Saturday, December 14, 2019

State of Florida v. CHARLES HENRY HARDWICK V -- Probation, Nolo Contendere and Adjudication Withheld for Nephew of SABPD Chief and Sheriff's Candidate ROBERT HARDWICK



Dodgy St. Augustine area businessman  CHARLES HENRY HARDWICK V saw fraud charges against him nearly disappear December 5, 2019, as his public defender was allowed to enter a rare plea of nolo contendere (no contest), rather than a plea of guilty to grand theft charges of defrauding a construction company customer.

Judge Howard M. Maltz allowed State's Attorney RALPH JOSEPH LARIZZA's recommendation to allow the defendant HARDWICK:
  1. a rare nolo plea, with 
  2. adjudication withheld,
  3. subject to probation, with 
  4. no $1800 in probation fees over three years,
  5. no incarceration, 
  6. no community service, and   
  7. time payments for restitution to the victims of criminal fraud by HARDWICK and his D FENCE business, with some fraud victims believing they won't ever be paid back.
In his defense, Judge Howard M. Maltz is ordinarily noted for tough defenses, but relies on the State's Attorney in processing plea bargains.

Soft on white collar corporate crime and corruption, one of the linchpins of the Michelle O'Connell coverup, controversial Seventh Circuit State's Attorney RALPH JOSEPH LARIZZA:

  1. did not state on the record why a nolo plea was allowed and such a light sentence was proposed,
  2. did not recuse himself, even though his former Chief Investigator's nephew is a defendant, and that former Chief Investigator is running for Sheriff, funded in part by a contribution by JAMES PARKER, a/k/a "PORKER," his current criminal investigator (and former Deputy Police Chief in St. Augustine Beach under HARDWICK),
  3. does not distribute the National District Attorney's Association National Prosecution Standards,
  4. does not in practice adhere to NDAA National Prosecution Standards such as this one, at p. 69:                 5-1.4 Uniform Plea Opportunities. Similarly situated defendants should be afforded substantially equal plea agreement opportunities. In considering whether to offer a plea agreement to a defendant, the prosecutor should not take into account the defendant’s race, religion, sex, sexual orientation, national origin, or political association or belief, unless legally relevant to the criminal conduct charged.

CHARLES HENRY HARDWICK V once bragged about his uncle, St. Augustine Beach Police Chief ROBERT HARDWICK as he was being arrested, stating according to one DUI arrest report that he was a "bad-ass," and bragging about his being a blood relative of Chief ROBERT HARDWICK, a candidate for St. Johns County Sheriff, stating inter alia, "If you like my Uncle [Chief ROBERT HARDWICK], you'll like me, we're cut from the same loaf of bread. I'm bad-ass. I hate to sound conceited, but I am."

Under the rules of evidence, a plea of nolo contendere to criminal charges is inadmissible in a criminal case and does not invoke collateral estoppel.  Such pleas are mainly used to benefit those accused of white collar crimes, like antitrust violators, and corrupt former U.S. Vice President Spiro T. Agnew, who pled nolo to bribery charges October 10, 1973.  (Years later, I met Agnew's criminal defense lawyer, Judah Best, to whom I was introduced at an American Bar Association House of Delegates meeting party in 1989 in Honolulu by one of the delegates, my mentor, then Chief Administrative Law Judge Nahum Litt of the U.S. Department of Labor).

From St. Johns County Jail log:


Number of Inmate Records Returned: 10



Enlarge Photo
HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO05JBN000823MniNo:SJSO95MNI227656
Booking Date:02/12/2005 11:05 PMReleased:02/13/2005 11:59 AM
Age On Booking Date:18
Bond Amount:$0.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]562.111()POSSESSION OF ALCOHOLIC BEV./UNDER 21$200.00



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HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO05JBN002862MniNo:SJSO95MNI227656
Booking Date:06/02/2005 06:30 PMReleased:06/02/2005 11:59 AM
Age On Booking Date:33
Bond Amount:$0.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]562.111()FTA POSSESSION OF ALCOHOLIC BEV./UNDER 2$500.00



Enlarge Photo
HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO05JBN003905MniNo:SJSO95MNI227656
Booking Date:07/23/2005 07:11 PMReleased:07/24/2005 11:59 AM
Age On Booking Date:19
Bond Amount:$0.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]810.08()ARMED TRESPASSING$15000.00



Enlarge Photo
HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO05JBN004540MniNo:SJSO95MNI227656
Booking Date:08/04/2005 10:15 PMReleased:08/18/2005 04:35 PM
Age On Booking Date:19
Bond Amount:$0.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]562.111(SJSO)VOP POSSESSION OF ALCOHOLIC BEV./UNDER 2$15000.00
[+]812.014(SJSO)VOP PETIT THEFT$0.00



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HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO08JBNC00984MniNo:SJSO95MNI227656
Booking Date:02/21/2008 01:00 PMReleased:02/21/2008 08:04 PM
Age On Booking Date:21
Bond Amount:$0.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086

