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145th anniversary of St. Augustine Lighthouse -- free admission October 14th, poorly advertised by maladministered 501c3

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Our St. Augustine Lighthouse has free admission today.  Password "JSL" (Junior Service League) for St. Johns County residents.

Who knew?

Belatedly announced in this morning's St. Augustine Record and on WJCT, Jacksonville NPR affiliate at 9:50 on Melissa Ross's "First Coast Connect" program.

Happy 145th anniversary to the St. Augustine Lighthouse & Maritime Museum, Inc.

The administration of the St. Augustine Lighthouse and Maritime Museum, Inc., has a lot to learn about humanity and humility:

  • It charged its employees for ice water working in the hot Florida sun until I reported it.
  • It obtained federal trademark protection for "Nation's Oldest Port" twelve (12) times.
  • It seeks federal legislation designating a "Nation's Oldest Port National Heritage Area" to obtain federal grants for itself, while refusing to support St. Augustine National Historical Park and National Seashore legislation, first proposed by Mayor Walter Fraser in 1939,
  • It euchred St. Johns County into selling the property for a song, selling our County Park after the briefest of discussions, promoted by then-Commissioner CYNDI STEVENSON.
  • It privatized public land, fencing it off, denying neighbors the right to walk their dogs there.
  • It sought too-many tree-killing permits for its privatized property building expansion.
  • It obtained federal funds for a lecture series in a non-ADA accessible building up wooden stairs, until I reported it to the National Endowment for the Humanities.
  • It was silent last night when the site of St. Augustine's first Lighthouse was being debated without archaeological evidence to protect it, as St. Augustine Commission accepted a Trojan Horse "gift" from Dr. Stanley Paris of land adjoining our City-owned Yacht Club building, rented out for a song by the private club, with intensifying use for special events adding to pressures on the lovely Lighthouse Park Neighborhood.
  • It belatedly announced free admission for its 145th anniversary the day of the event, choosing the incredible shrinking St. Augustine Record (tiny squib) and still-off-the-air Jacksonville NPR affiliate WJCT, which is only heard locally on live streaming internet audio today.   (WJCT puts the "PR" in NPR.

There's a lot wrong with the St. Augustine Lighthouse & Maritime Museum, Inc,, starting with the inflated salary of its Executive Director, KATHY ALLEN FLEMING.

Now that the St. Augustine Lighthouse & Maritime Museum, Inc. has some 66 employee's, they deserve a union -- a free democratic trade union to represent their interests, not those of the conservatives who dominate its board.

Employees deserve the right to collective bargaining and agreements on wages, salaries and working conditions.

Any employer that charges its employees for water needs a union vote.

The National Labor Relations Board office in Tampa stands ready to conduct an election.

Lighthouse employees deserve to be treated with dignity, respect and consideration. Now.

Happy 145th anniversary to the St. Augustine Lighthouse & Maritime Museum, Inc.








Chase That Money: Dog-racing interests bet on sheriff’s race in St. Johns County. (By Georgio Valentino, Folio Weekly)

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Sadly, St. Augustine Beach Police Chief Robert Hardwick has accepted tainted money in his race for Sheriff, including contributions from Sheriff DAVID BERNARD SHOAR, who legally changed his name from "HOAR" in 1994. Hardwick is taking from dodgy developers, Sheriff's Department vendors and Sheriff's Department managers who want to keep their jobs.

California's longtime House Speaker, Jesse Unruh, said, "Money is the mother's milk of politics."

Or as mendacious money-hungry Flor-DUH ME-publicans say, "the only problem with tainted money is, t'aint enough!"

From Folio Weekly; Editor Georgio Valentino:



FROM THE EDITOR

Chase That Money

Dog-racing interests bet on sheriff’s race in St. Johns County

Posted 
In an age of political polarization, an era of chronic 50-50 stalemate, it was refreshing to see Floridians of all political stripes come together last November to vote “yes” on Amendment 13, thus setting a timetable for the phase-out of greyhound racing across the state. You don’t see too many 69-percent mandates these days, folks. But there it was. Florida clearly wants to put the anachronistic industry behind it. And, come Jan. 1, 2021, greyhound racing will indeed be a thing of the past in the Sunshine State.
Having failed at the ballot box, however, industry interests are attempting to thwart the will of the people in court. Implementation of Amendment 13 has been challenged legally in recent months by kennel owners in St. Petersburg and West Palm Beach. Yes, their chances of success are slim, but these maneuverings indicate that a handful of Florida’s dog tracks refuse to recognize the plebiscite, or “the mob” (in the words of one legal filing).
Although it is not a named party to these actions, one of Florida’s last operating dog tracks is right here in Northeast Florida. Not only has BestBet Orange Park refused to voluntarily halt racing—presumably until the bitter end—but it has been implicated in drug violations as recently as this year. In May, First Coast News reported that BestBet greyhounds have tested positive for cocaine and methocarbamol.
And, as of last month, Northeast Florida’s dog-racing industry is placing a $5,000 wager on one candidate for St. Johns County Sheriff. St. Augustine Beach Police Chief Rob Hardwick had long been rumored to have designs on the office being vacated by the county’s scandal-ridden sitting sheriff, David Shoar, but he didn’t formally announce his candidacy until last month. He has since outraised his competitor, Chris Strickland, who has been in the race since January. Among Hardwick’s 265 reported September contributions (totaling $186,124) are five $1,000 checks made by just as many BestBet-related businesses, all registered to one of two P.O. boxes in Orange Park (Clay County) and Jacksonville (Duval County).
The disclosure has prompted letters to this editor, one calling on the candidate to return such “dirty money” from “dog abusers.” Another reader questioned Hardwick’s relationship with Shoar. Hardwick is the heir apparent to the outgoing four-term sheriff’s throne; he even has Shoar’s seal of approval—and his maximum campaign contribution. The endorsement might help among establishment donors, but voters not so much. The sheriff is an unpopular figure in St. Johns County, seen by some as a caricature of good-ol’-boy corruption.
The citizens of St. Johns County haven’t forgotten Sheriff Shoar’s controversial handling of one case in particular. Michelle O’Connell will continue to haunt the sheriff and anyone associated with him. Although clearly suspicious, her 2010 death was peremptorily ruled a suicide to protect O’Connell’s boyfriend (and the most obvious suspect), Deputy Jeremy Banks, who is still on the force. The body count doubled in January of this year, when a private investigator who had dedicated their life to solving the O’Connell case was found dead in a World Golf Village apartment. This time, it was ruled homicide. The investigation was referred to the neighboring (and presumably friendly) Putnam County Sheriff’s Office, but it remains (surprise!) unsolved.
Will Hardwick address voter concerns, or will the establishment imprimatur—Shoar’s blessing and big-money donors—give him enough juice to get over the finish line without looking back?

SCOOP: Convicted Embezzler is a Democratic Primary Candidate for Florida's 4th Congressional District

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UPDATE: CHRISTOPHER ALLAN EAGLE did not show up in court in Michigan this morning, October 17, 2019. His lawyer claims he was convicted of a misdemeanor, not a felony, so I've asked for proof and deleted the one (1) word in this article with which he disagreed -- "felony." See correspondence here. 

Mark Twain said, "There is no distinctly American criminal class -- except Congress."

After serving 91 days in a Michigan jail for embezzlement, Christopher Allan Eagle moved to Florida is now running in the August 2020 Democratic Primary for the 4th Congressional District seat encumbered by John Rutherford, former Sheriff of Duval County.  The District includes St. Augustine, the northern half of St. Johns County, much of Duval County, and all of Nassau County:




Congressional candidate Christopher Eagle contends he served time in jail for a crime he did not commit.  He's running on his business acumen.  He first lived in St. Johns County and now lives in Atlantic Beach, in Duval County.

Congressional candidate Christopher Eagle is back in Michigan tomorrow morning for arraignment for his probation violation hearing (October 17, 2019 at 9 AM) in 10th District Court before Presiding District Court Judge Franklin K. Line, Jr.  

In Calhoun County, Michigan, Eagle faces charges for failure to maintain gainful employment (condition 11 of his probation order).  He posted a $7500 bond on that charge.

While living in Battle Creek, Michigan, Christopher Allen Eagle allegedly misused a Kellogg Company credit card for personal use and stole two laptops from his employer.  The credit card was allegedly used for personal expenditures, including Victoria's Secret, Best Buy, Bed Bath and Beyond, airline travel, airport parking.

Thanks to Atlantic Beach licensed private investigator Ms. Susan Perry for uncovering the facts of this fraudfeasor and bringing them too light.

How many Democrats have contributed to Christopher Allan Eagle's campaign?

Did he use campaign funds to subsidize his lifestyle?

Did he use campaign funds to post his bond?

Christopher Allan Eagle pled guilty to embezzlement. He served 91 days in Calhoun County Jail.  He was sentenced to one year of probation, allowed to move to Florida, ordered to seek and maintain gainful employment, allowed to smoke medical marijuana and ordered to pay Kellogg Company $21,661.22 in restitution, plus fines and court costs, for a total of $22,701.22.

Chris Eagle's Federal Election Commission campaign finance disclosure is late -- it was due on October 15, 2019.

Former members of Congress sent to federal prison include Jacksonville's former Congressperson, CORINNE BROWN, (D-Jacksonville), federal prison inmate number 67315-018 (release date 06/06/2022), convicted of fraud involving a phony charity.   http://cleanupcityofstaugustine.blogspot.com/2018/01/corrupt-former-us-rep-corrine-brown.html

Some Congresscritters facing criminal charges have been re-elected over the years, including two Republican Congressmen re-elected in November 2018.   

I asked candidate Christopher Allan Eagle about any historic precedents for electing convicted felons to Congress.  

I asked other questions about his court cases  including a trademark infringement lawsuit brought by Tony Bahama Group, resulting in a Consent Final Judgment and Permanent Injunction signed by the Honorable Timothy Corrigan in federal court in Jacksonville. 

No response yet.  

Here's my email:


-----Original Message-----
From: Ed Slavin
To: chriseagle
Sent: Wed, Oct 16, 2019 10:36 pm
Subject: Christopher Allan Eagle, Convicted Felon, a Democratic Primary Candidate for Florida's 4th Congressional District

Dear Mr. Eagle:
1. Please comment and discuss for a news story your felony criminal conviction in Michigan (embezzlement from your employer) and your civil litigation history (trademark infringement).  Please see attached public records.
2. Why is your mandatory Federal Elections Commission filing late?
3. How does your legal experience qualify you for the Democratic Congressional nomination to represent Florida's Fourth Congressional District?  
4. Was your Florida Congressional campaign a successful scheme to claim that you were complying with condition 11 of the conditions of your probation ("gainful employment")?
5. Your probation expires tomorrow, October 17, 2019, correct? 
6. Were you candid with the 10th District Court in Michigan?
7. Did you contend in the 10th District Court in Michigan that your Congressional candidacy constituted "gainful employment?"
8. Are you aware of any Florida or other historic precedent(s) for electing convicted felons to Congress?
9. You pled guilty and you served 91 days in Calhoun County Jail, correct?
10. Have you made restitution?
11. Any further comments?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com

Missive from Michigan -- Counsel for Convicted-Embezzler-Candidate Demands "Retraction"

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I just received an e-mail from ERIC JAMES SHEPPARD, Michigan criminal defense counsel for the convicted embezzler who is running for the Democratic nomination to represent our Florida 4th Congressional District in the 117th Congress.

Here's my reply, and Mr. Sheppard's e-mail.  In response, I've deleted one word from my article -- "Felony."

I've asked CHRISTOPHER ALLAN EAGLE's Michigan criminal defense counsel for proof that stealing more than $22,000 from your employer is a "misdemeanor" in Michigan.


ERIC JAMES SHEPPARD
Michigan Bar Reg. # P71914 
(Admitted November 7, 2008)
Criminal defense lawyer for Florida Congressional candidate 
CHRISTOPHER ALLAN EAGLE, who is facing charges of violating the terms of his probation 

-----Original Message-----
From: Ed Slavin
To: ericsheppard16
Cc: chriseagle ; dbuscher
Sent: Thu, Oct 17, 2019 1:38 pm
Subject: Re: Christopher Allan Eagle

Dear Mr. Sheppard:
Thank you for contacting me.
1. Please be so kind as to send me PDFs all of the public court documents on this case.  Unlike our state courts in St. Johns County, Florida, the Calhoun County, Michigan court system does not make actual court filings available on its website. 
2. Please share any documents or legal citations establishing your assertion that the criminal conviction to which Mr. Eagle pled guilty was for a "misdemeanor" to embezzle +$21,000. 

3. Where is Mr. Eagle today?
4. Has a bench warrant or capias been issued yet?
5. Accuracy is essential in a democracy,
6. Please call me to discuss. 
7. Christopher Allan Eagle is a public figure. See New York Times v. Sullivan376 U.S. 254 (1964).  
8. Mr. Eagle is  running for Congress in Florida's 4th Congressional District Democratic primary. He has filed no FEC reports.  
9. Mr. Eagle did not appear at his arraignment this morning. 
10. No more insults are desired or required.  Your angry attempt to chill, coerce or intimidate my First Amendment protected activity is, at best, facetious.  Please call me.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com



-----Original Message-----
From: Eric Sheppard
To: easlavin
Sent: Thu, Oct 17, 2019 12:44 pm
Subject: Christopher Eagle

You have published false and defamatory information about my client through your blog post. Christopher Eagle was not convicted of a felony in Calhoun County, Michigan. He was convicted of a misdemeanor. Simple due diligence and understanding of a court system leads one to that fact.

Please immediately remove this false information and issue a retraction. 

I have no further comment for you about this case.

