Originally Posted - August 14, 2006

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Bernie McCabe, state attorney for the Sixth Judicial Circuit of Pasco and Pinellas Counties in Florida.


Former Pinellas County Sheriff Everett Rice, currently representing District 54 in Florida's House of Representatives, now ex-Attorney General candidate, soon to vacate elected office.


Sixth Judicial Circuit Court Judge George W. Greer of Pinellas County.

Aside from them each being Republicans and each being involved in the case of Terri Schindler-Schiavo, Florida's most vulnerable adult and guinea pig for the euthanasia cult, what do these public officers have in common?

Each participated in Judge George Greer's 2004 supposed non-partisan campaign for reelection, one of the most heavily financed judicial campaigns in the history of Florida.

And according to television commercials which were paid for by Greer and aired during the summer of 2004, McCabe, Rice and Greer each allegedly violated Florida Statutes pertaining to prohibited political activity of public officers and campaign finance laws. As such, each one could be prosecuted under state law on misdemeanor charges punishable by up to a year in jail and/or $1,000 fine.

The North Country Gazette has learned that Greer will be the subject of a probable cause hearing to be conducted by the Florida Elections Commission on Thursday, Aug. 17 in Tallahassee. The hearing is closed to the public and according to FEC rules, the matter is deemed confidential until and unless a determination of probable cause is found that a violation has occurred.
http://www.northcountrygazette.org/articles/080206ProbableCause.html
http://www.northcountrygazette.org/articles/072306SchiavoReward.html

It also appears that Greer violated the Judicial Canons governing political activity for judicial office which provide that candidates for judicial office must refrain from inappropriate political activity.

Violations of state election and campaign laws would appear to constitute inappropriate political activity---especially for a judicial candidate.

But so far, Greer is been isolated and insulated from accountability at all levels.

"I approve this ad because we need to keep integrity in the courtroom", Greer booms at the end of commercial.

Not even Greer has the authority to allegedly violate state law and judicial canons. He says he follows the rule of law but yet his political ads show he flagrantly and very visibly violates campaign laws.

Integrity in the courtroom? You be the judge.

In a 30-second television spot first aired in mid-August, 2004, on the FoxTV affiliate serving Pinellas and Pasco Counties as well as BayNews9, Greer is shown in a courtroom setting in the Pinellas County Building with appearances by James Hellickson, assistant state attorney; and Paula Shea, assistant state public defender.

Also appearing in the political advertisement endorsing the reelection of Greer is a uniformed officer of the Pinellas County Sheriff's Department, a sheriff's patrol car and several attorneys.

State law prohibits the use of governmental buildings for political purposes nor can any candidate use the service of any state officer or employee during working hours. Both Hellickson and Shea are state employees. Filming a TV commercial for political purposes inside the Pinellas County building is prohibited, especially the use of the courtroom, according to law and judicial ethics opinions issued by the Florida Supreme Court.

Additionally, state law prohibits the political activity of state, county and municipal officers and employees for the purpose of influencing an election. It would appear that by appearing in the TV spot advocating Greer's reelection, both Hellickson and Shea are lending the influence of their state positions for political purposes during working hours and in a governmental building.

Based on information provided to The North Country Gazette by a reliable source who wishes to remain unnamed due to fear of retaliation, calls to the offices of state attorney Bernie McCabe and Everett Rice during the Greer campaign indicated that both Rice and McCabe allowed the political activity of their employees---prohibited under the law----and prosecutable.

According to the informant, a Pinellas Sheriff's employee who identified herself as "Linda" said that Sheriff Rice had authorized the use of the county-owned sheriff's car and the appearance of the uniformed deputy in Greer's TV commercial. An employee at McCabe's state attorney's office said that the appearance of Hellickson, assistant state attorney, was not "against campaign laws.

But it is according to state statutes, the same state laws that both McCabe and Rice presumably took an oath to uphold.

It is unknown if McCabe and Rice made the appearance of their employees a condition of their employment or in other words, ordered them to appear in support of Greer.

Rice is a long time friend of Greer's and in 2003, became the center of controversy in the Terri Schiavo case when Patricia Anderson, attorney for the Schindlers, filed a motion asking Greer to recuse himself for alleged violations of judicial canons and bias. Greer controlled the Schiavo case from 1998 until even after her judicial homicide, quickly naming Michael Schiavo as the executor of the estate although in his first order, he declared that Michael Schiavo had become deceased on March 30, 2005, the day before Terri died of marked dehydration, 13 days after her feeding tube had been withdrawn by order of Greer, who also decreed that she be given no food or water orally, a violation of Florida Statutes which makes it illegal to withhold food and water from anyone.

In her affidavit, Anderson said that Rice had told her that he and Greer had discussed the Schiavo case at a ball game the night previous without other parties to the matter being present. Greer refused to recuse himself and Rice denied that he had made the comments to Anderson.

Rice, as well as McCabe, has been directly involved in the Schiavo case, steadfastly denying requests to conduct alleged criminal investigations of criminal wrongdoing in the matter by Michael Schiavo.

Terri Schindler-Schiavo was at the center of a life and death tug of war between her parents, Mary and Robert Schindler Sr., and her estranged husband and guardian, Michael Schiavo. While her husband sought permission in the Probate Court of Greer to end the life of his wife by the removal of her assisted feeding, her parents fought to keep her alive for over seven years, saying that she could be rehabilitated with therapy and proper treatment which her husband denied his wife.

Assisted suicide and euthanasia are illegal in Florida as is murder.

Terri, who died at age 41, was severely disabled by a brain injury incurred under suspicious circumstances in her home nearly in 1990. She had been a resident at the Woodside Hospice prior to her death although she was not terminal and in fact, following an autopsy, Pinellas County medical examiner proclaimed that she could have lived at least another 10 years.

