Jacksonville Bold for 9.9.16 – Courtroom drama

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FloridaPolitics.com spent plenty of time Wednesday at the Jacksonville federal courthouse; a pair of hearings related to counsel were held in the One Door for Education trial.

There are, of course, two defendants: Congresswoman Corrine Brown and her chief of staff, Ronnie Simmons.

Between them, they face 24 counts — 22 for Brown, 18 for Simmons — related to issues with the nonperforming charity: Conspiracy to commit mail and wire fraud, 16 counts of mail fraud, theft of government funds, a scheme to conceal material facts, obstruction and impediment of federal tax law, and false tax returns.

Not a good look. And both Brown and Simmons have lawyered up, after some false starts on that front, with barristers from Orlando.

Anthony Suarez is working for Simmons; James Smith, for Brown.

Being from Orlando is where the similarities end.

Both men have backgrounds in criminal defense, though Smith has some added laurels: a former Army JAG lawyer, former FAMU professor, and almost seven years as a federal criminal defense lawyer.

After their respective court appearances Wednesday, both men had different ideas as to how the case would play out.

Suarez told the media Wednesday morning that 95 percent of cases end up with plea deals, clearly not ruling out a negotiated resolution.

Smith? “There’s not going to be a plea deal in this case,” he said.

“We emphatically deny all the charges,” Smith added, and that “the timing of these charges influenced the election.”

Suarez represents a 50-year-old man, whose most important job has been as Corrine Brown’s assistant, handling political affairs and personal errands alike, serving as point man for the alleged conspiracy of the One Door for Education “slush fund.”

Simmons may not beat every charge, but it’s reasonable to guess a negotiated deal could leave him some good post-prison years on the back end.

Brown, meanwhile, is fighting for her life. And this could explain her counsel’s absolutist rhetoric.

There were problems with previous lawyers. No one really knows why Bill Sheppard and Betsy White left Brown’s case, but Mark NeJame and David Haas talked about a hostile environment, suggesting that there were substantial disagreements in strategy between the client and her attorneys.

Strategy could have been one issue. Money could have been another.

Another difference: Smith seems to believe the trial should start in the spring, which would be later than the February date Suarez wants.

The expectation, of course, is that the lawyers will work it out ahead of the Oct. 11 status conference, as both review the “voluminous” discovery documents — about 77,000 pages.

And if they don’t?

The Brown/Simmons dynamic could, very quickly, go from two peas in a pod to two crabs in a bucket.

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Angela Corey gives jobs to some fired by Matt Shirk” via Andrew Pantazi of the Florida Times-UnionJoe Frasier, Shirk’s former IT director, and Angela Fouraker, a secretary, have already accepted new jobs at the State Attorney’s Office, pending paperwork and drug testing, according to the State Attorney’s Office. Lori Williams, who oversaw misdemeanor secretaries at the Public Defender’s Office, has also begun talking with the State Attorney’s Office about possibilities, she said. “It should be commended that her office and ultimately Ms. Corey has offered that handout when he [Shirk] was so rotten,” Williams said. Jerry Coxen, Shirk’s former investigative chief, was also fired. He declined to comment about any potential jobs at the State Attorney’s Office. Shirk gave no reason why he fired the four Aug. 31, and their termination letters didn’t explain why. He also didn’t send any emails that day about the firings, except to write a statement to send to the press after being questioned about the firings. Meanwhile … Kristin Eaker, an unpaid intern of 17 months at the office, said she was texted by her boss that she was also fired. She’d been working at the office as an investigator while seeking her master’s in forensic psychology, and she said she even paid her own way to get certifications like a $600 forensic examiner’s class because she was hoping to eventually get a paid job. She said the firing came just after she posted an encouraging note on Fouraker’s Facebook page. She also wasn’t told why she was fired, just that her service was no longer needed.

