Thursday, May 11, 2017

MEDICAL EXAMINERS' TRIAL DELAYED by Their Lawyer, Conflicted St. Johns County Attorney Patrick Francis McCormack




A May 10, 2017 Florida Board of Medical Examiners hearing was cancelled on allegedly malfeasant two Medical Examiners' alleged misconduct concerning the Michelle O'Connell case.

The deadline for responding to the State of Florida Medical Examiners Commission's administrative complaint against District 23 Medical Examiners PREDRAG BULIC, M.D. and FREDERICK HOBIN, M.D. has been extended.

It was extended at request of their counsel, none other than St. Johns County Attorney PATRICK FRANCIS McCORMACK.

This is the same PATRICK FRANCIS McCORMACK who delayed for months providing records to FDLE and has delayed for three years providing Michelle O'Connell related county records.

Query: why would the St. Johns County Attorney represent two alleged malfeasant special district employees in a license suspension/probation case?

Would he represent county employees in State Bar hearings?

In engineering license hearings?

In speeding tickets?

You tell me.

As Mason said to Dixon, "we've got to draw a line somewhere."

No response from estimable County Attorney PATRICK FRANCIS McCORMACK, other than his rebarbative run-of-mine malarkey (see e-mails below).



It's passing strange that two (2) Medical Examiners accused of malfeasance by the Medical Examiners Commission are being represented by the County Attorney -- a conflict of interest, since they may have inconsistent legal defenses.

Each should hire his own attorney, instead of having a taxpayer-subsidized lawyer.

This situation stinks.

 Here's my Open Records request and the estimable County Attorney's response:


-----Original Message-----
From: Ed Slavin
To: bdixon ; pmccormack ; mwanchick
Sent: Wed, May 10, 2017 2:17 pm
Subject: Request No. 2017-221: CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission


Dear Mr. McCormack et al:
1. Please answer my questions of May 5, 2017 and kindly ask your putative "clients" to waive any limited temporary "privilege" in any documents. We have a Right to Know about the County Attorney's conflict of interest representation  of both of the respondent medical examiners, by the same County Attorney who has since 2014 been blocking records requests related to the Michelle O'Connell case.
2. Please provide a Vaughn index listing of each of the documents you are withholding.
3. Kindly identify the "civil or criminal litigation" or "adversarial administrative proceedings" in quo. The quoted section states:
A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney’s express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. For purposes of capital collateral litigation as set forth in s. 27.7001, the Attorney General’s office is entitled to claim this exemption for those public records prepared for direct appeal as well as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence.

4. Please call to discuss.  
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Betty Dixon <bdixon@sjcfl.us>
To: easlavin <easlavin@aol.com>
Cc: Diane Lehmann <dlehmann@sjcfl.us>; Regina Ross <rross@sjcfl.us>
Sent: Wed, May 10, 2017 2:04 pm
Subject: Response/Acknowledgement RE: Request No. 2017-221: CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission

Dear Mr. Slavin,
I am writing to acknowledge receipt of the portion of your email below that constitutes a request for public records.  After review, the County has determined that there are records responsive to your request.  However, pursuant to s. 119.071(1)(d)1,F.S., the responsive documents identified are exempt from disclosure at this time.
Thank you,
Betty A. Dixon
Records Management
Office of County Attorney
500 San Sebastian View
St. Augustine, FL. 32084
Office: 904-209-0817
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Friday, May 05, 2017 5:28 PM
To: Patrick McCormack <pmccormack@sjcfl.us>
Subject: Request No. 2017-221: CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission
Dear Mr. McCormack:
1. Are you, as our St. Johns County Attorney, still representing one or both of the respondents in the matter of State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission?  On what theory?
2. Have you or anyone on your St. Johns County Attorney staff requested an extension?
3. Please send me any documents on the complaint, your representation and any request for extension.
4. Please provide any controlling legal authority for you to represent Dr. PREDRAG BULIC and Dr. FREDERICK HOBIN in an administrative preceding involving their: 
(a) willfully and recklessly allowing Ms. Michelle O'Connell's bare naked autopsy photographs to be seen by the public, without court order in violation of F.S. 406.135; 
(b) failing to note Ms. O'Connell's broken jaw; and
(c) illegally keeping her autopsy records in a personal residence, including a revised death certificate finding homicide.
If no legal authority exists, please so state.
5. Please provide any Florida Attorney General opinion, Florida Bar opinion, or there legal authorization for you to represent allegedly malfeasant District 23 Medical Examiner (special district physicians) in an administrative proceeding challenging their license and seeking to impose discipline.
6. Why should St. Johns County taxpayers pay for you to defend allegedly malfeasant physicians BULIC and HOBIN in an administrative proceeding before MEC or DOAH?  
7. Why don't or won't they each hire their own counsel?
8. Please explain it to me, like I was a six year old. 
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

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