Complaint Against State Attorney Glenn Hess

Minor Update from 3/12/13  Keep in mind that there is a 'message board' about this problem at:  http://bidawee.proboards.com/index.cgi there are many interesting comments for you to take a look at and post your own comments if you want to add something or correct something.

When citizens get arrested for bogus charges it takes them a long time to 'get justice'.  

In the case of Mr. Martin, his arrest was flawed from the start.  First the complainant lied his head off, then the arriving cop did a poor - read non-existant - job of looking at the matter and finally the State Attorney assigned to the case kept pushing forward when any competent lawyer would have dropped the case.

Now that the case is history and Martin got his 'Not Guilty' verdict in record setting time, it is Martin's turn at bat and he is going after the City and their Police Department, the State Attorney for his case and her boss and finally there looms a potential suit against the BAW Board and their one time President Mr. Jimmy Smith.

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July 23, 2012

Florida Judicial Qualifications Commission

1110 Thomasville Road
Tallahassee, FL 32303-15-81

Subject: Complaint Against State Attorney Glenn Hess

Dear Sir or Madam.

Please find herewith a complaint Against State Attorney Glenn Smith with supporting documentation.  Attorney Glenn Hess’s office refused to pursuers my felony complaint against Jimmy Algie Smith PCBD Case 11-24925 Glenn Hess; RFA No. 13-92.

 In January 2012 I was tried in Judge Fensom’s court for Aggravated Battery with a deadly weapon against Jimmy Algie Smith by Tracy Smith of the State’s attorney’s office. During my trial Ms. Smith committed numerous acts of what I believe to be prosecutorial misconduct. I wrote to State Attorney Hess and gave him the facts and the evidence of misconduct that including suborning perjury.

I was tried with no investigation whatsoever by the Beach Police or the State’s Attorney’s Office. I was represented by Defense Attorney Steve Meadows, former State Attorney and this case became in my opinion a case of Glenn Smith and Tracy Smith vs. Steve Meadows. Tracy Smith had no case, knew her witnesses were both lying and put them both on the stand to commit perjury. I received a curt reply to my complaint letter to Glenn Smith which is enclosed. After deliberating 45 minutes a jury found me Not Guilty. I later filed a formal complaint against the arresting officer and the internal affairs investigation that followed against Officer John Kelley did in fact prove that I was arrested by him with him conducting a proper thorough and complete investigation. He was disciplined and quit the force. I am represented by Marie A. Mattox in a civil claim against the P City of Panama City Beach. By their own admission they were negligent and Kelly did provide false testimony during my trial and Tracy Smith knew in advance that the testimony he was going to provide was false. I have filed a complaint with the Florida Bar against Tracy Smith. Letters from the Bar attached.

At the time I was arrested in July 2011 The Beach police refused to allow me to file a complaint against Jimmy Smith who is in fact the person who assaulted me. Recently I file a complaint against Jimmy Algie Smith for Aggravated battery against me on July 27^th 2011. Smith testified under oath that he swung a metal frame grass catcher at my head but that I blocked it and he hit me in the arm instead.

I enclose the letter I received from Greg Wilson from the State Attorney Office advising me that they do not intend to prosecute Mr. Smith. They were not successful in sending me to prison for an offense I did not commit so why bother going after the person who started the fight.

I refer you to the trial transcript that prove Tracy Smith out Officer John Kelly on the Stand knowing he would provide false testimony as she was given copies of documents from the Bay County Jail, The State’s own agency that proved he was lying about injuries I had at the time I was arrested and about a special medical brace was wearing for an injured Achilles tendon for which I was scheduled to have surgery.. She was given this October 6^th 2011. Kelly lied at his deposition in November and at my trial in January 2012.

I appreciate your investigating this complaint and trust that it will be handled appropriately. If you need further information please contact me.

