There is a lack of funding for public defense in every state, and people charged with low-level misdemeanors, often poor minorities, suffer the most as public defender offices focus their few resources on felony cases.
Circuit & County Court
Anna Pehota’s Defense Takes Fresh Turn Down Memory Lapse in Husband’s Killing
An unexpected statement by Pehota, 76, who faces a 2nd degree murder charge, that she doesn’t remember her interrogation opened the way for a defense on psychological grounds, and a request for a delay in her trial, initially scheduled for next week.
Palm Coast Man Who Shot Wife With AK-47 Continues to Fight His 25-Year Sentence
William Carson Merrill shot and killed his wife as he played with the assault rifle in their home four years ago. He is battling in court for a new trial, arguing that he tendered an involuntary plea to the manslaughter charge.
Criminal Immunity: Prosecutors Are Rarely Punished for Mistakes and Misconduct
The Innocence Project alleges that prosecutors across the country are almost never punished when they withhold evidence or commit other forms of misconduct that land innocent people in prison.
Retreating from Confession in Husband’s Killing, Anna Pehota Vies for Trial: “I’d Rather Take My Chances”
Anna Pehota, 76, had previously confessed to killing her husband in the Hammock last fall, but has since withdrawn her confession and seeks a defense on a second-degree murder charge.
Palm Coast Man Who Avoided Prison in Child Porn Case Is Sentenced to 1 Year Over Gun
Paul Stout, formerly of Palm Coast, had avoided prison when he was placed on 10 years’ probation for possession of child porn last year, but his possession of a .380-caliber gun as a felon sent him to prison.
Palm Coast’s Karl Westgate, 19, Dies in Prison 7 Weeks After Sentence for Child Rape
Karl Westgate, sentenced last summer to 25 years for raping an 11-year-old girl, died in prison 48 days after his incarceration, and five weeks after writing a Flagler County judge to say that his plea had been coerced, and that he wanted his case re-opened.
Court Upholds Prohibition on Married Couple Claiming 2 Separate Homestead Exemptions
Whether in state or out of state, the Florida appeals court found that the plain language of the law meant that only one homestead exemption was allowed, regardless of location.
Waldemar Rivera Found Guilty of Raping His Step-Daughter
The case against Waldemar Rivera went to the jury this morning after two hours of closing arguments that painted two radically different portraits of the same 13-year-old girl who claimed she’d been raped by Rivera, her step-father.
Startling Advice From Judge to Defendant in Rape Case: “I’m Telling You Now, It’s Not Going Well”
After the alleged victim testified, several times in tears, Judge Matthew Foxman suggested to Waldemar Rivera, who is accused of raping his 13-year-old step-daughter, to talk to his attorney, intimating a plea or a change in strategy, as Rivera’s first day of trial went mostly and seriously against him.
In Step-Father’s Rape Trial, Defense Hinges on Doubts Over Credibility of 13-Year-Old Girl
Waldemar Rivera, on trial over accusations that he raped his 13-year-old step-daughter, is hinging his defense over sowing doubts about the accounts of his step-daughter, who was 13 at the time of the alleged attack.
In a Child-Rape Case, Fair Questions Are Weighed Against Inadmissible Evidence
Waldemar Rivera is accused of raping his 13-year-old step-daughter. A hearing today tested the boundaries between justified questions and blaming the victim as a judge ruled on witness statements and what sexual histories may be admitted when the trial resumes next week.
For 1st Time in 9 Years, Bonding Out of Jail in Flagler Made More Expensive for Most Suspects
The new bond schedule in some cases doubles bonds or eliminates them for many offenses, but the schedule applies for only a brief period between arrest and first appearance before a judge, when any amount bond (or no bond) can be set.
As Judge Calls Pot Laws “Harsh,” Sheriff and Public Defender Will Propose De-Criminalization Ordinance
Flagler Sheriff Jim Manfre and Public Defender Jim Purdy will craft a proposal to de-criminalize pot and move to a civil citation program. The proposal will first be vetted by the Public Safety Coordinating Council before heading for the county commission.
At Flagler’s Progressive Public Safety Council, a Farewell to Judge Walsh, and a Welcome to Foxman
The largely unheralded but powerfully representative Public Safety Coordinating Council was the scene of a passing of gavels of sorts Wednesday for Flagler County’s judiciary.
In “Fair Sentencing” Push, an Attempt to Reconsider Florida’s Get-Tough-On-Crime Laws
Fair Sentencing seeks to change laws of the 1990s, such as 10-20-Life, mandatory minimum sentences for drug offenses and habitual-offender laws, as other states have done.
Justin Boyles Gets Life in Prison for Murder of Ed Mullener, Ending Hammock Love-Triangle Case of Torture and Killing
Former Hammock resident Justin Boyles, who with accomplice Charles “Danny” Massey, tortured, murdered and burned Edward Scott Mullener in June 2013, was sentenced today (Jan. 29) to two life terms in prison without possibility of parole.
