Jury selection begins November 13, 2017 before Judge Alexander Christine in St. Johns County Courthouse for an Election Day hate crime. What was it?
A misdemeanor criminal assault upon St. Augustine Beach City Commission candidate Rosetta Bailey by LEONARD PATRICK TRINCA. But is the State's Attorney preparing to "fix" the case in favor of TRINCA, a close friend and campaign manager of St. Augustine Beach Mayor RICHARD BURTT O'BRIEN?
In August, TRINCA's lawyers took Ms. Bailey's deposition, as allowed in Florida criminal cases. The State's Attorney office would not meet with Ms. Bailey before her deposition. This is a badge of fraud and malpractice -- what attorney refuses to prepare a witness for deposition? Only an unqualified, brand-new, wet-behind-the-ears State's Attorney working in an office that refuses to follow or distribute the National Prosecution Standards of the National District Attorney's Association.
State's Attorney RALPH JOSEPH LARIZZA's minion told former St. Augustine Beach Commission candidate Rosetta Bailey she could not tape record her own deposition, taken in August 2017 by criminal defense lawyer PATRICK CANAN, also a member of the St. Johns County School Board. This was wrong as a matter of law.
Bailey was the victim of an alleged assault by SAB Mayor RICH O'BRIEN's campaign manager, subject of a criminal case set for trial in November 2017.
"I DON'T WANT IT BEING RECORDED," said criminal defense lawyer CANAN at the beginning of the deposition.
VALERIY AVANESOV, louche lackadaisical LARIZZA's minion did not speak up. He did not object to the double-teaming CANAN LAW duo of PATRICK CANAN and DANIEL HILBIRT both speaking.
VALERIY AVANESOV did not object to CANAN interrogating Ms. Bailey about her First Amendment protected activity, e.g., asking if there were "any particular reason" why she ran against St. Augustine Beach Mayor RICHARD BURTT O'BRIEN.
CANAN showed Ms. Bailey a photograph and asked about a yard sign on Ms. Bailey's property -- again, not a peep out of LARIZZA's ineffective counsel. (It was about the First Amendment).
Ms. Bailey testified that, on Election Day at a polling place, on November 8, 2016, LEONARD PATRICK TRINCA drove up in a white Cadillac Escalade, demanding that Ms. Bialey move her lawn chair or he would run over her. TRINCA then shoved Ms. Bailey, witnesses say.
CANAN asked whether Ms. Bailey "won the election" and she suggested a relevance objection.
Rather than act like a lawyer and voice an actual objection to protect the State's victim-witness and preserve the record, VALERIY AVANESOV,
LARIZZA's lackey said "it could go to your motive." The lackey lacks advocacy skills and was bested by two former prosecutors, double-teaming the deposition (itself objectionable, if only VALERIY AVANESOV knew evidence or procedure rules).
VALERIY AVANESOV, LARIZZA's inexperienced ASA, made only one (1) objection in the entire deposition. Pitiful. Sad.
Ms. Bailey had the impression that VALERIY AVANESOV,LARIZZA's junior counsel (graduate of a for-profit law school on I-95 in Jacksonville) was trying to impress CANAN, perhaps in hopes of getting a job one day.
CANAN asked Ms. Bailey, "What's a constitutionalist?"
And at one stage, TRINCA's criminal defense counsel PATRICK "DUCKS" CANAN volunteered "I'm a constitutional scholar."
Watch this blog -- will this case be fixed?
Will R.J. LARIZZA recuse himself from the case of an Election Day assault upon a political candidate challenging St. Augustine Beach Mayor RICH O'BRIEN?
Will this case be bungled, fixed or dropped by inexperienced scared-rabbit Russian VALERIY AVANESOV and hick hack politician LARIZZA?
What else lies in store for LARIZZA's mishandling of this case that might favor of LEONARD PATRICK TRINCA?
What evil lies in the heart of the State's Attorney's Office for the Seventh Judicial Circuit?
What else can it do out of laziness, lucre, malice or favoritism to fellow dull Republicans who are part of the sere political machine of St. Johns County Sheriff DAVID SHOAR, who changed his name from "HOAR" by court order in 1994?