Melissa Nelson says she’ll restore confidence in State Attorney office” via Kevin Meerschaert of WJCT – State Attorney-elect Nelson said … the office needs to collaborate with the community to ensure laws are enforced in a fair and equitable manner. “All of us want to be safe. That’s the first and foremost mission of the state attorney’s office,” she said. “But we have to have faith and confidence that the system is actually fair. “What I intend to do is be very smart about how we investigate, prosecute and implement punishment,” Nelson said she often cited on the campaign trail an example of three kids entering a grocery store and committing a theft. One kid has a long police record, another was just hungry, and the third is a drug addict. She said the punishment for all three should not be the same. Charles Cofer, who defeated sitting Public Defender Matt Shirk, called in … to congratulate Nelson and said he wants to re-establish communications between the two offices.

Charlie Cofer plans refocused mission at Public Defender’s office” via Marilyn Young of the Jacksonville Financial News & Daily Record – When Cofer was Downtown … he ran into a group of lawyers from the Public Defender’s Office. It was a couple of days after Cofer had trounced their boss, Matt Shirk, by a three-to-one margin in Tuesday’s Republican primary. The lawyers shared what they said the state of affairs had become: Morale was down, nobody knows what’s going on, the office was in turmoil. All things Cofer had heard before he decided to retire as a Duval County judge and run for the chance to lead the office where he had spent 18 years. The lawyers were ecstatic change was coming, Cofer said. “I know you’ve been through very traumatic thing,” he told them. “Let me tell you where I’m heading,” Cofer told them he will refocus the office’s mission on its clients and helping the lawyers improve. The two go hand in hand, he said. He let them know he didn’t demand their loyalty — a criticism many had said about Shirk. Instead, Cofer said, over time, he would earn that loyalty. He consistently told voters during the campaign there were a lot of good people in the office. A point that often got lost after Shirk’s inappropriate behavior with female employees came to light in 2013.

Lawyer claims Florida bar ‘establishment’ want him disbarred” via Lynnsey Gardner of News 4 Jax – The prominent lawyer fighting emergency suspension of his law license has filed a response claiming that “certain members of The Florida Bar ‘establishment’ have been conspiring with The Florida Bar prosecutors to predatorily prosecute” him due to “personal vendettas, racial animus, and greed.”Christopher Chestnut has handled many high-profile cases, including the family of the Florida A&M University drum major who died in a hazing incident. Chestnut is representing himself in the matter. In the emergency motion filed last month, the Florida Bar said Chestnut “appears to be causing great public harm” and has already been the subject of nine different bar disciplinary issues, including the exploitation of an Alachua County family. In May, the Bar filed a six-count complaint against Chestnut alleging “egregious conduct involving … lack of competence, candor, diligence, and communication, solicitation, dishonesty, failure to supervise, and excessive fee.” He’s previously been found guilty of “lack of diligence and communication” receiving a public reprimand in October 2015.

With first election behind him, Judge Howard McGillin looks forward to full six-year term” via the Florida Times-UnionMcGillin was glad to know he still had his job — just one job — after months of full-time campaigning to remain a family court judge in St. Johns County. In his first election cycle as a sitting judge, McGillin won a full six-year term in last week’s primary election. To retain the position, McGillin defeated Linda L. Gaustad with 54 percent of the vote. The Army veteran gained appointment to the bench in 2014, filling a position vacated when Judge Carlos Mendoza left the circuit for an appointment in federal court. McGillin was a finalist for either a circuit court or county judgeship five times before finally getting the nod from Gov. Scott. It took him so long to get that spot on the bench that he was willing to work hard on the campaign circuit to keep it. “I’m glad the voters had the confidence in me and look forward to it (the full term),” McGillin said. “I’m very much looking for to that and having the opportunity just to sit back and do my job. Doing two full-time jobs for the last five months has been a little bit stressful.”

John Rutherford pivots from heavy local thinking to federal perspective in congressional run” via Drew Dixon of the Florida Times-Union – But his evolution is picking up pace as he heads into to the final contest in the general election … to win Florida’s 4th District congressional seat. The former Jacksonville sheriff who was the top lawman in Duval County for 12 years even acknowledged he was a metropolitan thinker before he ran for Congress. He also didn’t have much time to transition to a more regional and national mind-set before entering the race … While Rutherford moves on as the Republican candidate, he still faces challenges from two Jacksonville candidates including Democrat David Bruderly and Gary Koniz, who has no party affiliation. Not only is Rutherford a familiar face and old hand in the local political machine, he is financially fit to take on the challengers with his substantial war chest. He raised nearly $460,000 between April and August for the Republican primary run according to Federal Elections Commission filings.