Very truly yours, 

Eric J. Sheppard 
Attorney at Law

The Law Office of Eric J. Sheppard 
2109 Hamilton Road, Suite 206
Okemos MI 48864
Ph: 517-618-1580 (office)
Ph: 216-973-9996 (cell) 
Fax: 517-913-6321

http://www.ericsheppardlaw.com

ericsheppard16@gmail.com

Wayne Hogan for Congress

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I called St. Augustine native Wayne Hogan's office and urged him to run for Congress again.  He ran in 2002 against then-Rep. JOHN LUIGI MICA.  2020 looks like a Blue Wave year.  He could defeat our current Representative, ex-Sheriff of Duval County John Rutherford, as lugubrious a goober as ever filled a seat in Congress.  Wayne Hogan has the ideals and funds to defeat Rutherford, or Sheriff DAVID SHOAR, who legally changed his name from "HOAR" in 1994,

Wayne Hogan is an outstanding ethical trial lawyer who defeated tobacco companies and who wrote the Fair Districts Amendment that halted gerrymandering for Florida state and federal legislative districts.

Please call, write or visit Wayne Hogan and ask him to run for Congress from our 4th Congressional District, which includes most of Jacksonville, half of St, Johns County, and all of Nassau County:

John Wayne Hogan 

Member in Good Standing 
Eligible to Practice Law in Florida 
John Wayne Hogan
142460
Terrell Hogan
233 E Bay St Ste 804
Jacksonville, FL 32202-3451 
United States
Office: 904-722-2228
Cell: 904-722-2228 - No Text Messages 
Fax: 904-353-4418
https://www.floridabar.org/mybarprofile/142460

Christopher Allan Eagle -- Request for Federal Elections Commission Office of Inspector General Criminal, Civil and Administrative Investigation and Audit

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Under the Inspector General Act of 1978, some 80 federal agencies have law enforcement officers charged with the duty to be "meaner than a junkyard dog," as President Ronald Wilson Reagan said, ferreting out waste, fraud and abuse.  One of my most wonderful whistleblower client was EPA Inspector General Criminal Investigator, Special Agent Robert E. Tyndall, whose 1996 USDOL case established a precedent for all IG agents.

Today I asked the Inspector General of the Federal Elections Commission to initiate a civil, criminal and administrative investigation and audit of the campaign of Christopher Allan Eagle for Congress,

Let justice be done.

Here is my request:



-----Original Message-----
From: Ed Slavin
To: oig
Cc: chriseagle ; dbuscher ; ericsheppard16 ; mross ; georgio ; sheltonhull ; sam ; jpalombo
Sent: Thu, Oct 17, 2019 4:27 pm
Subject: Christopher Allan Eagle -- Request for Federal Elections Commission Office of Inspector General Criminal, Civil and Administrative Investigation and Audit

Dear Brenda:
1. Thank you for taking my call. 
2. Pursuant to the Inspector General Act, please open a Federal Elections Commission Office of Inspector General  civil, criminal and administrative investigation and audit of Christopher Allan Eagle's Congressional campaign for the Florida 4th Congressional District.  
3. His FEC reports are late.  
4. He is a convicted embezzler.
https://cleanupcityofstaugustine.blogspot.com/2019/10/convicted-embezzler-is-democratic.html
5. He is soliciting campaign funds for a putative Congressional campaign, and he has called me and asked to meet me.
6. Now Congressional candidate Chris Eagle's lawyer is sending me threatening letters when I report on his case.
7. Has Chris Eagle converted federal election campaign funds to his own use?
8. Has he been given a notice of violation by FEC for his late report?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com





CON-GRESSIONAL CANDIDATE CRIMINAL DEFENSE LAWYER NOW OBJECTS TO MY PRINTING HIS PHOTO

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I just received an e-mail from ERIC JAMES SHEPPARD, Michigan criminal defense counsel for the convicted embezzler who is running for the Democratic nomination to represent our Florida 4th Congressional District in the 117th Congress.

Here's my reply, and Mr. Sheppard's e-mail.  In response, I've deleted one word from my article -- "Felony."

I've asked CHRISTOPHER ALLAN EAGLE's Michigan criminal defense counsel for proof that stealing more than $22,000 from your employer is a "misdemeanor" in Michigan.


ERIC JAMES SHEPPARD
Michigan Bar Reg. # P71914 
(Admitted November 7, 2008)
Criminal defense lawyer for Florida Congressional candidate 
CHRISTOPHER ALLAN EAGLE, who is facing charges of violating the terms of his probation



-----Original Message-----
From: Ed Slavin
To: ericsheppard16
Sent: Thu, Oct 17, 2019 4:18 pm
Subject: Re: Christopher Allan Eagle

Your photo is public domain.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com



-----Original Message-----
From: Eric Sheppard
To: Ed Slavin
Sent: Thu, Oct 17, 2019 2:32 pm
Subject: Re: Christopher Allan Eagle

You do not have authorization to use my likeness or photograph on any of your postings. You have freedom of speech, but there are other laws in the United States.

Mr. Eagle pled guilty to a misdemeanor. He was not scheduled for an arraignment this morning. He was scheduled for a hearing on allegations of probation violation. There is no outstanding warrant for Mr. Eagle in Calhoun County. 

Stop publishing lies. You have zero credibility. That is not meant as any insult, it is simply fact.

Very truly yours, 

Eric J. Sheppard 
Attorney at Law

The Law Office of Eric J. Sheppard 
2109 Hamilton Road, Suite 206
Okemos MI 48864
Ph: 517-618-1580 (office)
Ph: 216-973-9996 (cell) 
Fax: 517-913-6321

http://www.ericsheppardlaw.com

ericsheppard16@gmail.com

On Oct 17, 2019, at 1:38 PM, Ed Slavin wrote:

Dear Mr. Sheppard:
Thank you for contacting me.
1. Please be so kind as to send me PDFs all of the public court documents on this case.  Unlike our state courts in St. Johns County, Florida, the Calhoun County, Michigan court system does not make actual court filings available on its website. 
2. Please share any documents or legal citations establishing your assertion that the criminal conviction to which Mr. Eagle pled guilty was for a "misdemeanor" to embezzle +$21,000. 

3. Where is Mr. Eagle today?
4. Has a bench warrant or capias been issued yet?
5. Accuracy is essential in a democracy,
6. Please call me to discuss. 
7. Christopher Allan Eagle is a public figure. See New York Times v. Sullivan376 U.S. 254 (1964).  
8. Mr. Eagle is  running for Congress in Florida's 4th Congressional District Democratic primary. He has filed no FEC reports.  
9. Mr. Eagle did not appear at his arraignment this morning. 
10. No more insults are desired or required.  Your angry attempt to chill, coerce or intimidate my First Amendment protected activity is, at best, facetious.  Please call me.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com



-----Original Message-----
From: Eric Sheppard
To: easlavin
Sent: Thu, Oct 17, 2019 12:44 pm
Subject: Christopher Eagle

You have published false and defamatory information about my client through your blog post. Christopher Eagle was not convicted of a felony in Calhoun County, Michigan. He was convicted of a misdemeanor. Simple due diligence and understanding of a court system leads one to that fact.

Please immediately remove this false information and issue a retraction. 

I have no further comment for you about this case.

Very truly yours, 

Eric J. Sheppard 
Attorney at Law

The Law Office of Eric J. Sheppard 
2109 Hamilton Road, Suite 206
Okemos MI 48864
Ph: 517-618-1580 (office)
Ph: 216-973-9996 (cell) 
Fax: 517-913-6321

http://www.ericsheppardlaw.com

ericsheppard16@gmail.com

CON-GRESSIONAL CANDIDATE A NO-SHOW TODAY in STATE OF MICHIGAN v. CHRISTOPHER ALLAN EAGLE, Case No. BC12-04452 (10th District Court, Calhoun County, Michigan)

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Congressional Candidate CHRISTOPHER ALLAN EAGLE, candidate for the Democratic nomination to represent the 4th Congressional District (including) St. Augustine was a no-show today in court for his arraignment for violation of his probation for embezzling money from his employer, KELLOG COMPANY.

I texted and asked EAGLE if he was in court. He responded, "No, why?"

EAGLE was represented in court today by counsel Eric Sheppard, and the presiding judge in 10th District Court in B Battle Creek, Michigan, has rescheduled the case for  for November 19, 2019 -- his arraignment for probation violations is at 9:45 AM and the hearing on whether he has made restitution is set for 10:30 AM

Meanwhile:


How many Democrats have contributed to convicted embezzler CHRIS EAGLE's Congressional campaign?

We don't know.

As of 10:45 PM, EDT on October 17, 2019, Congressional candidate CHRISTOPHER ALLAN EAGLE still has not filed his FEC report, which was due on October 15, 2019.

Here is the 10th District Court Register of Actions for the embezzlement case of State of Michigan v. CHRISTOPHER  ALLAN EAGLE, showing how his criminal case has moved through the courts since August 31, 2011 (2969 days ago -- that is eight (8) years, one (1) month and seventeen (17) days, or 97 months and seventeen (17) days -- since his employer, KELLLOG COMPANY, and the local Prosecuting Attorney filed charges that CHRIS EAGLE misused a credit card for personal purposes and stole two laptop computers, embezzling nearly $22,000 from his employer.



10th District Court
Register of Actions    
Enter New Search

Register of Actions

 _____________________________________________________________________________  
|STATE OF MICHIGAN     |                        | CASE NO:  C121388    D01 FY | 
|10TH JUDICIAL DISTRICT|  REGISTER OF ACTIONS   | X-REFERENCE #:  BC12-04452  | 
|ORI130035J            |                        | STATUS: PROB                | 
|PIN: BC12-04452       |                        |                             | 
 _____________________________________________________________________________  
                                 JUDGE OF RECORD: LINE,FRANKLIN K.,     P-28725 
                                           JUDGE: LINE,FRANKLIN K.,     P-28725 
 STATE OF MICHIGAN v                                                            
                                                          CTN: 131200083601     
     EAGLE/CHRISTOPHER/ALLAN                              TCN: K418165414T      
     367 AHERN                                            SID:                  
     ATLANTIC BEACH   FL 32233                     ENTRY DATE: 02/27/12         
                                                 OFFENSE DATE: 08/31/11         
                                                  ARREST DATE:                  
 DEFENDANT PHONE: (213) 312-7656   VEHICLE TYPE:          VPN:                  
 DOB: 09/09/1976  SEX: M  RACE: W                         CDL: U                
 VEH YR:          VEH MAKE:        VIN:                   PAPER PLATE:          
_______________________________________________________________________________ 
 DEFENSE ATTORNEY ADDRESS                    BAR NO.                            
 SHEPPARD,ERIC JAMES,                        P-71914                            
 2109 HAMILTON RD                            Telephone No.                      
 STE 206                                                                        
 OKEMOS           MI 48864                   (517) 618-1580                     
_______________________________________________________________________________ 
 OFFICER: TIMMER/DAVID                     |DEPT: BATTLE CREEK POLICE DEPT.     
                                           |                                    
 PROSECUTOR: GILBERT,DAVID E.,             |   P-41934                          
 VICTIM/DESC:                              |                                    
_______________________________________________________________________________ 
                                                                                
 CNT: 01 C/M/F: F  7501744A                        PACC#750.1744A               
 EMBEZZLE.-AGENT OR TRUSTEE $1000 OR MORE BUT < $20,000                         
 ARRAIGNMENT DATE:  09/05/18    PLEA:     EXAM DEMAND    PLEA DATE: 09/05/18    
 FINDINGS:  DISM BY PTY    DISPOSITION DATE: 09/26/18                           
 SENTENCING DATE:                                                               
      FINE       COST ST.COST     CON     MISC.     REST   TOT FINE    TOT DUE  
      0.00       0.00    0.00    0.00     0.00      0.00       0.00       0.00  
          JAIL SENTENCE:            PROBATION:                                  
   VEH IMMOB START DATE:            NUMBER OF DAYS:        VEH FORFEITURE:      
_______________________________________________________________________________ 
 BOND HISTORY:                                                                  
        7,500.00   SURETY     BOND POSTED                                       
_______________________________________________________________________________ 
                                                                                
 CNT: 02 C/M/F: M  7501743A                        PACC#750.1743A               
 EMBEZZLEMENT-AGENT/TRUSTEE $200 OR MORE BUT LESS THAN $1000                    
 ARRAIGNMENT DATE:  09/05/18    PLEA:     PLEAD GUILTY   PLEA DATE: 09/27/18    
 FINDINGS:  DSP GLTY PL    DISPOSITION DATE: 09/27/18                           
 SENTENCING DATE:  10/17/18                                                     
      FINE       COST ST.COST     CON     MISC.     REST   TOT FINE    TOT DUE  
    200.00     355.00   50.00    0.00   435.00  21661.22   22701.22   22701.22  
          JAIL SENTENCE:  91 DAYS   PROBATION: 12 MONTHS PO: WAGNER,SHANNON M,  
                                    PROBATION END DATE: 10/17/19                
   VEH IMMOB START DATE:            NUMBER OF DAYS:        VEH FORFEITURE:      
_______________________________________________________________________________ 
  DATE                      ACTIONS, JUDGMENTS, CASE NOTES             INITIALS 
_______________________________________________________________________________ 
                                                                                
 08/31/11                                                                       
   1  ORIGINAL CHARGE           EMBEZZ >1000                                NER 
 02/22/12                                                                       
   1  AUTHORIZATION OF COMPLAINT DATE                                       NER 
      PROS MLADENOFF,SUSAN K.,                                     P-29491  NER 
                                                                                
