With Gov. Scott opposed to moire funding, the 27-member Florida’s Commission on Access to Civil Justice will have to figure out how to provide additional funding for civil legal aid without simply asking for money from state legislators.
Circuit & County Court
Judge Will Decide How Much of $18,000 McDonald and Attorney Owe Palm Coast in Frivolous Case
Palm Coast brought sanctions against Dennis McDonald and his attorney for filing a frivolous lawsuit in 2013, alleging, falsely, that the city was about to cut down trees around Palm Harbor shopping center.
Four Gay Couples Get Marriage Licenses at Flagler Courthouse in Quietly Momentous End to Long-Standing Prejudice
It was a quiet but significantly historic day at the Flagler County Courthouse as Florida’s ban on marriage equality ended across the state Tuesday and couples celebrated the issuance of same-sex marriage licenses ahead of marriage ceremonies after the three-day waiting period.
Federal Judge Orders Florida Clerks to Issue Gay-Marriage Licenses Across Florida Starting Tuesday
U.S. District Judge Robert Hinkle warned that clerks of court who refuse to comply with the ruling expose themselves to be a party to the suit, allowing successful plaintiffs to recover costs and attorneys’ fees.
4 Years In, Judge Dennis Craig Is Reassigned To Volusia and Replaced By Michael Orfinger
Craig has been reassigned to the civil division in Daytona Beach. He will be replaced in Flagler by Michael Orfinger, who was elected to the bench after running unopposed last summer.
Flagler Opens 1st Secure Site For Supervised Children’s Visits in Sally’s Safe Haven
It took three years and $400,000 from a federal grant, but on Monday county officials dedicated the safe haven in the old Bunnell Post office location, ensuring that parents don’t have to travel to Volusia or St. Johns to execute court-ordered, supervised children’s visitations.
In Reversal, Accused European Village Attacker Daniel Noble Found Competent to Stand Trial
Daniel Noble appeared ready to shoot his Uzi-style assault weapon at a crowd at European Village in March before he was wrestled to the ground. After being deemed incompetent to stand trial three months ago, a judge ruled today that trial can proceed.
Eric Niemi Is Sentenced to Life in Prison, No Parole, for R-Section Murder of Leonard Lynn
Niemi killed Leonard Lynn, his 72-year-old landlord, in a savage beating last year. The sentencing hearing reflected Niemi’s own demeanor: stark, almost shorn of emotions, dispirited, more matter-of-fact than anguished.
Guilty of 2nd-Degree Murder in Killing of 72-Year-Old Landlord, Erick Niemi Faces Up to Life in Prison
Erick Niemi, 43, of Palm Coast, killed Leonard Lynn, his 72-year-old landlord in the R-Section, by savagely beating and strangling him in May 2013, because Niemi felt he was being mistreated.
Joseph Bova, Found Incompetent to Stand Trial for Mobil Murder, Is Committed to State Hospital
Joseph Bova, the inscrutable and unnerving suspect accused of murdering Zuheily Roman Rosado in an execution-style shooting at the Mobil Mart in February 2013, will be committed to a state hospital.
U.S. Supreme Court Takes Up Florida Lawyer’s Appeal of Ban on Judicial Candidates’ Campaign Solicitations
Lanell Williams-Yulee was disciplined by the Florida Bar for violating a rule barring judicial candidates from soliciting money when running for judgeships. The U.S. Supreme Court may reverse that rule, affecting 30 states where similar bans are in place.
Michael Dunn Is Guilty of First-Degree Murder in Shooting of Jordan Davis as Jury Rejects Self-Defense Claim
Michael Dunn murdered 17-year-old Jordan Davis at a gas station in Jacksonville the day after Thanksgiving 2012, in a case that again put the focus on Florida’s Stand Your Ground law and racial implications.
“Sexsomnia” Case: Man Convicted of Molesting 7-Year-Old Girl Is Sentenced to 30 Years
Caleb Ruh, a 29-year-old Flagler County man accused two years ago of molesting a 7-year-old girl in his care, claimed he was asleep at the time. He faces life in prison when sentenmced on Sept. 29.
“You Are the Shining Stars,” Flagler’s Drug Court Graduates Are Told at Inspirational Ceremony
Five graduates joined today the 101 who have graduated from Flagler County Drug Court at a ceremony before Judge J. David Walsh, where emotions, celebrations and relief gripped much of the full house.