Political candidates are prohibited by Florida Statute 106.15 from using the service of any officer or employee of the state during working hours in the furtherance of his or her candidacy for nomination or election to public officer in any election yet Greer clearly did so as evidenced by the appearance of both Shea and Hellickson in his commercials, both specifically identified by their state positions.

The law further provides that no person, and that would include McCabe, Rice and Bob Dillinger, the state public defender, shall make and no person, including Greer, shall solicit or knowingly accept any campaign contribution in a building owned by a governmental entity. By accepting the "in-kind" services of state employees funded by tax dollars during working hours in a governmental building, it would appear McCabe, Rice, Dillinger and Greer have allegedly violated Florida's campaign finance laws.

Even more importantly, with the involvement of state and county officers involving in allegedly illegally using their positions to influence a judicial campaign and perhaps control the outcome of the Schiavo case, it has long been incumbent upon Gov. Jeb Bush to initiate a state investigation into the matter and perhaps even request a federal investigation in that federal laws of conspiracy and obstruction of justice may be involved. So far, Bush has failed to perform the duties of his office in regard to appointing a special prosecutor to conduct an investigation into the Schiavo case as McCabe is obviously conflicted. Bush is statutorily empowered to appoint a special prosecutor or could empanel a grand jury to investigate the actions of McCabe, Rice and Greer in the Schiavo case.

A violation of the campaign finance law is a first degree misdemeanor, punishable by a definite term of imprisonment not exceeding one year and a fine may be additionally imposed.

The prohibited political activity of state, county and municipal officers and employees is addressed in Section 104.31 of Florida Statutes, giving cause for the arrest of those entrusted to enforce the state laws----the state attorney, the sheriff and the judge in addition to the state public defender.

Then there's the matter of Greer's campaign mailer.

Did the former Chief Justice of the Florida Supreme Court endorse the judge in the Terri Schiavo case for reelection at the same time the Schiavo case was before the Supreme Court?

Greer wanted voters to think so.

While former Florida Supreme Court Chief Justice Harry Lee Anstead and other members of the Supreme Court were deliberating the constitutionality of Terri's Law in the Terri Schiavo case, Greer was campaigning to retain judicial office.

Greer opponents were outraged prior to the Aug. 31, 2004, primary between Greer and his challenger, attorney Jan Govan, when Greer mailed thousands of absentee ballot mailers boldly branishing a quote attributed to Judge Anstead making it appear that Anstead was endorsing Greer.

However, according to judicial canons and campaign law, such an endorsement is strictly prohibited as a judge cannot publicly endorse or publicly oppose another candidate for public office or give the appearance of or misrepresent such an endorsement.

This matter does not appear to be part of the probable cause hearing Greer faces this week before the FEC.

And what is even more disturbing is that apparently Greer utilized Anstead's name without the chief justice's knowledge or consent.

An undated quote attributed to Judge Anstead appeared on one side of the mailer stating that "only those judges who have demonstrated the highest judicial competence and personal character can receive this award and you have distinguished yourself among the judiciary by having been selected twice to receive this honor…..you are truly a credit to the judicial branch".

The quote did not address Greer by name nor did it identify the alleged award.

It gave the appearance that Anstead had endorsed Greer for reelection---at the same time that Anstead and the Supreme Court had the case of Schiavo v. Bush before it, an appeal by Gov. Jeb Bush of the Sixth Circuit Court's ruling that his order to reinsert Terri's feeding tube was a violation of the separation of powers doctrine.
http://caselaw.lp.findlaw.com/data2/floridastatecases/9_2004/sc04-925.pdf

According to judicial canons, even if such an endorsement were legal, which it is not, there would exist an overwhelming prohibited appearance of impropriety and unethical actions by both Anstead and Greer.

However, it appears that Anstead did not know that he was allegedly being exploited by Greer and did not knowingly lend his name to Greer's campaign literature.

Section 106.143(3)(b)(3) of Florida statutes governing political advertising and campaign literature says it is unlawful for any candidate or person on behalf of a candidate to request that any person or organization supports a candidate unless the person or organization so represented has given specific approval in writing to the candidate to make such representation.

It doesn't appear that Judge Anstead placed his approval in writing as required----and if he did-----he too would be in violation of the law.

Judicial ethics opinions clearly state that a judge may not publicly participate in the campaigns of other political candidates, partisan or non-partisan. In re Glickstein, a 1993 court case, it was held that a judge should be publicly reprimanded for writing a letter on office stationery endorsing the retention of another judge in which he identifies himself as a member of the judiciary and the letter was published in a newspaper.

In this instance, the alleged endorsement was clearly attributed to a member of the judiciary and was widely circulated by mail.

Another court ruling from 1997, In re Alley, held it was improper for a judge to send campaign mailers that improperly included a portion of a newspaper editorial which falsely implied that the judge, not her opponent, had been endorsed by the newspaper.

Under Canon 2, a judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities.

Judicial ethics opinion 00-27, based on Canon 7A dealing with prohibited campaign activity ruled that candidates must not knowingly misrepresent the identify, qualifications, present position or other fact concerning the candidate.

Informed sources told The North Country Gazette that several individuals had filed a complaint against Greer with the Florida Judicial Qualifications Commission. The JQC reportedly told the complainants that it "wasn't a real endorsement", apparently refusing to undertake any investigation of Greer or his other alleged campaign violations.

They didn't address the issue of the appearance of impropriety or other potential violations.

It doesn't appear as though anyone filed a complaint about the mailer with the FEC. 8-14-06

© 2006 North Country Gazette