Judge Joseph Will was not impressed with the way the Holly Hill Police Department handled the arrest of former Daytona Beach Officer Janet Hawkins. You be the judge!
Judge refused to drop charge even though information about arresting officer had been withheld
BY JAMES HARPER
DAYTONA TIMES
Judge Joseph Will says he was shocked by the behavior of the Holly Hill Police Department in the handling of the arrest of a former Daytona Beach police officer. However, he refused to dismiss charges against Janet Hawkins, sentencing her to 12 months’ probation for resisting arrest without violence. The sentence was for an encounter Hawkins had with two officers of the Holly Hill police force two years ago.
Judge Joseph WillWill acknowledged that the Holly Hill Police Department did not turn information over to the State Attorney’s office that might have resulted in a different verdict from the jury that found Hawkins guilty.
Hawkins’ attorney Gayle Graziano, a former Volusia County circuit judge, filed a motion on Aug. 19 prior to sentencing for dismissal of the verdict, citing a Brady violation.
Hawkins, 47, of Ormond Beach was arrested by the two Holly Hill officers on Sept. 23, 2009, after she was accused of running a stop sign at high speed. She also is accused of fighting with and injuring the officers.
Evidence withheld
A Brady motion is a defendant’s request for evidence concerning a material witness, which is favorable to the defense and to which the defense may be entitled. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness.
Janet Hawkins is shown after her arrest by the Holly Hill Police Department.A Brady violation occurs where the failure to disclose evidence to the defense deprives the defendant of a fair trial.
Will agreed that Graziano was able to prove that evidence was withheld from the State Attorney’s office about arresting officer Romel Scalf.
Arresting officer fired
Graziano found the information on her own about Scalf’s illegal use of a Taser and other information about him while he was a police officer with Holly Hill.
“What we have is Romel Scalf. Look at his history. Thought he was God. When he approaches you, you better follow his order. … You better do what he says or else. Who does he target? They are Black people. He doesn’t do this with White people,” said Graziano about the officer who was fired by the Holly Hill Police Department (HHPD) soon after the arrest of Hawkins because of his actions while with the force.
Graziano told the judge that the “the prosecutor had the obligation to seek justice,’’ stating that the information should have been presented to the defense. “Government held back. Government did not provide us with all information.’’
The judge said the HHPD not providing the information “has nothing to do with the State Attorney’s office. The State Attorney did nothing wrong; the City of Holly Hill did.”
Matter of race?
Graziano later exclusively told the Times that she considered race a factor.
“You know how racist this community is. If she had been a White male, no charges would have been filed.”
However, the judge said during the sentencing: “I think the jury was fairly forgiving. If there is a racial overtone, I didn’t know anything about it,’’ adding that the jury is not asked to consider racial overtones.
“Two persons (who) did not mesh well ran into each other. I think attitudes led to the problem. We have a she-bear and a bully,” elaborated Will, referring to Hawkins and Scalf.
Hawkins said she never resisted arrest.
She was later fired for violating Daytona Beach police policies. Hawkins had been responding to a call from her son, Brandall Hawkins, who had been arrested on a charge of trespassing at an apartment complex. He later was found not guilty by a jury.
Went looking for son
Hawkins, a 15-year veteran of the Daytona Beach police, was off duty while on the way to the Holly Point Apartments parking lot on 15th Street, looking for her 25-year-old son.
“As a mother, I had a right to go to the police station. I didn’t understand. When this is over, I have to look at my son and say there is justice. I was victimized by him (Scalf). I can’t be bitter. My family has suffered enough. How did I get to where I was to where I am? I still believe there is justice.”
Scalf’s side of the story
Scalf, in his arrest report, described how he thought Hawkins was a danger behind the wheel. When she jumped back in her sport utility vehicle after being stopped, Scalf said he tried to place Hawkins under arrest but she resisted.
He and another officer, Walter Melton, used Tasers on Hawkins during her arrest.
Last April, an all-White jury found Hawkins guilty of resisting arrest without violence. Her sentencing was delayed until last week because of a death in Graziano’s family.
“This woman (Hawkins) has been punished enough. She was fired. She was terminated. Why wasn’t she suspended? She has fought racism and sexism. She has been punished more than anybody else. If you’re female, you have to be devastated,” said Graziano.
Attorney: Client probably overreacted
Graziano said she did not understand how the jury could find Hawkins guilty of resisting arrest without violence.