 NAME: EAGLE/CHRISTOPHER/ALLAN              CASE NO: C121388      PAGE   2      
_______________________________________________________________________________ 
  DATE                      ACTIONS, JUDGMENTS, CASE NOTES             INITIALS 
_______________________________________________________________________________ 
 02/27/12                                                                       
      FILING DATE               022712                                      NER 
   1  COMPLAINT ISSUANCE DATE                                               NER 
      MAG  BARNES,DAVID A.                                         #  1001  NER 
      WARRANT ENTRY REQUESTED    22712  114P                                NER 
      SYSIDNO (20:) GENERATED BY LEIN                                           
                                42876238                                    NER 
      WARRANT ENTERED INTO LEIN                                             NER 
 05/31/12                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  SKB 
      WARRANT MODIFIED IN LEIN                                              SKB 
      WILL EXTRADITE ANYWHERE IN THE US.                                    SKB 
      NIC# W775153890                                                       SKB 
 01/03/13                                                                       
      Reassigned Prosecutor P-29491 to P-41934                              ADM 
 03/15/13                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  CNC 
      ATT  GABRY,GARY M.,                                          P-29739  CNC 
      APPEARANCE FILED                                                      CNC 
 03/18/13                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  CNC 
      APPEARANCE FILED                                                      CNC 
 06/29/16                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  SKB 
      WARRANT MODIFIED FOR LEIN VALIDATION.                                 SKB 
 06/19/18                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  LJE 
      WARRANT CANCELED FROM LEIN                                            LJE 
      WARRANT PURGED LEIN DUE TO LOCATE, EMAIL TO                           LJE 
      PROS JELINEK INQUIRING ABOUT REENTRY                                  LJE 
      MISCELLANEOUS ACTION      ALL COUNTS                                  LJE 
      PER PROS JELINEK REENTER WARRANT IN LEIN                              LJE 
      MISCELLANEOUS ACTION      ALL COUNTS                                  LJE 
      CHANGE TO FULL EXTRATION PER PROS OFFICE                              LJE 
 06/20/18                                                                       
      WARRANT ENTRY REQUESTED    62018 1012A                                LJE 
      SYSIDNO (20:) GENERATED BY LEIN                                           
                                46870824                                    LJE 
      WARRANT ENTERED INTO LEIN                                             LJE 
 07/31/18                                                                       
      WARRANT CANCELLATION REQUESTED                                            
                                 73118  915A                                DMF 
      WARRANT CANCELLATION ACCEPTED                                             
                                 73118  916A                                DMF 
      WARRANT CANCELED FROM LEIN                                            DMF 
      MISCELLANEOUS ACTION      ALL COUNTS                                  DMF 
      WARRANT CANCELLED LEIN DUE TO LOCATE                                  DMF 
      PER TX WITH PROS JELINEK WARRANT TO BE                                DMF 
      REENTERED LEIN FOR PICK UP                                            DMF 
      WARRANT ENTRY REQUESTED    73118  924A                                DLO 
      WARRANT REJECTED BY MSP, NOT ENTERED INTO LEIN                            
                                 73118  925A                                DLO 
      WARRANT ENTRY REQUESTED    73118  925A                                DLO 
                                                                                
 NAME: EAGLE/CHRISTOPHER/ALLAN              CASE NO: C121388      PAGE   3      
_______________________________________________________________________________ 
  DATE                      ACTIONS, JUDGMENTS, CASE NOTES             INITIALS 
_______________________________________________________________________________ 
      WARRANT REJECTED BY MSP, NOT ENTERED INTO LEIN                            
                                 73118  926A                                DLO 
      WARRANT ENTRY REQUESTED    73118  927A                                DLO 
      SYSIDNO (20:) GENERATED BY LEIN                                           
                                46938211                                    DLO 
      WARRANT ENTERED INTO LEIN                                             DLO 
 09/05/18                                                                       
      WARRANT CANCELLATION REQUESTED                                            
                                 90518  834A                                DMF 
      WARRANT CANCELLATION ACCEPTED                                             
                                 90518  835A                                DMF 
      WARRANT CANCELED FROM LEIN                                            DMF 
      MISCELLANEOUS ACTION      ALL COUNTS                                  DMF 
      SCHEDULED FOR ARRAIGNMENT 090518  130P  ARRAIGNMENTS PM      #  1031  DMF 
      FILE TO SCHEDULING                                                    DMF 
      DEF IS IN CUSTODY                                                     DMF 
      MISCELLANEOUS ACTION      ALL COUNTS                                  KSA 
      JDG  LINE,FRANKLIN K.,                                       P-28725  KSA 
      JUDGE OF RECORD/MAGISTRATE CHANGED                                    KSA 
        FROM: 00000 NO SPECIFIC JUDGE                                       KSA 
          TO: 28725 LINE,FRANKLIN K.,                                       KSA 
      SCHEDULED FOR PRELIMINARY EXAMINATION                                     
                                092618  130P  LINE,FRANKLIN K.,    P-28725  KSA 
      MISCELLANEOUS ACTION      ALL COUNTS                                  KSA 
      SCHEDULED FOR PRE EXAM CONFERENCE                                         
                                091918 1000A  LINE,FRANKLIN K.,    P-28725  KSA 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  KSA 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  KSA 
      PREV. 9275 WOODLANDS TRL                                              KSA 
      ADDR: PORTAGE          MI 49002                                       KSA 
      ARRAIGNMENT HELD          ALL COUNTS                                  KSA 
      ATT  REQUEST COURT APPT                                      #  1085  KSA 
      EXAMINATION DEMANDED                                                  KSA 
      CASH/SURETY/10% CASH                                                  KSA 
      BOND SET                                       $  10000.00   090518   KSA 
      PTS  ADD CHG PER AOR                                                  KSA 
 09/10/18                                                                       
      TCN ADDED                                                             JLO 
      MISCELLANEOUS ACTION      ALL COUNTS                                  JLO 
      FINGERPRINTS IN COURT FILE                                            JLO 
 09/26/18                                                                       
   1  MISCELLANEOUS ACTION      EMBEZZ >1000                                CJF 
      ORDER FOR PRE-SENTENCE INVESTIGATION                                  CJF 
      FILE SENT TO SHANNON--PROBATION.                                      CJF 
   1  MISCELLANEOUS ACTION      EMBEZZ >1000                                CJF 
      JDG  LINE,FRANKLIN K.,                                       P-28725  CJF 
      DISMISSED BY PARTY                                                    CJF 
 09/27/18                                                                       
   2  MISCELLANEOUS ACTION      EMB 200<1000 nbsp="" span="">1000>
      JDG  LINE,FRANKLIN K.,                                       P-28725  CJF 
      ADDED CHARGE              EMB 200<1000 nbsp="" span="">1000>
                                                                                
 NAME: EAGLE/CHRISTOPHER/ALLAN              CASE NO: C121388      PAGE   4      
_______________________________________________________________________________ 
  DATE                      ACTIONS, JUDGMENTS, CASE NOTES             INITIALS 
_______________________________________________________________________________ 
      PLEA HEARING HELD         EMB 200<1000 nbsp="" span="">1000>
      PLEAD GUILTY                                                          CJF 
      DISPOSED ON GUILTY PLEA                                               CJF 
      MISCELLANEOUS ACTION      ALL COUNTS                                  CJF 
      SCHEDULED FOR SENTENCING  101718  115P  LINE,FRANKLIN K.,    P-28725  CJF 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  CJF 
 09/28/18                                                                       
      PREV. 13874 VALUBUENA CT                                              CLJ 
      ADDR: JACKSONVILLE     FL 32224                                       CLJ 
      MISCELLANEOUS ACTION      ALL COUNTS                                  CLJ 
      PERSONAL                                                              CLJ 
      BOND POSTED                                    $   1000.00   092618   CLJ 
      BOND POSTED W/OUT CASE                                                CLJ 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  CLJ 
      MISCELLANEOUS ACTION      ALL COUNTS                                  CLJ 
      ADDRESS UPDATED PER BOND                                              CLJ 
      MISCELLANEOUS ACTION      ALL COUNTS                                  CLJ 
      NTA MAILED TO NEW ADDRESS                                             CLJ 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  CJF 
      PREV. 2492 ONONDAGA RD                                                CLJ 
      ADDR: EASTON RAPIDS    MI 48827                                       CLJ 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  CLJ 
 10/02/18                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  CLJ 
      BOND PUT IN FILE                                                      CLJ 
      FILE TO PROBATION                                                     CLJ 
 10/10/18                                                                       
   1  MISCELLANEOUS ACTION      EMBEZZ >1000                                CJF 
      ORDER FOR PRE-SENTENCE INVESTIGATION                                  CJF 
      FILE SENT TO SHANNON--PROBATION.                                      CJF 
 10/17/18                                                                       
   2  SENTENCE HEARING HELD     EMB 200<1000 nbsp="" span="">1000>
      JDG  LINE,FRANKLIN K.,                                       P-28725  DLM 
      SUPPLEMENTAL SENTENCING                        $  22701.22            DLM 
      STATUTE FINE                                   $    200.00            DLM 
      STATE COSTS - MISDEMEANOR                      $     50.00            DLM 
      CRIME VICTIM RIGHTS ASSESSMENT                 $     75.00            DLM 
      COURT COST-STATUTE OFFENSE-MISDEMEANOR         $    355.00            DLM 
      PROBATION OVERSIGHT FEES                       $    360.00            DLM 
      RESTITUTION                                    $  21661.22            DLM 
      PAYMENT DUE               091719                                      DLM 
      PROBATION                                012M                         DLM 
      PO   WAGNER,SHANNON M,                                       #  1025  DLM 
      SCHEDULED FOR REVIEW      101719                                      DLM 
      SENTENCE                                                              DLM 
      MISCELLANEOUS ACTION      EMB 200<1000 nbsp="" span="">1000>
      JDG  LINE,FRANKLIN K.,                                       P-28725  DLM 
      SUPPLEMENTAL SENTENCING                                               DLM 
      JAIL TERM                                091D                         DLM 
                                                                                
 NAME: EAGLE/CHRISTOPHER/ALLAN              CASE NO: C121388      PAGE   5      
_______________________________________________________________________________ 
  DATE                      ACTIONS, JUDGMENTS, CASE NOTES             INITIALS 
_______________________________________________________________________________ 
      CREDIT FOR TIME SERVED IN JAIL           091D                         DLM 
      COMMITTED                                                             DLM 
      CALHOUN COUNTY JAIL                                                   DLM 
      ORDER OF PROBATION GENERATED                                              
                                EMB 200<1000 nbsp="" span="">1000>
      ABSTAIN FROM THE USE OR POSSESSION OF                                 DLM 
      ALCOHOL,DRUGS,CONTROLLED                                              DLM 
      SUBSTANCE AND FROM FREQUENTING PLACES WHERE                           DLM 
      SUCH ARE SOLD FOR CONSUMPTION                                         DLM 
      ON THE PREMISES.THE PROBATIONER SHALL NOT                             DLM 
      USE OR POSSESS MEDICATION OR                                          DLM 
      MEDICAL MARIJUANA WITHOUT THE PRIOR WRITTEN                           DLM 
      APPROVAL OF THE JUDGE/COURT.                                          DLM 
      7.DEFENDANT SHALL TAKE A CHEMICAL TEST AT                             DLM 
      THE REQUEST OF THE PROBATION                                          DLM 
      OFFICER,AT THE DEFENDANT'S EXPENSE.                                   DLM 
      8.ATTEND AND SUCCESSFULLY COMPLETE ANY                                DLM 
      COUNSELING AT THE DIRECTION OF THE                                    DLM 
      PROBATION OFFICER TO INCLUDE: MENTAL HEALTH                           DLM 
      TREATMENT.                                                            DLM 
      9.FINES AND COSTS:IF THE FULL AMOUNT IS NOT                           DLM 
      PAID AT SENTENCING -- THE                                             DLM 
      BALANCE IS DUE IN 60 DAYS.                                            DLM 
      10.A $75.00 WARRANT COST WILL BE ASSESSED                             DLM 
      IF A WARRANT IS ISSUED TO                                             DLM 
      COMPEL APPEARANCE.                                                    DLM 
      11.OBTAIN/MAINTAIN GAINFUL EMPLOYMENT.                                DLM 
      IF YOU WISH TO FILE A APPEAL AND ARE                                  DLM 
      FINANCIALLY UNABLE TO RETAIN A                                        DLM 
      LAWYER,THE COURT WILL APPOINT A LAWYER TO                             DLM 
      REPRESENT YOU ON APPEAL.                                              DLM 
      THE REQUEST FOR A LAWYER MUST BE MADE                                 DLM 
      WITHIN 14 DAYS AFTER SENTENCING.IF                                    DLM 
      AN APPEAL TO CIRCUIT COURT IS MADE, IT MUST                           DLM 
      BE FILED WITHIN 21 DAYS FROM                                          DLM 
      DATE OF SENTENCE.THIS DOCUMENT MEETS THE                              DLM 
      REQUIREMENT OF PROVIDING NOTICE                                       DLM 
      UNDER MCR 6.610 {F} (3).                                              DLM 
      12.MAY RESIDE IN FLORIDA                                              DLM 
      13.DEF MAY REPORT VIA MAIL.                                           DLM 
 11/26/18                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  DLM 
      RESTITUTION HEARING       011519  115P  LINE,FRANKLIN K.,    P-28725  DLM 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  DLM 
      PREV. 2492 ONONDAGA RD                                                SMW 
      ADDR: EATON RAPIDS     MI 48827                                       SMW 
 12/11/18                                                                       
   2  PETITION AND ORDER FOR AMENDMENT OF PROBATION GENERATED                   
                                EMB 200<1000 nbsp="" span="">1000>
      #14 PER JUDGE LINE DEFENDANT MAY USE                                  DLM 
      MEDICAL MARIJUANA.                                                    DLM 
      **PROBATION CONTINUES**                                               DLM 
                                                                                
