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.
Circuit & County Court
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.
Calling Puppy Killing “Offensive,” Judge Sentences Slayer to 9 Months in Jail, 5 Years’ Probation
Wesley Jackson of Palm Coast’s B-Section was masturbating when the 4-month-old Chihuahua interrupted him last September, causing Jackson to brutalize and kill the dog known as Little Man.
Grand Jury Indicts Ex-Elections Supervisor Kimberle Weeks on 12 Felony Counts Over Secret Recordings
A grand jury that convened Tuesday indicted Kimberle Weeks, the former Flagler County Supervisor of Elections on 12 felony counts of illegal interception and disclosure of oral communication, following a six-month investigation into allegations by county officials that she secretly and illegally recorded their conversations.
Employers Not Required to Have Defibrillators or CPR-Ready Personnel to Prevent Death, Florida Court Rules
In a case stemming from the fatal heart attack of a CSX railroad employee in Clay County, the 1st District Court of Appeal found CSX not to have been negligent by either lacking defibrillators, not providing CPR training to employees or not responding in time to the incident.
The FBI’s Hairy Evidence Sends Floridians to Prison on Unscientific Testimony
At least 42 Floridians have gone to prison on tainted FBI evidence, including one who was executed and as many as nine who remain on death row, after trials in which FBI “experts” gave testimony that the agency concedes to have been unscientific.
“It’s Called Punishment”: Judge Denies Clemency for Man Who Killed Benjamin Rossie in 2008 Crash
Peter Hamill, who killed Benjamin “Bo” Rossie in a car crash in the Hammock, told a judge that completing his probation was “more than I’m comfortable with,” a startling request Judge Walsh did not buy this morning.
James McDevitt Pleads Guilty as Charged of Rape, May Face Up to Life in Prison for Flagler Beach Attack
By pleading guilty, James McDevitt hopes to avoid life in prison had the case gone to trial. He’ll be sentenced in late May. The June 2013 incident took place in an isolated lot in Flagler Beach, but was witnessed by a neighbor.
Draft Lease With YMCA at Belle Terre Racquet Club May Be Ready in May, But First, a Trial
The Flagler schoolo administration has made steady progress toward a lease agreement with the YMCA to take over the Belle Terre Swim and Racquet Club, but a negligence lawsuit hanging over the club since 2012 may be heading for trial at the end of May or in early June.
As Sheriff Defends Cops’ Body Cams, Public Defender Warns Of Untenable New Work Load
Public Defender James Purdy agrees with Sheriff Manfre that cops’ body cams are a valuable addition, but he says neither his nor the state attorney’s office have the manpower required to review the data being generated by the cameras, and the Legislature isntt about to provide more money or attorneys to help.
Guilty of Being Poor: Across the Nation, Courts Shake Down the Destitute
From fines targeting the poor to civil asset forfeiture, courts have mounted odious means of seizing cash and property from people not charged with any crime and who can’t afford legal defense.
Palm Coast “Watchdogs” and Attorney Ordered to Pay County $3,100 Over Frivolous Suit
Eight weeks ago, Orfinger found in favor of Palm Coast government, ordering the same attorney–Josh Knight–and a different client–Dennis McDonald–to pay Palm Coast $15,900 as a result of a frivolous suit the city fought off.
Bi-Partisan Lawmakers Looking to Expunge Criminal Records of Non-Violent Juveniles
An Orlando Senator is sponsoring a bill that would allow the expunging of records for minors who commit nonviolent misdemeanors and go on to complete diversion programs.
Edmon Welch Sentenced to Life in Prison For Home Invasion and Battery on 88 Year Old
A jury had found Edmon N. Welch guilty of the home invasion and battery on Ray Mercer in August 2013. An accomplice Jody Medders, is already serving five years in prison.
Appeal Court Upholds Florida’s Ban on Open-Carry, But Case Appears Headed For Supremes
Dale Norman, a resident of St. Lucie County, was arrested at gunpoint for carrying an openly visible handgun in a holster, on his hip. Florida Carry Inc. took his case and has been fighting his conviction since.
Judge Orders Dennis McDonald and Attorney to Pay Palm Coast $15,900 Over Frivolous Suit
Circuit Judge Michael Orfinger’s order calls for the sum to be paid equally by McDonald and his attorney. The decision signals to local anti-government activists that governments will not leave certain attacks unanswered.
Legal Aid For Poorer Floridians Diminishing, Commission Starts Work on Seeking Fair Fix
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.
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.