“The officer asked her to remove her vehicle. She was not obstructing traffic; the police officers’ vehicles were obstructing traffic. She parked in a place that was unobstructed. Jury misapplied the law if they thought she did,” said Graziano, who filed an appeal to overturn the verdict.
While doing so, Graziano also withdrew as Hawkins’ attorney because of what she said was an understanding with the former office when she took on the case.
Graziano admitted Hawkins could have probably behaved differently when she was stopped by the police.
“She is like a lot of mothers. She overreacted. When her son is in danger, she goes with vengeance. She was trying to get to the police station. She was familiar with how law enforcement treats young Black men,” added Graziano.
Daytona Beach News Journal has an article about Janet Hawkins Trying to get her job back as a police officer. I wish her the best of luck in doing so. Holly Hill did not give evidence that would have helped her case.
Daytona chief: Officer trying to get job back was ‘out of control’
Janet Hawkins was charged with resisting arrest with violence and resisting arrest without violence, a felony and a misdemeanor, respectively.
http://www.news-journalonline.com/article/20121016/NEWS/310169941/1025?Title=Daytona-chief-Officer-trying-to-get-job-back-was-out-of-control-
Judge recommends: Drop ethics charges against Holly Hill city manager
By CHRIS GRAHAM, STAFF WRITER August 11, 2012 12:25 AM
East Volusia Oel Wingo
HOLLY HILL — A judge has recommended all ethics charges be dropped against former City Manager Oel Wingo.
The ruling was made by Administrative Judge W. David Watkins nearly two years after commissioners abruptly fired Wingo, accusing her of executing agreements with all of the department heads to give them protection from pay cuts.
Wingo, who is serving as the interim city manager for the city of Williston, did not return a message left on her cellphone Friday.
After Wingo’s firing, commissioners filed a formal complaint with the Florida Commission on Ethics, which found probable cause Wingo committed violations by entering into “pre-dated employment agreements.” The ethics commission also found probable cause she attempted to destroy public records involving the agreements.
But the judge found otherwise.
http://www.news-journalonline.com/news/local/east-volusia/2012/08/11/judge-recommends-drop-ethics-charges-against-holly-hill-city-manager.html
October 19th 2012
By Linda Trimble
STAFF WRITER Friday, October 19, 2012
Ethics charges dropped against former Holly Hill manager
The Florida Commission on Ethics on Friday dismissed all ethics charges against former Holly Hill City Manager Oel Wingo.
Meeting in Tallahassee, the commission unanimously approved an administrative law judge’s recommendation to dismiss charges Wingo had violated the law by entering into pre-dated employment agreements with city department heads and destroying public records related to the issue.
The decision came after an administrative hearing in April in which Administrative Law Judge W. David Watkins found Ethics Commission staff failed to prove Wingo had violated state law.
Wingo was fired two years ago shortly after Mayor Roy Johnson defeated Roland Via in his bid for re-election. She is now interim city manager of Williston.
“It looked like there was a lot of politics mixed into this thing,” Ethics Commissioner Matthew Carlucci said just before the commission voted on the judge’s recommendation.
http://www.news-journalonline.com/article/20121019/NEWS/121019681/1040?Title=Ethics-charges-dropped-against-former-Holly-Hill-manager
Judge rules Big John can run for Holly Hill mayor
By CHRIS GRAHAM, Staff writer
June 21, 2012 12:15 AM
Posted in: East Volusia-
Volusia County
Holly Hill elections
DAYTONA BEACH — The race for Holly Hill mayor became a little more crowded Wednesday after a circuit judge ruled Big John’s name could be placed on the ballot, despite finding he violated state law during the qualifying process.
The radio talk-show host and former county councilman had filed a petition in circuit court June 15, a week after he claimed City Clerk Valerie Manning refused to accept his $130 qualifying check in a last-minute attempt to run for mayor. “I’m glad the decision will be made by the voters and not by City Hall,” John said after a hearing before Circuit Judge Richard Graham at the Volusia County Courthouse Annex. Prior to Wednesday’s hearing, the city filed a written response that alleged John opened a campaign account prior to filing paperwork with Manning — a violation of city and state law.