 NAME: EAGLE/CHRISTOPHER/ALLAN              CASE NO: C121388      PAGE   6      
_______________________________________________________________________________ 
  DATE                      ACTIONS, JUDGMENTS, CASE NOTES             INITIALS 
_______________________________________________________________________________ 
 01/15/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  DLM 
      RESTITUTION HEARING       011619  115P  LINE,FRANKLIN K.,    P-28725  DLM 
      MISCELLANEOUS ACTION      ALL COUNTS                                  DLM 
      REMOVED FROM CALENDAR     011619  115P  LINE,FRANKLIN K.,    P-28725  DLM 
      MISCELLANEOUS ACTION      ALL COUNTS                                  DLM 
      ATT  HIRE OWN ATTORNEY                                       #  1086  DLM 
      RESTITUTION HEARING       011619  115P  LINE,FRANKLIN K.,    P-28725  DLM 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  DLM 
 01/18/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  DLM 
      RESTITUTION HEARING       032019  115P  LINE,FRANKLIN K.,    P-28725  DLM 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  DLM 
 01/23/19                                                                       
      PREV. 136 LAZO COURT                                                  SMW 
      ADDR: ST. AUGUSTINE    FL 32095                                       SMW 
 02/25/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      RESTITUTION HEARING       041119  130P  LINE,FRANKLIN K.,    P-28725  SMC 
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      REMOVED FROM CALENDAR     032019  115P  LINE,FRANKLIN K.,    P-28725  SMC 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
 04/09/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      SCHEDULED FOR SENTENCING  052419  115P  LINE,FRANKLIN K.,    P-28725  SMC 
   1  MISCELLANEOUS ACTION      EMBEZZ >1000                                SMC 
      REMOVED FROM CALENDAR     041119  130P  LINE,FRANKLIN K.,    P-28725  SMC 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      REMOVED FROM CALENDAR     052419  115P  LINE,FRANKLIN K.,    P-28725  SMC 
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      RESTITUTION HEARING       052419  115P  LINE,FRANKLIN K.,    P-28725  SMC 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
 05/22/19                                                                       
   1  MISCELLANEOUS ACTION      EMBEZZ >1000                                DLM 
      ATT  SHEPPARD,ERIC JAMES                                     P-71914  DLM 
 05/24/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  DLM 
      REMOVED FROM CALENDAR     052419  115P  LINE,FRANKLIN K.,    P-28725  DLM 
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      RESTITUTION HEARING       062819  115P  LINE,FRANKLIN K.,    P-28725  SMC 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
 05/28/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  MEW 
      ATT  SHEPPARD,ERIC JAMES                                     P-71914  MEW 
      APPEARANCE RECEIVED, FILED                                            MEW 
      MISCELLANEOUS ACTION      ALL COUNTS                                  MEW 
                                                                                
 NAME: EAGLE/CHRISTOPHER/ALLAN              CASE NO: C121388      PAGE   7      
_______________________________________________________________________________ 
  DATE                      ACTIONS, JUDGMENTS, CASE NOTES             INITIALS 
_______________________________________________________________________________ 
      APPEARANCE TO PROBATION TO ADD TO PAPER                               MEW 
      FILE                                                                  MEW 
 06/18/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  MEW 
      FILE AND STIP TO ADJOURN TO JUDGE LINE                                MEW 
      FOR REVIEW                                                            MEW 
 06/19/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  JLO 
      SIGNED STIP TO ADJORN REST HEARING FILED                              JLO 
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      REMOVED FROM CALENDAR     062819  115P  LINE,FRANKLIN K.,    P-28725  SMC 
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      RESTITUTION HEARING       071219  115P  LINE,FRANKLIN K.,    P-28725  SMC 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
 07/11/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  DRT 
      REMOVED FROM CALENDAR     071219  115P  LINE,FRANKLIN K.,    P-28725  DRT 
      ADJOURNED; OTHER                                                      DRT 
 07/12/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      RESTITUTION HEARING       082719  115P  LINE,FRANKLIN K.,    P-28725  SMC 
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
 07/15/19                                                                       
   1  MISCELLANEOUS ACTION      EMBEZZ >1000                                DLM 
      NTA TO DEF,GILBERT AND ATTY SHEPPARD                                  DLM 
 07/23/19                                                                       
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
 07/30/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  DLM 
      PV ARRAIGNMENT            082719  115P  LINE,FRANKLIN K.,    P-28725  DLM 
 07/31/19                                                                       
      NOTICE TO APPEAR GENERATED                                                
                                ALL COUNTS                                  SMC 
 08/01/19                                                                       
   1  PROB VIOL FORM GENERATED  EMBEZZ >1000                                DLM 
      #3 FAILED TO REPORT TO PROBATION AS                                   DLM 
      DIRECTED ON 7/24/19. #5 FAILED TO                                     DLM 
      PAY FINES/COSTS/FEES OF $22,701.22.  #8                               DLM 
      FAILED TO ATTEND & SUCCESSFULLY                                       DLM 
      COMPLETE MENTAL HEALTH COUNSELING OR                                  DLM 
      PROVIDE VERIFICATION.  #11 FAILED                                     DLM 
      TO OBTAIN/MAINTAIN EMPLOYMENT OR PROVIDE                              DLM 
      VERIFICATION.                                                         DLM 
 08/28/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  SMC 
      SCHEDULED FOR PROBATION VIOLATION HEARING                                 
                                100319  900A  LINE,FRANKLIN K.,    P-28725  SMC 
      NOTICE TO APPEAR GENERATED                                                
                                                                                
 NAME: EAGLE/CHRISTOPHER/ALLAN              CASE NO: C121388      PAGE   8      
_______________________________________________________________________________ 
  DATE                      ACTIONS, JUDGMENTS, CASE NOTES             INITIALS 
_______________________________________________________________________________ 
                                ALL COUNTS                                  SMC 
 09/04/19                                                                       
      MISCELLANEOUS ACTION      ALL COUNTS                                  CLJ 
      SURETY                                                                CLJ 
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Lawmakers seek to protect law enforcement’s parking marked cars at home. (Florida Poltics)

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First the Florida Sheriffs decided that LEOs should have take-home Sheriff's cars, tripling automobile costs and providing lots of largess to local automobile dealers with unscrutinized contracts. Now they want to force property owners to allow deputies to bring their vehicles on properties they do not own.

Interesting.

I don't believe the utility of take-home Sheriffs cars is established. In St. Johns County, this means that even secretaries and clerical employees get free government cars. It is susceptible of waste, fraud and abuse.

I'm all for reining in the awesome power of overbearing homeowner associations (HOAs). This bill has merit.

Some snooty HOAs forbid people from having any work-associated cars. If you're a bricklayer and you have a truck with your name on it, some of these HOA satraps won't let you park it at home. Rather than proposing legislation protecting all employees, this special interest bill is sponsored by the Florida Sheriff's Association's toadies, applicable only to LEOs. The bills must be amended to include everyone's work vehicles, or else defeated.

From A.G. Gancarski in Florida Politics:




Ed Hooper wants to have law enforcement officers to be able to park their vehicles at home, despite HOA rules. Image via Colin Hackley.

INFLUENCE

Lawmakers seek to protect law enforcement’s parking marked cars at home

The Florida Sheriffs’ Association backs the legislation. 
Law enforcement officers make sacrifices most can’t imagine. One of them, according to lawmakers and police, is sometimes not being able to park their work cars at home.
New legislation in the House and Senate seeks to change that, and the sponsors rallied support Wednesday at the Capitol.
SB 476/HB 307, carried by Sen. Ed Hooper and by Rep. Chip LaMarca in their respective chambers, would allow law enforcement vehicles to park wherever the homeowner or leaseholder has the right to park.
Hooper, a Clearwater Republican, noted the genesis of the bill was an incident in Clearwater, where a police car parked in a subdivision ran afoul of the homeowner association (HOA).
“This issue came out of my district. An HOA informed a Clearwater police officer that she could not park her car in her driveway after she received a letter grandfathering her right to do so,” Hooper explained.Much as the Legislature stepped up to defend the right to fly the American flag against HOAs years back, now they will turn their attention to police parking, Hooper said.
LaMarca, a Broward County Republican, said the bill was important for law enforcement and public safety: “Arbitrary rules” from HOAs “do not allow a law enforcement officer who protects us every day” to park their cars in their neighborhoods.
These “completely unfair” rules are tantamount to “criticism and harassment” of police officers “in their own home,” LaMarca said.
The Florida Sheriffs’ Association is in support, with Gilchrist County Sheriff Robert “Bobby” Schultz saying it’s “ridiculous” that the Legislature has to step in: “You will stop crime by having a marked vehicle in these neighborhoods.”
Neither Hooper nor LaMarca worried that this was unreasonable preemption of local home rule: “The first role of government,” said Hooper, is “public safety.”

Rick Roth, the longtime Keys sheriff who brought the agency into the modern era, dies at 80. (Miami Herald)

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Miami Herald obituary candidly admits the corruption in Monroe County Sheriff's Department prior to the election of Sheriff Richard Roth.  If only our incredible shrinking shallow excuses for newspapers here in Northeast Florida candidly admitted the corruption in St. Johns County Sheriff's Department.  St. Johns County Sheriff LAWRENCE O. DAVIS was removed from office by Governor Claude Kirk and the Florida Senate, a datum misrepresented on the website of the St. Johns County Sheriff, DAVID SHOAR, who legally changed his name from "HOAR" in 1994.  SHOAR's website said that DAVIS was exonerated.  What a liar.  From Miami Herald:






Rick Roth, the longtime Keys sheriff who brought the agency into the modern era, dies at 80

 
Rick Roth, who retired as Monroe County’s sheriff in 2009 after 18 years as head of the department, and 43 years on the force, died at age 80. He is credited with modernizing the sheriff’s office in the Florida Keys.
Rick Roth, who retired as Monroe County’s sheriff in 2009 after 18 years as head of the department, and 43 years on the force, died at age 80. He is credited with modernizing the sheriff’s office in the Florida Keys. MONROE COUNTY SHERIFF'S OFFICE 
Rick Roth, Monroe County’s longest-serving sheriff, died Tuesday at the age of 80. 
He’s credited among his peers, predecessors and successors with not only modernizing the agency he served for 43 years, but cleaning it up from the days when it was more of a partner in, rather than a deterrent to, the drug smuggling trade.
“He kind of cemented down the legacy of the department as modern and progressive at all costs,” said Allison DeFoor, who was sheriff before Roth was appointed to the position by then-Gov. Bob Martinez in 1989. “When Rick started as a deputy, it wasn’t true.” 
Roth retired in 2009, after serving 18 years as sheriff. He was succeeded by Bob Peryam for one term and then Rick Ramsay, who remains in the position.
“I will be forever grateful for his friendship and mentorship,” said Ramsay, a career Keys sheriff’s deputy and one of Roth’s proteges. “He will always be remembered as one of the greatest leaders to wear the badge. Our thoughts are with his family and all who had the pleasure of knowing him.”
Roth died Tuesday night surrounded by his family and friends. Survivors include his two daughters and a granddaughter. His wife of 57 year, Sandra, died in 2016.
The sheriff’s office did not release a cause of death, although Roth had been battling cancer.
Roth as a young man.jpg
An undated photo shows former Monroe County Sheriff Rick Roth at a shooting range in Boot Key. Keynoter archive 
Roth’s career as a deputy included serving under then-Sheriff William Freeman in the 1970s, who strove to eliminate drug smuggling in the Keys, and to make sure his men and women were on the right side of the law. This included using polygraph machines for new recruits, an idea the rank and file at the time were dead set against, DeFoor said.
“Billy completely cleaned up the department,” DeFoor said. 
Roth also served as a deputy during the Mariel boatlift, the 1980 mass exodus of Cuban refugees to South Florida and the Florida Keys. 
“By the time he became sheriff, Sheriff Roth developed the professional vision that shaped the sheriff’s office into the modern agency that it is today,” sheriff’s office spokesman Adam Linhardt said. “He forged goals that made the sheriff’s office a state and nationally accredited law enforcement agency.”
Part of that vision was starting the TraumaStar helicopter air ambulance service in 2002. Begun with one aircraft, the service has grown into a three-helicopter operation that makes more than 1,000 flights a year, Linhardt said. 
Roth, born Nov. 19, 1938, in Minnesota, first came to the Keys in 1958 as a sailor serving at U.S. Naval Air Station Key West. During his service, he met Sandra, who worked at a restaurant in Marathon.
The couple married in March 1959, and their first daughter was born in 1960. The Roths moved back to Minnesota, and their second daughter was born in 1961.
In 1965, Roth was laid off from a tractor factory in Minnesota, and the family moved back to the Keys, where Rick found work in construction. But, he had a lifelong dream of becoming a police officer, and he began to think about it again after speaking with a friend of Sandra’s who worked at the sheriff’s office. 
They ended up moving back to Minnesota, but shortly thereafter, Rick received an application in the mail for the sheriff’s office. He returned it and quickly received a call saying he could start as a radio dispatcher if he got down to the Keys in the next two weeks. 
The Roths packed the car and drove to South Florida, right into the path of Hurricane Betsy in September 1965. 
Rick began work later that month and quickly moved up. By 1967, he was a road patrol officer, and two years later, he made detective. 
“This is a man that has dedicated his entire adult life to the service of his country and his community, and he has done it with integrity,” Peryam said when he succeeded Roth in 2009. “I think he is one of the best sheriffs the state has seen.”
Roth went on to lead two sheriff’s office substations before heading the department’s internal affairs division in 1989. 
That same year, DeFoor resigned to run for lieutenant governor under Martinez, who appointed Roth to fill the rest of DeFoor’s term, keeping the job until his retirement. 
DeFoor, who was also a Monroe County judge, prosecutor and public defender, said Tuesday that his only condition to being Martinez’s running mate was that Roth would take his place.
“Rick was my choice. What a great choice,” DeFoor said. “He had a long, good run.”
Profile Image of David Goodhue
David Goodhue covers the Florida Keys and South Florida for FLKeysNews.com and the Miami Herald. Before joining the Herald, he covered Congress, the Environmental Protection Agency and the Department of Energy in Washington, D.C. He is a graduate of the University of Delaware.

