Go fuck your fascist selves !!!!!!!!!!!!!!!!!!!!!!!!!
Pinellas State Attorney Bernie McCabe 'dumbfounded' by prosecutor's action in domestic violence case
By Curtis Krueger, Times Staff Writer Posted: Feb 18, 2010 07:22 PM
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(bernie, that dumbfounded shit is over) GO AWAY.
Pinellas County's top prosecutor said Thursday he is "dumbfounded'' at the way his office handled the case of Craig Wall, accused of fatally stabbing his girlfriend after being released on $1,000 bail in a domestic violence case.
Bernie McCabe, state attorney for Pinellas and Pasco counties, said his staff needs to be reminded of fundamental principles that were not followed in this case.
He said his chief assistant, Bruce Bartlett, plans to meet today with prosecutors who handle misdemeanor hearings.
"They are being paid to be advocates and not just stand there with their hands in their pockets,'' McCabe said.
Wall is accused of stabbing to death Laura Taft, 29, early Wednesday morning after kicking in the sliding glass door of her apartment. He was arrested hours later in Sumter County, where he was passed out in the driver's seat of a red four-door car.
Two days earlier, Wall was released from the Pinellas County Jail on a $1,000 bond in a domestic violence hearing. No one at the hearing mentioned that Wall was a suspect in the death of his 5-week-old son earlier this month, even though policed had noted that fact in the arrest affidavit. They also failed to point out that Wall had spent 14 years in prison on charges related to an armed robbery.
"I think the judge should have been made aware of these other factors,'' McCabe said Thursday in his first public comments on the case.
Taft's sister-in-law, Nicole Bredeson, 26, was more direct.
"In my opinion that is a fatal error,'' she said. "My sister's life was worth more than $1,000 dollars. I think just about anybody can see how wrong that decision was.''
The domestic violence case stems from Wall's arrest Feb. 14 on a charge that he violated an injunction Taft took out against him because, she said, she feared for her life.
On Sunday, Wall showed up at a memorial service for his 5-week-old son. Taft said he drove through the parking lot and "flipped her off.'' He was arrested and initially held without bail.
The next morning, he came to his "first appearance" hearing, where judges inquire about the case and determine if there is sufficient "probable cause" to continue holding a defendant in jail; and sometimes modify their bail amount.
McCabe and Bartlett cited three problems with how an assistant state attorney handled the case during this hearing. First, he offered to settle the case during this initial hearing without spending more time to gather more facts. Second, he failed to bring up Wall's criminal record. Third, he did not mention that Wall was considered a suspect in the death of his own child.
"What kind of stunned me about the whole thing," McCabe said, was that the prosecutor offered the plea deal to Wall. That was not the right thing to do in a first court appearance in a domestic violence-related case, McCabe said, because the hearing happens within 24 hours of an arrest, typically before a prosecutor has done much research about the case and has had a good interview with the victim.
"You want to gather all the facts" before making an offer, Bartlett said.
McCabe said a plea arrangement in a first appearance hearing would have been acceptable in a minor shoplifting case, for example, but not in a case with a potential victim of domestic violence.
The assistant stat attorney, James Flynn, suggested a deal in which Wall would have been found guilty of the charge, paid $650 and agreed to have no contact with Taft.
But Wall rejected the offer, saying to Circuit Judge George Jirotka, "No, sir, I didn't do anything wrong, sir."
Because Wall rejected the offer, the next matter was to discuss whether to set bail. He had been held overnight without bail because it was a domestic violence-related case. So next the lawyers discussed whether Wall could be released on bond.
The prosecutor, Flynn, suggested a $2,500 bond — high for a misdemeanor case. The public defender asked for a $500 bond. Jirotka set it at $1,000.
But Flynn did not mention that Wall, 34, was released from prison in September 2008 after serving 14 years for a 1993 robbery with a deadly weapon, armed burglary and grand theft auto.
The prosecutor's records included notes on this prior record, officials said, but he didn't bring them up during the hearing.
Wall's arrest affidavit also said he "was suspected of being the one responsible for the infant's death."
This was a reference to an ongoing investigation. Clearwater police say the baby was in Wall's care on Feb. 5 at a Clearwater apartment when the boy went into cardiac arrest and was taken to All Children's Hospital in St. Petersburg. Craig Wall Jr. was removed from life support and died the next morning.
