Saturday, August 31, 2024

Maurine Boles, R.I.P.

Maurine Boles, left, travels in a horse-drawn carriage during the 2009 Easter Parade while representing the Woman's Exchange of St. Augustine. [RECORD FILE]

Lovely lady, she will be missed. Talked with her during several Uptown Saturday events at her son's art gallery.  She regaled my friend, the late Maureen Ortagus,  and I with stories about life in St. Augustine. Once there was a City Commission meeting in her front parlor, she explained; then they went and held "the real one," and it took only "twenty minutes," because St. Augustine Commissioners had already decided what they would so, in an apparent violation of Florida's Government in the Sunshine law. From St. Augustine Record: 

Mildred Maurine Marshall Boles of St Augustine, Florida passed away peacefully, on August 10, 2024, at the age of 92. She was born in Walnut Cove, NC on March 23, 1932. Maurine was predeceased by her parents, Wade and Cleta Marshall, her husband, Joseph Boles, Sr and her daughter, Melissa Boles. She is survived by her siblings, Cleta Marshall Covington, Garner, NC, Alice Marshall Morgan, Cleveland, Ohio, Wade Marshall (Wally), Santa Rosa, FL, and her sons, Joseph L. Boles, Jr. (Jane) and Michael Boles (Daria) both of St Augustine, FL. She is survived by 9 grandchildren and 2 great grandchildren.

Maurine and her husband moved to St Augustine is 1967. Her love of history and of textiles led her to be very involved in her local community. She and her husband were active in treasure hunting and salvage along the first coast and instrumental in the opening of the current Lightner Museum. Maurine was a founding member of the Textile Arts Guild of St Augustine, she worked as a Guardian Ad Litem advocate and was long time member of the Woman’s Exchange of St. Augustine. Her involvement with the Woman’s Exchange included acting as the historian, a former curator and a past president. She was also a member of the Maria Jefferson Chapter, Daughters of the American Revolution. 

Donations can be made in Maurine’s memory to: The Lightner Museum, 75 King Street, Saint Augustine, FL 32084. 

A private family service will be held in the near future.












Polls: Harris leads Trump in post-DNC afterglow. (Los Angeles Times, August 30, 2024)

Good news.  From Los Angeles Times: 

Polls: Harris leads Trump in post-DNC afterglow


Side-by-side photos of Donald Trump and Kamala Harris.
Former President Trump on Thursday in La Crosse, Wis. Vice President Kamala Harris speaks that same day in Savannah, Ga.
  
(Charlie Neibergall, Stephen B. Morton / Associated Press)

With just over two months left until Election Day, Vice President Kamala Harris has taken a slight lead over former President Trump in national polls and has made advances in several swing states that previously seemed locked up for Trump. 

Poll after poll shows the race essentially tied, with leads for either Trump or Harris often within the margin of error.

Harris would take 45% of the nationwide vote, compared with Trump’s 41%, according to a Reuters/Ipsos poll of registered voters, released Thursday. Her margin widened to 13 percentage points over Trump among women and Hispanic voters, the survey found.

Harris leads Trump 48% to 47% in a head-to-head matchup, according to a Thursday poll conducted by the Wall Street Journal, which noted the vice president holds a 2-point lead when independent and third-party candidates are factored into the survey.

And in a USA Today/Suffolk University survey, also released Thursday, Harris holds a 48%-to-43% lead over Trump. 

The spate of new polls, released after the pro-Harris blitz at the Democratic National Convention wrapped up, reflects a dramatic shift in the state of the race since President Biden dropped out just over a month ago.

The Trump campaign anticipated the post-DNC bump of support for Harris, saying in a statement before her acceptance speech Aug. 22, “These bumps do not last.” The campaign noted that it had also predicted a “honeymoon” period of positive polling and good press after Harris’ nomination, adding that it blamed the media, which it said had “decided to extend the honeymoon for over 4 weeks now.”

Narrow margins in swing states

Both the Trump and Harris campaigns have been zeroing in on the swing states likely to determine the election. Harris and her running mate, Minnesota Gov. Tim Walz, campaigned in Georgia and North Carolina this week and announced a “reproductive freedom bus tour” across several battleground states, beginning next week. Meanwhile, Trump and his running mate, Ohio Sen. JD Vance, visited Michigan, Wisconsin and Pennsylvania.

The Reuters/Ipsos poll found that Trump led Harris 45% to 43% among registered voters across the seven battleground states of Wisconsin, Pennsylvania, Georgia, Arizona, North Carolina, Michigan and Nevada. But a Bloomberg News/Morning Consult poll showed Harris either leading or tied with Trump in the same states.

A Fox News poll conducted over the weekend showed Harris leading by 1 percentage point in Arizona, and by 2 points in Georgia and Nevada. Trump was up 1 point in North Carolina, according to the Fox News poll. 

