I have discovered a systematic conspiracy in the 6th Judicial Circuit to deny constitutional rights to the public in the matter of obtaining audio recordings of court proceedings. The laws of the state command the courts to provide audio records to public who request them. I requested them of Public Information Officer Ron Stuart who denied them, then I requested again, and Judge Demers denied them. Both cited an administrative order that Demers wrote a couple of years ago that neither denies nor allows the audio recordings. In so doing, both support one another in violating the law. That justifies my allegation of conspiracy.
I know what you’re thinking. “Come on, say something that moves me. Tell me about a judge who watches porn at work and sends salacious emails to attorneys, or spends half his time fishing when he should be working, or pulls drunken panty-raids on business junkets. Who cares about audio recordings? You can order a transcript. Isn’t that good enough? “
You’re missing a crucial point if you think that.
The public can determine and prove what really happened in the court room only with a reliable audio and video recording of the proceedings. The state legislature thought it so important that they used the constitution and statutes to command court officials to make court room records available in whatever form the public wants them, and to do so with a spirit of facilitation.
Written transcripts cause lots of injustice because they so often inaccurately reflect the truth. Sometimes they don’t reveal many minutes of important comments. Judges can tell the reporter to lose a couple of pages, and if the reporter does, no one will know. In fact, judges and prosecutors can and do pull all kinds of shenanigans in the courtrooms, and in the end they always stomp on defendants’ or the public’s rights. A tamper-proof audio / video recording provides the only means of verifying that the transcript accurately reflects the spoken words.
And it does even more than that. It reveals tone and timbre of voice, emotion, tension, drama, body language, placement of people and exhibits, and things that happen which one can only see or hear and which one cannot obtain from a written transcript.
Judges don’t like anyone invading their domains or snooping on them, and they seem to hate the presence of recording devices in the peanut gallery. They routinely deny the public’s right under rules of judicial administration to bring and use audio and video in the courtroom. For example, I sat in Judge David Seth Walker’s court on 29 March 2006 and watched him deny a member of the press the use of any electronic recording devices.
Why do they do this? Just to be high-handed? I don’t think so, but it wouldn’t surprise me. I believe they do it because they want to hide the truth from the public, and they want to control what goes into the record so nobody can get evidence to submit against them in a complaint to the Judicial Qualifications Commission.
Fortunately, all Florida State Courts use an audio and video recording and compression system called CourtSmart that saves the recordings onto a hard drive and makes the recordings available via the court’s computer network to interested parties in the courthouse, but not to the general public. It is reasonably tamper-proof – a person would have to be a computer programmer to alter the recordings in any undetectable way.
Unfortunately, it has two glaring deficiencies:
The court reporter can turn the recorder off and forget to switch it back on. Judges occasionally ask them to do this so they can go off record for sidebar discussions.
A court reporter can omit areas of commentary when transcribing from the recording to the typewritten copy. Just because the reporter “certifies” it does not mean it will necessarily be accurate, particularly if the reporter knows the judge will not let anybody listen to the recording subsequently.
Bottom line, Chief Judge Demers now engages in clearly illegal behavior by denying public access to the audio recording. He has done it for years, and he will keep on doing it for years unless there is a public outcry against his egregious violation of our right to obtain copies of audio recordings. Or, unless he is hauled before the Judicial Qualifications Commission.
This is a serious charge of a serious injustice. By violating the constitution, Chief Judge Devers also violates his oath of office, and in that respect engages in rebellion against the government, and deprives himself of jurisdiction.
Right now, I am waiting for Judge Demers to tell me he will relent and order the clerk to hand over the audio recordings I have requested. I have asked him to change his administrative orders so as to require the clerk to provide copies of audio recordings when the public requests them. I believe he will continue to obfuscate.
I also have requested and now wait for him to produce his oath of office and his surety bond. Without them he is an imposter lacking judicial authority. That might explain why he works to defeat the very constitutions he allegedly swore to support, protect, and defend.
US Constitution, Article VI, Clauses 2 and 3
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Florida Constitution, Article II, Section 5(b)
Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter. So help me God.", and thereafter shall devote personal attention to the duties of the office, and continue in office until a successor qualifies.
My issue with Judge Demers forms just the tiny tip of an enormous iceberg of systematic and unlawful denial of access to public records, in particular the audio and video recordings, and unlawful denial of public’s right to make its own electronic recordings of court proceedings. God only knows what other systematic flouting of the law a diligent investigator will turn up. I see myself as indeed fortunate that I have not had to appear before a judge in the 6th Judicial District, for I know that my rights would be stomped mercilessly into the dust at the very time I most desperately need a righteous judge to uphold them.