Shaun Whitt of Palm Coast Is Sentenced to Life in Prison For Serial Rapes of 11-Year-Old Girl
Shaun Whitt, formerly of Palm Coast’s F-Section, would assault the girl in her bedroom for more than two years after she turned 11, after her mother would go to work. He denied the allegations.
Judge Raul Zambrano Sentences Kentrell Johnson to Death For FSU Student Vincent Binder’s Murder
Vincent Binder’s mutilated body was found in a St. Augustine field in April 2010, weeks after he was murdered by three convicts escaped from a Louisiana prison. Two were sentenced to death, one to life in prison.
Reagan Assemblies’ “Watchdogs” Can’t Take Defeat: As One Suit Is Tossed, a Pledge to File Another
Just after a judge threw out a lawsuit this afternoon, the attorney for an obscure “Watchdogs” group said he’d file a new lawsuit alleging illegal conversations outside of meetings by county commissioners.
Appeals Court Orders City Government to Release “Shade” Meeting Transcript
In a highly critical opinion, an appeals court Wednesday ordered the city of St. Pete Beach to release a transcript of a closed-door discussion about the settlement of a lawsuit.
Skeptical Judge Grants Delay in “Watchdog” Suit Against County Over Old Hospital Buy
A suit by a group that calls itself the Flagler Palm Coast Watchdogs, raising a conflict of interest issue with a county commissioner during the Memorial Hospital buy last year, does not belong in circuit court, the county argues.
Trial Judge Denies “Stand Your Ground” Immunity Hearing For Marissa Alexander
The trial judge overseeing the case of Marissa Alexander, who faces 60 years in prison for firing a shot in a domestic dispute, has ruled that she is not entitled to a second immunity hearing under Florida’s controversial “stand your ground” self-defense law.
Find a Lawyer: Flagler Duo Launches Unique Web Venture Rating Attorneys’ Success Rate
CourtCaseResults.com, the brainchild of Trevor Tucker and Darren McGuire, is a freely accessible website that gives consumers full histories of lawyers’ success and failure rates in Flagler cases. Launched Monday, the site is gradually moving to include cases statewide.
Lawsuit and Ethics Charge Cite Flagler Commissioner Revels Ties to Business Associate in County’s Old Hospital Buy
A group calling itself the Flagler Palm Coast Watchdogs filed a lawsuit against Flagler County, seeking to stop construction on the old Memorial Hospital property slated to be the sheriff’s headquarters, and alleging that Commissioner Barbara Revels did not disclose owning shares in the bank run by one of the men who sold the hospital to the county for $1.23 million last August.
At Flagler Drug Court Graduation, Gratefulness Humbled By Clean Living’s Demands
Graduating in a ceremony at the Flagler County Courthouse Friday, drug court participants–most had suffered of prescription-drug abuse–spoke of lives changed by the demanding program, which keeps two-thirds of participants from re-offending.
This Time Palm Coast Shows Up in Court, But Source of Red-Light Camera Hitch Unresolved
Hundreds of red-light camera tickets issued by ATS, the private company running Palm Coast’s red-light camera system, end up undelivered, triggering court-issued citations and, often, suspended licenses, even though it’s neither the driver’s nor the city of Palm Coast’s fault–but rather ATS’s inability or unwillingness to better follow through on undelivered mail.
For 2nd Time in 6 Weeks, a Flagler Judge Declares Palm Coast’s Red-Light Camera System “Improper” and Issues Stern Order
After a hearing on red-light camera citations where Palm Coast was, inappropriately, a no-show, Flagler County Judge Melissa Moore-Stens on Wednesday ordered the city to show why it was circumventing the court’s authority by telling drivers they could settle their camera citations by directly paying the city rather than follow legally required steps–and pay fines–through the court system.
Grand Jury Declines to Indict Ex-Flagler Beach Cop Bobby MacDonald Over Wife’s Gunshot Wound, But Case May Remain Open for Years
A Flagler County grand jury found no probable cause to go forward with an indictment against Robert “Bobby” MacDonald, who brought his wife Kathy bleeding from the head, from a gunshot wound, to an ambulance in July 2012 in western Flagler County.