Case Against Man Accused of Animal Cruelty and Battery Starts Anew as He Reverses Plea
Shawn Higgins previously had agreed to plead no contest to charges of animal cruelty and domestic violence after allegedly forcefully throwing a dog on the floor and strangling an ex-girlfriend. He now has withdrawn his plea even though he faces potentially stiffer punishment.
Man Sentenced to 6 Years for Palm Coast Home Invasion, Accomplice Pleads for Mercy
Daniel Hall was sentenced today to six years in prison and 10 years’ probation for the August 2014 assault and burglary at an older woman’s home as his accomplice, Carisa Hall, has been pleading with the court to lessen her sentence.
Stacy Culotta, Who’d Sought Suicide-by-Cop, Pleads to 36 Months’ Probation
Stacy Culotta is the 36-year-old Palm Coast P-Section woman who last September was at the center of an attempted suicide-by-cop. She’ll serve probation and forfeit all weapons but serve no jail time.
In Case Against Kimberle Weeks, Tactical Motions Lead to Likely Turning Point in March
Ex-Elections Supervisor Kim Weeks’s attorney wants three separate trials on 12 felony counts, and to suppress a search warrant–a motion which, if granted, would unravel the case against Weeks.
Court Uphold 45-Year Sentence for Inmate Convicted of Rape and Robbery When 15
Continuing to grapple with decades-long sentences for juveniles who commit serious crimes, a divided state appeals court refused Monday to order a new sentence for Thomas Kelsey, now 28, but asked the Supreme Court to take up the question.
Rebecca Lawless, 26, Faces DUI Manslaughter Charge in Death of Diane Upton on SR100 Last Year
Lawless, a Palm Coast resident, turned herself into the Flagler jail almost a year to the day when she ran a red light and slammed into Diane Upton’s car, killing Upton and injuring two family members.
Voodoo Man Found Not Guilty in Machete Attack But Still Faces Murder Conspiracy Charge
Jurors found Roodlyn Mompremier not guilty in an alleged attack on his girlfriend’s brother two years ago in Palm Coast, but the two-day trial didn’t end it for him: he still faces a charge of conspiring to commit second-degree murder.
Owners of Dog the County Declared Dangerous for Attacking Child Appeal to County Court
A rare and controversial case involving a dangerous-dog declaration after the dog bit an 8-year-old child enters a new phase, starting with a request from the dog owners that county court determine how the appeal is to proceed.
Repeat Child Molestor Sentenced to Life, Drunkard Faces 15 Years in Killing of Laura Hrobsky
Meshac Abentego, 43, was sentenced to life for molesting a 9-year-old girl, and Sandra Dee Heilman, 44, faces 15 years in the DUI killing of Laura Hrobsky, in November 2012 on Beville Road in Volusia County.
Palm Coast’s William Pedersen, 63, Pleads Child-Rape Charge Down to Molestation, Will Serve 2 Years in Prison
William Pedersen, a 63-year-old resident of 9 Wheaton Lane, had been accused of raping and molesting a close relative when she was between 5 and 12.
In Trial Day 2, Case Against Publix Falters Over Credibility and Tempers of 2 Main Witnesses
Robert Barry ‘s claim of wrongful termination against Publix frayed Wednesday as his temper and questionable veracity proved to be his biggest liabilities, with Publix’s witnesses yet to take the stand Thursday.
Michael King of the Mondex Sentenced to 10 Years in Prison For Soliciting 3 Under-Age Girls on Facebook
Michael King had created a fake Facebook account and solicited girls in the same neighborhood. He’d refused a plea deal that would have kept him in prison only three years.
Driver at Origin of 2 Wrecks That Killed 6 People is Fined $1,000 and Loses License
Roy White, 39, was found to have caused the wreck on I-95 in Palm Coast in June 2014 that killed two people, and that caused a back-up that led to a second wreck in which four people died.
Case Dismissed: No Penalty Against Brian Szmitko, Responsible for Death of Elisa Homen in Whiteview Wreck
Because of a technicality on the careless driving citation, Szmitko walked off free of any penalty or so much as points on his license for the crash, let alone a license suspension.
Not So Fast on Killing Teddy: Conservationists File Suit to Stop Bear Hunting in Florida
With permits for this fall’s hunt going on sale Monday, the Seminole County-based group Speak Up Wekiva filed a lawsuit in Leon County circuit court Friday challenging the constitutionality of the Florida Fish and Wildlife Conservation Commission-approved bear hunt.
Whistleblower Suit Against Sheriff Proceeds as Judge Rejects Latest Attempt to Dismiss It
Circuit Judge Michael Orfinger this morning ordered the whistleblower lawsuit to go forward, putting the case on track for trial next year, in the thick of Manfre’s re-election campaign.