Sincerely

Randy P. Martin

411 Argonaut Street
Panama City Beach FL 32413

Bar Complaint about Attorney Tracy Smiths Conduct

For larger image right click then 'open in new window'

Tallahassee Lawyer retained for Martin Civil Suit

Marie Mattox, P.A. Tallahassee, Florida, a Police Misconduct Specialist, on 5/31/12 accepted the Randy Martin civil case. 

Initial information is that a civil action for damages will be filed shortly against the Panama City Beach Police Department and former PCPB Officer John Kelly who was the arresting PCBPD Officer.

Details on other defendents is unknown at present, but the list could include the Smiths, the Bid A Wee Association and the directors, both current and prior of this Association.

Marie A. Mattox, P.A.
310 East Bradford Road
Tallahassee, FL 32303 Phone: 850-383-4800
Toll Free: 877-811-8563
Fax: 850-383-4801
http://www.mattoxlaw.com/  (photo Mattox Law Firm)


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What will the City, Jim Smith and BAW be sued for?

Litigation is pending against the City for false arrest,, malicious prosecution, negligence, negligent retention, negligent enforcement and violation of civil rights.

The City has been notified that their actions caused damage, including but not limited to, medical and legal expenses, lost wages, lost capacity to work, loss of enjoyment of life, pain and suffering, mental anguish, and related noneconomic damages.

Action against Jim Smith and the Entire Board of Directors who were serving on the board as of June 2010 for slander and defamation which caused the same damages as listed above will behandled by a different attorney and will be forthcoming

For larger image right click then 'open in new window'

June 18, 2012

Mr. Gregory T. Wilson
Chief Assistant State Attorney
P.O. Box 1040
Panama City, Florida 332402-1040

RE: PCBD Case: 11-24925

Dear Mr. Wilson,

I am in receipt of your letter of June 15th.

Basically what you are saying is that since your office was unsuccessful in railroading me for a crime I did not commit by prosecuting me with no evidence, absolutely no investigation by the police, no investigation by your office, no effort by the police or your investigator to locate and talk to witnesses you see no point in prosecuting the person who started the fight in the first place. You couldn’t send me to prison for 15 years for a crime I did not commit so you just drop it. Is that how your office handles Murder cases and armed robbery cases as well?

Tracy Smith had evidence in writing and in sworn documents that Jim Smith was lying about what happened on July 29th. He changed his testimony with regard to his injuries and what happened that day under oath three times. Tracy Smith had in her possession at my trial January 27th the Bay County Jail medical intake records that proved that Officer John Kelly was lying about my injuries and the medical boot I was wearing as these documents were turned over to her by Steve Meadows on October 6th 2011 yet she still put Kelly on the stand knowing he was going to lie and say I had no such injuries and was never wearing the boot. To make it worse she got up on redirect and made him lie again and say I was never wearing the boot and ”never had in on at any time in his police car” when all the time she had the truth in a folder in front of her. That is suborning perjury. Not only the jail records but the Beach Police Internal affairs investigation in to my complaint against Kelly revealed that I WAS wearing the boot not only proven by the jail records, but by the testimony of the officer that transported me to jail. She had two witnesses at trial, John Kelly and Jimmy Smith. After the police investigation in to Kelly he has resigned in disgrace.

One week prior to my trial in January 2012 Tracy Smith called Steve Meadows and told him she had just met with Smith and Kevin Paulk and that Smith told her in that meeting that he could not honestly say who hit who first. She told Smith that based on that she was going to call and offer misdemeanor assault which she did and it was refused. On the witness stand one week later under cross examination Meadows asked Smith if he had, one week earlier told Tracy Smith that he could not remember who hit who he said no he never said that! This in effect made the prosecutor a witness. A lengthy sidebar ensued. After lunch Tracy Smith put Jimmy Smith back on the stand and he said “oh yea I guess I said that but I called back later and said “I just remembered, he hit me first.” Read the trial transcript Mr. Wilson. Meadows called Kevin Paulk to the stand who confirmed Jimmy Smith had just lied.

