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.
July 23, 2012
Tallahassee, FL 32303-15-81
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.
Panama City Beach FL 32413
Bar Complaint about Attorney Tracy Smiths Conduct
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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
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June 18, 2012
Mr. Gregory T. Wilson
Chief Assistant State Attorney
P.O. Box 1040
Panama City, Florida 332402-1040
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.
411 Argonaut Street
Panama City Beach FL 362413
CC: Glen Hess, State Attorney 14th Judicial Circuit State of Florida
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
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
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
- 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
- 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.
Feb. 7, 2012
Glenn Hess, State Attorney
FOURTEENTH JUDICIAL CIRCUIT
421 Magnolia Avenue
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.
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.
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