Judge Refuses to Revoke $400,000 Bond on European Village’s Would-Be Shooter; Bova Behaves
Daniel Noble, accused of attempted murder in the March 15 European Village incident, was in court today, as were the men who disarmed him, as prosecutor tried unsuccessfully to revoke his bond. Joseph Bova, the accused murderer of Mobil Mart store clerk Zuheily Rosado, was also in court, subdued this time, and is scheduled for a pre-trial hearing in May.
Judge Craig Indicts Palm Coast’s “Bad Faith” Red-Light Cameras and Exposes City’s Legal Flaws as He Contests Violation
In a half-hour hearing before Palm Coast’s red-light violations officer, Flagler Circuit Judge Dennis Craig on Thursday ridiculed the city’s guilty-until-proven-innocent standard as well as the council’s claim that cameras are intended to improve safety. The city dismissed his citation not on the grounds he raised, but by inventing a case of “prudent” driving that the evidence did not show.
Anthony Fregenti, Palm Coast Ponzi Schemer, Is Sentenced to 5 Years in Prison
Anthony Fregenti, 42, was sentenced to five years in prison, followed by twenty years’ probation and ordered to pay restitution of $3 million dollars to his victims. The Palm Coast man must pay $100,000 a year once he is released from prison and on probation.
Judge J. Michael Traynor’s Alarming Equivalence Between an Attempted Murderer and His Victim
When Judge J. Michael Traynor sentenced Nathaniel Juratovac to four years in prison for the attempted murder of Flagler County firefighter Jared Parkey last week, the judge managed to blame both men for the violent incident that led them to the courtroom, a stunning and immoral leveling of blame in a state that too easily excuses gun violence.
Ex-Flagler Beach Cop Juratovac Sentenced to 4 Years in Prison in Attempted Murder of Flagler Firefighter
Nathaniel Juratovac, the 41-year-old ex-Flagler Beach cop who twice shot an unarmed Flagler County firefighter in what was then termed a road-rage incident by the side of U.S. 1 was sentenced this afternoon to 51 months in prison in a plea agreement. Had he been convicted at trial, he could have faced up to 25 years in prison on the attempted murder charge.
Six Gay Couples and Equality Florida File Lawsuit in State Court Seeking Freedom to Marry
The lawsuit argues that Florida’s laws barring same-sex couples from marriage violate the United States Constitution by denying them the legal protections and equal dignity that having the freedom to marry provides.
Your Backpack Please: Florida Appeal Court Rules Legal Search Based on Anonymous Tip
A high school student who took a loaded gun to school argued that the search of his back-pack, based on an anonymous tip, was illegal. A 2-1 ruling of the Third District Court of Appeal disagreed.
Florida Sentencing Guidelines
Overview of Florida’s sentencing policies, guidelines, first, second and third degree felonies, life sentences.
Court Appearance Adds to Puzzles Behind Mobil Mart Murder Suspect as Victim’s Mother Looks On
A Tuesday court appearance by Joseph Bova II, accused of murdering Roman Rosado in an execution-style killing at the Mobil Mart on SR 100 in February, added to questions surrounding his case, including about his competence and a mysterious incident involving him that took place at the jail on Thanksgiving Day.
Hubert L. Grimes, First Black Judge in 7th Circuit, Will Retire After 25 Years on the Bench
Volusia County Circuit Judge Hubert L. Grimes, the first black judge to serve on County Court, will retire from the Seventh Judicial Circuit, effective Jan. 30, 2014, after 25 years on the bench. The Seventh Circuit includes Volusia, Flagler, St. Johns and Putnam counties.
23-Year-Old Charged With DUI Manslaughter Over Deaths of Lane Burnsed and Meredith Smith
Louis Prinzo, a 23-year-old resident of Ormond Beach, was arrested on eight charges, including four felonies, in the deaths of Lane Burnsed, 19 at the time of the July 26 wreck on I-95, and Meredith Smith, 17 at the time. Burnsed’s family issued a statement remarkable for its forbearance regarding Prinzo’s arrest.
Flagler’s Public Safety Council Endorses Court-Ordering Ex-Felons to Evangelical Recovery House
The council—a collection of local police, court and other government agencies—provided the endorsement sight unseen and legalities untested, and based exclusively on a brief presentation by Charles Silano, the local pastor. Open Door Re-Entry and Recovery Ministry will be run out of a former church on Booe Street in Bunnell.