Trump’s Doral G-7 Self-Deal Is Worthy of Impeachment All on Its Own. (Slate)

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The insane racketeer in the Whitey Haus has done it again. This illegitimate dotard has awarded himself a no-bid crooked contract to host the G-7 at his own resort.

Conflicts of interests are to be scrupulously guarded against. See, e.g., United States v. Mississippi Valley Generating Co., 364 U.S. 520, 548 (1961)(the "Dixon-Yates" case involving TVA rivals' conflicts of interest in a proposed Memphis coal-fired powerplant), citing Matthew 6:24 -- "no [person] can serve two masters," holding that laws and rules preventing conflicts of interest are aimed "not only at dishonor but at conduct that tempts dishonor."   

Federal Acquisition Regulations state: "An organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition. In the latter case, some restrictions on future activities of the contractor may be required." FAR 9.502.   

TRUMP contracting with TRUMP violates both emoluments clauses in our Constitution  

This blatant corruption of our government is indefensible and must be ended at once.  

It is a blatant conflict of interest, illegal, immoral and unseemly, a stench in the nostrils of our Nation.  As the United Supreme Court held in United States v. Mississippi Valley Generating Company, all conflict of interest laws are based upon Matthew 6:24 ("A man cannot serve two masters"), which the unanimous Supreme Court decision by Chief Justice Earl Warren deemed to be both a "moral "moral principle" and a "maxim which is especially pertinent if one of the masters happens to be economic self-interest." 

This disgusting dictatorial dipstick is untethered to the truth or to ethics. While he claims to have learned about the military from a military school where his parents sent this incorrigible asinine spoiled brat, he's the opposite of the U.S. Military Academy at West Point, N.Y., whose Honor Code states, ""A cadet will not lie, cheat, steal, or tolerate those who do."

Speaking of which, did you see how General James Norman Mattis, formerly TRUMP's Secretary of Defense responded to Der Dotard's latest insult? TRUMP called him "overrated." General Mattis replied that TRUMP called Meryl Streep an "overrated actress," saying he was flattered, and that this makes him the "Meryl Streep of Generals.:

From Slate:








JURISPRUDENCE

Trump’s Doral G-7 Self-Deal Is Worthy of Impeachment All on Its Own


Trump speaking and gesturing, with Air Force One in the background.
President Donald Trump arrives at Naval Air Station Joint Reserve Base Fort Worth* in Texas on Thursday.
Nicholas Kamm/Getty Images

Donald Trump has flagrantly abused the power of his office to line his own pockets. Again.
Acting White House chief of staff Mick Mulvaney announced on Thursday that the president selected his own Trump Doral golf resort as the site of June’s G-7 summit. Heads of state and diplomats will congregate at his own property—which is in steep decline and needs extra business in June. The move ensures that other nations will spend millions of dollars housing hundreds of personnel at Trump’s resort, funneling money from foreign governments into the president’s business. There are myriad other potential locations, but Trump chose to award the contract to himself.
The president’s decision to exploit the G-7 summit for personal enrichment is so obviously corrupt, so shameless and extortionary, that it seems strange to debate whether it is also unlawful. And yet, from the start of Trump’s tenure, his opponents have struggled to find an effective line of legal attack against his self-dealing. Government watchdogs have sued him in federal court, but their efforts have stalled—in part because judges have struggled with the unprecedented nature of the offense: No other president has bilked his office for so much cash. It seems implausible that the Constitution would provide no mechanism to halt such brazen corruption. And yet, here we are, well more than halfway through Trump’s term, and the president’s heists are only getting more blatant. Can anything or anyone stop his raid on the public fisc?
One strategy, initiated shortly after Trump took office, has been to ask the federal judiciary to enforce the Constitution’s emoluments clauses. These provisions sound abstruse because nobody uses the word emolument in casual conversation. But the Framers intended it to mean a payment, gift, or service. The foreign emoluments clause bars any federal officeholder, including the president, from receiving an emolument from a foreign state without congressional approval. The domestic emoluments clause explicitly prohibits the president from receiving any emolument (beyond his official salary) from any state or the federal government. There’s no exception for congressional approval.
It is pretty apparent that Trump has repeatedly violated both clauses. For instance, foreign diplomats routinely stay at the Trump International Hotel in Washington, in part to curry favor with the president. By accepting payments at his own property from another government—without obtaining permission from Congress—Trump likely violated the foreign emoluments clause. Or consider the allegations that Trump directed the Air Force to stop at his Turnberry resort in Scotland. By funneling federal money into his property, Trump likely violated the domestic emoluments clause.
There isn’t anything especially complicated about this constitutional theory. Ample evidence indicates that the Framers intended the emoluments clauses to function as a safeguardagainst government corruption—and, in particular, foreign influence in affairs of state. But the numerous plaintiffs who’ve sued the president of accepting illegal emoluments keep getting tripped up on a preliminary roadblock. To successfully sue Trump for emoluments, these plaintiffs must prove they have standing, meaning they are actually injured by his actions. And it turns out to be quite difficult to prove that the president’s corruption negatively affects you in a concrete way.
There a few possible routes around this barricade. In September, the 2nd U.S. Circuit Court of Appeals ruled that hotels and restaurants competing with Trump’s properties had standing to sue. The court held that the plaintiffs had plausibly argued that they faced unfair competition from Trump, because foreign and domestic government employees patronize his business to earn his favor. In 2018, a federal judge ruled that members of Congress also had standing to sue, because they were denied the opportunity to approve Trump’s foreign emoluments. (That decision is on hold as it’s appealed.)
The District of Columbia and Maryland are also battling out their own emoluments suit. Their attorneys general argue that Trump’s D.C. hotel draws foreign and domestic government officials away from Maryland (which wants the tax revenue) and the D.C. convention center (which is taxpayer funded). A panel of judges for the 4th U.S. Circuit Court of Appeals found neither jurisdiction had standing, but the full court will reexamine its decision in December.
This litigation is not exactly flashy given that it is bogged down in the arcana of a boring legal doctrine. Nor is the potential remedy all that clear. Trump could be ordered to divestfrom his businesses or put them in a genuinely blind trust. He would not profit so directly—but his name would remain on the buildings, and those seeking to help out his business for unscrupulous purposes could still do so with ease. The plaintiffs may be less focused on this ultimate remedy and more intent on gaining access to the finances and inner workings of the president’s business empire during discovery.
I think that, at a minimum, the D.C. and Maryland plaintiffs have made a strong argument for standing and should prevail on the merits. But I am increasingly skeptical that emoluments litigation is sufficient to address the magnitude of Trump’s crimes. There are real limits on the judiciary’s ability to counteract presidential misconduct. A court could certainly demand divestment—but it is virtually inconceivable that, for example, any judge would block Trump’s award of the G-7 summit to his Doral resort. The president’s emoluments violations strike at the heart of the Constitution’s protections against executive malfeasance. Yet the courts are ill-equipped to redress Trump’s seemingly endless abuses of office. Using the emoluments clauses to attack the president’s conflicts of interest can feel like fending off a grizzly bear with a badminton racket. It’s better than nothing if it’s the only tool you have. But you’ll probably still get eaten.
No court is going to strip Trump’s ownership of his businesses. No court will force him to give up the cash he has earned from foreign states, or compel Congress to take a vote on his emoluments. The crimes here may be of constitutional nature, but the ideal remedy is political: ejecting Trump from office. That’s why my colleague Jeremy Stahl has urged the House of Representatives to include articles of impeachment that cite Trump’s emolument violations. If Democrats take no action over the Doral outrage, they will only contribute to the feeling of powerlessness that threatens to paralyze the country.
Rep. Jamie Raskin, a Democratic member of the House Oversight and Judiciary committees, told the Washington Post that the House may pass a resolution disapproving the Doral contract. If Trump refuses to relocate the summit, Raskin said, representatives may consider investigating the deal and adding emoluments to their articles of impeachment. That move would be wise both legally and politically, allowing the House to fulfill its constitutional duties while correctly accusing the president of disregarding his own.
Trump’s lawyers, as well as the Department of Justice, have argued that courts cannot prevent the executive from profiting off the presidency. That leaves just one avenue of relief: impeaching Trump and removing him from office. If the Doral disaster doesn’t spur House Democrats to prioritize Trump’s graft in their impeachment inquiry, it’s hard to see what will.

A white mob attacked Elijah Cummings for integrating a swimming pool. He was 11. (WaPo)

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Baltimore and America have lost a liberal lion who stood up for human rights and did not cower to power.

Elijah Cummings was the son of preachers and sharecroppers who rose to become chairman of the House Oversight and Reform Committee, skewering DONALD JOHN TRUMP and all of his works and pomps.

I often had a chance to observe the poverty in Baltimore, riding AMTRAK from Philadelphia to Washington, D.C., peering into people's backyards and the sere remnants of factories. This article reveals the racist redneck peckerwoods who attacked an eleven year old African-American boy for swimming.

Historically, Baltimore and Maryland were pro-secession and pro-segregation.

President-elect Abraham Lincoln was almost assassinated there in February 1861 on the way to his Inauguration. Only deft suspension of the writ of habeas corpus and arrest of secessionist legislators kept Maryland in the Union in 1861. Otherwise, Maryland might have joined the criminals in the Confederacy, isolating Washington, D.C.


From The Washington Post:





Rep. Elijah E. Cummings (D-Md.), speaks during a luncheon at the National Press Club in Washington earlier this year. (Patrick Semansky/AP) (Patrick Semansky/AP)
Rep. Elijah E. Cummings (D-Md.), speaks during a luncheon at the National Press Club in Washington earlier this year. (Patrick Semansky/AP) (Patrick Semansky/AP)

Rep. Rutherford supports Kurdish bloodbath; Sen. Romney denounces Trump’s Syria decision as ‘a bloodstain’ on U.S. history (WaPo)

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Dull Republican U.S. Representative JOHN HENRY RUTHERFORD(R-FL4), misrepresenting St. Johns County and our Northeast Florida 4th Congressional District, was one of only 60 rebarbative retromingent repulsive Republicans to vote against the resolution condemning President DONALD JOHN TRUMP's Syrian bloodbath.

Reprobate U.S. Rep. RUTHERFORD, the former Duval County Sheriff: you own this,

You have no morals, no backbone and no spine. You just voted for a bloodbath of our own allies. You stink on ice.

In sharp and contrast, St. Johns County's other Freshman Republican U.S. Rep. Michael George Glenn Waltz, who represents Florida's 6th Congressional District, including the southern half of St. Johns County, voted FOR the resolution.

Rep. Waltz is a former U.S. Army National Guard Special Forces officer, Afghanistan war veteran and is the first Green Beret ever elected to the United States Congress. He served in a senior role at The Pentagon as Director for Afghanistan policy within the Office of the Secretary of Defense, served as a senior advisor to Vice President Richard Cheney for South Asia and Counterterrorism in the George W. Bush Administration. Rep. Waltz has character. Rep. Waltz knows that you do not abandon your allies.

What President DONALD JOHN TRUMP did to the Kurdish people is a stench in the nostrils of America. Only 60 members of Congress were okay with that. One of them, JOHN HENRY RUTHERFORD, needs to be defeated in 2020.






In this image fro video, Sen. Mitt Romney (R-Utah) speaks on the Senate floor Thursday to condemn President Trump’s decision to pull U.S. troops out of northern Syria. (AP)
In this image fro video, Sen. Mitt Romney (R-Utah) speaks on the Senate floor Thursday to condemn President Trump’s decision to pull U.S. troops out of northern Syria. (AP)

Florida’s top domestic violence nonprofit has flouted state audit for more than a year (Miami Herald/Tampa Bay Times)

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There are lots of dodgy 501c3s in Florida, including St. Johns County's own Betty Griffin House, which receives money from this state-funded organization that is flouting an audit.

Betty Griffin House remained silent and refused to speak with The New York Times for nine months in 2013 about the September 2, 2010 murder of Michelle O'Connell in the home of Deputy Jeremy Banks.
On December 7, 2016, during a break in the proceedings before Judge Howard O. McGillin in the case of Richard Burtt O'Brien v. Thomas Reynolds, I asked the BGH rep in the courtroom about BGH's silence on the case of State of Florida v. JEREMY BANKS; she impulsively said BGH was on his side.  Despicable.

Officer Involved Domestic Violence is of little interest to organizations that are in bed with corrupt Sheriffs like DAVID BERNARD SHOAR, who legally changed his name from "HOAR" in 1994.

This statewide 501c3's grants should be withheld and the State Attorney General needs to sue for an accounting, an ancient equitable remedy.

From Miami Herald/Tampa Bay Times:





Florida’s top domestic violence nonprofit has flouted state audit for more than a year

 
An American flag flies over the Florida Capitol, Tuesday April 23, 2019 in Tallahassee.
An American flag flies over the Florida Capitol, Tuesday April 23, 2019 in Tallahassee.  AP

The Florida Coalition Against Domestic Violence is a nonprofit, but in many ways, it operates like an arm of state government.
It contracts with the state Department of Children and Families to oversee domestic violence programs across the state. It receives more than $51 million in government funding — from Florida and federal programs — which it parcels out to 42 domestic violence centers. It is even enshrined by name in state law, thanks to a 2003 bill signed by former Gov. Jeb Bush, a longtime booster for the organization.
But the coalition, for the last 13 months, has flouted the state’s oversight with little consequence.
The Florida Department of Children and Families started a review of the coalition’s finances last summer after the Miami Herald reported president and CEO Tiffany Carr was paid $761,000 the prior fiscal year. But it has not been able to “move forward” with an audit for more than a year because the coalition won’t hand over documents the department is requesting.
Those documents include basic items like the coalition’s general ledger, minutes from meetings and personnel files containing compensation information for top executives.
Despite being ignored, DCF — which is directed by statute to contract with the coalition — extended its contract with the nonprofit twice through June 2020, as it keeps trying to resolve what it calls “outstanding compliance issues.”
At first, the department said only that it would “continue to seek answers and a clear explanation of the use of taxpayer dollars for executive salaries within FCADV.” DCF did not respond to questions asking if it has taken any legal action to enforce its requests for documents or what justification the coalition had provided for not cooperating with the department’s review.