The Fox News polling finds Harris keeping pace with the support that won President Biden the election in 2020; he eked out leads in Arizona, Georgia and Nevada while Trump won North Carolina. In the 2024 campaign, Trump previously held a commanding lead in the four Sun Belt states before Biden dropped out, according to Fox News polls conducted earlier this year.

Harris maintained a 1-point lead across the four states even when third-party candidates such as Chase Oliver, Jill Stein and Cornel West were included, the Fox News survey found.

Issues voters care about

More Americans trust Harris on the issues of abortion, healthcare, uniting the country, fighting for the people and bringing needed change, according to the Fox News poll. But Trump is the go-to candidate for border security and immigration, the economy and the Israel-Hamas war, it found. 

Voters who spoke to Reuters/Ipsos pollsters agreed that Trump would have a better approach to managing the U.S. economy — 45% compared with 36% for Harris. But they preferred the vice president at a 47% to 31% advantage on the issue of abortion policy. 

On the topic of democracy and election integrity, 68% of voters in a poll conducted by ABC News/Ipsos said that Harris was likely to accept the election results, compared with just 29% who said the same about Trump. As for the voters themselves, 81% said they would accept the outcome no matter who won. 

Pro-Palestinian voters continue to show discontent

Harris’ numbers are not all so bright, however. The Council on American-Islamic Relations found in a poll released Thursday that 29.4% of American Muslims intend to vote for Harris — nearly tying with their support for Green Party candidate Stein at 29.1%. The findings reveal that American Muslims continue to press their complaints about the Biden-Harris administration’s policies on Gaza. 

Trump voters made up 11.2% of those polled, with small percentages for West and Oliver. About 16% said they were undecided.

During the spring’s Democratic primaries, many Muslims and pro-Palestinian voters showed their discontent with Biden by casting ballots marked “uncommitted.” This was especially true in Michigan, a swing state where Biden won by less than 3% of the vote in 2020 and home to the largest population of Arab Americans in the nation. More than 13% of voters cast “uncommitted” ballots in the state’s February primary.

Stein, a long-shot third-party candidate, frequently runs in presidential elections without notching much support countrywide. But CAIR’s survey shows that she provides an outlet for disgruntled Americans to register their discontent. Still, Harris’ prospects among American Muslims are an improvement over Biden’s. In a previous survey of 2,500 Muslim Americans, CAIR found that they supported Biden at 7.3%, compared with Trump at 4.9%. Overwhelming support went to third-party candidates Stein at 36% and West at 25.2%. 

The RFK Jr. effect

When Robert F. Kennedy Jr. dropped out of the race last week and endorsed Trump, pundits were aflutter with questions about how his decision would affect the leading two candidates. Early polling shows that the remaining support for Kennedy — which had diminished after Biden dropped out and Harris became the Democratic nominee — is turning toward Trump. 

The Fox News poll found that 3 in 4 voters who had a favorable view of Kennedy now support Trump.

Trump vs. Harris 2024 Polls: Harris Leads By More Than 5 Points In Latest Survey. (Sara Dorn, Forbes, August 30, 2024)

FREEDOM WORKS. The American people know the difference between right and wrong. Yes we can!  From Forbes: 

Trump vs. Harris 2024 Polls: Harris Leads By More Than 5 Points In Latest Survey


TOPLINE

 

Vice President Kamala Harris beats former President Donald Trump in at least eight surveys taken after the Democratic National Convention, adding to her winning polling streak and expanding her edge on Trump since last month—though the size of her lead remains unchanged since before the convention. 


KEY FACTS

Harris was up more than five points in both two-way (52.6% to 47.4%) and five-way (49.5% to 44%) matchups with third-party candidates on the ballot, according to an Outward Intelligence survey of 2,191 likely voters taken Aug. 25-29

Harris led Trump 47%-45% if third-party candidates were included or 48%-47% head-to-head in a Wall Street Journal poll released Thursday, marking the first time in over a year Trump has trailed in a Journal survey—a reversal from Trump’s 49%-47% head-to-head edge a month ago (the poll surveyed registered voters from Aug. 24-28, margin of error 2.5 points).

Harris had a 49%-47% edge in Quinnipiac’s first poll of likely voters, within the poll’s 2.4-point margin of error, as Trump and Harris split independents 45%-45% (the poll—taken Aug. 23-27—allowed respondents to pick third-party candidates, and in a head-to-head race, Harris’ lead shrinks to 49%-48%).

The vice president led Trump by five points—48%-43%—among likely voters in a Suffolk/USA Today poll taken Aug. 25-28, a massive shift from Trump’s 41%-38% lead over President Joe Biden shortly after Biden’s rough debate performance in June (the latest survey’s margin of error is 3.1 points).