Cord Byrd discusses his big win in HD 11” via AG Gancarski of Florida PoliticsByrd won the crowded GOP primary … beating the better-funded Donnie Horner III and Sheri Treadwell … 44 percent for Byrd, 38 percent for Treadwell, and 13 percent for Horner. This race was full of third-party mailers, energetic local endorsements, and a narrative that saw Horner out front early, before Treadwell closed the money gap with Horner, and trial lawyer Byrd got some key endorsements, including a last-minute branding as the Beaches candidate by former candidate and former Jacksonville Beach City CouncilmanTom Taylor. Taylor’s endorsement was one of many tailwinds behind Byrd. Nassau County Commissioner Barry Holloway backed Byrd once he got out of the race. And at the end of the race, Horner made the strategic decision to deploy resources going negative on Treadwell during the mailer blitz of mid-August. Byrd looks forward to a committee placement not every local Republican wants: Agriculture and Natural Resources. He sees this as important — both for Nassau County and for the state at large. Both the agriculture side and the water/river management component. He downplays expectations as to what bills he might get through in his first year (“as a freshman, I was told ‘good luck.’”), but he’s interested in digging into the $80 billion budget.

Paul Renner slates ‘campaign kickoff’ for Flagler Beach on Sept. 13” via AG Gancarski of Florida PoliticsRenner has some built-in advantages in his re-election bid … the Republican serving Flagler County has over $96,000 cash-on-hand. His Democratic challenger, Adam Morley, has almost $2,000 banked. Renner seeks to expand his 48-to-1 cash advantage later this month in what is being billed as a campaign kickoff event at Flagler Beach’s Oceanside Beach Bar & Grill. RSVP Messages and information requests will be fielded by Anna DeCerchio ([email protected]).

HD 13 Republican Mark Griffin taps former CSX exec as finance chair via AG Gancarski of Florida Politics – The only truly contested race for the state House left in Northeast Florida is between incumbent Democrat Reggie Fullwood and Republican challenger Griffin … Griffin isn’t your typical Republican tomato can challenger. A pastor with a reputation beyond Northeast Florida, Griffin finished the primary period with $29,000 cash-on-hand, putting him above Fullwood, who ended up with just over $17,000 in ready money. And the Griffin campaign believes more money is forthcoming. Charles “Chuck” J.O. Wodehouse now chairs the Griffin campaign’s finance committee, according to a press release. Wodehouse, treasurer of the board of trustees of Jacksonville University, retired in 2004 as president of CSX Technology and senior vice president of CSX Transportation. Griffin first met Wodehouse when he was working at CSX. “I believe Mark Griffin serving in Tallahassee will be great for Jacksonville and Northeast Florida. We are all aware of his tireless efforts working in some of our most challenged neighborhoods. I am proud to be on his campaign,” Wodehouse said in the same press release. Interestingly, Wodehouse’s only Jacksonville political contribution since 2006 went to a Democrat.

Jax council panel defers bill to move inspector general office into city hall” via AG Gancarski of Florida Politics – The Jacksonville City Council Transportation, Energy, and Utilities (TEU) committee mulled a resolution regarding moving the Inspector General‘s office into the City Hall building and consolidating some employees and space with the Ethics Department. Ultimately, the bill was deferred for two cycles. Yet the discussion revealed unresolved conflicts between Council VP John Crescimbeni and the office of inspector general. Crescimbeni’s resolution was predicated on the notion that, given the empty space on the second floor of the St. James Building, it would be a natural fit to have the IG office on the same floor as the Ethics office. However, employees of the IG office, including acting IG Steve Rohan, have claimed that impedes independence of the office, and that it would “function less effectively at city hall.” Crescimbeni noted that in previous iterations of the IG office, the office was in the mayor’s office.