Manning in a sworn affidavit testified John had come to her office June 7 to pick up qualifying paperwork to be filled out by another person, but came back the next day a half hour before the qualifying deadline, saying he had decided to run for mayor. When Manning found out John had already opened his campaign finance account, she contacted Volusia County Supervisor of Elections Ann McFall, who reaffirmed John had incorrectly qualified for mayor. McFall said the statute was instituted about 10 years ago or about the time John unsuccessfully ran for the Volusia County Council in 2002. Ormond Beach attorney Jon Kaney, who represented Holly Hill at the hearing, said Manning had “no clear duty to disregard the statute” and that John’s problem was “self-inflicted.”
“He wants to be mayor of Holly Hill but he never looked anywhere to identify what he needed to do to run,” he said. “We don’t think his hands are clean.”
But Kaney’s argument did little to sway the decision made by Graham, though he acknowledged a violation had occurred, albeit a minor one.
“There is a clear legal right for Big John to be on the ballot,” the judge said, citing a similar 2006 Miami-Dade County case heard by the 3rd District Court of Appeal. “I don’t see any other way around this ruling.” Graham also said if he had ruled in favor of the city, the case could have been appealed and could have led to a costly special election.
“This can’t hurt the city of Holly Hill,” he said of his decision. Before Wednesday, incumbent Mayor Roy Johnson and his predecessor, Roland Via, were the only two candidates in the race for mayor.
Johnson said he has nothing against John but he believes everybody should have to abide by the rules. “If they want to elect someone else, that’s up to the voters,” he said.
Via, who attended the hearing, said the ruling was a victory for the citizens of Holly Hill. “The true winners in this are the people because they are the ones who really need to make the decision,” he said. “Let the people decide.” The municipal election will be Aug. 14. Should a candidate fail to garner more than 50 percent of the vote, a run-off election will be Nov. 6.
http://www.news-journalonline.com/news/local/east-volusia/2012/06/21/judge-rules-big-john-can-run-for-holly-hill-mayor.html
Tuesday, 12 June 2012 15:53
Legal Wrangling Continues In Holly Hill Houseboat SagaHolly Hill, FL- Exactly 18 weeks ago, three Sea Tow boats pulled a stranded houseboat off a strip of land near Riverside Park in Holly Hill. What was supposed to be a quick, 30-day process has turned into months of legal wrangling, thanks to boat owner Robert McGary.
After months of back-and-forth between the city and McGary, a judge validated a city Special Master’s decision to have that boat removed after it ran aground during October’s no-name storm. When the boat was pulled from the shore on February 7th, salvagers moved the boat to dry storage at a city impound lot. Initially, McGary was to have 30 days to come up with around $8,000 to pay fines he incurred for keeping the boat on dry land, or else the boat would be auctioned to the highest bidder.
http://www.newsdaytonabeach.com/Radio/WNDB/WNDB-Latest/Legal-Wrangling-Continues-In-Ongoing-Holly-Hill-Houseboat-Saga.html
Update on the Sunrise Park Houseboat drama between Robert McGary and the City of Holly Hill.
Holly Hill sets auction on seized houseboat
By CHRIS GRAHAM, Staff Writer
August 8, 2012 12:15 AM
Posted in: East Volusia
Houseboat , Robert McGary
Robert McGary’s houseboat is towed south on the Halifax River in February. The boat had been stuck on a sandbar since the no named storm in October. Holly Hill officials have the set the date to auction off a houseboat that washed ashore late last year.
The city plans to auction off a 52-foot, 60,000-pound houseboat belonging to Robert McGary. The vessel grounded Oct. 10 onto a patch of land off Riverside Drive that juts out into the Halifax River.
“We are looking forward to the resolution of this,” said Police Chief Mark Barker. “It has been an extended process.”
According to a notice issued by Volusia County Circuit Court, an auction will be at 11 a.m. Aug. 27 at 453 LPGA Blvd. Those wanting to purchase the boat must have cash in hand, according to the notice. Interested buyers will have 30 minutes prior to the auction to view the houseboat, the notice shows.
The auction is the latest chapter in a battle between the city and McGary, who had been living on the vessel.
Entire Story!
http://www.news-journalonline.com/news/local/east-volusia/2012/08/08/holly-hill-sets-auction-on-seized-houseboat.html
“Cash in hand”? 19K and up in cash? I would hope a certified check for a deposit of the total amount would do.
Anyone wanting to buy the boat should make sure ahead of time what the requirements are. It would be unusual to actually ask people to carry cash for such a high ticket item!
