Originally Posted - August 23, 2006

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Mafia mob boss John Gotti was known as the Teflon Don.





Is George W. Greer of Florida's Sixth Judicial Circuit the Teflon judge?

He keeps evading and manipulating the law, nothing seems to stick to him, regardless of the evidence amassed.

This is the probate court judge who carries the distinction of being the first judge in the United States to order the judicial homicide of a disabled woman under highly questionable circumstances. He has escaped from accountability time and time again.

Greer failed to qualify for office, he provably violated election law in 1998 and again in 2004 concerning the filing of his oath and had no jurisdiction in the Schiavo case because legally he didn't hold judicial office.


Gov. Jeb Bush refused to perform his statutory and constitutional duty to remove Greer from the office and the Florida House has refused to take steps to impeach him.

Greer flagrantly defied Congressional subpoenas. He escaped federal contempt charges.

He openly and flagrantly violated guardianship laws. No sanctions.

He boldly engaged in the prohibited dual role of judge and guardian ad litem in the Schiavo case while at the same time denying the handicapped woman legal counsel.

His list of alleged judicial misconduct and alleged ethics violations is long and egregious and the Florida Judicial Qualifications Commission has refused to take action.

So far he's been protected and insulated.

Now the Florida Election Commission is attempting to isolate him and wrap him in a protective cocoon.

George Greer sought reelection in 2004 in a hotly contested race, challenged by attorney Jan Govan (left). The supposed non-partisan campaign was one of the most heavily financed judicial campaigns in the history of Florida with Greer hauling in over $162,000, primarily from attorneys, particularly attorneys who practice before him such as the Schiavo attorneys of George Felos, Hamden Baskin III and Deborah Bushnell. What was even more egregious is that Larry Crow (right), a state legislator representing Palm Harbor and one of the attorneys representing the Schindler family in their efforts to keep their daughter alive, including motions to remove Greer from the case, was soliciting contributions to finance Greer's campaign. Greer still refused to recuse himself.
http://election.dos.state.fl.us/campfin/cfindb.shtml

A good chunk of that money was spent on Greer's advertising campaign and in particular, political commercials aired in August, 2004, on television stations such as BayNews9 and the Fox-TV affiliate, WTVT of Tampa Bay, prior to the Aug. 31, 2004 primary.

The 30-second commercial showed Greer in judicial robes, in a courtroom, on the bench with his nameplate, leading the public to believe it was the Pinellas County Courthouse. Appearing in the ad with Greer were individuals that were presumably circuit court employees.
Judge George Greer's Television Ad (need Real Player to view)

Although The North Country Gazette submitted a public records request to the Florida Court system as well as to Chief Judge David Demers of the Sixth Judicial Circuit and asked for the names of the court officers appearing in the political commercial in the court room with Greer, to date there has been no response.

Also appearing in the commercial were James Hellickson, listed as an assistant prosecutor and Paula Shea, identified on the screen by name and by title of assistant public defender, both clearly lending the prestige of their positions and in an attempt to influence the judicial election of George Greer.

And then there was the uniformed officer of the Pinellas County Sheriff's Department, believed to be William Cunningham. Also appearing in the commercial, leading the public to believe that the Pinellas County Sheriff's Office, then headed by Greer's 20-year best friend Everett Rice, was also endorsing Greer for reelection.

The use of government property such as the county owned patrol car, a governmental building, the courthouse, and governmental employees using their positions to attempt to influence an election is prohibited, regardless of whether the political activity is done during working hours or not. By listing the names and titles of Hellickson and Shea and showing a uniformed officer, the political ad gave the appearance that the county sheriff, state attorney's office and public defender's office were all endorsing Greer.

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

However, the complainant in the matter traveled to Tallahassee and was present without an attorney. Reports indicated that an unidentified attorney represented Greer who was not present. The complainant was seated in the last row and was unable to adequately hear the proceedings which were not amplified by microphone. He was reportedly not allowed to speak during the hearing.

The FEC reportedly found that there was no probable cause that George Greer had violated the state's election and campaign finance laws because presumably the individuals in question had engaged in the political activity on their own time. In regard to the prohibited use of the courtroom for political activity, the excuse was that allegedly Chief Judge Demers had given his permission, authority which Demers presumably does not possess.

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

Based on information provided to The North Country Gazette by a reliable source who wishes to remain unnamed due to fear of retaliation, calls were made to the offices of state attorney Bernie McCabe and Everett Rice during the Greer campaign in 2004 and employees of those offices 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 in 2004 when a complaint was first lodged 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.

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 prosecution of those entrusted to enforce the state laws----the state attorney, the sheriff and the judge in addition to the state public defender.