In view of the rising swell of public outrage over the public servants’ high-handed deprivation of and disregard for citizens’ rights, I consider this issue much more important than judges flirting with attorneys. I’m guessing you do too. I ask that you investigate and write a series of articles exposing this systematic corruption in the 6th Judicial Circuit. I shall help you in any way I can. If you’re not the right writer for this, please pass it to the right one.
I have attached the correspondence between me, Ron Stuart, and David Demers for your reference. I believe Jose Cardenas is writing about the case of Jesse Toca (see attached article on Travesty of Justice). Although I discovered the records violations while researching violations of Toca’s rights, the records issue seems of greater importance than Toca’s case because it affects every defendant who appears in the circuit’s courts. Thus, the separate matters deserve separate treatment in the news.
Sincerely,
*************************
Bob Hurt
*************************
May 1, 2006
Ron Stuart, Public Information Officer, Circuit Court of Florida 6th Judicial Circuit
14250 49th Street North, Clearwater, FL 33762
727-453-7176 (Phone), 727-453-7166 (Fax), rstuart@jud6.org (E-mail)
Re: Audio record of courtroom proceedings, Case #CTC97-32728-MMANO, State of Florida versus Jesse Toca.
Dear Ron Stuart:
I have recently become interested in the proceedings of the above case, and I wish to obtain the audio recordings made of the courtroom activities for the below dates, in accordance with my rights under the laws of the State of Florida.
If this request does not sufficiently comply with the law and I must fill out any specific forms or follow any other procedures, please let me know what law applies, and tell me what I must do to obtain the recordings.
I want the audio recordings in order to corroborate written transcripts, and to understand the emotion and various other elements of the proceedings that transcripts do not reveal.
I want the recordings for these dates:
Day-Month-Year-Title-Name of Judge
9-March-2005-Judge-Donald Horrox
14-April-2005-Judge-Donald Horrox
30-June-2005-Sr. Judge-Gerard O’Brien Jr.
16-August-2005-Judge-Bradford Smith
9-November-2005-Sr. Judge-David Seth Walker
22-November-2005-Sr. Judge-David Seth Walker
9-January-2006-Sr. Judge-David Seth Walker
28-March-2006-Judge-Crockett Farnell
29-March-2006-Sr. Judge-David Seth Walker
Please provide me with the full names and contact information of any and all State Attorney, Assistant State Attorney, Judge or other person who orders you not to provide these recordings to me, or who obfuscates or encumbers the process in any way other than by requiring me to follow procedures according to law and pay any cost of duplicating the records. I shall consider any such effort as an attempt to violate my rights, and I shall proceed through proper channels to ensure my rights are protected and the law is enforced.
Sincerely, Bob Hurt
******************************
Administrative Office of the Courts
The Sixth Judicial Circuit of Florida
14250 49th Street North, Suite 2000
Clearwater, Florida 33762
(727) 453-7176
Suncorn: 8-525-7176
Fax: (727) 453-7166
Gay Lynne Inskeep
Trial Courts Administrator
Public Information Office
April 3, 2006
BOB HURT
Re: Request by e-mail for audio record of courtroom proceedings
Dear Mr. Hurt,
I am responding to your e-mail correspondence requesting" Audio recordings of courtroom proceedings, Case #CTC97-32728-MMANO, State of Florida versus Jesse Toca."
The release of official records of court proceedings is governed by The Sixth Judicial Circuit's Administrative Order 2004-18.That administrative order does not authorize the release of electronic recordings. If you would like to review that administrative order, here is an Internet link:
http://www.jud6.org/LegalPractice/AOSAndRules/aos/aos2004/2004-018.htm
The official record of any court proceeding "is a transcript produced by the Administrative Office of the Courts or other qualified independent contractors obtained by the AOC." We will be happy to produce a transcript of the proceeding at the normal rate charged for such transcriptions. A form for ordering a transcript can be accessed at this Internet link:
http://www.jud6.org/courtreporterreg/transcriptform.html
Sincerely,
Ron Stuart
Public Information Officer
******************************
My Response to Ron Stuart via rstuart@jud6.org on 5 April 2006
Thanks, Ron.