Harris had a 45%-41% lead in an Ipsos/Reuters poll of registered voters released Aug. 29, outpacing the poll’s 2-point margin of error, and expanding Harris’ one-point advantage in late July (another Ipsos poll that didn’t include Reuters recorded a 5-point Harris lead in early August).

Harris has made gains among women and Black, Hispanic and younger voters in the last month, the two latest surveys found.

A handful of other surveys taken this week showed Harris’ lead virtually unchanged since the Democratic National Convention: She led Trump by two points in an Economist/YouGov poll (similar to three points a week earlier and two points two weeks ago), and just one point in a Yahoo News/YouGov poll (compared to a tie shortly after the Republican National Convention, when Biden remained in the race).

Harris leads Trump by a larger margin—48% to 44%—in an Aug. 23-25 Morning Consult survey of registered voters, findings that mirror the group’s Aug. 16-18 survey taken before the Democratic National Convention, which concluded last week in Chicago.

Surveys have broadly shown a shift in Democrats’ favor since Harris’ entrance into the race last month.

In the days leading up to the DNC, Harris led Trump 49%-45% among registered voters and 51%-45% among likely voters in a poll by Ipsos, ABC News and The Washington Post, while Harris had a 51%-48% edge among likely voters according to CBS and YouGov, and a 50%-46% lead in an Emerson College poll of likely voters.

Just one major poll in recent weeks, taken by Fox News and released Aug. 15, found Trump leading, 50% to 49% among registered voters.

BIG NUMBER

1.6. That’s how many points Harris leads Trump by in RealClearPolitics’ latest polling average. Meanwhile, FiveThirtyEight’s weighted average shows Harris with a 3.4-point lead.

CONTRA

Trump led Harris in at least eight other polls after Biden dropped out of the race, but most show Harris denting Trump’s lead and her approval rating ticking up since she announced her candidacy. Trump led Harris by one point (48% to 47%) in a New York Times/Siena poll conducted July 22-24, and by two points (47% to 45%) in a HarrisX/Forbesonline survey released June 26.

SURPRISING FACT

A Monmouth University poll released Aug. 14 found Democratic enthusiasm has nearly doubled since Harris’ entrance into the race, from 46% in June to 85% now, while enthusiasm among Republicans has stayed stagnant at 71%.

HOW DOES HARRIS PERFORM AGAINST TRUMP IN SWING STATES?

Harris leads Trump by one point overall in the seven battleground states likely to decide the election: Michigan, Pennsylvania, Wisconsin, Nevada, Arizona, North Carolina and Georgia, according to a Cook Political Report survey. Harris leads Trump in five of the seven states, is tied with him in Georgia and is trailing Trump by three points in Nevada, the Cook poll found.

CONTRA

Trump campaign pollster Tony Fabrizio predicted a “short term” bump in polls for Harris in the coming weeks as her entrance into the race is expected to reenergize Democrats, referring to the anticipated boost as a “Harris Honeymoon” in a memo released shortly after a Reuters/Ipsos poll was made public.

KEY BACKGROUND

Biden dropped out of the race on July 21 after resisting calls from within his own party for weeks to end his reelection bid in the wake of his disastrous performance in the June 27 debate. Biden immediately endorsed Harris and she announced plans to seek the nomination. The party has quickly coalesced around her, with 99% of Democratic delegates voting to officially nominate her in a virtual roll call prior to the convention. Harris tapped Minnesota Gov. Tim Walz as her running mate, weeks after Trump announced Ohio Sen. JD Vance as his pick for vice president at the start of the Republican National Convention on July 18. Democrats held their convention Aug. 19-22 in Chicago.

FURTHER READING

Trump’s Lead Over Biden And Harris Jumped After RNC, HarrisX/Forbes Poll Finds (Forbes)

Here’s How Kamala Harris Performs In Polls Against Trump—As Biden Drops Out And Endorses Harris (Forbes)

Harris’ Lead Over Trump Unchanged After DNC, First Poll Finds (Forbes)

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Ex-teacher gets 5 years in prison for threatening Florida judge in LGBTQ case. (NBC News)

"No comment."  (That was the two word bon mot that the late Kathy Ramsey, the wife of my friend and mentor, the legendary Anderson County (Tenn.) District Attorney General, James Nelson Ramsey had inscribed on a gold tie clasp, as a gift to her husband, an outspoken anti-corruption elected official in a truly corrupt county, where the bribe-taking Sheriff, DENNIS OWEN TROTTER, went to prison in 1984. DA Jim Ramsey served with honor from circa 1978-2006, sometimes following the advice inscribed on that golden tie clasp). From NBC News and PACER.gov (which shows that Defendant STEPHEN JAY THORN has filed a notice of appeal from the five year prison sentence):


Ex-teacher gets 5 years in prison for threatening Florida judge in LGBTQ case

The judge had rejected a challenge to the state’s so-called don’t say gay law restricting classroom discussion of sexual orientation and gender identity.