There were witnesses. One eye witness Linda Langmeier who saw Smith start the fight, Randy Otwell, my wife, Larraine Broderick, my next door neighbor Lawrence Hand, all could dispute Smith and Kelly’s testimony. Your office made no effort to contact or interview any of them.

I believe that Glenn Hess hates Steve Meadows and because I was Mr. Meadow’s client your office tried to put me in prison knowing I was not guilty. Unfortunately, I cannot prove that. The voters will decide.

I seriously doubt it will do any good but I will be filing a complaint with the State Bar Association.

Your office is a disgrace. You have falsely coded cases in the past and been caught doing so to falsely indicate your success. You have had at least a half dozen lawyers quit under the new State Attorney and now you have tried to railroad me and refused to go after the guilty party because you already had your head handed to you by Steve Meadows and a jury. Thankfully, I am able to pursue a civil suit against the Police and John Kelly for their actions, all of which they admit to in the Beach police investigation file of Kelly. Your office hides behind Prosecutorial Immunity and that’s a shame because what Tracy Smith did is far worse than anything the Beach police or Jimmy Smith did. She had documented proof Smith was a liar and she proceeded anyway. She is a disgrace to the legal profession. It is my hope that the Bar Association will find she committed prosecutorial misconduct and suborned perjury.

God Help the people of Bay County and the 14th Judicial Circuit if Glenn Hess is re-elected.

Randy Martin
411 Argonaut Street
Panama City Beach FL 362413

CC: Glen Hess, State Attorney 14th Judicial Circuit State of Florida

Perhaps by now the County Commission has grown a pair?

This oversize postcard was sent to all 5 of our County Commissioners.

Smith sends out a wishy washy resignation email

Embattled Bid A Wee Corporation President Jimmy Smith seems to be tossing in the towel and resigning. Of course his email has so many qualifications that you have to wonder if he is resigning or not.

I understand that what support he had with his hand picked Board of Directors has all but vanished with the drubbing he took at the recent trial of Randy Martin.

Even hard core supporters of Smith could not understand why after an all day trial the jury took just 45 minutes to acquit Martin. So any credibility Smith had in making his charges had vanished with the returned verdict which court house observers said was the quickest any jury had come back in recent memory.

Now Mr and Mrs Smith face a major civil action and tossed into the mix is that it is usual for plaintiffs in such cases to name everyone even remotely associated with the matter, so the BAW Board, the Police Chief, the arresting officer and the City of Panama City Beach may all be getting served this summer for a trial next year.

Here is the email as provided to me by someone at BAW.

-------- Original Message --------
Subject: Retirement from BAWBP
From: Jimalgie@aol.com
To: Jimalgie@aol.com

My time has come and I am retiring from the Bid-A-Wee Beach Park, Inc.
Board of Directors. I thank all of you for allowing me to serve our
community. The beach became my passion and my cause and for sixteen years you have allowed me to pursue those causes. My wife and I have decided we need to enjoy our retirement and going to the beach, not just working on the beach.

We are blessed to have exceptionally talented people within our community
and a few of those have expressed the willingness and desire to serve. I
wish to give them the opportunity. I have suggested the BOD immediately
nominate a member, living in Bid-A-Wee (area of vacancy), as my replacement
and include them in all communications throughout the transition.

Ron Spencer, who lives in Bid-A-Wee was nominated by a Board member,
seconded and confirmed by a majority of the Board to take my place. The board
may choose to have a special meeting to elect a President or allow the VP to
function in that capacity until immediately following the Annual Meeting
in June giving the new board members the opportunity to vote on a new
President.

My retirement will become effective on completion of a transition period
to complete the following:

- File a change in the "Signature of Record" for the Corporation (Florida
Department of State). Requires filing annual corporate fees with FDOS with
updated names of members of the BOD.
- Receive the authority to sign checks, sign and renew CD's.
- Accept and be responsible for the Corporate Credit Card.
- Accept the key to P. O. Box 9745.
- Receive, maintain and store all Corporate records.
- Appoint a Manager of our Corporate Website (site paid through 2013).
- Provide signature to Coastal Communications for application to Corporate
letters.
- Sign Contract with Waste Pro for BAWBP Member Discount.
- Sign the contract with the City of PCB reserving the Senior Center for
the first Saturday in June's Annual Meeting. I have made the reservation
but have not signed the contract.
- Receive delivery of Corporate Street signs announcing our Annual
Meeting.
- Accept whatever Corporate tools and supplies on hand.