After attempting to dissuade Ms. Bailey from pursuing justice in her case, mirabile dictu, mutatis mutandis, VALERIY AVANESOV, elected prosecutor-prostitute RALPH JOSEPH LARIZZA's hey-boy has been promoted from putative "victim-witness coordinator" to full-fledged Assistant State's Attorney weiner.
Will this case be fixed by State's Attorney RALPH LARIZZA a/k/a LaLIZARD?
The Florida Prosecuting Attorney's Association President for the next two years, State's Attorney R.J. LARIZZA has not responded to an e-mail request yesterday for an interview and multiple Open Records requests, first filed in August 2017.
Earlier blog story:
CEO LEN TRINCA Battered Candidate Rose Bailey: Electioneering Battery Charged Filed Against LEONARD PATRICK TRINCA
Seventh Circuit State's Attorney R.J. Larizza and St. Augustine Beach Police have brought misdemeanor battery charges against businessman/landlord LEONARD PATRICK TRINCA for battery upon St. Augustine Beach City Commission candidate Rosetta Bailey on Election Day (November 8, 2017) during her race against St. Augustine Beach Mayor RICHARD BURTT O'BRIEN.
Defendant LEONARD PATRICK TRINCA's first pretrial hearing is before County Court Judge, Hon. Alexander R. Christine, Jr. on May 22, 2017 at 9 AM, Courthouse Room 355. TRINCA has waived personal appearance. The entire misdemeanor trial could be held without his ever going to court. TRINCA waived arraignment, pled not guilty and sought discovery through his attorney in April 12, 2017 filings with the Clerk of Courts.
The criminal misdemeanor case is State of Florida v. LEONARD PATRICK TRINCA, Case No. 17000559MMMA, charging battery, F.S. 784.03(1)(a).
St. Augustine Beach Mayor RICHARD O'BRIEN's avid supporter, LEONARD PATRICK TRINCA, verbally confronted and allegedly pushed Rose Bailey, pushing her with both hands in the back from behind, nearly causing her to fall.
St. Augustine Beach politics is not quite as rough and tumble as the late Mayor Richard J. Daley's Chicago, but the anger of the Establishment toward dissent is palpable.
Local landlord and corporate CEO LEONARD PATRICK TRINCA crossed the line and allegedly committed a crime, allegedly assaulting a candidate, Rose Bailey. It was an apparent crime against our democracy.
Crimes against democracy are common in St. Johns County, where developers don't have to disclose their owners to get zoning favors, where there is no Inspector General, Ombuds or other checks and balances, where large developers have owned our Sheriff, rented our County Commissioners and City Commissioners, and perpetrated what RFK, Jr. would call "crimes against nature," including urban sprawl, clear-cutting, wetland-destroying and demolishing historic structures. Violating Article VI, Section 5(b) of our State Constitution, Republican ROBERT THORNTON SMITH, et al. contrived to run five phony write-in candidates, closing four universal primaries, disenfranchising some 82,000 Democrats and No Party Affiliation voters from voting for Sheriff, Clerk of Courts and two of three Commission races.
The candidate battery crime against our democracy at issue in State of Florida v. LEONARD PATRICK TRINCA was particularly egregious -- in broad daylight, in front of St. Augustine Beach City Hall, in the view of witnesses campaigning that day.
This candidate-battery crime against our democracy was by one of Mayor RICHARD BURTT O'BRIEN's most outspoken supporters at the St. Augustine Beach's only voting location.
This crime against our democracy was in the context of Mayor O'BRIEN's anger at his political machine facing opposition by two candidates, Ms. Bailey running against him, and Maggie Kostka successfully running against erstwhile Mayor ANDREA SAMUELS, who lost ignominiously.
This crime against our democracy was in the context of Mayor O'Brien bringing and eventually losing a "stalking" injunction against government watchdog Thomas Reynolds, now a candidate for St. Johns County Commission seat 4 as a Democrat.
Kudos to St. Augustine Beach Police Chief Robert Hardwick, Officer Jessie Z. Lewis, State's Attorney Ralph Joseph Larizza and Assistant State's Attorney Samuel Frazer for enforcing the law.
Twelve days earlier, on October 27, 2016, outside a mainland early voting polling place (Southeast Branch Public Library), Anastasia Mosquito Control Commission of St. Johns County candidate Merrill Paul Roland was insulted, assaulted, punched, kicked, battered and spat upon by St. Johns County Republican Executive Committee Chair ERIC WEST, against whom no charges have been filed yet. Mr. Roland was hospitalized as a result.