I can tell from your reaction to me and the issue at hand that you are really fed up with the case. You didn’t need to threaten to have the bailiff throw me out of your office because I merely wanted to get some answers from you to my questions. I still insist that I be allowed access to those audio recordings, and I think you are holding them back in violation of my right of access.
Your behavior did not please me, even though I can understand your being infected by the attitudes of prosecutors and judges over the past 8+ years of litigation of Jesse’s case.
Here’s my problem. I personally know of cases wherein the judge told the reporter to omit information from the official record, and knowing the history of Crockett Farnell’s attitude and behavior toward Jesse, such monkeying with the official record would not surprise me. Only the audio record, much more difficult than a reporter’s record to doctor up in reaction to a whispered aside from the judge, can by comparison with the official reporter’s record show the truth, in the event of any doubt. And since this issue concerns the integrity and honesty of the judges and prosecutors themselves, no judge should prevent the public from having access to the audio recordings.
Naturally, I don’t want to embroil someone innocent like you in a dispute over access to public records, but when the state attorneys and judges make themselves unavailable for direct questioning, you are the next most likely person for me to talk to. That’s why I appreciate direct and informative answers, not a summary brush-off, from a public servant like you.
I’ll continue my efforts to get the audio recordings. I see them as crucial in verifying the accuracy of the court reporter’s record. I believe denying access to such public records as the audio recordings of court proceedings oversteps judicial authority and violates constitutional rights of the public to know what goes on in courtrooms.
This is particularly true in a case like Jesse Toca’s. Jesse knows the law and argues his position much better than do typical defendants. For that reason, the criminal case against him seems to go on forever. Why? Because the legal system, as implemented in Judicial District 6, tends to resemble a kangaroo court system, and so many egregious violations of defendants’ rights occur that a savvy defendant is bound to make the prosecutor and court look ridiculous.
Maybe you think this is none of your business. I think it is the business of everyone who works in your building. Everybody, without exception. It is also the business of the Florida Attorney General, Governor, and Supreme Court.
I want you to know that you have no obligation to obey orders from your seniors that violate the law or overstep legal authority for the convenience of judges. I intend to hold people in your building personally accountable for any such violations I detect, regardless of who commits them.
Thank you for spending the few minutes you did with me today. I know you’re busy, and I appreciate your graciousness, to the extent you were able to express it.
Bob Hurt
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CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT, STATE OF FLORIDA
DAVID A. DEMERS, CHIEF JUDGE
J DENNIS BRIGGS JUDICIAL ASSISTANT
545 - FIRST AVENUE NORTH, ROOM 400
ST. PETERSBURG, FLORIDA 33701
(727) 582-7882
April 11, 2006
Mr. Bob Hurt
Re: Request by e-mail for audio record of courtroom proceedings
Dear Mr. Hurt:
I have received your April 1, 2006 and April 5, 2006 e-mails to Ron Stuart, the public information officer for the Sixth Judicial Circuit. In those e-mails you request digital recordings of various court proceedings in the case of State of Florida v. Jesse Toca.
The production of the records you have requested is governed by Rule of Judicial Administration 2.051. That rule provides:
The custodian shall be solely responsible for providing access to records of the custodian's entity. The custodian shall determine whether the requested record is subject to this rule and, if so, whether the record or portions of the record are exempt from disclosure. The custodian shall determine the form in which the record is provided.
I have determined that as a general rule, the form in which the record of court proceedings will be provided is an official transcript. In his April 3 correspondence to you, Mr. Stuart correctly pointed out that release of official records of court proceedings is governed by Administrative Order 2004-18. That administrative order outlines procedures for requesting official written transcripts, the form in which records of court proceedings are generally provided.
For most proceedings – including the ones you have requested – any citizen could have attended the hearings. And any citizen can secure all of or any part of the proceedings in the form or a written transcript, upon proper designation to the court reporter and financial arrangements being made for payment of the transcripts.
I have on occasion authorized the release of the electronic record when specific circumstances have justified deviating from the general rule that only the transcript will be released. I do not find any basis in your correspondence that would justify release of the electronic record.
Your correspondence contains provocative statements concerning judges, prosecutors and other officials of the Sixth Judicial Circuit. When a matter before the court is decided in a way that is unfavorable to a party in that proceeding, it does not indicate "egregious violations" of anyone's rights. Lawyers and judges are sworn to uphold the law, and their commitment to this principle is evident each day. If a party does not agree with the ruling of a trial court, that party may appeal that ruling to an appellate court.
