|
CLEARWATER, FL---Tampa attorney Mark A. Adams finally won a round in Pinellas County where he's been battling the politically-entrenched law firm of Battaglia, Ross, Dicus and Wein of St. Peterburg and their claims that they can influence members of the Sixth Circuit Court's judiciary.
The Battaglia firm has joined with Sixth Judicial Circuit Court Judge Crockett Farnell to bring contempt charges against Adams and to file complaints against him with the Florida Bar which could result in Adams' disbarment.
Adams openly admits that he has filed complaints with the Florida's Department of Law Enforcement and federal law enforcement agencies against the Battaglia firm and several judges including Farnell regarding improper influence and alleged judicial corruption in the Tampa Bay area, supported by documentary evidence.
Adams has also asked Chief Justice Barbara Pariente of the Florida Supreme Court to open an investigation into alleged judicial corruption in the court system.
The Tampa attorney says that based on a videotaped deposition of Farnell given under oath, that he will ask that the Pinellas County state attorney's office of Bernie McCabe criminally charge Farnell with perjury.
Arrested in early 2004 on an order signed by Farnell which had been prepared for his signature by Timothy Weber of the Battaglia firm, Adam's former opposing counsel in civil litigation, Adams had been jailed for about 12 hours until he could post the $25,000 bail bond ordered by Farnell.
Retired Sixth Circuit Court judge Robert Beach has now ordered that the bail order be vacated and Adams is now free on his recognizance awaiting trial in December on the charges before Judge Gregory Holder. More importantly, Adams is now free to leave the state and can visit his ill mother. The bail order had prohibited him from doing so.
If Adams contests the charges by taking the matter to jury trial and is convicted, he'll face up to a year in jail. If he elects to be tried in a bench trial and is found guilty, he could face up to six months in jail.
Adams appeared before Beach on Oct. 19 after filing motions for bail modification and reconsideration of the arrest order.
Farnell had finally recused himself from the case last December.
Adams says that Farnell's arrest order was issued in violation of a stay order in the case issued by the 2nd District Court of Appeals.
No representative from the state attorney's office of Bernie McCabe initially appeared at the hearing. Judge Beach questioned whether the state attorney's office had received notice of the hearing, and Adams provided proof of service.
Judge Beach then directed the bailiff to call the assistant state attorney, Rene Marie Bauer, and tell her to respond to the courtroom for the hearing. Judge Beach then took copies of Adams' motions into chambers to review.
Several minutes later, just before the state attorney appeared, courtroom spectators heard Beach exclaim loudly from behind closed doors, "This is bad!"
After state attorney Kendall Davidson appeared, Beach reentered the courtroom. Davidson objected to proceeding claiming that the prosecutor's office had not received notice of the hearing and that Rene Marie Bauer, the lead assistant assigned to the case, could not be present. Beach ruled that the state had received sufficient notice and that the hearing would proceed.
The prosecutor argued that there was no stay by the DCA in effect. Judge Beach asked whether the stay was still in effect since the 2nd DCA had not issued a mandate. However, he refused to vacate the order for Adams' arrest.
Adams says that was because to do so would have made Judge Farnell, recently promoted to administrative judge for the Criminal Division of Pinellas County's Courts, look bad.
Adams says that even though Beach did not specifically vacate the order for his arrest, by vacating the bail order in essence it was the same as vacating the arrest order because the bail requirement was the only portion of the order for his arrest which still had any effect.
Although Farnell tried to dodge being deposed by Adams in regard to the contempt case, claiming judicial privilege, he was ordered by Holder to submit to deposition. Adams says that on Oct. 4, Farnell answered several questions but allegedly lied under oath. Adams says that he can provide documents which will show that Farnell's responses are false and that he will be presenting the issues before Judge Holder and asking for a referral to the state attorney's office to prosecute Farnell for perjury as well as an order requiring him to answer the questions that he refused to answer at deposition. Adams says that the will also ask Judge Holder to allow the release to the public of the videotape made of Farnell's deposition.
Adams says that Farnell has hired the Tampa law firm of Hill, Ward and Henderson.
Further information regarding the Adams case may be found at these links:
Fintan Dunne's interview with Mark Adams on BreakforNews.com
Justice For All Or Justice For Sale
Pinellas Judge Crockett Farnell No Stranger to Recusal Motions
Contempt Hearing Set In Florida Attorney’s Case
Tampa Attorney Asks Supreme Court For Probe Of Judiciary
http://www.rule-of-law.info/adams-smith.htm
10-25-05
© 2005 North
Country Gazette
|