Jax Council NCIS panel ‘won’t miss a beat’ after Matt Schellenberg departure, says chairman” via AG Gancarski of Florida Politics – NCIS, until last week, had seven members; after the departure of member Matt Schellenberg late last week, however, it was down to six … with Councilman Bill Gulliford an excused absence and Councilman Doyle Carter late for the meeting, the committee was down to four members. Throughout the committee meeting, which included a discussion of that bill and of future special committee discussions to come (including a discussion of how best to deploy convict labor to address Jacksonville’s blight issues and such, which included Councilman Carter noting there’s “plenty of work to do” and “plenty of inmates”), Schellenberg’s name and the reasons for his leaving the committee were not mentioned. Not once. After the meeting, we asked Chairman [Scott] Wilson why Schellenberg didn’t come up. Wilson was not sure. And, despite the 3-to-1 vote, Wilson vowed to “keep things going,” saying the committee “won’t miss a beat.” And that could be the case.

Jacksonville officials looking into increasing park staffing, blight control” via Lindsey Kilbride of WJCT – Jacksonville City Councilman Reggie Brown says he wants the city to consider full-time staffing at more parks to increase safety and  help parents feel more comfortable sending their kids to them. “Not all parks, but some of our high-use parks have a full-time staff there. That’s something that I’d definitely like to explore,” said Brown, who wants to expand that to other parks. The idea was one of several that came up … as the Council’s Neighborhoods Community Investments and Services Committee discussed ideas for future legislation. Council president Lori Boyer is having committees develop more proactive policies by setting time aside dedicated to hearing from experts and discovering where new legislation is needed. In two weeks, park staffing will be the special topic discussed and after that, libraries. Councilwoman Joyce Morgan … wanted to examine the maintenance schedule for city buildings like libraries, saying some haven’t been pressure washed in years. Another committee member, Doyle Carter, said he’s working on legislation to have retired police officers supervise prisoners working on tasks like city building maintenance, or lawncare for city land. “It would be a real good deal for us as far as getting blight taken care of,” he said.

City owes local developer $81,000 — but has no idea when it will pony up” via Derek Gilliam of the Jacksonville Business Journal – When the excavator struck concrete at his building site in North Jacksonville, Ben Gottlieb began to wonder why he’d given the city $81,000. A few weeks later, he still doesn’t have an answer — or know when he’ll be getting his money back. Gottlieb is building a 34,000-square-foot retail center off Monaco Drive on Jacksonville’s Northside. When the city approved his plans for the center last year, he had to pay an $81,000 “mobility fee” — an impact fee the city charges to cover upgrades to transportation infrastructure around new development. The city has structured the fee to encourage infill: If you build out in the sticks, you can expect a sizable bill, but the charges drop off for projects in already built-up areas. Areas, say, that already have a lot of concrete poured. When city planners took the past development into account and recalculated the fee, they determined Gottlieb was owed a full refund. However, he’s not getting his money anytime soon. The city has already spent it, he was told. Since the account containing the fees for that part of the city is below the amount Gottlieb is owed, he has to wait for it to be replenished. That, city planners told him, could take years.

Economy drives strong commercial real estate market” via Karen Brune Mathis of the Jacksonville Financial News & Daily Record – Jacksonville’s commercial real estate market remained strong through the second quarter of 2016. With a stable area economy, job growth and the benefits of being part of Florida’s continued attraction for business, tourists and new residents, Jacksonville saw higher occupancy rates as well as higher rents. Retail, apartment, and industrial properties experienced construction growth, while office development waits for stronger demand. An analysis of real estate market reports generally found positive tones throughout the April-June quarter and for the first half of the year.

EverBank CEO Robert Clements to retire after TIAA’s acquisition of Jacksonville-based bank” via Mark Basch of the Jacksonville Financial News & Daily RecordClements will retire once financial services company TIAA completes its acquisition …  TIAA announced its $2.5 billion agreement to buy EverBank last month. The companies plan to merge TIAA’s banking subsidiary into EverBank, with the headquarters of the combined bank remaining in Jacksonville. EverBank President Blake Wilson will become president and CEO of the merged bank … He has been with EverBank for 15 years.Kathie Andrade will become chairman of the bank while continuing her role as chief executive of TIAA’s retail financial services division. Clements joined EverBank in 1994 and has served as chairman and CEO since 1997. He will continue to serve on the bank’s board of directors after his retirement. EverBank currently employs 1,624 people in Jacksonville and 1,339 in other locations. Clements’ retirement is the first personnel change announced since the merger agreement.