Enlarge Photo
HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO16JBN004599MniNo:SJSO95MNI227656
Booking Date:11/01/2016 12:25 PMReleased:11/01/2016 03:18 PM
Age On Booking Date:30
Bond Amount:$500.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]901.3116-1538CTMA (ST. JOHNS COUNTY SHERIFF'S OFFICE)FAILURE TO APPEARNN$500.00



Enlarge Photo
HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO16JBN005311MniNo:SJSO95MNI227656
Booking Date:12/14/2016 03:49 PMReleased:12/14/2016 05:14 PM
Age On Booking Date:30
Bond Amount:$1000.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]843.15.1b16-1535CTMA (ST. AUGUSTINE BEACH POLICE DEPARTMENT)FAILURE TO APPEARFM$1000.00



Enlarge Photo
HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO19JBN001529MniNo:SJSO95MNI227656
Booking Date:04/04/2019 04:33 PMReleased:04/04/2019 10:05 PM
Age On Booking Date:33
Bond Amount:$5000.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]812.014.2c119-504CF (ST. JOHNS COUNTY SHERIFF'S OFFICE)LARCTF$5000.00



Enlarge Photo
HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO19JBN002764MniNo:SJSO95MNI227656
Booking Date:06/14/2019 12:40 AMReleased:06/14/2019 03:49 PM
Age On Booking Date:33
Bond Amount:$500.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]322.34.2a000-0000 (ST. AUGUSTINE BEACH POLICE DEPARTMENT)MOVING TRAFFIC VIOLSM$500.00



Enlarge Photo
HARDWICK, CHARLES HENRY   (W/ MALE )
Status:Released
Booking No:SJSO19JBN003718MniNo:SJSO95MNI227656
Booking Date:08/10/2019 06:42 PMReleased:08/11/2019 02:04 AM
Age On Booking Date:33
Bond Amount:$2000.00
Address Given:1050 S WINTERHAWK DR Apt D SAINT AUGUSTINE, FL 32086
CHARGES
STATUTECOURT CASE NUMBERCHARGEDEGREELEVELBOND
[+]843.15.1b19-1186CTMA (ST. AUGUSTINE BEACH POLICE DEPARTMENT)FAILURE TO APPEARFM$2000.00



53 civil and criminal cases listed under CHARLES HENRY HARDWICK V on Clerk of Courts site:

SEARCH TYPE
Name
SEARCH
hardwick, charles
CASES FOUND
53
SEARCH TIME
0.046 seconds


H.J. Res. 755: Articles of Impeachment Against President DONALD JOHN TRUMP



Only 1458 words. Only two counts. Well written. Succinct. Compelling. Here's my December 8, 2019 St. Augustine Record column here. Every patriotic American needs to read the two Articles of Impeachment:


116th CONGRESS
1st Session
H. RES. 755

Impeaching Donald John Trump, President of the United States, for high
crimes and misdemeanors.


_______________________________________________________________________


IN THE HOUSE OF REPRESENTATIVES

December 10, 2019

Mr. Nadler submitted the following resolution; which was referred to
the Committee on the Judiciary

_______________________________________________________________________

RESOLUTION



Impeaching Donald John Trump, President of the United States, for high
crimes and misdemeanors.

Resolved, That Donald J. Trump, President of the United States, is
impeached for high crimes and misdemeanors and that the following
articles of impeachment be exhibited to the United States Senate:
Articles of impeachment exhibited by the House of Representatives
of the United States of America in the name of itself and of the people
of the United States of America, against Donald J. Trump, President of
the United States of America, in maintenance and support of its
impeachment against him for high crimes and misdemeanors.