After repeated inquiries by the Herald/Times about the status of the audit, DCF said Wednesday night that it was “not willing to continue working with a provider who will not account for how they are utilizing taxpayer dollars” — that unless the issues are resolved, the state is unlikely to continue its contract with the coalition.
The coalition’s outright refusal to cooperate since last August is “extraordinary, to behave in this way,” said University of Miami professor Frances Hill, who teaches about nonprofit issues and writes a twice-yearly treatise on tax-exempt organizations. 
“I’ve never heard of it before,” she added. “The word gobsmacked could perhaps be used in this context.”
Anna Eskamani, a Democratic state representative from Orlando who had reached out several times to Gov. Ron DeSantis’ office questioning Carr’s high compensation, said the coalition’s lack of response was suspicious. 
“If you haven’t completed a financial audit, then you’re hiding something,” she said.
Carr and Sandy Barnett, the coalition’s vice president, did not respond to a request for comment. They also did not answer multiple questions, including why the coalition has not provided documents and how the board determined Carr’s most recent yearly compensation.

RISING SALARY

A nonprofit domestic violence coalition exists in every state, but Florida’s is empowered far more than most, if not all, its counterparts. It is tasked with overseeing the funding of 42 certified domestic violence centers in the state, and acts as a pass-through entity for state and federal funds.
In addition to being the largest domestic violence coalition in the country, the Florida organization is also specified in state law as a de facto partner to DCF in addressing domestic violence, though it operates under a contract with the department.
That state law, signed in 2003 by Bush, also expanded its budget and required all state funds for domestic violence programs to go through the coalition.
Carr, who has run the coalition for nearly two decades, has overseen the growth of the coalition’s responsibilities — and its funds. The nonprofit’s budget has increased to more than $52 million as of last year, according to its most recent IRS documents, almost entirely comprising money from state government and federal programs such as the Victims of Crime Act. The budget also includes money generated by court fines in domestic violence cases, according to past financial documents.
Read Next 

More bad news for the survival of the Republican Party (Jennifer Rubin, WaPo)

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Bad news for the bad guys, like corrupt St. Johns County Sheriff DAVID BERNARD SHOAR, Republican Lord of All He Surveys, who legally changed his name from "HOAR" in 1994, for vote fraudster MICHEL SERGE PAWLWSKI, D.Sci., for dirty trickster ROBERT THORNTON SMITH, and Flagler College Chancellor and former State Representative Dr. WILLIAM LEE PROCTOR, Ed.D. and other St. Johns County rebarbative retromingent right-wing Republican dinosaurs.

Your once "Grand Old Party" is in shreds thanks to the election of a bumptious bigoted billionaire who is Vladimir Vladimirovich Putin's Puta.

Fasten your seatbelts, you're in for a bumpy night," as Bette Davis would say.

From columnist Jennifer Rubin of The Washington Post:




(Erika P. Rodriguez for The Washington Post)
(Erika P. Rodriguez for The Washington Post) 

Manatee County NAACP Leader speaks out after arrest at city council meeting (News Channel 8)

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This is the kind of abuse of citizens that has Florida residents ready to elect new leaders in 2020.

Several past local Mayors in St. Augustine, and current St. Augustine Beach Mayor UNDINE PAWLOWSKI GEORGE have abused their powers to remove citizens from meetings, but no arrests.  Our new Mayor, Tracy Upchurch has not abused his powers.  He's a law and history professor at Flagler College.  Mayor Upchurch is a fine example of how a leader should act: treating everyone with dignity, respect and consideration.

The St. Augustine Port, Waterway and Beach District Chairman, BARRY MARK BENJAMIN, could profit from his example.






Manatee County NAACP Leader speaks out after arrest at city council meeting

MANATEE COUNTY
NAACP arrest
The head of the Manatee County NAACP was dragged out of a Bradenton city council meeting and arrested. Now he’s speaking out.
On Wednesday, public comment at the Bradenton city council meeting was over. But Rodney Jones, the president of the NAACP Manatee County Chapter wanted to speak, so the mayor of Bradenton let him approach the dais.
Jones started sharing his concerns that Bradenton police were intimidating him, but his three minutes were up.
“I need a little more time, sir, this is critical,” Jones snapped.
Jones refused to sit down.
“I’m going to finish either way. I’m going to finish either way.”
Bradenton police officers, including the chief urged him to sit, but he wouldn’t, so Jones was dragged away and arrested.
On Friday, he took as much time as he needed.
“I have put my entire life on the line. For this community and my family and these people here and I’ll do it again and I’ll do it again,” said Jones.
Jones says he’s been complaining to police about possible allegations of police brutality.
He says recently a mysterious car sat in front of his home, and he believes it could’ve been an unmarked police car keeping watch on him. He feels he’s being intimidated and he wants a full investigation.
“I go to complain about a complaint about my safety and my daughter and my community and I was removed!” cried Jones. “We believe that all people have a right to be safe. We believe all people have a right not to be intimidated.”
Bradenton police are investigating all his complaints. The NAACP has not responded to our requests for comment. 
Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Harber v. City of Clinton, Tennessee federal civil rights lawsuit for wrongful arrest in public meeting

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"Ideas have consequences," as my political theory professor, Jose Sorzano, taught at Georgetown,

Our Founders enacted the First Amendment to protect our rights to free speech and free thought.

The idea that a government official can silence a citizen from speaking at a government meeting is repugnant to our democracy, and the ideals for which generations of Americans fought and died, commencing in 1775.

The Mayor of Clinton, Tennessee had my law school classmate, J. Phillip Harber, arrested in retaliation for speaking at a public meeting.  He sued.  The case settled in six weeks.

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us." West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943)

At the October 15, 2019 meeting of the St. Augustine Port, Waterway and Beach District Commission the seemingly "high and petty" showed their animus and their affinity for asininity:

  • Port Chairman BARRY MARK BENJAMIN ordered a police officer to eject citizen Thomas F. Reynolds in retaliation for his asking for public comment on the first-ever attorney contract before District lawyer JAMES EDWIN BEDSOLE, who encumbered the position for ten (10) years without a written contract. Citizens have a right to speak in public comment before actions are taken. BENJAMIN said Mr. Reynolds could speak after it.
  • Port Chairman BENJAMIN and Vice Chair THOMAS RIVERS (St. Johns County Republican State Commeitteeman) took it upon themselves to denounce First Amendment protected activity by citizens and Commissioner Sandy Flowers, with RIVERS rudely demanding I stop filing open records requests, then after the meeting concluded, telling Kenneth Crowder that Commissioner Flowers and I were "a couple of nutcases."
For those crazy coots currently encumbering the Chair and Vice Chair seats on the St. Augustine Port, Waterway and Beach District (or anyone else) who have or would like to, abuse their powers to suppress free speech rights here in God's Country: don't even think about doing it again.

The United States Supreme Court last year decided the case of Fane Lozman v. City of Riviera Beach, Florida, 138 S.Ct. 1945 (2018), remanding for trial the case of an activist wrongfully arrested for speaking at a meeting.

Before Lozman, the Harber v. City of Clinton, Tennessee federal court civil rights case was swiftly settled in 2003, within six (6) weeks of being filed.

Federal court juries and insurance companies don't cotton to government officials who violate public rights to speak out in meetings.

Thanks to the teachable moment in the Phil Harber case, even East Tennessee redneck peckerwoods now know better, thanks to Harber v. City of Clinton, Tennessee did in this case.

If a federal or state court jury ever got to hear about the corruption in St. Johns County, any citizen so maltreated by our local governments would win damages and injunctive relief. It would not help tourism and it would probably raise our governments' insurance rates.

In 1775, Virginia legislator Patrick Henry said, "“Tarquin and Caesar had each his Brutus, Charles the First had his Cromwell, and George the Third …” At that point many legislators, recognizing the implications of Henry’s remarks, interrupted him with shouts of “treason!” Henry paused briefly, and then resumed: “… and George the Third may profit by their example.”

Reading the complaint in Harber v. City of Clinton, Tennessee, perhaps our St. Augustine Port, Waterway and Beach District Chairman, BARRY MARK BENJAMIN, and Vice Chairman, THOMAS RIVERS, will "profit from their example."

There's no guarantee that insurance will cover a judgment, where the Port Chairman is abusing his government position for the purpose of violating the rights of people criticizing unethical conduct.

A model of good legal draftsmanship, here's the federal civil rights complaint filed on behalf of my Memphis law school classmate, J. Phil Harber, who was very ably represented by my East Tennessee civil rights lawyers, Messrs. Herbert S. Moncier of Knoxville and David A. Stuart of Clinton in the United States District Court for the Eastern District of Tennessee.






IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

JOHN PHILLIP HARBER,                                         )       Case No.   3:03-cv-259
Plaintiff,                                                                       ).      JURY DEMANDED
v.                                                                                  )
MICHAEL JONES                      )
     in his individual             )
and in his official )
capacity as a police officer )
the City of Clinton Tennessee;)
WINFRED E. SHOOPMAN                )
in his individual )
and in his official capacities)
as Mayor for )
the City of Clinton Tennessee;)
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in his individual
and in his official capacities )
as City Administrator for )
the City of Clinton Tennessee; )
ROBERT C. HILL,                    )
GARRY WHITLEY, )
PATSY A. MEREDITH )
JERRY H. SHATTUCK )
HARRY E. PATTON )
in their individual                )
and in their official              )
capacity as City )
Councilpersons for )
the City of Clinton Tennessee; )
and
ANDERSON COUNTY TENNESSEE
Defendants.

COMPLAINT
Comes now Plaintiff, John Philip Harber, and sue Defendants and for his cause of action against them says:
                           JURISDICTION
1. This is an action pursuant to 42 U.S.C. §§ 1983, 1985 and 1988 for violations of Plaintiffs’ Fourth, Fifth, and Fourteenth Amendment rights guaranteed them under the United States Constitution.
2. Plaintiffs also bring pendent state claims in this action for false arrest, false imprisonment assault and battery, and state statutory violations.
3. The acts complained of occurred in Anderson County Tennessee in the Eastern District of Tennessee. This Court has jurisdiction over the statutory and constitutional claims pursuant to 28 U.S.C. §§ 1331 and 1343 and over the state claims pursuant to pendent jurisdiction recognized in federal law and in Rule 18 of the Federal Rules of Civil Procedure.
THE PARTIES
4. Plaintiff JOHN PHILIP HARBER is a resident of Anderson County Tennessee.
5. Defendant STEVE JONES is the City Manager for the City of Clinton Tennessee and is sued in his individual capacity and his official capacity as City Manager for the City of Clinton Tennessee.
6. Defendant MICHAEL JONES is a police officer for the City of Clinton Tennessee and is sued in his individual capacity and his official capacity as a police officer the City of Clinton Tennessee.
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7. Defendant WINFRED E. SHOOPMAN is the Mayor for the City of Clinton Tennessee and is sued in his individual capacity and his official capacity as Mayor for the City of Clinton Tennessee.
8. Defendants ROBERT C. HILL, GARRY WHITLEY, JERRY H. SHATTUCK, PATSY MEREDITH and HARRY E. PATTON are members of the City Council for the City of Clinton Tennessee and are each sued in their individual capacities and in their official capacities as City Council members for the City of Clinton Tennessee.
9. Defendant CITY OF CLINTON TENNESSEE is an incorporated municipality organized and authorized under the laws of the State of Tennessee.
10. Defendant ANDERSON COUNTY TENNESSEE is a political subdivision of the State of Tennessee.
                         FACTUAL AVERMENTS
11. On April 21, 2003 Plaintiff appeared before Defendant, CITY OF CLINTON TENNESSEE, at a meeting of its City Council to seek redress for restrictions placed upon Plaintiff’s statutory and constitutional rights to access to public records in the City of Clinton Municipal Court.
12. Plaintiff was invited to speak to the City Council as a member of the public.
13. Plaintiff stated his grievances to the City Council regarding his disparate treatment for access to Public Records.
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14. Plaintiff stated his grievance to the City Council that others who request public records of the City of Clinton Municipal Court are not required to follow the procedures or pay the same monies for access to public records as the City of Clinton required of Plaintiff.
15. Plaintiff stated that he would not pay the City of Clinton for researching his request for access to public records and that he would sue before he would do so.
16. Defendant SHOOPMAN and Defendant HILL interrupted Plaintiff’s grievance to City Counsel.
17. Defendant SHOOPMAN stated that if Plaintiff was going to sue “us” then “we” don’t need to go any further and listen to any of Plaintiff’s grievances.
18. Plaintiff responded by saying “thank you” and proceeded to leave.
19. Defendant HILL's wife grabbed Plaintiff by the arm as Plaintiff was leaving.
20. Plaintiff instructed Defendant HILL’S wife to take her hands off of him and protested being grabbed.
  1. Plaintiff committed no violation of the law.
  2. Plaintiff left the meeting.
  3. Defendant SHOOPMAN instructed Defendant STEVE
JONES to contact the Chief of Clinton Police Department.
24. Defendant STEVE JONES, pursuant to the instructions of Defendant SHOOPMAN, caused a chain of events that