I hope and pray this transition will be used to unify this community in a
very positive manner back to the level we once enjoyed.

We need to give others the opportunity to participate by bringing new bold
and fresh ideas to the organization. Those nominated and elected to the
Board of Directors must be; "Members in Good Standing."

Hopefully the transition period will be completed by the end of February
or mid-March. I will continue to work on the beach and will be available to
respond to any need(s) or advice to the Corporation. Jim

Feb. 7, 2012

Glenn Hess, State Attorney
FOURTEENTH JUDICIAL CIRCUIT
421 Magnolia Avenue
POB 1089
Panama City, Florida 32401

Taxpayers Complaint About Waste of Resources

Dear Mr. Hess:

Recently your office undertook the prosecution of a Randy Martin for 3 supposed Felony charges.

I followed the case from its start using the Bay County media. I also forwarded to Ms. Tracy Smith a 1 1/2 page letter detailing my single contact with the allegedly injured Mr Jimmy Smith. I thought that the input of that single contact might be of interest to your attorney.

I have only encountered Jimmy Smith once in July last year, and I have never met Martin. My opinion of Smith was expressed in my letter to your attorney.

Frankly I was amazed that your office would continue with this matter. It was never a case that should have gone forward and it does your office and your attorney Tracy Smith, no credit. I am appalled that you would waste scarce taxpayer dollars on this matter. I am positive that when your office had time to review the case you had come to the conclusion that it should not proceed, yet you did take it to trial and that smacks of damn poor judgment and you and Ms Smith should be ashamed of yourselves for this totally unnecessary prosecution.

I understand that prior to trial you had offered one misdemeanor in place of the 3 consolidated Felony charges, as someone who is familiar with the criminal justice system this makes it very clear that your office had no faith at all in your case. At this point it should have been dropped.

You sir and your Ms Smith are a grave disappointment to me as a Bay County homeowner and a native Floridian.

Sincerely,


Bill Harris

cc: Smith, Tracy

Update: The case went to the jury at 5:45 p.m. and the jury returned in 45 minutes with a 'Not Guilty' finding. Additional press reports as they become available.

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Man found not guilty in Bid-A-Wee brawl

January 27, 2012 08:40:41 PM

PAT KELLY / News Herald Writer

Twitter: @PCNHpatkelly

 

PANAMA CITY BEACH — It all came down to whom the jury believed Friday in a squabble the defendant said ended with “two old men wrestling around on a vacant lot.”

The wrestling match resulted in Randy Martin, 55, of the Bid-A-Wee community charged with aggravated assault with a deadly weapon after fighting with former friend Jimmy Smith, 66, also of Bid-A-Wee.

After deliberating less than an hour, the jury found Martin not guilty.

During the daylong trial before a jury of four men and four women, including two alternates who did not deliberate, prosecutor Tracy Smith attempted to portray Martin as a man angry enough at Smith stalk him, cuss him and then jump out of his car on the afternoon of July 29, 2011, and beat him with a black billy club.

Defense attorney Steve Meadows painted Martin as a man who was too hobbled with a bad ankle to pounce on anyone, and he said Panama City Beach Police officer John Kelly acted too quickly in arresting the defendant without getting both sides.

Smith took the stand and accused Martin of sitting in his vehicle for 15 minutes before driving up, spitting out a profanity, showing off a gun tucked in his wasteband and then beating him to the ground. Kelly took pictures of Smith’s injuries.

In his own testimony, Martin said Smith flagged him down, asked him to step out of the car and then “sucker-punched me” before the two men began wrestling.
The men, once friends, had drifted apart over the administration of the Bid-A-Wee Homeowners Association, particularly when the association put up gates barring the general public from access to the sand at Bid-A-Wee beach.