Abandoned by Family, Giuseppe Verdone Is Sentenced to Life Without Parole in Carjacking of Chinese Restaurant Owner
Judge J. David Walsh imposed two life terms and two 30-year terms, all concurrently, after denying a motion for a new trial. Verdone, 24, declined to address the court.
A Heavily Medicated Bova, Accused Store Clerk Murderer, Declared Competent for Trial
Joseph Bova, under heavy anti-psychotic medication, will stand trial later this year, a judge ruled, despite arguments from his defense attorney that he can regress and have psychotic episodes triggered by the trial process.
Flagler’s Circuit Judge J. David Walsh, Master of Judicial Temperament, Retiring in February
Circuit Judge J. David Walsh, who addresses the state’s too-harsh sentencing guidelines in an interview, was appointed to the bench in 2001 by Gov. Jeb Bush, and has been in Flagler County since 2012.
Court Will Hear Argument That Guns Should Be Allowed at UF Dorms as They Are At Home
A circuit judge ruled against Florida Carry Inc.’s argument last year that people have a legal right to possess firearms at University of Florida housing just as they do in their homes.
Environmentalists Sue Florida Lawmakers Over Amendment 1, Claiming Misuse of Dollars
The suit seeks a court declaration that money from the state’s Land Acquisition Trust Fund, which will handle all the Amendment 1 funding, may not be substituted for general-revenue funds or used to pay for other services and programs.
Giuseppe Verdone Is Found Guilty on All Charges in Brutal Assault of Chinese Food Delivery Driver; He Faces Life in Prison
The jury took barely 50 minutes to reach a verdict of guilty on all five felony counts in the case of Giuseppe Verdone, the 24-year-old Palm Coast resident who two years ago was accused of assaulting and kidnapping the co-owner of a Chinese food restaurant in November 2013.
Flagler Court Clerk Throws a Switch, and Mass of Criminal and Civil Records Becomes Accessible Online
Flagler County court records, from arrest affidavits to civil, criminal, county and probate court are now all available online, 24 hours a day, in a vast improvement of public record access ordered by the Florida Supreme Court.
Trial Begins for Man Accused of Kidnapping and Brutalizing Chinese Food Delivery Driver
Palm Coast’s Giuseppe Verdone, 24, could face life in prison on charges stemming from the 2013 attack on King Palace co-owner Ming Gong. The trial is expected to last much of the week.
ACLU and Women’s Health Center Sue Florida Over 24-Hour Abortion Waiting Period
The lawsuit contends that for women — especially low-income women who must arrange for child care, time off work and overnight travel — the law can push them past the time it is legal to have abortions.
Stupid Pot Busts
The conviction for pot smoking of a Palm Coast resident who’d never had so much as a traffic ticket illustrates the sickness of a police and judicial system’s wrongheaded marijuana fixation.
Judge William Parsons Is Resigning to Join Cobb Cole Firm in Daytona
Circuit Judge William Parsons, twice the chief judge in the judicial district that includes Flagler, will end 17 years on the bench to return to private practice next January.
Veteran Accused of Shooting His Wife Deemed Incompetent to Stand Trial, For Now
Jonathan Canales, 27, is accused of shooting his wife in their Mondex home in November as three young children slept. He denies shooting her, saying she shot herself.
After Victim Testifies of Being Raped, James McDevitt Is Sentenced To 40 Years in Prison
James McDevitt, the 23-year-old man who pleaded guilty to raping a woman in Flagler Beach in June 2013, was sentenced today to 40 years in prison Friday. He will be on probation for 20years, and will be branded a sexual predator for the rest of his life.
Behind Friday’s McDevitt Sentencing For Rape, the 911 Call That Told a Harrowing Story
Published here for the first time, the 9-minute 911 call from Rob Tier described what Tier, a Flagler Beach pastor, at one point termed a rape as the dispatcher repeatedly kept him from intervening. Tier’s house is across the street from the scene of the rape.
15 Years After Palm Coast Double Murder, David Snelgrove Is Back in Court, Contesting Death Sentence
Snelgrove has twice been sentenced to death for for the murders of Glyn Fowler, 84, and his wife, Vivian, 79, in their Bannbury Lane home in Palm Coast in June 2000. He’s arguing ineffective representation.
Accused of Raping 11-Year-Old, Karl Westgate Pleads and Gets 25 Years
Palm Coast’s Karl Westgate, 19, had faced life in prison on rape charges but pleaded guilty to lesser charges and was sentenced to 25 years Thursday and a lifetime on sexual predator probation after that.
Paul Dykes Pleads Not Guilty in Child Rape and Retains Controversial Attorney David Taylor
Paul Dykes, the 18-year-old Palm Coast man accused of raping a child younger than 5, pleaded not guilty today and hired Jacksonville attorney David Taylor, who’s been disciplined by the Florida Bar and faced an assault charge in 2012.