article i: abuse of power

The Constitution provides that the House of Representatives ``shall
have the sole Power of Impeachment'' and that the President ``shall be
removed from Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors''. In his conduct of the
office of President of the United States--and in violation of his
constitutional oath faithfully to execute the office of President of
the United States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in violation of
his constitutional duty to take care that the laws be faithfully
executed--Donald J. Trump has abused the powers of the Presidency, in
that:
Using the powers of his high office, President Trump solicited the
interference of a foreign government, Ukraine, in the 2020 United
States Presidential election. He did so through a scheme or course of
conduct that included soliciting the Government of Ukraine to publicly
announce investigations that would benefit his reelection, harm the
election prospects of a political opponent, and influence the 2020
United States Presidential election to his advantage. President Trump
also sought to pressure the Government of Ukraine to take these steps
by conditioning official United States Government acts of significant
value to Ukraine on its public announcement of the investigations.
President Trump engaged in this scheme or course of conduct for corrupt
purposes in pursuit of personal political benefit. In so doing,
President Trump used the powers of the Presidency in a manner that
compromised the national security of the United States and undermined
the integrity of the United States democratic process. He thus ignored
and injured the interests of the Nation.
President Trump engaged in this scheme or course of conduct through
the following means:
(1) President Trump--acting both directly and through his
agents within and outside the United States Government--
corruptly solicited the Government of Ukraine to publicly
announce investigations into--
(A) a political opponent, former Vice President
Joseph R. Biden, Jr.; and
(B) a discredited theory promoted by Russia
alleging that Ukraine--rather than Russia--interfered
in the 2016 United States Presidential election.
(2) With the same corrupt motives, President Trump--acting
both directly and through his agents within and outside the
United States Government--conditioned two official acts on the
public announcements that he had requested--
(A) the release of $391 million of United States
taxpayer funds that Congress had appropriated on a
bipartisan basis for the purpose of providing vital
military and security assistance to Ukraine to oppose
Russian aggression and which President Trump had
ordered suspended; and
(B) a head of state meeting at the White House,
which the President of Ukraine sought to demonstrate
continued United States support for the Government of
Ukraine in the face of Russian aggression.
(3) Faced with the public revelation of his actions,
President Trump ultimately released the military and security
assistance to the Government of Ukraine, but has persisted in
openly and corruptly urging and soliciting Ukraine to undertake
investigations for his personal political benefit.
These actions were consistent with President Trump's previous
invitations of foreign interference in United States elections.
In all of this, President Trump abused the powers of the Presidency
by ignoring and injuring national security and other vital national
interests to obtain an improper personal political benefit. He has also
betrayed the Nation by abusing his high office to enlist a foreign
power in corrupting democratic elections.
Wherefore President Trump, by such conduct, has demonstrated that
he will remain a threat to national security and the Constitution if
allowed to remain in office, and has acted in a manner grossly
incompatible with self-governance and the rule of law. President Trump
thus warrants impeachment and trial, removal from office, and
disqualification to hold and enjoy any office of honor, trust, or
profit under the United States.

article ii: obstruction of congress

The Constitution provides that the House of Representatives ``shall
have the sole Power of Impeachment'' and that the President ``shall be
removed from Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors''. In his conduct of the
office of President of the United States--and in violation of his
constitutional oath faithfully to execute the office of President of
the United States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in violation of
his constitutional duty to take care that the laws be faithfully
executed--Donald J. Trump has directed the unprecedented, categorical,
and indiscriminate defiance of subpoenas issued by the House of
Representatives pursuant to its ``sole Power of Impeachment''.
President Trump has abused the powers of the Presidency in a manner
offensive to, and subversive of, the Constitution, in that:
The House of Representatives has engaged in an impeachment inquiry
focused on President Trump's corrupt solicitation of the Government of
Ukraine to interfere in the 2020 United States Presidential election.
As part of this impeachment inquiry, the Committees undertaking the
investigation served subpoenas seeking documents and testimony deemed
vital to the inquiry from various Executive Branch agencies and
offices, and current and former officials.
In response, without lawful cause or excuse, President Trump
directed Executive Branch agencies, offices, and officials not to
comply with those subpoenas. President Trump thus interposed the powers
of the Presidency against the lawful subpoenas of the House of
Representatives, and assumed to himself functions and judgments
necessary to the exercise of the ``sole Power of Impeachment'' vested
by the Constitution in the House of Representatives.
President Trump abused the powers of his high office through the
following means:
(1) Directing the White House to defy a lawful subpoena by
withholding the production of documents sought therein by the
Committees.
(2) Directing other Executive Branch agencies and offices
to defy lawful subpoenas and withhold the production of
documents and records from the Committees--in response to which
the Department of State, Office of Management and Budget,
Department of Energy, and Department of Defense refused to
produce a single document or record.
(3) Directing current and former Executive Branch officials
not to cooperate with the Committees--in response to which nine
Administration officials defied subpoenas for testimony, namely
John Michael ``Mick'' Mulvaney, Robert B. Blair, John A.
Eisenberg, Michael Ellis, Preston Wells Griffith, Russell T.
Vought, Michael Duffey, Brian McCormack, and T. Ulrich
Brechbuhl.
These actions were consistent with President Trump's previous
efforts to undermine United States Government investigations into
foreign interference in United States elections.
Through these actions, President Trump sought to arrogate to
himself the right to determine the propriety, scope, and nature of an
impeachment inquiry into his own conduct, as well as the unilateral
prerogative to deny any and all information to the House of
Representatives in the exercise of its ``sole Power of Impeachment''.
In the history of the Republic, no President has ever ordered the
complete defiance of an impeachment inquiry or sought to obstruct and
impede so comprehensively the ability of the House of Representatives
to investigate ``high Crimes and Misdemeanors''. This abuse of office
served to cover up the President's own repeated misconduct and to seize
and control the power of impeachment--and thus to nullify a vital
constitutional safeguard vested solely in the House of Representatives.
In all of this, President Trump has acted in a manner contrary to
his trust as President and subversive of constitutional government, to
the great prejudice of the cause of law and justice, and to the
manifest injury of the people of the United States.
Wherefore, President Trump, by such conduct, has demonstrated that
he will remain a threat to the Constitution if allowed to remain in
office, and has acted in a manner grossly incompatible with self-
governance and the rule of law. President Trump thus warrants
impeachment and trial, removal from office, and disqualification to
hold and enjoy any office of honor, trust, or profit under the United
States.