Martin admitted to sending out a three-page email to 100 Bid-A-Wee residents 13 months before the altercation. The missive ended with Martin promising Smith that he was “gunning” for him. During Friday’s trail, Martin said he only “meant that the same way I’d say the Tea Party was gunning for President Obama.”

The prosecution did not present any direct witnesses to the fight, but one witness for the defense said Martin appeared happy just prior to the altercation, talking about a new puppy he owned.

“It never occurred to me that something violent was about to happen,” when Smith asked him to step out of his car, Martin said.

Both Smith and Kelly denied Martin was wearing a large “surgical boot” at the time. A doctor testified that the footwear would have made it difficult for Martin to kick Smith, as Smith claimed.

Martin said he was wearing the boot and was scheduled for surgery on his Achilles tendon. When asked how Smith and Kelly could be so mistaken in their testimony, Martin said simply: “They weren’t mistaken, they were both lying.”

Read more: http://www.newsherald.com/articles/city-99987-guilty-panama.html#ixzz1kijjV4Wg

Jury trial set for Friday 1/27

The Smith/Martin Bid A Wee case is now going forward this Friday with a jury trial.

1/23/2012 JURY TRIAL SET FOR 01/27/2012 AT 8:30 AM IN W/ , JDG: FENSOM, JAMES B
 1/20/2012 FILED SEQ: 1 - (784021 1A) AGG ASSAULT WITH DEADLY WEAPON
 1/20/2012 AMENDED INFORMATION FILED
 1/18/2012 SUPPLEMENTAL DISCOVERY RESPONSE
 1/13/2012 DISCOVERY RESPONSE ADDENDUM TO STATE'S RESPONSE TO DEMAND FOR DISCOVERY
 12/7/2011 RECIPROCAL DISCOVERY
 12/1/2011 DFTS RECIPROCAL DISCOVERY RESPONSE

Drop by Bid A Wee

The gate code is:  CX549

Another mailing to legislators, press and BAW residents

Court Date Set For Jury Trial in Jan 2012

Misc 12/6/11:  7 pages of documents are appended at the very end of the blog, in part they deal with the claimed injuries Smith said he had from the 'fight' he and Martin had.

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After a brief court appearance today (11/28) the trial is re scheduled for January 23rd.
It is probably going to be dismissed before any trial. Here is the Court Clerk site entry:

Case Dockets
Date          Entry
1/13/2012 DISCOVERY RESPONSE ADDENDUM TO STATE'S RESPONSE TO DEMAND FOR DISCOVERY
 12/7/2011 RECIPROCAL DISCOVERY
 12/1/2011 DFTS RECIPROCAL DISCOVERY RESPONSE
 11/28/2011 STATE ORAL MOTION TO CONTINUE- GRANTED
 11/28/2011 MINUTE SHEET
 11/28/2011 ACKNOWLEDGMENT FILED
 11/28/2011 JURY TRIAL SET FOR 01/23/2012 AT 8:30 AM IN W/ , JDG: FENSOM, JAMES B
 11/16/2011 DISCOVERY RESPONSE ADDENDUM TO STATE'S RESPONSE TO DEMAND FOR DISCOVERY
 11/8/2011 DISCOVERY RESPONSE ADDENDUM TO STATE'S RESPONSE TO DEMAND FOR  DISCOVERY
 10/13/2011 DEF'S SUPPLEMENTAL DISCOVERY RESPONSE  

Read more: http://bidawee.proboards.com/index.cgi?board=general&action=display&thread=3#ixzz1f9KMsI5B

New Mailing has gone out

This weekend a 500 piece mailing has gone out to BAW residents, City and County elected officials and many media outlets.  Later next week another 250 should also be sent.

Bid-A-Wee Message Board is available

When the Herald and TV stations run articles on the BAW problem the comments sections fill up quickly with various opinions.  As the story grows older fewer comments appear.  Now you can use the below message board to make your comments or reply to others who you may agree with or disagree with. 