The prosecutor didn't bring this up either.
"I think the judge should have been made aware of these other factors," McCabe said.
McCabe said he would communicate strongly to his staff the need to address these fundamental issues in court hearings.
But he also added that, "One of the hardest things to train is common sense. To me this whole thing smacks of a lack of common sense."
Bartlett said he would remind attorneys of the need to be vigilant.
"It's our worst nightmare for something like this to happen," he said. "The judges, the prosecutors all live in fear of somebody going out and doing something like this."
Times staff writer Rita Farlow contributed to this report.[Last modified: Feb 18, 2010 07:39 PM]
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There are 28 commentsNewest FirstOldest FirstTop Rated
Boppy wrote:
I'm sure Prosecutor Flynn isn't feeling too good right now. He'll live with blood on his hands for the rest of his life. That's punishment in and of itself. I don't know what kind of prosecutor Mr. Flynn is. He made a grave error in this case. Does he deserve to be fired? I'm not so sure.
Feb 18th, 2010 6:36 PM
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lillapoyka wrote:
Hey Bernie, You're the boss
Feb 18th, 2010 6:32 PM
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EricfromValrico wrote:
LisaH, actually assault and battery is one charge they can give you for punching someone you don't know. Most of the time if you throw a punch in a barfight, you are charged with misdemeanor assault. If you punch someone in a barfight, and you knock their teeth out or cause relatively serious bodily harm, then you are charged with felony assault and battery. It is funny because the argument against making domestic cases a felony is that if you punch a stranger, it is a misdemeanor, but if you punched your wife, it would be a felony. They argue that it should be no different. Are the two crimes different and is domestic worse?
I say, yes. Yes, it is a more serious crime to punch your wife than it is some drunk at a bar. The reason is that most barfights don't escalate to homicide at a later date. I think it should be a felony.
Feb 18th, 2010 6:29 PM
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babygirl wrote:
First of all i think if that would have been a doctor or a cop that would have been killed those people would have looked at everything from the time the killer was born untile up to date.To see what history they have but i guess since that poor baby and the young helpless mother didnt get the kind of respect she would have gotten had she been a lawyer or a cop or a doctor but since she was they didnt feel they needed to do their jobs the rite way.I feel the people that missed the important facts of his history should be fired and recieve jail time for their sorry part in not helping her and i hope they dont get the chance to ruin someone elses life.To the girls family i am so sorry for ur lose.I to know what it feels like for the state not to give a crap thats how they was when my father was killed no investigastion and they said the case was close so i hope u guys get a really great attorney and get every penny they have and make it where they cant hurt anyone else god bless you
Feb 18th, 2010 6:26 PM
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petunia wrote:
Normally I would agree that the judge is to blame in a case like this, after all, he is the one who makes the final decision. However, this prosecutor never uttered a word about this guy's prior record. If the prosecutor is offering to dump the case and let the guy out of jail that day in exchange for $650 and his "good word" not to have contact with the victim, then what would alert the judge that a $1000 bond is inappropriate? Nothing. It is the prosecutor's job to make the Judge aware of the circumstances surrounding each case. Flynn's failure to speak up and warn the judge about this guy's prior record and the fact that he is currently under investigation for murdering his own child is just unacceptable. I hope his office finds it inexcusable. Lack of common sense is right.
Feb 18th, 2010 6:21 PM
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My2Sense wrote:
I understand that the Prosecutor's office probably does not have the most intelligent of attorneys working for them but they still graduated from LAW SCHOOL, right??? OMG this James Flynn has notes indicating he spent 14 years in prison and was the possible killer of his own child but FAILS to even mention this little tidbit? W O W ! This prosecutor was lazy and incompetent and helped cost this woman her life. Training for him does not bring back this woman back to life. Fire him before he does more damage to the citizens paying his salary!
Feb 18th, 2010 6:07 PM
10
jlcrystalbeach wrote:
GREAT JOB BERNIE! YOUR OFFICE WOULD RATHER PROSECUTE NON VIOLENT MARIJUANA OFFENDERS THAN PEOPLE LIKE THIS DIRTBAG? KEEP UP THE GOOD WORK!