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St. Johns County reports new travel-related Zika case” via News 4 Jax — The state added 19 travel-related cases of the Zika virus … with 11 cases in Miami-Dade, four in Broward, one in Brevard, one in Monroe and one in Pasco, in addition to the St. Johns County case. The total number of travel-related cases, which stem from people bringing the virus into the state from elsewhere, climbed to 596. Besides the four cases in St. Johns County, there are also eight cases in Duval County, eight cases in Alachua County, three cases in Clay County and three cases in St. Johns County. The total number of infections involving pregnant women climbed to 80. The DOH does not indicate the counties in which the women live. The mosquito-borne Zika is particularly dangerous to pregnant women because it can cause severe birth defects. The Department of Health reported no new locally transmitted cases, which involve people being infected by mosquitoes in Florida. The state has found 56 local cases.

Blake Bortles wants fast start for Sunday Jags opener” via Gary Shelton – Look at Sunday’s Green Bay-Jacksonville opening game as the teacher and student. That said, perhapsBlake Bortles needs to take notes.

Across from him Sunday will be Green Bay’s all-pro quarterback Aaron Rodgers, who some figure to be a favorite for Player of the Year. That leaves Bortles, a talented third-year Pro, left to try to pull off the upset.

One thing that Bortles hashing for him is a second year with offensive coordinator Greg Olson, said Rodgers.

“It’s very fortunate. I’ve been fortunate enough to be in a structured offense for 12 years,” Rodgers said. “Obviously, it’s morphed over the years. I had a good relationship with Mike over the years as a play-caller to a quarterback. We’ve had a lot of great moments together and we learned to anticipate things and anticipate the calls and get into a flow with him where you feed off each other.

“He’s giving you enough freedom to make decisions, but you’re making sure you’re staying within the framework of the offense. It’s a relationship and chemistry that’s very focused, the quarterback into the offense’s success.”

Jacksonville coach Gus Bradley said you can see the comfort level of Bortles in the offense.

“You can really tell,” Bradley said. “Just the ownership, even with protections. That was a big emphasis with us. I know the sack numbers have gone down last year from the year previous. It is a big point of emphasis. I think when you own the protections and understand it and can handle it out on the field, it is a big part of it. I really see that part of Blake as well.”

Bortles, too, had praise for Rodgers.

“He’s unbelievably talented and has obviously been very successful,” Bortles said. “I think that there’s a group of guys that are up there in their own category and he’s definitely one of them.”

Bortles said he wants to start fast Sunday.

“Yeah. I think everything that we’ve shown and been able to do really in this preseason kind of backs that up,” Bortles said. “It was kind of — yeah, I think the Cincinnati game, it was shocking that we didn’t play well or start fast and I think that was cool because it showed kind of how expectations have changed.

“It wasn’t, OK here we go again or getting shut out in a quarter or whatever. It was, what’s going on, why aren’t we doing what should be doing, what we’ve been doing. So I think it’s cool to see peoples’ mindsets changed.”

Jacksonville Armada FC Head to RayoOKC for Sunday” via Kartik Krishnaiyer of Florida Politics – Jacksonville Armada FC coming off a 1-0 loss to Carolina Saturday, the first of Mark Lowery‘s interim coaching tenure visit Oklahoma City Sunday to face RayoOKC. The Oklahoma-based club is co-owned by Rayo Vallecano, a cult club from Madrid that is generally associated with left-wing politics. Lowery was pleased with the Armada’s second half effort in the loss to Carolina but wasn’t happy about how they started the game.

“It was a game of two halves, I thought in the first half, we were too tentative going forward and defensively. It allowed the RailHawks just a second or two too much time on the ball. In the second half, we corrected some things tactically, which I felt made a difference. We created chances and started to player higher up the field.”