Here is the direct link:  http://bidawee.proboards.com/index.cgi?

A new mailing is going out to Bid A Wee Owners, sample below FYI:

Someone mentioned that the gate code is:  CX549    Don't know if this is correct, give it a try.

What's in the water over there?

First gates, now fencing at Bid-A-Wee

October 23, 2011 04:52:51 PM

PAT KELLY / News Herald Writer

Three-feet-wide sections of linked fencing have now been extended from the sides of several gates at Bid-A-Wee Beach in an apparent effort to keep hopeful beach-goers from climbing around.

PANAMA CITY BEACH — First, locked and controversial gates were installed at Bid-A-Wee Beach access points, just in time to keep out the summer crowd. Now, fencing has gone up in a move that opponents say continues to send the wrong message to visitors, this time to returning snowbirds.

Although the fencing does not look like much, and is only on a few gates, some Bid-A-Wee residents are again reacting with dismay.

Phil Phlegar, a homeowner in the Bid-A-Wee neighborhood who was an early opponent of the first gates, said he wasn’t aware of problems with beach visitors climbing around the gates. He sighed recently and bemoaned “the sense of isolation we are moving toward” and wondered where it would all end.  “I think it altogether sends the wrong message,” Phlegar said. “That beach has been open for 50 or 60 years and now, all of sudden, it’s systematically being closed off.”

Another opponent chided the county for abruptly withdrawing from the earlier controversy, insisting the County Commission still owes the general public continued access.Bid-A-Wee homeowner Robert Cox said county taxpayer funds were used for the 1998 beach renourishment project along that stretch of beach, and the county cannot continue to hide their heads in the sand.

“The board of commissioners has an obligation to the public because they paid for it,” Cox said. “It is just not fair to use local public money and limit local public use.”  The six gates, all with combination locks, were first installed in April, causing a public uproar that reached its peak when vandals dismantled four of the gates and tossed them into the nearby surf and sand.

The gates were reinstalled, but Phlegar said 3-feet-wide sections of linked fencing have now been extended from the sides of several gates in an apparent effort to keep hopeful beachgoers from climbing around.

Both Phlegar and Cox said the Bid-A-Wee Beach Park Inc. (BAWBP) also has future plans to build a ramp and parking lot so association members can drive golf carts down into the dunes, a move that they said would disturb the ecosystem more than the extra beach visitors the fences are designed to bar.  When the gates first went up, BAWBP president Jim Smith said they were meant to help keep the beach clean from litter coming from non-BAWBP vacationers and other unwanted county and city visitors. Smith was unavailable for comment about the fencing.

Phlegar said he also continues to worry that the U.S. Army Corps of Engineers may prevent future beach renourishment efforts along that stretch of beach because of the lack of north-south public access, unless of course the county again pays for it.

Cox said Corps assistant district Counsel Joseph Givhan Jr. recently indicated that the Bid-A-Wee Beach section of the 17-mile 1998 federal renourishment project was unique because county funds were used.  Givhan had sent an earlier opinion to the county that commissioners used as a reason to walk away from the controversy, but Givhan was provided insufficient information, Cox said, something that Givhan confirmed in his most recent letter.

“First of all, let me say that had I understood the nature of the issue instead of just being asked my opinion on an easement, I believe I could have provided an answer that would have clarified the situation better for you and everyone else,” Givhan wrote in a recent e-mail to Cox. “Unfortunately, I was asked to provide an opinion on construction of an easement without the overall context and issue.”  Cox said the Corps required public easements along the rest of the 17-mile 1998 project, but the county failed to do the same at Bid-A-Wee.

“The federal government requires public access to any beach that is renourished using public funds,” he wrote in an e-mail. “The county failed to require the same, although public tax dollars were used to fund the project.”

BAWBP attorney Bob Hughes said he was unaware of the current situation at Bid-A-Wee Beach and had not talked to the association members since the earlier controversy.