 / Source: Reuters

A retired teacher was sentenced on Wednesday to five years in prison for threatening in obscenity-filled voicemails to harm a federal judge in Florida who had rejected a challenge to the state’s so-called “don’t say gay” law restricting classroom discussion of sexual orientation and gender identity.

U.S. District Judge William Jung in Tampa sentenced Stephen Thorn, 66, to the maximum sentence possible after he pleaded guilty in May to a single threat charge. The sentence was twice as long as prosecutors had sought.

Thorn’s lawyer did not respond to a request for comment. In a letterfiled in court, Thorn apologized, saying he “rashly and angrily” over-reacted after reading a news story about the judge’s ruling.

Prosecutors in court papers said the case was an example of the rising numbers of threats against federal judges nationally, a trend they attributed to how judicial opinions are viewed in an increasingly ideological country.

Serious threats against federal judges rose to 457 in fiscal year 2023, which ended on Sept. 30, from 224 in fiscal 2021, the U.S. Marshals Service says. The phenomena was documented in a Reuters investigation this year.

Judge Wendy Berger.
Now U.S. District Judge Wendy Berger appears before the U.S. Senate Judiciary Committee for a hearing on her nomination to the bench on Oct. 17, 2018.U.S. Senate

Prosecutors did not identify the judge in Thorn’s case by name. But court filings specify his voicemails related to a 2022 ruling issued by U.S. District Judge Wendy Berger in Orlando, an appointee of Republican former President Donald Trump.

Berger in that ruling dismissed a lawsuit by LGBTQ students, their families and civil rights groups seeking to stop the Florida measure from being implemented after Republican Governor Ron DeSantis signed it into law earlier that year.

The Florida measure, formally called the Parental Rights in Education Act, bars classroom instruction in public schools on sexual orientation or gender identity for children in kindergarten through third grade, or from about ages 5-9.

It also prohibits such teaching that “is not age appropriate or developmentally appropriate” for students in other grades.

In his voicemails, Thorn, who is gay, said the judge had no idea what LGBTQ children go through and was “basically giving a green light for them to be thought of as second-class citizens and bullied.”

Thorn said he had looked up where the judge, her husband and two children lived and said the judge was “very easy to track.”

“Let’s see how you would like it if somebody endangered your children in school or your grandchildren in school,” Thorn said. “You are an embarrassment to the judicial system.”

Berger did not respond to a request for comment.


APPEAL,CLOSED,SL DOC

U.S. District Court
Middle District of Florida (Tampa)
CRIMINAL DOCKET FOR CASE #: 8:23-cr-00361-WFJ-CPT-1


Case title: USA v. Thorn 

Date Filed: 09/06/2023 

Date Terminated: 08/28/2024

Assigned to: Judge William F. Jung
Referred to: Magistrate Judge Christopher P. Tuite

Defendant (1)
Stephen Jay Thorn
TERMINATED: 08/28/2024
represented byJason Matthew Mayberry 
Mayberry Law Firm, LLC 
402 E. 7th Ave 
Tampa, FL 33602 
813-444-7435 
Fax: 727-755-0098 
Email: jason@mayberryfirm.com
TERMINATED: 08/30/2024
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Michael Shay Ryan 
Federal Public Defender's Office 
201 S Orange Ave., Ste 300 
Orlando, FL 32801-3417 
407/648-6338 
Fax: 407/648-6765 
Email: michael_ryan@fd.org
TERMINATED: 01/09/2024
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Joshua Roy Lukman 
Federal Public Defender's Office 
201 S Orange Ave., Ste 300 
Orlando, FL 32801-3417 
407/648-6338 
Fax: 407/648-6095 
Email: joshua_lukman@fd.org
TERMINATED: 09/22/2023
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Thomas A. Burns 
Burns, PA 
301 W Platt St Ste 137 
Tampa, FL 33606-2292 
813/642-6350 
Fax: 813/642-6350 
Email: tburns@burnslawpa.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts

Disposition
INTERSTATE COMMUNICATIONS - THREATS
(1)
Imprisonment: 60 Months; Supervised Release: 36 Months; Special Assessment: $100.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
OBSCENE OR HARASSING TELEPHONE CALLS
(2)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USArepresented byJoseph Wheeler , III 
DOJ-USAO 
400 N. Tampa Street 
Suite 3200 
Tampa, FL 32602 
813-274-6152 
Email: joseph.wheeler2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed#Docket Text
09/06/20231 INDICTMENT returned in open court as to Stephen Jay Thorn (2) counts 1, 2. (Attachments: # 1 Restricted Unredacted Indictment) (BCB) (Entered: 09/12/2023)
09/06/20232 MOTION TO SEAL INDICTMENT by USA as to Stephen Jay Thorn. (BCB)Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 09/12/2023)
09/06/20233 ORDER granting 2 Sealed Motion as to Stephen Jay Thorn (1) Signed by Magistrate Judge Robert M. Norway on 9/6/2023. (BCB) (Entered: 09/12/2023)
09/06/20234 NOTICE of possible conflict of interest by USA. (BCB) (Entered: 09/12/2023)
09/06/2023Docket Entry Created in Error (BCB). Modified on 9/13/2023 (BCB). (Entered: 09/12/2023)
09/12/2023 Arrest of Stephen Jay Thorn in Northern District of Florida. (BCB) (Entered: 09/12/2023)
09/12/20237 Rule 5(c)(3) documents received from the Northern District of Florida as to Stephen Jay Thorn which includes: Docket Sheet, Initial Appearance Minutes, Waiver of Rule 5 or 32.1 Hearings, Order Setting Conditions of Release and Order Requiring Appearance. (Attachments: # 1 NDFL Initial Appearance Minutes, # 2 Rule 5 Waiver, # 3 Conditions of Release, # 4 Order Requiring Appearance)(TNP) (Entered: 09/12/2023)
09/13/2023NOTICE OF HEARING as to Stephen Jay Thorn: Initial Appearance and Arraignment set for 9/20/2023 at 03:00 PM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. The defendant's presence is required. (TNP) (Entered: 09/13/2023)
09/20/202310 Minute Entry for In Person proceedings held before Magistrate Judge Daniel C. Irick: ARRAIGNMENT and In-District Initial Appearance as to Stephen Jay Thorn (1) Counts 1, 2, held on 9/20/2023. Defendant pled not guilty. (Digital) (TNP) Modified text on 9/21/2023 (TNP). (Entered: 09/20/2023)
09/20/202311 SCHEDULING ORDER as to Stephen Jay Thorn. Status Conference set for 10/10/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for 11/6/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Signed by Magistrate Judge Daniel C. Irick on 9/20/2023. (TNP) (Entered: 09/20/2023)
09/20/202312 NOTICE of Standing Order Regarding Due Process Protections Act, 3:20-mc-20-TJC, Doc 1 as to Stephen Jay Thorn: Pursuant to the Due Process Protections Act, the Court confirms the United States' disclosure obligation under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny and orders the United States to comply with that obligation. Violating this order may result in consequences, including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, and other sanctions. Signed by Judge Timothy J. Corrigan. (TNP) (Entered: 09/20/2023)
09/20/202313 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Stephen Jay Thorn. Signed by Magistrate Judge Daniel C. Irick on 9/20/2023. (TNP) (Entered: 09/20/2023)
09/22/202314 NOTICE OF ATTORNEY APPEARANCE: Michael Shay Ryan appearing for Stephen Jay Thorn and Substitution of Counsel (Ryan, Michael) (Entered: 09/22/2023)
10/06/202316 NOTICE of estimated length of trial by USA. Estimated trial length: 2 days days. (Wheeler, Joseph) (Entered: 10/06/2023)
10/09/202317 ENDORSED ORDER granting 15 Motion for Leave to File Under Seal. The government may file under seal its Certificate of Interested Persons and Corporate Disclosure Statement. That Certificate and the attachment to the Motion to Seal (Doc. 15-1) shall remain under seal until further order of the Court. Signed by Magistrate Judge Daniel C. Irick on 10/9/2023. (Irick, Daniel) (Entered: 10/09/2023)
10/09/202318 Unopposed MOTION to Change Venue / Transfer Case to the Tampa Division by Stephen Jay Thorn. (Ryan, Michael) (Entered: 10/09/2023)
10/09/202319 Unopposed MOTION to Withdraw as Attorney by Michael Shay Ryan. by Stephen Jay Thorn. (Ryan, Michael) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 10/09/2023)
10/10/202320 Minute Entry for In Person proceedings held before Judge Roy B. Dalton, Jr.: STATUS Conference as to Stephen Jay Thorn held on 10/10/2023. Court Reporter: Amie First. (ALL) (Entered: 10/10/2023)