Appeal Court Orders New Trial for Marissa Alexander, But No Redo on Stand Your Ground
Marissa Alexander, a 32-year-old mother of three, was convicted on improper self-defense instructions to the jury, the court ruled. Alexander was serving a 20-year sentence for shooting a gun during an argument with her abusive husband, against whom she had a restraining order.
As a Cat Lay Dying, He Drove Drunk to a Vet, But Court Finds Him Guilty of DUI Anyway
The cat Christopher Brooks was taking to a vet died at roadside as he was being given field sobriety tests, despite its owners’ please to the cop. But his DUI conviction was upheld by a Hillsborough County appeal court that declared that special circumstances don;t apply to cats as they would to human beings.
ACLU Sues Florida DMV for Suspending Licenses of Those Too Poor to Pay Court Costs
More than 200,000 Florida drivers have had their licenses suspended for failure to pay legal fees as of the start of 2013–fees that are unrelated to penalties associated with their sentence. The suspensions disproportionately affect poor people, who, without a car, have even fewer means to hold a job and make good on payments.
In a Surprising Shift, County Commission Finds Money for 2 Jail-Diversion Programs After All
Flagler County commissioners Thursday evening agreed to take on a $100,000 mental-health jail diversion program previously paid for by the state, and a $60,000 pre-trial release program they had opposed in earlier workshops. Both shifts took place during a hearing devoted to approving next year’s tax property rate.
Coitus Prophylacticus: Advocacy Lawsuit Wants Florida Porn Flicks To Wear a Condom
The AIDS Healthcare Foundation filed a complaint with the Florida Department of Health, targeting a South Florida-based company it charges with making an adult video without protecting the performers from sexually transmitted diseases via the use of condoms.
Flagler Beach’s Bobby Pace Pleads Not Guilty to Obstruction Charge
Bobby Pace, the 41-year-old Flagler Beach acting fire chief until late July, has pleaded not guilty to an obstruction charge the State Attorney filed against him on July 25 and waived an appearance before County Court Judge Melissa Moore-Stens at an arraignment on Tuesday.
Lonnie Redner’s Life Sentence for Double Murder Ends an Almost 4-Year-Old Case
Lonnie Redner of Palm Coast went to Ormond-by-the-Sea in November 2009 to rob two men of prescription pills. He murdered them instead and stole 50 pills and $20 in cash. In a case that ended last week, he was sentenced to life in prison with no possibility of parole.
Nickel and Diming County Foregoes Program That Would Have Reduced Jail Population
The Flagler County judge and sheriff had supported a proposed pre-trial release program that would have kept low-grade, non-violent offenders out of jail, saving them money in the short term and the county money in the long term, but the county commission eliminated the proposal as part of a $400,000 cut from next year’s budget proposal.
Two Ex-Firefighters Sue Flagler Beach, Charging Their Firing Was Retaliatory
Shane Wood and Jacob Bissonnette say their firing by City Manager Bruce Campbell last February, over an allegation they stored home-made alcohol at the fire station, was retaliation for their role in an investigation that led to a charge of obstruction of justice against Bobby Pace, another firefighter who was briefly acting chief.
James McDevitt Pleads Not Guilty in Flagler Beach Rape Allegation and Gets Public Defender
James McDevitt, the 21-year-old Palm Coast resident accused of raping a 38-year-old woman in an empty lot on South 12th Street in Flagler Beach on June 18, pleaded not guilty to the first-degree felony charge in a brief appearance before Flagler County Circuit Court Judge J. David Walsh. He was assigned assistant public defender Bill Partington.
Middle School Boy Invokes Stand Your Ground in School Bus Fight With Girl, and Court Agrees
Showing the breadth of Florida’s “stand your ground” law, an appeals court Wednesday said the controversial legal defense can be used by a boy involved in a fight with a girl on a school bus. No weapons were involved. The boy making the stand your ground claim was arrested on a battery charge.
Anxieties Over Profiling and Vigilantism as Bunnell Marchers Protest Zimmerman Verdict
Fewer than two dozen people gathered on South Bacher Street in Bunnell Sunday afternoon for a protest march following the not-guilty verdict in the George Zimmerman trial. The group turned its gathering march into an impromptu town hall on the trial, its meaning and its implications for blacks, whites and gun laws.