Administrative Order 2004-18 provides: "the official record of the proceeding is a transcript produced by the Administrative Office of the Courts (AOC) or other qualified independent contractors obtained by the AOC." The written transcripts for the proceedings you requested will be made available to you upon proper designation to the court reporter and financial arrangements being made with the court reporting office.
(signed) Chief Judge David A. Demers
*****************************************
April 13, 2006
Ron Stuart, Public Information Officer, rstuart@jud6.org (E-mail)
David Demers, Chief Judge, courts@jud6.org, ddemers@jud6.org (E-mail)
State of Florida 6th Judicial Circuit Court
14250 49th Street North
Clearwater, FL 33762
727-453-7176 (Phone)
727-453-7166 (Fax)
Re: Third request for audio record of courtroom proceedings, Case #CTC97-32728-MMANO, State of Florida versus Jesse Toca.
Dear Ron and David:
On 1 April 2006 by e-mail and hand delivery I from Ron the audio recordings for the below proceedings of the subject case, and I now reiterate that request.
Day-Month-Year-Title-Name of Judge
9-March-2005-Judge-Donald Horrox
14-April-2005-Judge-Donald Horrox
30-June-2005-Sr. Judge-Gerard O’Brien Jr.
16-August-2005-Judge-Bradford Smith
9-November-2005-Sr. Judge-David Seth Walker
22-November-2005-Sr. Judge-David Seth Walker
9-January-2006-Sr. Judge-David Seth Walker
28-March-2006-Judge-Crockett Farnell
29-March-2006-Sr. Judge-David Seth Walker
I told Ron:
“…provide me with the full names and contact information of any and all State Attorney, Assistant State Attorney, Judge or other person who orders you not to provide these recordings to me, or who obfuscates or encumbers the process in any way other than by requiring me to follow procedures according to law and pay any cost of duplicating the records. I shall consider any such effort as an attempt to violate my rights, and I shall proceed through proper channels to ensure my rights are protected and the law is enforced.”
On 5 April 2006 I received Ron’s response by mail and hand delivery. The letter denied my request, saying:
“The release of official records of court proceedings is governed by The Sixth Judicial Circuit's Administrative Order 2004-18. That administrative order does not authorize the release of electronic recordings. If you would like to review that administrative order, here is an Internet link:
http://www.jud6.org/LegalPractice/AOSAndRules/aos/aos2004/2004-018.htm”
I immediately emailed a protest and second demand to Ron, explaining that the above AO in question does not prohibit him from providing the audio recording, and that state law entitles me to it. He did not respond to me.
On 15 April 2006 I received David’s response by mail. The letter denied my request, saying:
“I have on occasion authorized the release of the electronic record when specific circumstances have justified deviating from the general rule that only the transcript will be released. I do not find any basis in your correspondence that would justify release of the electronic record.”
David also saw fit to scold me for making provocative statements about “sworn” officers of the court. I had claimed that I knew of past instances wherein a judge told a reporter to remove some text from the record, and an audio recording is necessary to validate the written transcript. David said:
“When a matter before the court is decided in a way that is unfavorable to a party in that proceeding, it does not indicate "egregious violations" of anyone's rights. Lawyers and judges are sworn to uphold the law, and their commitment to this principle is evident each day.”
It so happens that I, not you, David Demer, was in the court room on 29 March 2006. I watched and heard the prosecutor push the judge vigorously to deny Jesse Toca’s rights, demanding that the judge “take control of his courtroom.” I watched and heard the judge deny the public its right electronically to record the proceedings, and deny Jesse Toca’s right to assistance of counsel, an inviolable right guaranteed by the 6th amendment to the Constitution of the United States. So, I’m not a party to the proceedings, but I witnessed that with my own eyes and ears, and so did upwards of two dozen other witnesses.
As to whether other sworn officers of the court might be corrupt, Jesse Toca told me that in 1997 when attending a Bar association convention, Judge Crockett Farnell approached him and told him if he ever saw Jesse in his or his wife’s courtroom, “I’ll bury you.” And as it so happens, on 28 March 2006, Farnell denied any opportunity for Jesse to subpoena or call witnesses in his defense, or even to mount a defense.
In fact, for 10 years, next month, the court and its sworn officers seem to have conspired to deprive Jesse Toca of his rights.