Feb 18th, 2010 5:58 PM
10
gurleigurl wrote:
OMG!!!! This is such BS. WTF is wrong with the judge??? Laura was a good friend of mine. ARRGGHH!!! If he were still in jail this would never have happened. RIP Laura, now you can be with your baby!!
Feb 18th, 2010 5:56 PM
20
toc92choc wrote:
Fire James Flynn - incompetent, derelict of dutyFire Bruce Bartlett - failure to supervise and properly direct his staff. Hey Bruce - you will "remind" staff to be vigilant. They need reminders for something so basic? Really?And the judge - we need a Courtwatch to monitor his disposition of important cases. While he was not given key (available) info, he also did not seem to ask some obvious questions. Finally, how would any of these men feel if their family members had been so needlessly exposed to such a clear menace?
Feb 18th, 2010 5:55 PM
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jlcrystalbeach wrote:
GREAT JOB BERNIE MCCABE!!!!!!! IF YOU WERE NOT WASTING YOUR TIME PROSECUTING NON VIOLENT MARIJUANA OFFENERS, MAYBE THIS WOULD NOT HAVE HAPPENED???????
Feb 18th, 2010 5:54 PM
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tash wrote:
Marleyfan78 -- perhaps you would have been better off if you just never commented ever. nothing bernie mccabe says leaves them WIDE OPEN for lawsuit because they are IMMUNE FROM BEING SUED. despite this, or perhaps defiantly because of this, you will never see him pointing the finger at himself nor accepting any share of the responsibility for any criticism directed at his office
Feb 18th, 2010 5:47 PM
22
LisaH wrote:
How the %^@# can Domestic Violence be considered a misdemeanor when Assault & Battery is a felony?! It's OK to hit your wife but not a stranger? Here's a slap on the wrist, pay your fine on the way out.
Feb 18th, 2010 5:41 PM
30
luvstpete wrote:
I hope Mr. Flynn is a new member of the unemployed. I also hope that not a day goes by for the rest of his life, without his thinking of what not doing his job properly, cost the young woman and her family.
Feb 18th, 2010 5:35 PM
30
Joe Joe wrote:
And oh, I'm sorry, "dumbfounded"? No, you are just plain DUMB.
Feb 18th, 2010 5:33 PM
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Marleyfan78 wrote:
This article moved me to comment (first timer). Say what you want about government, and who is guilty, made bad judgment...I gotta hand it to Bernie McCabe for putting this statement out there. You realize this leaves them WIDE OPEN for lawsuit and culpable negligence and going on record stating the wrongdoings directly of the SA's office, good for him. He found out something wrong went down and he made a public announcement. Judges can only go based on the facts presented them. McCabe did a fine job for standing up for what was right and I hope Ms. Taft's family follows through with a wrongful death suit against the State of Florida. But, not shifting of blame will bring her back, so let's just expedite Wall's sentence. Good job McCabe for speaking up.
Feb 18th, 2010 5:33 PM
05
Joe Joe wrote:
McCabe, "your staff needs to be reminded of fundamental principles that were not followed". No, you idiot, they need to be indicted as co-defendents along with you in a murder trial. My god, if this was my daughter, you and your staff would already have paid.
Feb 18th, 2010 5:30 PM
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tash wrote:
"It's our worst nightmare for something like this to happen," Bartlett said. "The judges, the prosecutors all live in fear of somebody going out and doing something like this................ and GETTING IT PRINTED IN THE NEWSPAPER AND EMBARRASSING US!" I wonder how much of a nightmare it would be if it could somehow have been swept under the rug? Also, to hang young Mr. Flynn out to dry after your flawed chain of command sets him up to fail smacks of cowardice Mr. McCabe. I wonder if you know or have even met any of your misdemeanor prosecutors? Perhaps if you actually appeared in court from time to time....
Feb 18th, 2010 5:30 PM
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GoMets wrote:
The reality is that judges and prosecutors see a tremendous number of people every single day. If they no bonded every one who they thought might reoffend we would have to build 6 new county jails. They don't have a crystal ball and every one of them goes to sleep every night wondering if they made the right call. No one can protect you except you. The police won't make it in time to save you. If you choose to marry or date a burglar, thief, rapist, car thief etc who has spent time in prison, chances are he'll also disrespect you, just like he disrespected society in general. Personal responsibility and common sense cannot be taught. You either have it or you don't. Bernie, don't hang this young atty out to dry. He did what he could with the tools, resources and caseload given to him based on the budget.