resulted in Plaintiff to be arrested.
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25. Defendant STEVE JONES provided Defendant MICHAEL JONES false information that was intended to and did cause the Plaintiff’s arrest.
26. Defendant STEVE JONES instructed Defendant MICHAEL JONES to arrest Plaintiff.
27. Defendant MICHAEL JONES acting on the false information received from Defendant STEVE JONES, and as a Police Officer for the City of Clinton Tennessee, made a custodial arrest of Plaintiff for the commission of an alleged misdemeanor that was not committed in his presence.
28. Defendant SHOOPMAN stated during the City Council Meeting that actions were taken because Plaintiff came down to “threaten us with a lawsuit”.
29. Defendants STEVE JONES, HILL, WHITLEY, SHATTUCK, MEREDITH and PATTON acquiesced in actions and statements of Defendant SHOOPMAN and Defendant STEVE JONES.
30. Plaintiff was taken by Defendant MICHAEL JONES to Defendant ANDERSON COUNTY TENNESSEE and placed in the custody of the Anderson County Detention Facility without a mittimus, without a warrant, and without judicial authority.
31. Plaintiff was held in the Anderson County Detention Facility for approximately three hours.
32. On April 22, 2003, the day after Plaintiff had served three hours in jail, Defendant MICHAEL JONES appeared before a deputy court clerk and made to an application for a warrant charging Plaintiff with "Disrupting a Meeting or Procession - T.C.A. § 39-17-306" by "yelling and cursing" after
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Plaintiff "threatened to sue the city . . .[and was] told that the discussion was over and that he needed to leave.”
33. The allegations of the affidavit of complaint were
false.
34. On April 28, 2003 the charge was dismissed against Plaintiff.
35. The allegations of the foregoing paragraphs are incorporated into the following counts as if fully set forth therein:
                            COUNT ONE:
VIOLATIONS OF 42 U.S.C. §§ 1983 and 1988
36. Defendants, acting individually and in joint concert with each other, and under color of state law, violated the following clearly established constitutional rights guaranteed Plaintiff by the First, Fourth, Fifth, Sixth and Fourteenth Amendments to the Untitled States Constitution for which Defendants are individually and jointly liable to Plaintiff pursuant to Title 42 U.S.C. § 1983 for injunctive relief and damages.
       I.   First Amendment Denial of Redress For Grievances
37. Defendant SHOOPMAN and Defendants HILL, WHITLEY, SHATTUCK, MEREDITH and PATTON invite and permit members of the public to speak to the Mayor and City Council at its regularly scheduled meetings.
38. Plaintiff having been invited and permitted to speak to Defendant SHOOPMAN and Defendants HILL, WHITLEY,
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SHATTUCK, MEREDITH and PATTON was thereafter denied his clearly established constitutional right under the First Amendment to petition government for redress of grievances by being instructed by Defendant SHOOPMAN that Plaintiff could not tell Defendant CITY OF CLINTON TENNESSEE that he would sue rather than pay for research of his request for access to public records and by Defendant SHOOPMAN suppressing Plaintiffs grievances under the color of the authority of Defendant SHOOPMAN as Mayor of the City of Clinton and of Defendants HILL, WHITLEY, SHATTUCK, MEREDITH and PATTON as City of Clinton Council members.
            II.  First Amendment Denial of Free Speech
39. Defendant SHOOPMAN and Defendants HILL, WHITLEY, SHATTUCK, MEREDITH and PATTON invite and permit members of the public to speak to the Mayor and City Council at its regularly scheduled meetings.
40. Plaintiff having been invited and permitted to speak to Defendant SHOOPMAN and Defendants HILL, WHITLEY, SHATTUCK, MEREDITH and PATTON was thereafter denied his clearly established constitutional right under the First Amendment to free speech by being instructed by Defendant SHOOPMAN that Plaintiff could not tell Defendant CITY OF CLINTON TENNESSEE that he would sue rather than pay for research of his request for access to public records and by Defendant SHOOPMAN suppressing Plaintiff’s speech under the color of the authority of Defendant SHOOPMAN as Mayor of the City of Clinton and of Defendants HILL, WHITLEY, SHATTUCK, MEREDITH and PATTON as City of Clinton Council members.
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  III. Fourteenth Amendment Denial of Equal Protection of the Law
41. The State of Tennessee has provided to its citizens pursuant to Article I, Section 17 of the Tennessee Constitution a fundamental right to seek redress from the courts for wrongs done them.
42. Plaintiff was denied his clearly established right to Equal Protection of Tennessee's Constitution Article I, Section 17 right to redress from the Courts for wrongs done him by being instructed by Defendant SHOOPMAN that Plaintiff could not tell Defendant CITY OF CLINTON TENNESSEE that he would sue rather than pay for research of his request for access to public records.
  IV.  First Amendment Chilling Effect On the Exercise of Freedom
of Speech and Redress of Grievances
43. Statements made by and acquiesced and agreed to by Defendants during a public meeting of the City of Clinton Council are made under color of state law and have a substantial effect on the rights and privileges of persons subject to the authority of that body including Plaintiff.
44. The statements of Defendant SHOOPMAN acquiesced and agreed to by Defendants HILL, WHITLEY, SHATTUCK, MEREDITH and PATTON that they would not permit Plaintiff to state at a public forum that Plaintiff will sue Defendant CITY OF CLINTON TENNESSEE creates a chilling effect on Plaintiff’s clearly established constitutional rights and the rights of the public under the First Amendment of Freedom of Speech and Redress of Grievances for which injunctive relief is appropriate.
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     V.   Fourth, Fifth and Fourteenth Amendment False Arrest
45. The Fourth Amendment to the United States Constitution creates a clearly established constitutional right to be free from arrest and seizure except upon probable cause.
46. Defendants STEVEN JONES and MICHAEL JONES arrested, seized and imprisoned Plaintiff without probable cause and thereby violated Plaintiff’s clearly established rights guaranteed him pursuant to the Fourth, Fifth and Fourteenth Amendment to the United States Constitution.
        VI.  Fourteenth Amendment Unlawful Custodial Arrest
47. T.C.A. § 40-7-118 provides persons arrested for specified misdemeanors in Tennessee a fundamental right to be cited to court in lieu of a custodial arrest.
48. By making a custodial arrest of Plaintiff, Defendants STEVEN JONES and MICHAEL JONES violated Plaintiff’s clearly established rights guaranteed him pursuant to Fourteenth Amendment to the United States Constitution to the equal protection of Tennessee Laws as provided in T.C.A. § 40-7-118 requiring the issuance of a citation in lieu of custodial arrest.
   VII. Fifth, Sixth and Fourteenth Amendment Summary Punishment
49. The Fifth, Sixth and Fourteenth Amendments to the United States Constitution provide persons a clearly established right not to be punished prior to being provided due process of law and a fair trial.
50. Defendants STEVEN JONES and MICHAEL JONES imposed summary punishment on Plaintiff by a custodial arrest and thereby
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violated Plaintiff’s clearly established rights under the Fifth, Sixth and Fourteenth Amendment rights to due process of law prior to being denied his liberty.
 VIII.     Fourteenth Amendment Denial of Equal Protection of the
Law to Access to Public Records
51. T.C.A. § 10-7-503 provides all citizens of Tennessee a fundamental right of access to public records during normal business hours.
52. Defendant CITY OF CLINTON TENNESSEE imposed restrictions on Plaintiff's fundamental right to access public records of the City of Clinton Tennessee not imposed on other citizens.
53. The disparate restrictions placed on Plaintiff’s fundamental right of access to public records violated Plaintiff's clearly established constitutional right to the equal protection of the law guaranteed him by the Fourteenth Amendment.
                            COUNT TWO:
VIOLATIONS OF THE TENNESSEE CONSTITUTION
54. Each of the acts asserted in Count One, Paragraphs I - VIII are incorporated herein as if fully set forth.
55. In doing said acts Defendant MICHAEL JONES and Anderson County deputy sheriffs violated Plaintiff’s constitutional rights guaranteed Plaintiff by Article I, Sections 7, 8, 13 and 16 for which wrongs Plaintiff is guaranteed a remedy at law pursuant to Article I, Section 17.
COUNT THREE:
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FALSE ARREST
56. Defendants, acting individually and in joint concert with one another, falsely arrested Plaintiff without probable cause.
                            COUNT FOUR:
FALSE IMPRISONMENT
57. Defendants, acting individually and in joint concert with one another, falsely imprisoned Plaintiff without a mittimus and without probable cause.
                            COUNT FIVE:
UNLAWFUL CUSTODIAL ARREST
58. T.C.A. § 40-7-118 required that Defendant MICHAEL JONES issue a citation to Plaintiff in lieu of Plaintiff’s custodial arrest.
59. Defendant STEVE JONES and MICHAEL JONES, acting individually and in joint concert and in agreement with one another, unlawfully denied Plaintiff his rights under T.C.A. § 40-7-118 and unlawfully made a custodial arrest of Plaintiff; unlawful seized Plaintiff; and unlawfully caused Plaintiff to be jailed.
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                            COUNT SIX:
LIABILITY OF DEFENDANT CITY OF CLINTON TENNESSEE
60. The allegations of the foregoing paragraphs are incorporated herein as if fully set forth.
61. Defendants' actions were operational in nature for which Defendant CITY OF CLINTON TENNESSEE is liable.
62. At all material times, Defendants were acting pursuant to the policies, practices and customs created and established by Defendant CITY OF CLINTON TENNESSEE for which Defendant CITY OF CLINTON TENNESSEE is liable.
63. At all material times, Defendants were sufficiently high-ranking officers of the City of Clinton Tennessee to make their decisions and acts the policy of Defendant City of Clinton Tennessee for which Defendant CITY OF CLINTON TENNESSEE is liable.
64. Employees of Defendant CITY OF CLINTON TENNESSEE including but not limited to the named Defendants, were negligent in failing to prevent the unlawful custodial arrest of Plaintiff and permitting the false imprisonment of plaintiff without a mittimus, for which negligence Defendant CITY OF CLINTON TENNESSEE is liable under the Tennessee Governmental Tort Liability Act.
                           COUNT SEVEN:
LIABILITY OF DEFENDANT ANDERSON COUNTY, TENNESSEE
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65. At all material times, Defendant ANDERSON COUNTY TENNESSEE had policies, practices and customs that were in joint concert with and coordinated with the policies, practices and customs of Defendant CITY OF CLINTON TENNESSEE that permitted the violations of Title 42 U.S.C. § 1983 and state rights of Plaintiff for which Defendant ANDERSON COUNTY TENNESSEE is liable.
66. Defendant ANDERSON COUNTY TENNESSEE has a policy and procedure to take custody of persons arrested by Defendant CITY OF CLINTON TENNESSEE without a warrant, a mittimus or judicial authority of any kind and is thereby jointly liable with Defendant CITY OF CLINTON TENNESSEE for the false arrest and imprisonment of Plaintiff without a mittimus.
67. Defendant ANDERSON COUNTY TENNESSEE has a policy and procedure to take custody of persons arrested by police officers of the Defendant CITY OF CLINTON TENNESSEE without said police officers complying with T.C.A. § § 40-7-118 and is thereby jointly liable with Defendant CITY OF CLINTON TENNESSEE for the false arrest and imprisonment of Plaintiff without a mittimus.
COUNT EIGHT
                      OUTRAGEOUS CONDUCT AND
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
68. Plaintiff avers that Defendants SHOOMAN, STEVE JONES, and MICHAEL JONES participated in and engaged in conduct that was so outrageous, extreme, and shocking to the conscience that it is not to be tolerated in a civilized society.
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69. Plaintiffs aver that as a proximate result of the extreme and outrageous conduct of said Defendants, acting individually and in concert with one and another, Plaintiff sustained serious and severe emotional injuries.
                            COUNT NINE
CIVIL RIGHTS INTIMIDATION AND MALICIOUS HARASSMENT
70. T.C.A. § 39-17-309 prohibits and makes it a felony for a person to intimidate others from exercising civil rights by injuring or coercing another to intimidate them from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the State of Tennessee.
71. T.C.A. § 4-21-701 provides a civil right of action for damages and attorney fees and costs and punitive damages for the malicious harassment of another as prescribed by T.C.A. § 39- 17-309.
72. Plaintiff avers that Defendants SHOOPMAN, STEVEN JONES and MICHAEL JONES in doing the acts herein specified violated T.C.A. § 39-17-309 and T.C.A. § 4-21-701.
73. Plaintiff asserts by qui tam action that Defendants SHOOPMAN, STEVEN JONES and MICHAEL JONES, individually, and in joint concert with one another, did the acts specified in this complaint in violation of the provisions of T.C.A. § 39-17-309 and that upon being found liable for said acts in this case, this Court should report the judgment to the Grand Jury for Anderson County Tennessee for presentment.
                             COUNT TEN
OFFICIAL MISCONDUCT
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74. Article I, Section 35 of Tennessee’s Constitution provides Plaintiff a fundamental right to restitution for persons who commits a crime against Plaintiff.
75. T.C.A. § 39-16-402 provides that it is a felony for a public servant to commit an act relating to the servant’s office that constitutes an unauthorized exercise of official power.
76. T.C.A. § 39-16-402 provides that it is a felony for a public servant to commit an act that exceeds the servant’s official power.
77. T.C.A. § 39-16-403 provide that it is a felony for a public servant to deny or impede another in the exercise or enjoyment of any right, privilege, or power.
78. Plaintiff asserts that Defendants SHOOPMAN, STEVE JONES AND MICHAEL JONES, individually, and in joint concert with one another, by doing the acts specified in this complaint, violated the provisions of T.C.A. § 39-16-402(1) through (3) and T.C.A. § 39-16-403, and that Plaintiff is the victim of said crimes for which Plaintiff is provided a constitutional right to restitution for damages done to Plaintiff as specified hereinafter.
79. Plaintiff asserts by qui tam action that Defendants SHOOPMAN, STEVEN JONES and MICHAEL JONES individually, and in joint concert with one another, did the acts specified in this complaint in violation of the provisions of T.C.A. § 39-16- 402 (1) through (3) and T.C.A. § 39-16-403 and that upon being found liable for said acts in this case, this Court should report
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the judgment to the Grand Jury for Anderson County Tennessee for presentment and subject Defendants to removal from office pursuant to T.C.A. § 39-16-406.
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                       COMPENSATORY DAMAGES
80. The allegations of the foregoing paragraphs are incorporated herein as if fully set forth.
81. As a proximate cause of Defendant’s actions Plaintiff’s good name and reputation has been injured; Plaintiff has suffered serous and severe mental and emotional injury; Plaintiff has incurred legal fees for his defense for the unfounded charges; and Plaintiff’s earning capacity has been impaired.
                         PUNITIVE DAMAGES
82. The allegations of the foregoing paragraphs are incorporated herein as if fully set forth.
83. Plaintiff avers that a substantial award of punitive damages is necessary and appropriate to punish Defendants for their intentional, fraudulent, malicious and reckless conduct, and to deter such conduct by Defendants and others in the future.
                         INJUNCTIVE RELIEF
84. Plaintiff seeks an injunction requiring Defendant CITY OF CLINTON TENNESSEE to provide equal access to Plaintiff, and to other residents of Tennessee, to the non-confidential records of the City of Clinton Tennessee.
85. Plaintiff seeks an injunction requiring Defendant CITY OF CLINTON TENNESSEE to provide Plaintiff, and to other citizens, the right of free speech and redress for grievances against the City of Clinton Tennessee.
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86. Plaintiff seeks an injunction prohibiting Defendants from further retaliating against Plaintiff or against any citizen for making a statement that they will exercise their constitutional right to sue Defendant CITY OF CLINTON TENNESSEE.
87. Plaintiff seeks an injunction requiring Defendant CITY OF CLINTON TENNESSEE to train and require its officers to comply with the mandatory requirements of T.C.A. § 40-7-118 for the issuance of citations in lieu of custodial arrest and the requirement for an officer to obtain a warrant for the arrest of a person for an alleged misdemeanor that was not committed in the officer’s presence.
88. Plaintiff seeks an injunction requiring Defendant ANDERSON COUNTY TENNESSEE to train and require its officers to comply with the mandatory requirements of T.C.A. § 40-7-118 for the issuance of citations in lieu of a custodial arrest and the requirement of judicial authority to imprison a person arrested by the City of Clinton Tennessee.
WHEREFORE, Plaintiff brings this action for the following relief:
1. Plaintiff demands a jury in this case and that the jury be selected from impartial persons that have no financial interest as a Clinton or Anderson County taxpayer in the verdict in this case; that have no political interest in the actions of their public officials who are Defendants; that have no political interest in the elected Anderson County Law Director who will defend Defendants; and that have no information from the publicity regarding the parties or their attorneys.
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2. That Plaintiff John Philip Harber have compensatory damages against Defendants in an amount not to exceed Five Hundred Thousand ($500,000.00) dollars.
3. That Plaintiff John Philip Harber have punitive damages against Defendants in an amount not to exceed One Million ($1,000,000.00) dollars.
          4.   That the injunctive relief requested be granted.
          5.   That   Plaintiff   recover   attorney   fees   and
litigation costs against Defendants pursuant to Title 42 U.S.C. §
1988.
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Herbert S. Moncier
Attorney for Defendant
Suite 775 Bank of America Center
550 Main Avenue
Knoxville, TN 37902
Phone (865)546-7746
TBPR #001910
David A. Stuart, P.C.
Attorney for Defendant
300 Market Street
Clinton, Tennessee 37716
Phone (865)457-6414
Fax (865)457-6409
TBPR #006770
David A. Stuart
Attorney for Plaintiff

