Judge: Merrill Roland guilty

Judge: Merrill Roland guilty



PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 01/24/08


St. Johns County Court Judge Patti Christensen issued a three-page ruling Wednesday that said Merrill Paul Roland, candidate for the District 1 County Commission seat, had violated St. Augustine city ordinances against selling merchandise or services on St. George Street.

A hearing will be scheduled for Roland's sentencing, Christensen's order said. Penalties for violating Ordinance 00-09, Section 22-6, is $168 to $568.

Despite the low potential fine, the trial took months due to conflicts and delays about witnesses and evidence.

After the trial ended, Christensen's decision took eight weeks.

Robin Upchurch, assistant city attorney for St. Augustine, prosecuted this case for the city and said Wednesday evening that she is pleased with Christensen's final order.

"The court was thoughtful in listening to the evidence and parsing the arguments," she said.

Roland said he would appeal the decision, which would probably go before a St. Johns County Circuit Court judge.

At trial, three St. Augustine police bike patrol officers testified that on Jan. 27, 2007, Roland was wearing a pirate costume on St. George Street just north of Hypolita Street. He was holding a Jolly Roger flag and a sign that said, "Photo $2.00" and in smaller words "donation."

They said Roland was standing about 10 feet from the entrance to the Columbia Restaurant on the public street when two women came up to him, took his photo then handed him something.

Christensen's order said, "The defendant did a good job cross-examining the officers, calling into question whether they actually saw money change hands. But the cross-examination missed the point. Whether (the) defendant was paid for having his picture taken is not determinative of this case because the ordinance is not limited to the sale or donation of services. The act of offering services for sale or donation is sufficient to violate the ordinance."

Roland said at least one of the officers was lying.

"There was never any physical evidence. They only had testimony," he said. "The only physical evidence were the photos that showed me on private property. The judge's is basing my guilt on the word of an officer who committed perjury."

Upchurch took issue with that.

"Clearly, the court believed the (police) officers (who arrested Roland) and not the baseless accusations of the defendant," she said.

Christensen's order said Roland believed "the city had a grudge against him. He also believed that police "withheld exculpatory photographs taken by a camera phone" and that he was actually on private property.

"The law requires facts," Christensen wrote. "Cutting through the smoke and mirrors and taking away the cloak and dagger, the court is left with unrefuted evidence that (the) defendant offered to have his picture taken on St. George Street in exchange for compensation which is a violation of law."


Click here to return to story:
http://staugustine.com/stories/012408/news_txt01_002.shtml

© The St. Augustine Record