Read more: http://www.newsherald.com/articles/panama-97846-bid-wee.html#ixzz1bhdWLsEJ

More Security Installed At Bid A Wee

Posted: 4:47 PM Oct 20, 2011

Some of those controversial gates at Bid-a-Wee beach accesses are getting some additions. Workers have installed chain link panels on either side of 3-of the access gates. They are apparently there to keep non-residents from climbing around the gates.

Bid a Wee Beach Park President Jim Smith installed the gates earlier this year, claiming visitors were vandalizing the area and leaving lots of trash.

That set off a battle between Bid-a-Wee and Bay County commissioners over public accesses. But commissioners dropped the issue after the county attorney told the accesses were not public.

Because the public does not have access to Bid-a-Wee, the county is leaving it out of the current beach renourishment project.

From:  http://www.wjhg.com/home/headlines/More_Security_Installed_At_Bid_A_Wee_132272798.html

BAW Owners DO PAY TAXES for their Beach

The Bay County Property Appraiser says that the Bid-A-Wee owners DO pay taxes on the beach, but it is distributed and incorporated among the tax bills of the 600+ owners and does not show as an individual tax.

The BAW owners are simply taxed at a higher amount than that of owners in subdivisions without a dedicated beach.

Sept Letter to States Attorney

Click on for larger image:

Court Date Set For Jury Trial

In the case of the STATE OF FLORIDA vs. MARTIN, RANDY PHILLIP 11002483CFMA a preliminary date for a jury trial before Judge Fensome has been set for 8:30 a.m. on 11/28/2011. It is unlikely to proceed at that time for several reasons, one being that there are 10 trials set for Judge Fensome that day/time and the charges are so dubious that once Prosecutor Tracy Smith reviews the file I doubt the State will proceed.

Prosector Tracey Smith has 8 yrs legal experience, Defense Council Steve Meadows has been in practice 22 years including a term as State Attorney from 2005-2009.

BAW has been compared to a barrel full of monkeys!

People enjoy a good laugh and Bid-A-Wee is a popular site for folks who are looking for some comedy relief! 

Martin: 1 - Smith: 0

The July 29th confrontation between Bid-A-Wee resident Martin and BAW President Smith resulted in 2 court dates for Martin. The first one to come up was the request by Smith for a Domestic Violence 'stay away' order.

This matter was heard on August 11th by Judge Allen Register and was a win for Martin with the case being dismissed after the Smith testimony.  So round one is a win for BAW resident Martin.

A reasonable prediction for the coming trial is that should it even go to trial that Martin will almost surely 'win'.  In a case with no witnesses, just party A and party B with vastly different stories, there really is no way for a judge or jury to enter a finding of guilt 'beyond a reasonable doubt'.  So the first round is over and the 2nd and much more important round two is still to be held. 

But frankly I doubt that it will ever limp into any Bay County court, likely it will drag on with a few continuances and end up dismissed.

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Bid-A-Wee man arrested after association leader injured

August 03, 2011 08:01:00 PM

CHRIS OLWELL / News Herald Writer

PANAMA CITY BEACH — A Bid-A-Wee man with a history of opposition to the neighborhood association was arrested for allegedly beating the association president with a club in his front yard.

Randy Martin, 55, was arrested July 29 about 30 minutes after allegedly beating Jimmy Smith with an 8-inch black club as Smith was mowing his lawn. Both men live in the Bid-A-Wee neighborhood, and Smith is president of the neighborhood association.
Martin is charged with aggravated battery, aggravated assault and battery on a person over 65 years old.

According to police reports, Smith, 66, was emptying grass from his lawn mower when Martin pulled up in front of the yard in his Corvette and made a sexually explicit remark. Smith told Martin to leave.

But Martin got out of his car holding the club and raised his shirt to show he had a pistol holstered on his hip, authorities reported.

“I need to take care of you,” Martin told Smith, according to an arrest affidavit. Investigators charge that Martin then beat Smith with the club and his fist on the face, hand, leg and arm. Smith sustained a fractured thumb and some cuts in the fight.