10/10/202321 ORAL ORDER granting 18 Unopposed Motion to Change Venue / Transfer Case to Tampa Division as to Stephen Jay Thorn (1). After considering all the factors, including those set forth in 18 U.S.C. § 3161(h)(7)(B), and for the reasons stated on the record at the status conference, the Court finds that the ends of justice served by granting such a continuance outweigh the best interest of the public and the defendant in a speedy trial. The Court, therefore, determines that the time from today 10/10/2023 until and including 12/31/2023, shall be "excludable time" pursuant to 18 U.S.C. § 3161(h). The Clerk's Office is DIRECTED to TRANSFER and REASSIGN this case to the Tampa Division. Signed by Judge Roy B. Dalton, Jr. on 10/10/2023. (ALL) (Entered: 10/10/2023)
10/10/202322 ORAL ORDER denying without prejudice 19 Motion to Withdraw as Attorney as to Stephen Jay Thorn (1). Signed by Judge Roy B. Dalton, Jr. on 10/10/2023. (ALL) (Entered: 10/10/2023)
10/10/202323 TRANSFER IN of case as to Stephen Jay Thorn. Transferred from Orlando - Case Number 6:23-cr-171. Case assigned to District Judge Thomas P. Barber and Magistrate Judge Christopher P. Tuite. New Case Number: 8:23-cr-361-TPB-CPT. (JNB) (Entered: 10/10/2023)
10/19/202324 PRETRIAL discovery order and notice as to Stephen Jay Thorn. Jury Trial set for the DECEMBER 2023 trial term commencing on 12/4/2023 before Judge Thomas P. Barber. Status Conference set for 11/16/2023 at 09:30 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Signed by Magistrate Judge Christopher P. Tuite on 10/19/2023. (AMS) (Entered: 10/19/2023)
11/06/202325 WAIVER of speedy trial through February 29, 2024 by Stephen Jay Thorn (Ryan, Michael) (Entered: 11/06/2023)
11/16/202326 Minute Entry for In Person proceedings held before Judge Thomas P. Barber: STATUS Conference as to Stephen Jay Thorn held on 11/16/2023. Court Reporter: Rebekah Lockwood (SRC) (Entered: 11/16/2023)
11/16/202327 ORDER OF RECUSAL in case as to Stephen Jay Thorn. Signed by Judge Thomas P. Barber on 11/16/2023. (SRC) (Entered: 11/16/2023)
11/16/202328 ORAL MOTION to Continue Trial by Stephen Jay Thorn. (SRC) (Entered: 11/17/2023)
11/16/202329 ENDORSED ORDER granting 28 Oral Motion to Continue Trial as to Stephen Jay Thorn (1). After considering all the factors, including those set forth in 18 U.S.C. § 3161(h)(7)(B), and for the reasons stated on the record at the status conference, the Court finds that the ends of justice served by granting such a continuance outweigh the best interest of the public and the defendant in a speedy trial. The Court, therefore, determines that the time from today 11/16/2023 until and including 2/29/2024, shall be "excludable time" pursuant to 18 U.S.C. § 3161(h). Signed by Judge Thomas P. Barber on 11/16/2023. (SRC) (Entered: 11/17/2023)
11/17/202330 ORDER directing the Clerk to reassign this case to the Honorable William F. Jung for all further proceedings as to Stephen Jay Thorn. Signed by Chief Judge Timothy J. Corrigan on 11/17/2023. (SRW) (Entered: 11/17/2023)
11/20/202331 Case as to Stephen Jay Thorn Reassigned to Judge William F. Jung. New case number: 8:23-cr-361-WFJ-CPT. Judge Thomas P. Barber no longer assigned to the case. (JNB) (Entered: 11/20/2023)
11/21/202332 NOTICE OF HEARING as to Stephen Jay Thorn: Telephonic Status Conference set for 12/14/2023 at 11:00 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll-free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1214 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (JCG) (Entered: 11/21/2023)
12/14/202333 Minute Entry for Telephonic proceedings held before Judge William F. Jung: STATUS Conference Regarding Counsel as to Stephen Jay Thorn held on 12/14/2023. Court Reporter: Tracey Aurelio (JCG) (Entered: 12/14/2023)
12/14/202334 ORAL MOTION to Continue trial by Stephen Jay Thorn. (JCG) (Entered: 12/14/2023)
12/14/202335 ORAL ORDER granting 34 Motion to Continue as to Stephen Jay Thorn (1). Pursuant to 18 U.S.C. § 3161(h)(7)(a), the Court finds that the ends of justice served by a continuance outweigh the best interest of the public and the defendant in a speedy trial, reasons being to permit both sides to adequately prepare for trial and resolve issues pertinent thereto. This time is, therefore, deemed EXCLUDABLE until trial. Status Conference set for 1/11/2024 at 12:00 PM (Noon) before Judge William F. Jung. Counsel are directed to call the reserved conference toll-free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 0111 followed by the # (pound) key. Signed by Judge William F. Jung on 12/14/2023. (JCG) (Entered: 12/14/2023)
