A.G. Gancarski
A Tuesday status conference and status of counsel hearing in a Jacksonville court for Rep. Corrine Brown and Elias Simmons had little of the drama of the arraignment hearing earlier this month, which drew media from around the state and was picked up nationally and internationally.
There was no entourage involving past and present members of Jacksonville City Council and the Duval Legislative Delegation. School Board candidate Bradford Hall was the most notable political figure on hand.
The congresswoman from Florida’s 5th Congressional District, along with Simmons, plead not guilty earlier this month 22 and 18 charges respectively, enumerated in a 46-page indictment that details years of alleged fraud and tax evasion related to the non-performing charity, One Door for Education.
Brown faces a possible 357 years in prison and $4.8 million fine if all counts are found valid. For Simmons, it would be as many as 355 years and $4.75 million, if guilty of all counts.
Among the requisites for this hearing: establishing the firm of Sheppard, White, Kachergus & DeMaggio, P.A would represent Brown, and a list of Brown’s medications, which would be offered under seal prior to the hearing.
William Sheppard, a legend in civil rights law, was wheeled onto the fifth floor of the federal courthouse a few minutes after 1 p.m., almost an hour before the conference itself started.
Brown, in her familiar red jacket and skirt ensemble, and Simmons, in a suit, showed up at the courthouse around 1:30 p.m., only to find the door was locked.
They had arrived separately. Neither was talking to the media.
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Judge James Klindt began the proceedings at 2 p.m.
Sheppard moved to reset the status conference for two weeks from today from Brown, given uncertainty as to the status of representation. Simmons’ attorney wanted the same. And both attorneys wanted to file a motion to continue the trial to the next term.
The government found the motion to reset acceptable.
Regarding discovery, the prosecution was able to produce it for the defense.
“Thirty-five discs containing in excess of 77,000 documents,” said Sheppard, with more forthcoming.
Sheppard wanted an opportunity to review the discovery, and Simmons’ attorney the same; neither objected to the temporary order suppressing discovery from dissemination to the media.
Klindt hoped that two weeks from now, the representation question would be resolved. However, if the motion for continuance is granted, all other dates would be pushed back.
“The temporary protective order will remain in effect in the case,” Klindt said.
“Settling this issue of counsel is critical,” Klindt added, given the “federal speedy trial act.”
Aug. 9 at 3 p.m. is the next status conference is set for Aug. 9 at 3 p.m. Brown and Simmons are required to be present, as other matters will be discussed.