In May, Martin sent a letter to the editor of The News Herald alleging Smith “abused his authority.” Smith and Martin had been at odds over the placement of gates at Bid-A-Wee beach. Neither Martin nor Smith would comment for this report.

Smith has since filed for a restraining order against Martin, requesting he be prohibited from coming within 500 feet of himself, his wife, whom Martin allegedly also has threatened, or any community meetings. In the application for the order, Smith alleges Martin sent him an email saying he “was gunning for me,” and describes an incident at a June 4 community meeting where Martin stood up in front of 300 people and threatened him.

“It leads me to believe that he has reached his breaking point and will kill me ...” Smith wrote in the application for the restraining order.

Article found at:  http://tinyurl.com/3o378v9
Comment by:  lexxel

8:19 PM on August 3, 2011

"According to police reports" pretty well summarizes the matter. I have read the 6 page report and it is clear that the Police responded first to the Smith residence and took all their information from Smith without speaking to Martin. They saw injury to Smith.

They then went to look for Martin and arrested him at his home. Martin was also injured according to the report. There were no witnesses to the incident.

The police simply took the word of the 1st person they contacted, made up their mind and went to look for the 'perp'. The amount of investigation consisted of seeing some injuries to Smith and accepting exactly what he said as the absolute truth.

If the police had spoken to Martin first and saw his injured wrist they probably would have arrested Smith. As often happens in cases where there are no witnesses the first person to talk to the police gets the best shot at having their story accepted. Martins story is entire different but short of a trial you won't hear it.

Due to the language Smith attributes to Martin I have not reproduced the text of the complaint here as it would be X-Rated and of course there were no witnesses to confirm any of the details in the report, it was simply written by Officer Kelly based on the unsupported information given by Smith.

I do note that Officer Kelly says in part: "As I approached the door Mr. Martin was standing inside the house behind a glass door holding a wash cloth on his right arm."
====================================================

WJHG TV text of aired report:

          BEACH POLICE HAVE ARRESTED A MAN WHO ALLEGEDLY ATTACKED BID-A-WEE ASSOCIATION  PRESIDENT JIM SMITH AT HIS HOME LAST FRIDAY.

55 year old Randy Martin, who also lives in Bidawee, is charged with aggravated battery, battery on a person over the age of 65 and aggravated assult.

Police say Martin confronted Smith with a club and a hand gun, while Smith was mowing his front lawn.

By the time officers arrived, Smith's mouth, arms and legs were reportedly bleeding.  Smith has been at the center of a controversy involving locked gates on the Bid-A-Wee accesses.
         
But Martin says the fight had nothing to do with the gate issue.  He says he and Smith have had problems for the past five years.  He also says Smith's accusations are not true.

Mr. Martin will be arraigned 9/13/11 at 9 a.m. in front of Judge Fensom at the Bay County Courthouse.   Mr. Martin has retained Steve Meadows of Meadows & Kelly Pa, 433 W. Oak Ave, Panama City, Fl 32401.

On 8/11/11 at 9 a.m. Judge Allen L. Register will hold a domestic violence hearing on an application by Smith for a keep away injunction for Martin. 

The 'Gates' Saga Continues - Better than daytime TV!

The gates are being reinforced and the old plastic hinges are now 'STEEL', so the nonsense goes on and PCB continues to get bad press for being 'visitor unfriendly'.  I understand the TDC has concerns about the bad publicity keeping away tourists for the whole County, not just Bid-A-Wee.  Shortly another $8,000 will be spent on replacing the chain link fence and moving it 15' closer to the road than where the existing one is at present.

The new steel hinges are just great and the new construction would be impressive if it weren't for the fact that a $9.99 Sears hacksaw and four cuts will remove the gates.  I guess you could always find some use for the nice steel hinges?  Make nice paperweights.

Did I forget to mention I met BAW Pres. J. Smith?  Yeah, I guess I did forget to mention it.