- To begin with ASA Mogliare got the judge to order Jesse to answer questions about himself under the protection of immunity from prosecution, then Mogliare used the information he received to build a case against Jesse, thereby violating the whole principle of immunity, in flagrant violation of his rights against self-incrimination under the 5th amendment of the US Constitution.
- And the lengths to which the prosecution has gone in dragging out the case for nearly 10 years clearly shows a violation of Jesse’s 6th amendment right to a speedy trial and to have compulsory process for witnesses in his favor.
- In fact, the most recent two proceedings were all about denying Jesse’s constitutional right to call witnesses. The prosecution worked prodigiously to get the judge to quash Jesse’s subpoenas for witnesses that would prove his public defenders were either incompetent or in collusion with the prosecutor (yes, collusion – the most recent P.D. actually gave Jesse’s confidential information to Migliore). Farnell immediately granted the motion to quash, and the next day the prosecutor badgered both the judge and Jesse so horrendously, and they argued so extensively over the judge’s denial of Jesse’s motion to continue till he could get a competent public defender, that the court never ruled on the next motion to quash. Basically, they beat Jesse down and virtually forced him to plead guilty to probation violations.
- And let’s not forget that the prosecutor wanted to throw Jesse in jail for 4 years for 4 counts of violating probation. How did Jesse violate probation? The court tried to force Jesse to violate his 5th amendment rights again by ordering him to turn over private financial records and other data to the prosecutor. Knowing their history, Jesse refused on 4 occasions, so Migliore charged him with violating probation. Like I said – Kangaroo Court.
- Let’s also not forget that Jesse’s first attorney, a “sworn officer of the court,” failed to defend him properly and, after trying to extort Jesse’s mother into giving him Jesse’s car while Jesse was in jail, and abandoning Jesse during preparation for his appeal, was found to be a hard-core abuser and user of cocaine, as was his live-in girlfriend. So much for the integrity of “sworn officers of the court.”
In other words, David, the 6th Judicial Circuit seems to be running a systematic, apparently well-orchestrated array of highly prejudiced and corrupt Kangaroo Courts. Thanks only to Jesse’s ability to think on his feet and use the law in his favor (lauded by Judge Walker), Jesse is not rotting in jail like so many less-skilled victims of prosecutorial and judicial abuse have over the years. I do not say all officers of the court are corrupt, but I believe in my heart, and my eyes and ears testify to the reality, that some certainly are.
Now, on top of that, you chime in by asserting I don’t have any entitlement to the audio recordings so as to determine whether the corruption runs all the way into the written transcripts. Apparently you are not so familiar with the state law you are supposed to uphold in your circuit.
From Florida Statute Chapter 119 :
(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0119/ch0119.htm)
(1) It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.
(2)(a) Automation of public records must not erode the right of access to those records….
(2)(f) Each agency that maintains a public record in an electronic recordkeeping system shall provide to any person, pursuant to this chapter, a copy of any public record in that system which is not exempted by law from public disclosure. An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium, and the agency may charge a fee in accordance with this chapter.
Surely you know the above law. You have not cited any law that exempts the record from public disclosure. Your implication that the written transcripts accurately reflect the audio recordings proves that the transcripts have already disclosed those records. Therefore, the law binds you to prepare and deliver the copies of the audio recordings, as I requested.
I remind you that you and other officers of the court are bound by oath and bond to loyally fulfill your duties to uphold the law, administer it fairly, and defend the rights of the individual people of our state when they appear in your courts.
You have violated that oath by drafting an Administrative Order and issuing an interpretation that unlawfully and high-handedly seeks to deny my rightful and lawful access to the audio recordings I requested. As a result you, David, stand in jeopardy of bond forfeiture, disciplinary action by the state ethics commission, and prosecution. And you, Ron, knowing the law, also stand in jeopardy if you continue to violate it.
Now, therefore, I repeat my request for the above listed audio recordings, and I encourage you to consider this request a very polite, respectful, and firm demand:
Please give me a total of the charges for making the copies, and give me a delivery time within the 30 days after receipt of this letter.
Also, please note that I am sending this by e-mail. I know that you, Ron, receive them, and that you ensure the parties hereto (specifically, David) receive them. I do not consider it necessary to send such letters by registered mail, for if I had to in order to prove I sent it, that would mean the judiciary and its staff really is corrupt and is doing its best to deny my rights.
Accordingly, I expect an acknowledgment from you, Ron, by e-mail, within one business day after my date of transmission.
Sincerely,
Bob Hurt
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No answers received from Ron or David as of 2 May 2006
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