First Amendment Foundation Hires Former U.S. Attorney as Next Executive Director (FAF Press Release)

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Good news.  Florida First Amendment Foundation hired a former U.S. Attorney, Pamela Marsh, to succeed Barbara Petersen.  She specializes in investigating corporate and government crime.

We need to get tough with Sunshine and Open Records violators.

Under 25 years of leadership by Barbara Petersen, FAF had become somewhat of a toothless tiger, a sinecure, accomplishing little but resisting bad bills -- yet another tired Tallahassee lobby group -- a cynical observer of legislative efforts to erase our rights.

I look forward to Ms. Marsh working zealously within the bounds of the law to preserve, protect, expand and enhance our Sunshine and Open Records rights under Florida Constitution Article I, Section 24, which was enacted by 3.8 million voters (83%) in 1992.

Like me, Ms. Marsh is a graduate of the Georgetown University School of Foreign Service.  (From her vita, she got much better grades).

She also earned her law degree at Georgetown University Law Center.

Hoya Saxa, Ms. Marsh!

From First Amendment Foundation:

For Immediate Release: October 18, 2019
Contact: Katie Bohnett
850-224-4555
TALLAHASSEE – The First Amendment Foundation is pleased to announce that Pamela Marsh, the former United States Attorney for the Northern District of Florida, will become president of the organization on December 1. She will replace Barbara Petersen, who announced her retirement earlier this year.
 
As U.S. Attorney from 2010 to 2015, Marsh was the lead federal prosecutor in 23 counties, from Alachua to Escambia, and was the first woman appointed to the position. She earned a reputation for investigating and prosecuting cases related to banking, healthcare fraud, public corruption, cybersecurity, international and domestic terrorism, as well as human trafficking. She was selected as one of only 16 U.S. Attorneys to serve on the Attorney General’s Advisory Committee, while also serving on the Subcommittee on Counter-Terrorism and National Security, as well as the White Collar Criminal Subcommittee. She also established and led the Big Bend Coalition against Human Trafficking.
 
Marsh has more than 20 years of legal experience. She is currently a shareholder at Ausley McMullen and serves on the Board of the National Missing Children’s Day Foundation. A Tallahassee resident, she was named one of the Tallahassee Democrat’s “25 Women You Need to Know” in 2016. Marsh earned her J.D., cum laude, and B.S., magna cum laude, from Georgetown University. She is admitted to The Florida Bar, the U.S. Supreme Court, U.S. Court of Appeals, Eleventh Circuit, and the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.
 
On her new role, Marsh says, “I am honored and excited to join the First Amendment Foundation as its new President. Perhaps now more than ever, the mission of the Foundation is critical to Florida communities and to a thriving democracy. Barbara Petersen built her legacy fighting for open access to government meetings and public records, to ensure that the public stays well informed and able to participate in government and be heard. I am grateful to Barbara and the Board of FAF for offering me this opportunity to serve the people of Florida and the objectives of the First Amendment. I look forward to continuing the highly regarded work and reputation already established by the First Amendment Foundation.”
 
In announcing her successor, Petersen stated, “I am so pleased with the selection of Pamela Marsh as the new FAF president. She has a passion for open government and buckets of energy; she’s smart and curious and will take FAF into its next phase. Pamela Marsh is the perfect choice and I’m immeasurably pleased to know I’ll have the chance to work with her through the transition.”
 
Jim Baltzelle, FAF’s Chairman of the Board and the Director, Local Media, Southeast, for the Associated Press, said of the announcement, “Pamela Marsh has tremendous vision for the Foundation’s future. Her distinguished legal experience, and the relationships she’s built across the state, will enable her to get off to a fast start. She is stepping into a great situation, too, thanks to the tenacity and hard work of Barbara Petersen. As Floridians, we have been blessed to have Barbara at FAF’s helm for so long.”
 
Marsh and Petersen will work together during the transition in December, and Petersen will advise the Foundation into 2020.

Amendment 4: Judge blocks law requiring fees, fines be paid before ex-felons can vote. (Orlando Sentinel)

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Once again, Tallahassee Senior United States District Court Judge Robert Lewis Hinkle has vindicated our Constitution and Bill of Rights against the corrupt Republican-controlled legislature in the State of Flori-DUH.
Amendment 4: Judge blocks law requiring fees be paid before ex-felons can vote.
(Orlando Sentinel)
October 18, 2019

TALLAHASSEE – A federal judge issued a limited ruling Friday striking down a Florida law requiring felons to pay all fines and other costs related to their sentence before getting their right to vote back.
Judge Robert Hinkle’s order is a temporary injunction that applies only to the 17 plaintiffs who brought the lawsuit, not to all former felons in Florida.

But it indicates the new law passed this year by Republicans, requiring felons to pay outstanding fines and fees before they can register to vote, is likely to be struck down.
“Florida cannot deny restoration of a felon’s right to vote solely because the felon does not have the financial resources necessary to pay restitution,” Hinkle’s ruling states.

Florida lawmakers passed the law (SB 7066) to set up guidelines and rules for Amendment 4, which allowed ex-felons who completed “all terms of their sentence” to vote again. It was approved by 65 percent of voters in November. Previously, a panel made up of the Florida Cabinet decided whether to restore a felon’s rights, and they could restore or deny them for any reason.
Hinkle also ruled that while the state can’t bar felons from voting for lack of money, it can require them to prove they are unable to pay the fines, fees and restitution costs associated with their sentence.
Prior precedent “requires only that the State put in place an appropriate procedure through which an individual plaintiff may register and vote if otherwise qualified and genuinely unable to pay outstanding financial obligations,” Hinkle wrote.
In a statement, the ACLU wrote that “until Florida establishes this process, all other returning citizens who owe legal financial obligations are left waiting."
Julie Ebenstein, senior staff attorney with the ACLU’s Voting Rights Project, said the ruling “recognizes the gravity of elected officials trying to circumvent Amendment 4 to create voting roadblocks based on wealth.”
Desmond Meade, the Orlando-based head of the Florida Rights Restoration Coalition who led efforts to get Amendment 4 on the ballot, was pleased with the decision despite its limited scope.

"The judge did lay out a pretty good argument, making it easier for people to feel a little bit more relaxed, and to understand there’s not an insurmountable barrier preventing folks from registering to vote,” Meade said.
Regardless of the injunction, Meade said, “We’re steadily moving forward, focusing on registering returning citizens and helping folks with fines and fees to remove that barrier.”
It’s unclear how the ruling will affect the operations of local election offices. Hinkle’s ruling only temporarily blocks the law, and the trial for the underlying case is set for April.
Some GOP lawmakers have said they’re looking to make changes in the law when the next legislative session begins in January, giving them time to tweak it before the trial begins, and possibly set up a system for felons to show they cannot afford their outstanding fines.
But in the meantime, municipal elections, including the upcoming mayoral and city council races in Orlando in November, will take place with the law is in limbo.
Meade said those local elections “will have a bunch of returning citizens voting for the first time. And they’ll play a significant role in the elections.”
Bill Cowles, Orange County supervisor of elections, had not had a chance to review the injunction Friday but said his office “will comply with the order, and monitor where it goes from there.”
A spokesman for the Florida Department of State, which oversees elections and defended the law in court, did not return an email seeking comment.
grohrer@orlandosentinel.com or (850) 222-5564

From USA Today: list of 33 decertified local law enforcement officers in St. Johns County

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From the USA Today website, here is the printout for the 33 decertified local law enforcement officers in St. Johns County, St. Augustine Beach and St. Augustine, with links to PDF files on the official government records on their cases:


St. Johns County Sheriff's Office. (24)
Name: Darlene M Adleburg
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 1993
See the state's complete public record.
Name: Chadwick S Anderson
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2010
See the state's complete public record.
Name: Joseph L Anderson
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2012
See the state's complete public record.
Name: Burton G Bonjour
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2013
See the state's complete public record.
Name: Carl E Bradley
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 1999
See the state's complete public record.
Name: Randy W Capo
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2012
See the state's complete public record.
Name: Roger W Colee
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2012
See the state's complete public record.
Name: Carol J Cooley
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2004
See the state's complete public record.
Name: Gloria B Eubanks
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 1993
See the state's complete public record.
Name: Christopher Kriesen
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2004
See the state's complete public record.
Name: Lisa S Lawrence
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2000
See the state's complete public record.
Name: Oscar Mariano
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2005
See the state's complete public record.
Name: David A McNally
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 1992
See the state's complete public record.
Name: Humberto Ortiz
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 1993
See the state's complete public record.
Name: Michael J Peck
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2012
See the state's complete public record.
Name: Angelo Giuseppe Pucinischi
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2010
See the state's complete public record.
Name: Paul M Robinson
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2011
See the state's complete public record.
Name: Mark F. Schack
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2012
See the state's complete public record.
Name: Bryan S Seay
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2014
See the state's complete public record.
Name: William P Secure
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2010
See the state's complete public record.
Name: John R Silas
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 1993
See the state's complete public record.
Name: Kyle L Stewart
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 2004
See the state's complete public record.
Name: Cheryl A Timmons
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 1997
See the state's complete public record.
Name: Elliott M Vandyke
State: Florida
Agency: St. Johns County Sheriff
Year decertified: 1991
See the state's complete public record.

St. Augustine Police
Name: Larry R Carter
State: Florida
Agency: St. Augustine Police
Year decertified: 1983
See the state's complete public record.
Name: Larry J Derosia
State: Florida
Agency: St. Augustine Police
Year decertified: 1993
See the state's complete public record.
Name: John W English
State: Florida
Agency: St. Augustine Police
Year decertified: 1995
See the state's complete public record.
Name: David E Leveck
State: Florida
Agency: St. Augustine Police
Year decertified: 1995
See the state's complete public record.
Name: Patrick L McGuire
State: Florida
Agency: St. Augustine Police
Year decertified: 2006
See the state's complete public record.
Name: Kurt R Ng Saye
State: Florida
Agency: St. Augustine Police
Year decertified: 2003
See the state's complete public record.
St. Augustine Beach Police (3)

Name: Robert A Caldarelli
State: Florida
Agency: St. Augustine Beach Police
Year decertified: 1990
See the state's complete public record.
Name: John J Flannagan
State: Florida
Agency: St. Augustine Beach Police
Year decertified: 2005
See the state's complete public record.
Name: Jeffery Lee Wallace
State: Florida
Agency: St. Augustine Beach Police
Year decertified: 2008
See the state's complete public record.
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