Feb 18th, 2010 5:29 PM
03
A thinking person wrote:
Don't tell me the Judge knew nothing about what was going on. Wall said in open court to the Judge his son died and he was just in the parking lot !! The Judge didn't hear that or even question it? Was he sleeping? Sorry , We know who is at fault..It seems they only push around the innocent and thats usually who gets screwed while crazy ex cons get out with a hundred dollar bill and then kill!!!! DAs office is a bad joke, Always looking for convictions and never the truth..The lets make a deal office...
Feb 18th, 2010 5:08 PM
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bugnout wrote:
Does anyone truly expect less than this from government?
Feb 18th, 2010 5:00 PM
30
stetlawyer wrote:
When will anyone realize that DVI's are just feelgood, worthless documents..as are "no contact" orders...too much money is wasted on Domestic Violence court in Florida..."oh my, God forbid I pick up a misdemeanor violation of DV charge...to go along with the murder charge!" A better solution must be found, unfortunately, I don't know what it is.
Feb 18th, 2010 5:00 PM
20
EricfromValrico wrote:
I hope that a ghostly form of Laura Taft haunts the judge until his dying day. If there is one person who deserves blame beside Mr. Wall, it is the judge. I hope he sleeps well knowing that his incompetence cost a citizen their life. I thought a judge's sworn duty was to enforce the law and protect us from scum like this; I guess now it's different. I guess now it's lock up the potheads and let the wifebeaters, pedophiles, and rapists loose. Great job, judge. I hope you rot in hell with Wall. You had the power to stop it, but you were too busy making sure your stupid robe fit right or worrying about getting to Palma Ceia Country Club in time for the early bird special. George Jirotka, you make me sick.
Feb 18th, 2010 4:56 PM
60
ididso wrote:
A typical example of these guys not doing thgeir jobs and just going through the motions to move cases along.
The buck stops with McCabe.
Feb 18th, 2010 4:53 PM
40
michaela70 wrote:
This whole case is unfortunate. This county has no desire to hold criminal abusers accountable, rather they want "convictions". Domestic violence cases are notoriously difficult to "win", but instead of working harder to get a conviction, these cases get little attention.
This case is so unfortunate that it resulted in death. McCabe is responsible for the actions of his department. Rather than "just stand there with his hands in his pockets" and claim "dumbfoundedness" he should RESIGN. If he doesn't, he should be REMOVED.
Feb 18th, 2010 4:48 PM
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lanienus wrote:
The person totally responsible for this crime is the man who did it. Too east to blame others for wacko people like this guy.Just keep him locked up to protect society.
Feb 18th, 2010 4:46 PM
23
EdRingwald wrote:
What should have really happened when Craig Wall was arrested for violation of a domestic violence restraining order was no bond until trial. Instead, the judge releases Craig Wall on a $1,000 bond - that's easy money, considering the fact that a bail bondsman usually requires 10% of the bond. 10% of $1,000 = $100!
Moreover, the judge should have known better before releasing Craig Wall on $1,000 bond - the judge should have known Craig's prior record. Instead, Craig Wall is released on bond.
Instead, not only one but two needless lives were lost to domestic violence. What is wrong with society anymore?
Feb 18th, 2010 4:43 PM
20
GN wrote:
Hey Bernie, to little to late. Just more goverment stooges that care less about the people they are supposed to repersent, us the taxpayers, the same people that sign your over inflated pay checks.
Feb 18th, 2010 4:43 PM
20
voxyqt wrote:
I had nooo idea that Judge Artmeus McNeil also prosecuted in Pinellas. He will NOT give restraining orders despite the fact that people SHOT AT other people. That, apparently, is a-ok. I'm sorry for the loss of your daughter, beloved friend and family member and a little boy's mama. There's going to be more bodies piled up if we don't get these crackpots out of power. Why is a male judge hearing female abuse cases in the first place? Not that it would make a difference in Hillsborough where the DOM. VIOL. advocate ms. lainge or lange is also on the side of the abuse. and this is no lie. She actually said there was TOO MUCH. TOO MUCH?????????????????? Like the stripper somewhere else in fl. 72 pages. Gee I'm sorry you're not up to reading that much. Go home and give your job to someone else who can handle it. PEOPLE ARE DYING ....