Depa's Sentencing Set to Conclude 3 Months After It Started: 'I'm Going to Accept Whatever Happens'
  • Mother of Tristin Murphy, Who Killed Himself with Chainsaw in Prison, Pleads with Judge on Brendan Depa’s Behalf
  • Brendan Depa's Sentencing Will Not Resume Until Aug. 6, Giving Defense Time to Recover from Bad Day
  • At Brendan Depa Sentencing, Prisons’ Mental Health Chief Draws Bizarrely Rosy Picture of Services Awaiting Him
  • Joan Naydich, Brendan Depa’s Victim of Beating, Details How ‘Everything Was Taken Away’ from Her
  • Chief Engert: How Flagler County Jail Stepped Up to Ensure Brendan Depa’s Continuing Education
  • Lawsuit Blames Flagler Schools’ Failure to Address Brendan Depa’s Known Needs and Risks Before Attack on Aide
  • The Dis-Education of Brendan Depa
  • The Brendan Depa I Have Come To Know
  • Brendan Depa’s Mother Tells Her Son’s Story
  • Brendan Depa's Sentencing is Postponed as Lawyers Cite More Preparation Needed
  • Brendan Depa Tenders Open Plea in Beating of Matanzas High Staffer, Leaving Sentence Up to Judge
  • Brendan Depa Will Plead Out in Teacher-Assault Case, Leaving His Fate to a Judge
  • Brendan Depa, Now 18, Is Transferred to the Flagler County Jail to Await Trial
  • Shocking Disparities in Flagler’s Handling of 3 Different Assaults by Disabled Students Against School Staff
  • Despite Severe Autism, Judge Finds Depa, Ex-Matanzas High Student, Competent to Be Tried for Assault on Aide
  • Court Roundup: Plea Possible in Ex-Matanzas Student Case; Murder Trials Pushed Back
  • Matanzas Aide Attacked by 17 Year Old Had Reported His Threats As Far Back as August
  • Judge Orders Mental Evaluation for Matanzas Student Who Assaulted Aide
  • Matanzas Assault Case: A Miscarriage of Justice Hardens Before Our Eyes
  • Matanzas Student Who Attacked Aide Was Arrested 3 Times for Battery Before; Other Cases Examined
  • Matanzas Student Charged as Adult with 1st-Degree Felony in Assault on Teacher Aide
  • Matanzas High School Special Education Student Arrested in Attack of Teacher Aide
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Reader Interactions

Comments

  1. The dude says

    August 22, 2024 at 7:02 pm

    A total travesty.
    Flagler County jail has a revolving door for white Florida men guilty of way way worse things.

  2. JimboXYZ says

    August 22, 2024 at 7:58 pm

    “He spoke very critically of Circuit Judge Terence Perkins, who he claims had convicted Depa before the sentencing began…”

    This was a slam dunk for case though, video evidence showing the attack is not convicting anyone because they are black. The fine line to walk with this one, was having compassion for another in Depa’s mental capacity. That was a brutal assault & battery, it also continued long after the victim was unable to defend themself or get away. It took 4 others to pull Depa off the victim. The victim couldn’t tap out.

    Appeal away, pity or mercy is probably the only appeal that may reduce this sentencing appreciably. There are measures where his prison reduction points system for good behavior might impact the duration. They aren’t getting him out by Christmas or in time to vote for Kamala Harris though. Maybe Biden pardons him ?

  3. AJ says

    August 22, 2024 at 11:46 pm

    “I’m a Black man and that was a white woman”

    … all I needed to read. He refers to his underage victim who was under age 16 as a woman. Disgusting.

    Is the family working with him and why is he so invested if not? I see they share the same lawyer but their relationship is unclear unless I misread. Not exactly a good look to be associated with this kind of individual.

  4. rapscallion says

    August 23, 2024 at 5:58 am

    after reading the details of his press conference, i have come to the conclusion that Depa is being used to market this man’s book and business

  5. The Sour Kraut says

    August 23, 2024 at 6:03 am

    Just when we thought we’d seen the last Depa story…

  6. MeToo says

    August 23, 2024 at 11:23 am

    Lord help this child. This school system should never have had someone that was not familiar with his case and his needs working with him. If they had done their due diligence, this may not have happened.

  7. Jason says

    August 24, 2024 at 1:49 am

    POTUS cannot pardon or commute a state level conviction, only state governors have that power and it varies state by state on how it even gets to the governor (they cannot just pardon/commute anyone as some states require a separate group such as a pardon board to recommend it vs the governor having total authority).

    https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1/ALDE_00013316/

    The rules for Florida https://www.fcor.state.fl.us/docs/clemency/clemency_rules.pdf

  8. Jason says

    August 24, 2024 at 2:03 am

    That might be the case, but Mr Depa is getting legal representation out of this arrangement. Maybe they have plans to write a book about Mr Depa?

    Mr Hadden paid his debt to society, but I’m sure his victim will never be whole. As long as Mr Depa is getting effective legal representation then I personally don’t find it very relevant or interesting to know whom is paying for it. I and millions others have donated to peoples legal defense funds online and I’m sure some of the people donating are convicted criminals, but that doesn’t mean the person getting the benefit of the representation is somehow less deserving of it— does it?

  9. Jason says

    August 24, 2024 at 2:09 am

    There’s probably some blame on the school for the staffing choices but paraprofessionals don’t get paid enough to deal with people like Mr Depa. He probably should not have been in the school system at all.

    But Mr Depa also got into some fights at the Flagler jail as well. I’m not sure he isn’t going to have more incidents no matter where he goes. Hopefully he can get help controlling his anger issues.

  10. rapscallion says

    August 24, 2024 at 2:20 pm

    nowhere did i mention depa didn’t deserve this representation.

  11. Cmon man says

    August 27, 2024 at 6:39 am

    Perkins does not see color he sees evidence and hears testimony and any case law during the case.
    Funny how a sex offender who likes to screw young kids now wants to play a race card.
    Goos luck on the appeal Chomo.

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