The Armada currently sit 17 points out of the NASL Fall Season lead and 19 points out of the final postseason spot in the overall table. With 10 matches remaining in the campaign, Jacksonville will likely need to win at least eight of their final 10 matches to make the postseason. While making the postseason isn’t terribly realistic, Lowery could guide the Armada up the table and make a case to keep the job permanently. The match in Oklahoma City will be broadcast nationally on ESPN3.

Brewing on Bay Street: Intuition Ale Works tap room opens Downtown” via David Chapman of the Jacksonville Financial News & Daily RecordBen Davis was a busy, sweaty guy Saturdayafternoon. The Intuition Ale Works owner and brewer spent most of the muggy day Downtown helping put the final pieces on the tap room that’s opening [Tuesday]. He wasn’t by himself, as about a dozen friends and employees were hustling, moving barrels, hanging signs, tidying the place up for the grand opening. “Madness,” said Davis, describing what the past week was like. Hurricane Hermine could have made it a lot more maddening. Davis received his temporary certificate of occupancy … which allowed him and others into the place. Had there been other delays, today would have been a lot different — city offices were closed Friday because of the storm and Monday for the holiday. “We would have been in really bad shape,” he said. The tap room and rooftop bar overlooking the St. Johns River and surrounding venues both can seat about 100. The yet-finished brewery will add a couple of hundred more. Food service won’t be ready for the opening, but it should be soon. Intuition is partnering with Black Sheep for food, which Davis said he expects to be available in October. Intuition in its Riverside locale brews about 8,000 barrels of beer a year. When fully up and operating, the Downtown location could reach as many as 25,000 barrels.

Jacksonville Zoo Celebrates Diversity in W.I.L.D. Program” – Jacksonville Zoo and Gardens is launching a new venture which provides youth from under-served communities with leadership training and employment opportunities in the new W.I.L.D. Program funded by the Mayor’s Jax Journey grant. The W.I.L.D (Wildlife Immersion and Leadership Development) program currently has 10 W.I.L.D. Stewards enrolled in the program and will increase by 10 stewards annually. W.I.L.D. Program employees are all 18 years or younger, and reside in or attend church or school in segments of the community who have been traditionally less involved with the Zoo. By breaking down barriers, the Zoo is building the stewards’ knowledge of zoology, animal and plant conservation, and career opportunities in mission-driven environmental organizations. Under the guidance of W.I.L.D. Program Coordinator, Chris Conner, youth in the program practice team building and leadership development through a range of projects and learning opportunities. They might spend a day helping the horticulture team pull invasive species of plants at the beach or staffing an educational table at Global Tiger Day, interacting with guests and presenting animal biofacts. Conner says, “What’s really significant is that these teens are not only poised to become exceedingly influential within their own respective careers but ultimately become conservation heroes advocating for the preservation of our natural world.”

Save the dates:Spooktacular at Jacksonville Zoo and Gardens” – Spooktacular is a safe and exciting Halloween adventure for kids of all ages, to be held Oct. 14-16, 21-23, 27-31. Like the zoo on Facebook for details on how to win a free Family Four Pack of tickets. Events include Charlie Brown and the Great Pumpkin Patch; Wizard of Oz in Range of the Jaguar; The Lands of Far Far Away; Peter Pan’s Neverland; DJs spinning kid-friendly Halloween music; The Great Lawn with bounce houses; Thousands of Jack O’Lanterns; and select animal exhibits including giraffes, bobcats, alligators and jaguars. Ticket prices for Sunday through Thursday: $7 for members, $9 for nonmembers; Friday through Saturday & Halloween: $12 for members, $14 for non-members. Zoo opens 6:30 p.m. to 10 p.m.; gates close at 9 p.m. Tickets are $1 off when purchased online.

 

Peter Schorsch

Peter Schorsch is the President of Extensive Enterprises and is the publisher of some of Florida’s most influential new media websites, including Florida Politics and Sunburn, the morning read of what’s hot in Florida politics. Schorsch is also the publisher of INFLUENCE Magazine. For several years, Peter's blog was ranked by the Washington Post as the best state-based blog in Florida. In addition to his publishing efforts, Peter is a political consultant to several of the state’s largest governmental affairs and public relations firms. Peter lives in St. Petersburg with his wife, Michelle, and their daughter, Ella.



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