HOLLY HILL — The race for mayor is already heating up after a banner promoting one of the candidates raised a few eyebrows.
An email sent to Ann McFall, the county’s supervisor of elections, by commission candidate Penny Currie inquired about a banner urging voters to re-elect Roy Johnson for mayor that was set up June 9 in Hollyland Park on Ridgewood Avenue. According to city ordinance, election banners cannot be put up more than 30 days before the municipal election, which is Aug. 14. Johnson is running against Roland Via, who previously served as mayor and city commissioner. Former Volusia County Councilman Big John has a pending legal case to also try and get on the ballot.
“I would like clarification from your office if possible as to what would be allowed or is allowed, since I am new to this and don’t want to place my signs out too early if that’s not the case,” Currie wrote McFall.
McFall replied to Currie and copied the email to City Manager Jim McCroskey, who then forwarded the inquiry to the city commission.
“I am forwarding it to everyone for informational purposes,” he wrote.
But one commissioner took exception to how the situation was handled. “If it had happened the other way around, you can bet within an hour that banner would have been down,” Commissioner Liz Patton said at Tuesday’s commission meeting. “It’s not fair what happened.”
McCroskey on Thursday declined to respond to Patton. Reached by phone Thursday, Patton said she was upset that Currie’s email was characterized as a formal complaint. “It was just an email,” Patton said. Whether Johnson violated city law is up for debate. McCroskey said Mayor Johnson had rented out the park for his grandson’s birthday party, which was attended by several city officials. He added since Johnson had rented the “facility,” he’s allowed to place signs within it. Mayor Johnson said he didn’t put up the banner. When he was told the sign was up, he immediately took it down. “I have no clue who put it up,” the mayor said, speculating it may have been his daughter.
Mayoral candidate Via said he wasn’t too concerned about the issue.
“These issues come up in every campaign” he said. “I’m not really worried about banners. I’m more worried about what’s been going on the past couple years in the city.”
http://www.news-journalonline.com/news/local/east-volusia/2012/06/17/political-banner-sparks-holly-hill-mini-feud.html
Big John takes Holly Hill to court over mayor’s race
By ANDREW GANT, Staff writer
June 17, 2012 12:30 AM
HOLLY HILL — Radio talk-show host and former Volusia County Councilman Big John is taking Holly Hill and its city clerk to court over his last-minute exclusion from the mayor’s race.
A circuit judge, in response to John’s court filing Friday, has ordered the city to put its case in writing — and show up Wednesday afternoon for a hearing to decide whether John should be on the ballot. John, who attempted to file for the race the day before qualifying ended earlier this month, said City Clerk Valerie Manning refused his $130 qualifying check because of a campaign-finance technicality: He opened a campaign account and wrote the check before he officially filed and registered himself as the treasurer.
“She is not the judge and jury,” John said Saturday of Manning’s decision — arguing she had a duty to accept his filing, not determine whether he was eligible under the law. “Neither the city charter nor the state election law establishes the clerk as empowered to make such a ruling,” he wrote in an email the same day, “and there is nothing I can find anywhere that says she could refuse payment.”
As it stands today, the only two candidates for mayor on the ballot are incumbent Roy Johnson and his predecessor, former mayor Roland Via, who also hosts a radio program on John’s station, 1380 AM. John, who spent a combined 12 years on the County Council before an election defeat in 2002, said he’s running for mayor because the city recently denied his request for a speed bump on State Avenue, where he lives.
“So, I decided I would run for mayor promising ‘speed bumps where you need them’ and a lot more listening to what people really want and need,” John said. “Instead, I’ve hit a political speed bump, but I hope the court will agree it shouldn’t stop my effort” to get on the ballot. Volusia Supervisor of Elections Ann McFall said Saturday that Manning had consulted with her on qualifying day, and that the city clerk said she’d instructed John to file with the city before he opened his campaign account.
“Is it such an error that he shouldn’t have gone on the ballot? I don’t know; that’s for a judge to decide,” McFall said. The elections office begins sending its ballots to the printer Monday, and the final deadline for all ballots to be printed is Friday.
The city’s written response is due at noon Wednesday, with oral arguments following at 1 p.m. at the Volusia County Courthouse Annex at 125 E. Orange Ave., Suite 307 in Daytona Beach.
http://www.news-journalonline.com/news/local/east-volusia/2012/06/17/big-john-takes-holly-hill-to-court-over-mayors-race.html