The publisher of The North Country Gazette had filed a complaint with the FEC against Greer for the TV commercial in March but when no response was forthcoming from the FEC by August, an inquiry was made. FEC then claimed it had never received the complaint. When a copy was express mailed on Aug. 7, Barbara Linthieum, executive director, informed NCG by letter dated Aug. 15 that David Flagg, investigator supervisor, had determined that the complaint was legally insufficient because the two year statute of limitations had expired and that the copy did not contain an original signature.

A third complaint was then filed with the FEC by the NCG on Aug. 18. The NCG has waived the confidentiality provisions pursuant to law by filing a written waiver with FEC.

On Monday, Aug. 21, Flagg maintains that because Greer's commercial was presumably filmed on July 2 and 4, 2004, that the two year statute of limitations has expired. When asked to produce proof that the commercial was filmed on those dates, Flagg could not or refused to do so.

He also maintains that the county officers appearing in the commercial were doing so on their own time but when NCG pointed out that state law prohibits them from lending the influence of their title and position which was done by listing their name and title on the screen, Flagg had no response.

When NCG pointed out that the courtroom and patrol car could not be used in any circumstances for political activity, regardless or whether it was working hours or not, there was a pregnant pause with no response by Flagg. Flagg denied that Demers had allegedly granted permission for Greer to use the courtroom to film his commercial.

Flagg also had no response to the question posed by NCG that if the Pinellas County Sheriff's officer was presumably off duty why he was appearing in the commercial in uniform and why a patrol car appeared in the commercial.

NCG has taken issue with Flagg's determination that the statute of limitations has expired because the complaint was not filed within two years of July 4, 2004. It is the newspaper's position that until the filmed commercial is aired and the public becomes aware of it, there is no violation as there is no political activity. A member of the public couldn't file a complaint about the alleged July 4, 2004, filming until they learned about it. If one was to subscribe to Flagg's reasoning, a candidate could film a political commercial two years and a day prior to it airing and if a member of the public filed a complaint the same day it was first aired, the two year statute of limitations would have expired.

NCG's position is that the statute of limitations does not expire until two years after the date Greer's political commercial was aired for the last time which, according to the advertising agency placing the ads, was Aug. 30, 2004.

Ken Salazar, advertising sales traffic manager for Bright House Networks, told NCG that "Greer ran on our system from 8/9/04 until 8/30/04" which would seem to torpedo Flagg's determination.

Pursuant to a public records request, The North Country Gazette obtained invoices for George Greer's advertising campaign which clearly delineates the times, dates and places the political ads aired. It continues to be the position of NCG that the public would not have become aware of the alleged violations until the commercial first aired on Aug. 9, 2004 and the violation continued until last aired on Aug. 30, 2004, establishing the two year statute of limitations window which wouldn't expire until Aug. 30, 2006.
GREER INVOICE 1   GREER INVOICE 2

Pursuant to Florida Statutes, there are 14 days to challenge FEC's determination of legal insufficiency, a step that NCG has taken with a newly filed original complaint with delivery confirmation and a written statement from Bright House concerning Greer's ad run. The 72 pages of invoices showing ad placement and that the last date the ad appeared, Aug. 30, 2004, will also be submitted.

Section 104.31(1) of Florida Statutes addresses political activities of state, county and municipal officers and employees, such as Hellickson, Shea and Cunningham in addition to court employees, and says that they may not (a) use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person's vote or affecting the result thereof-----at any time.

While officers and employees are free to engage in political activity, they cannot use their positions to influence votes, whether they are on duty or off. Therefore, by appearing in uniform and/or listing their names and positions, Hellickson, Shea and Cunningham are clearly using their positions in an attempt to influence voters and make it appear that the state attorney, public defender and sheriff's office have endorsed Greer and are using their positions to solicit votes for Greer.

Whether or not they engaged in their actions while on duty is another issue and it appears in particular that may be applicable to Cunningham. A separate section of law, FS 104.31(2) addresses an employee of the state or any political subdivision participating in any political campaign for an election office while on duty.
2006 Forida Statutes, Title 9, Chapter 104, Section 31 (104.31)

Public employees are free to express his or her opinions on any candidate or issue during the employee's off-duty hours, so long as such activities are not in conflict with the provisions of 110.233 or subdivision 1 of FS 104.31, and it appears that Hellickson, Shea and Cunningham are in conflict and are allegedly in violation as well as Rice, state attorney Bernie McCabe and public defender Bob Dillinger for knowingly allowing the political activity of their employees in alleged violation of the law, particularly Rice for allowing the use of the patrol car.
2006 Forida Statutes, Title 10, Chapter 110, Section 233 (110.233)
8-23-06

© 2006 North Country Gazette