01/04/202436 MOTION to Change Venue / Transfer Case to Another District Factual and Procedural Background by Stephen Jay Thorn. (Attachments: # 1 Supplement Supplement Motion to Withdraw Due to Conflict)(Ryan, Michael) (Entered: 01/04/2024)
01/04/202437 Supplemental MOTION to Withdraw as Attorney by Michael S. Ryan. by Stephen Jay Thorn. (Ryan, Michael) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 01/04/2024)
01/05/202438 ENDORSED ORDER directing USA to respond to 36 MOTION to Change Venue / Transfer Case to Another District Factual and Procedural Background as to Stephen Jay Thorn. Responses due by 2/5/2024 Signed by Judge William F. Jung on 1/5/2024. (JCG) (Entered: 01/05/2024)
01/09/202439 ENDORSED ORDER granting Assistant Federal Public Defender Michael Ryan's 37 Supplemental Motion to Withdraw Due to A Conflict. For the reasons stated in Mr. Ryan's motion, the Clerk of Court is directed to terminate Mr. Ryan and the Federal Public Defender's Office as counsel of record for Defendant Stephen Jay Thorn and appoint substitute CJA counsel. Signed by Magistrate Judge Christopher P. Tuite on 1/9/2024. (AMS) (Entered: 01/09/2024)
01/10/202440 ENDORSED ORDER of Appointment of CJA Counsel as to Stephen Jay Thorn: Appointment of Attorney Jason Matthew Mayberry for Stephen Jay Thorn. Signed by Magistrate Judge Christopher P. Tuite on 1/10/2024. (AMS) (Entered: 01/10/2024)
01/11/202441 Minute Entry for Telephonic proceedings held before Judge William F. Jung: STATUS Conference Regarding Counsel as to Stephen Jay Thorn held on 1/11/2024. Court Reporter: Tracey Aurelio (JCG) (Entered: 01/11/2024)
01/11/202442 ORAL MOTION to Continue trial by Stephen Jay Thorn. (JCG) (Entered: 01/11/2024)
01/11/202443 ORAL ORDER granting 42 Motion to Continue as to Stephen Jay Thorn (1). Pursuant to 18 U.S.C. § 3161(h)(7)(a), the Court finds that the ends of justice served by a continuance outweigh the best interest of the public and the defendant in a speedy trial, reasons being to permit both sides to adequately prepare for trial and resolve issues pertinent thereto. This time is, therefore, deemed EXCLUDABLE until trial. Jury Trial set for the June 2024 Trial Term commencing 6/3/2024 at 09:00 AM before Judge William F. Jung. Status Conference set for 5/9/2024 at 11:00 AM Counsel are directed to call the reserved conference toll-free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 0314 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. Signed by Judge William F. Jung on 1/11/2024. (JCG) (Entered: 01/11/2024)
01/30/202444 MOTION to Withdraw Document 36 MOTION to Change Venue / Transfer Case to Another District Factual and Procedural Background by Stephen Jay Thorn. (Mayberry, Jason) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 01/30/2024)
02/01/202445 NOTICE OF HEARING ON MOTION in case as to Stephen Jay Thorn: 44 MOTION to Withdraw Document 36 MOTION to Change Venue / Transfer Case to Another District Factual and Procedural Background . Motion Hearing set for 2/5/2024 at 10:00 AM in Tampa Courtroom 12 A before Magistrate Judge Christopher P. Tuite. (AMS) (Entered: 02/01/2024)
02/05/202446 RESPONSE in Opposition by USA as to Stephen Jay Thorn re 36 MOTION to Change Venue / Transfer Case to Another District Factual and Procedural Background (Wheeler, Joseph) (Entered: 02/05/2024)
02/05/202447 Minute Entry for In Person proceedings held before Magistrate Judge Christopher P. Tuite: STATUS Conference as to Stephen Jay Thorn held on 2/5/2024. (Digital) (AMS) (Entered: 02/06/2024)
02/05/202448 ENDORSED ORDER re: Stephen Jay Thorn's 44 Motion to Withdraw Motion to Transfer to Another District. For the reasons stated on the record at the February 5, 2024, hearing on the matter, Defendant's motion to withdraw is denied without prejudice. No later than February 15, 2024, Defendant shall file an amended motion to withdraw, which includes a properly supported request to appear remotely at a hearing on the motion. And no later than February 22, 2024, the government shall file a response to Defendant's amended motion to withdraw. Signed by Magistrate Judge Christopher P. Tuite on 2/5/2024. (AMS) (Entered: 02/06/2024)