The criminal charges against TRINCA place in sharp repose the May 1, 2017 maudlin meanderings of Mayor RICHARD BURTT O'BRIEN and Commissioner SHERMAN GARY SNODGRASS "apologizing" to City staff for not shutting down dissenters. See St. Augustine Record editorial of May 4, 2017 and May 3, 2017 St. Augustine Record article, my commentary, and comment of First Amendment attorney Thomas Elijah Cushman, here.
Criminal defendant LEONARD PATRICK TRINCA is represented by local trial lawyer PATRICK "DUCKS" CANAN, erstwhile School Board Chairman and a putative Democrat who has hosted fundraisers for Charles Crist and other statewide candidates. As School Board Chairman, PATRICK "DUCKS" CANAN was unhelpful and discourages about answering still-unanswered questions about school board purchasing practices.
PATRICK "DUCKS" CANAN raised eyebrows with his maudlin, emotional, malicious manner of avoiding to my questions in 2016 about possible bid-rigging activity in school construction, as evidenced by only one bid received for an Aberdeen School last year. Read PATRICK "DUCKS" CANAN's bumptious, bigoted, bullying, threatening June 6, 2016 e-mail message here. As William F. Buckley, Jr. once said, "Why does baloney reject the grinder?"
.
-------------
Again, LARIZZA has not responded to an e-mail request yesterday for an interview and multiple Open Records requests, first filed in August 2017, including this one:
-----Original Message-----
From: Ed Slavin
To: larizzar
Cc: rvbailey; pcanan ;
From: Ed Slavin
To: larizzar
Cc: rvbailey
Sent: Mon, Aug 28, 2017 11:03 am
Subject: Request No. 2017-519: State's Attorney R.J. Larizza's refusal to allow political hate crime victim to tape record her own deposition
Subject: Request No. 2017-519: State's Attorney R.J. Larizza's refusal to allow political hate crime victim to tape record her own deposition
Dear Mr. Larizza:
1. Please provide any documents conveying or containing any legal authority, instructions, policy, procedure, permission or reason of any kind for Valeriy Avanesov's agreeing with defense attorney PATRICK CANAN's refusal to allow St. Augustine Beach City Commission candidate Rosetta Bailey to tape record her own oral deposition on August 25, 2017 in the case of State of Florida v. Leonard Trinca, in which the campaign manager, neighbor and close friend of controversial St. Augustine Beach Mayor RICHARD BURTT O'BRIEN is charged with assault for shoving Ms. Rosetta Bailey on November 8, 2016 (Election Day) at the St. Augustine Beach City Hall (a polling place).
1. Please provide any documents conveying or containing any legal authority, instructions, policy, procedure, permission or reason of any kind for Valeriy Avanesov's agreeing with defense attorney PATRICK CANAN's refusal to allow St. Augustine Beach City Commission candidate Rosetta Bailey to tape record her own oral deposition on August 25, 2017 in the case of State of Florida v. Leonard Trinca, in which the campaign manager, neighbor and close friend of controversial St. Augustine Beach Mayor RICHARD BURTT O'BRIEN is charged with assault for shoving Ms. Rosetta Bailey on November 8, 2016 (Election Day) at the St. Augustine Beach City Hall (a polling place).
2. First Amendment violations are a serious matter, whether by:
A. Mayor O'BRIEN in seeking a wrongful injunction against Rosetta Bailey campaigner Tom Reynolds, or
B. Mayor O'BRIEN's campaign manager in assaulting O'BRIEN's opponent, or
C. The Seventh Circuit State's Attorney's office in aiding and abetting that assault after the fact by making the crime victim uncomfortable, refusing to allow her to tape record her own deposition, and refusing to allow her request to allow others to attend, denying her requests without law or logic.
3. Will you please direct Valeriy Avanesov and the rest of your staff, by e-mail, to cease and desist violating citizens' First Amendment rights, including the right to tape record one's own depositions? Please send me a copy of the instruction e-mail.
4. Will you please coach and counsel Valeriy Avanesov?
5. Please call me to discuss this and other First Amendment issues and kindly schedule a meeting with Ms. Bailey.
Thank you.
With kindest regards, I am,
 | ||||
No comments:
Post a Comment