02/06/202449 WAIVER of of Appearance at Motion Hearing as to Stephen Jay Thorn. (Mayberry, Jason) (Entered: 02/06/2024)
02/07/202450 MOTION to Amend 44 MOTION to Withdraw Document 36 MOTION to Change Venue / Transfer Case to Another District Factual and Procedural Background filed by Stephen Jay Thorn by Stephen Jay Thorn. (Mayberry, Jason) (Entered: 02/07/2024)
02/12/202451 AMENDED ORDER finding as moot 36 Motion to Change Venue / Transfer Case as to Stephen Jay Thorn (1). Signed by Judge William F. Jung on 2/12/2024. (Jung, William) (Entered: 02/12/2024)
02/12/202452 ENDORSED ORDER granting in part and denying in part 50 Motion to Amend as to Stephen Jay Thorn (1). The case will stay here, with the present defense counsel. Any request to appear telephonically or via video presently is unripe and is therefore denied. Signed by Judge William F. Jung on 2/12/2024. (Jung, William) (Entered: 02/12/2024)
04/09/202453 NOTICE OF HEARING as to Stephen Jay Thorn: Change of Plea Hearing set for 5/14/2024 at 09:30 AM in Tampa Courtroom 12 B before Magistrate Judge Christopher P. Tuite. (AMS) (Entered: 04/09/2024)
04/11/202454 PLEA AGREEMENT re: count(s) One of the Indictment as to Stephen Jay Thorn (Wheeler, Joseph) (Entered: 04/11/2024)
04/26/202455 NOTICE canceling the telephonic Status Conference hearing scheduled for 5/9/24 as to Stephen Jay Thorn. (JCG) (Entered: 04/26/2024)
05/14/202456 CONSENT regarding entry of a plea of guilty as to Stephen Jay Thorn (AMS) (Entered: 05/14/2024)
05/14/202457 CONSENT to institute presentence investigation report as to Stephen Jay Thorn. (AMS) (Entered: 05/14/2024)
05/14/202458 Minute Entry for In Person proceedings held before Magistrate Judge Christopher P. Tuite: GUILTY PLEA HEARING as to Stephen Jay Thorn held on 5/14/2024. (Digital) (AMS) (Entered: 05/14/2024)
05/14/202460 REPORT AND RECOMMENDATIONS Concerning Plea of Guilty re: count(s) One of the Indictment as to Stephen Jay Thorn. Signed by Magistrate Judge Christopher P. Tuite on 5/14/2024. (AMS) (Entered: 05/14/2024)
05/29/202461 ACCEPTANCE OF PLEA of guilty and adjudication of guilt re: count One of the Indictment as to Stephen Jay Thorn. Signed by Judge William F. Jung on 5/29/2024. (Sentencing set for 8/28/2024 at 11:00 AM in Tampa Courtroom 15 B before Judge William F. Jung.) (JCG) (Entered: 05/29/2024)
08/23/202465 SENTENCING MEMORANDUM by USA as to Stephen Jay Thorn (Wheeler, Joseph) (Entered: 08/23/2024)
08/26/202466 SENTENCING MEMORANDUM by Stephen Jay Thorn (Attachments: # 1 Exhibit Character Letter, # 2 Exhibit McClain Eval, # 3 Exhibit Allocution Letter)(Mayberry, Jason) (Entered: 08/26/2024)
08/28/202467 Minute Entry for In Person proceedings held before Judge William F. Jung: SENTENCING held on 8/28/2024 for Stephen Jay Thorn (1), Count 1, Imprisonment: 60 Months; Supervised Release: 36 Months; Special Assessment: $100.00. Count 2, Dismissed. Court Reporter: Tracey Aurelio (JCG) (Entered: 08/28/2024)
08/28/202468 JUDGMENT as to Stephen Jay Thorn (1), Count 1, Imprisonment: 60 Months; Supervised Release: 36 Months; Special Assessment: $100.00; Count 2, Dismissed. Signed by Judge William F. Jung on 8/28/2024. (JCG) (Entered: 08/28/2024)
08/29/202470 NOTICE OF APPEAL by Stephen Jay Thorn re 68 Judgment. Filing fee not paid (Mayberry, Jason) (Entered: 08/29/2024)
08/29/202471 First MOTION to Withdraw as Attorney by Jason Mayberry. by Stephen Jay Thorn. (Mayberry, Jason) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 08/29/2024)
08/29/202472 TRANSMITTAL of initial appeal package as to Stephen Jay Thorn to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 70 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (ABM) (Entered: 08/29/2024)
08/30/202473 ENDORSED ORDER granting Attorney Jason Mayberry's 71 Motion to Withdraw for the reasons stated in Mr. Mayberry's motion. Accordingly, the Clerk of Court is directed to terminate Mr. Mayberry as counsel of record for Defendant Stephen Jay Thorn and to appoint appellate CJA counsel. Signed by Magistrate Judge Christopher P. Tuite on 8/30/2024. (AMS) (Entered: 08/30/2024)
08/30/202474 ENDORSED ORDER of Appointment of CJA Counsel as to Stephen Jay Thorn: Appointment of Attorney Thomas A. Burns for Stephen Jay Thorn. Signed by Magistrate Judge Christopher P. Tuite on 8/30/2024. (AMS) (Entered: 08/30/2024)