COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR BAY COUNTY, FLORIDA
RANDY
MARTIN, CASE NO.: 13-
FLA
BAR NO.: 073968
Plaintiff,
v.
CITY
OF PANAMA CITY
BEACH,
FLORIDA, and
JOHN
KELLY, individually,
Defendants.
_________________________________/
COMPLAINT
Plaintiff,
RANDY MARTIN, sues Defendants, CITY OF PANAMA CITY BEACH, FLORIDA and JOHN
KELLY, individually, and alleges:
JURISDICTION
1. This is an action involving the
violation of Plaintiff=s
federal civil rights and contains state causes of action for damages in excess
of $15,000.00, the jurisdictional amount required for venue in this Court.
2.
The Plaintiff=s claims for relief are predicated on
the common law of the State of Florida and upon 42 U.S.C. 1983, which
authorizes actions to redress the deprivation, under color of state law, of
rights, privileges, and immunities secured to the Plaintiff by the Constitution
and laws of the United States, and by 42 U.S.C. 1988 which authorizes the award
of attorney=s fees
and costs to prevailing plaintiffs in actions brought pursuant to 42 U.S.C. 1983.
CONDITIONS
PRECEDENT
3. Written
notices of intent to initiate litigation on Plaintiff’s state law claims
asserted herein, were submitted to the Defendant City of Panama City, Florida
on or about June 4, 2012 pursuant to
768.28(6), Florida Statutes. No
response was received by Plaintiff, therefore they
are
deemed denied by operation of law.
PARTIES
4. Plaintiff, RANDY MARTIN (hereinafter AMartin@),
has been a resident of Bay County, Florida at all times pertinent hereto. The incidents alleged herein occurred in Bay
County and he is sui juris.
5. Defendant, CITY OF PANAMA CITY BEACH,
FLORIDA, (hereinafter ACity”
), at all times pertinent to this action, operated the Panama City Beach Police
Department (hereinafter “PCBPD”) and was organized and existing under the laws
of the State of Florida.
6. Defendant, JOHN KELLY (hereinafter AKelly@),
at all times pertinent hereto was employed by the Defendant as a Police Officer
with the Panama City Beach Police Department (APCBPD@).
He is sued in his individual capacity.
FACTUAL
ALLEGATIONS
7. On July 29, 2011, Plaintiff
was involved in an altercation with Jimmy Algie Smith. Smith and Plaintiff
Martin were having a verbal argument when Smith sucker punched Plaintiff. Plaintiff, in defense of himself, began to
wrestle with Smith for a few minutes. When the altercation was over, Smith, who
started the fight, called the police and claimed that Plaintiff Martin battered
him.
8. Defendant Officer John Kelly arrived at
Plaintiff’s home within ten minutes of Smith’s call. Upon his arrival, Kelly immediately ordered
Plaintiff Martin outside and placed him in handcuffs. Kelly, asked Plaintiff, “Where is your
gun? Plaintiff told Kelly that his gun
was in his house. Plaintiff tried to
explain to Kelly that he was in no shape to assault or batter anyone as he was
scheduled for an Achilles tendon surgery the following week. Plaintiff was wearing a heavy black knee
length air boot prescribed to him by his doctor. Without the boot, he could put no weight on
his right foot and even with the boot he could only put minimal pressure on it.
Plaintiff had to be careful not to further injure the tendon. Defendant Kelly was not interested in
anything Plaintiff Martin had to say.
Plaintiff asked Defendant Kelly for first aid because his arm was
bleeding profusely. Defendant Kelly
responded, “You look fine to me.” Kelly
took pictures of Jimmy Smith but did not take pictures of Plaintiff’s injuries.
Kelly put Plaintiff in the back of the police car without conducting any
investigation whatsoever and never read Plaintiff Martin his Miranda rights
before questioning him.
9. Plaintiff was processed and booked
into the Bay County jail. At that time,
Plaintiff
underwent a medical screening as part of the intake process. The medical screening record showed that
Plaintiff had cuts and abrasions on his right arm, heavy black air boots and
that he was assigned a low bunk due to the boot on his foot.
10. At Plaintiff’s criminal trial, however,
Kelly claimed that Plaintiff was not injured
and
that he was not wearing a boot. This is
a direct contradiction to what is actually documented in the medical screening
report discussed above. In addition to a
complete lack of police professionalism, Kelly intentionally lied while giving
deposition testimony and while on the witness stand at Plaintiff’s criminal
trial.
11. Also
at Plaintiff’s criminal trial, Kelly was asked why he did not obtain statements
from both parties and turn the case over to the investigation division. Kelly said that he didn’t need to do that
because he already knew what happened.
Kelly was also asked if it was normal in the Department to charge people
with crimes for which there was no corroborating evidence. Kelly replied that it was. Upon information and belief, Kelly has
engaged in similar misconduct and has engaged in acts of false arrest before
with impunity.
COUNT
I
FALSE
ARREST/IMPRISONMENT
(Against
John Kelly)
12. Paragraphs
1 through 11 are hereby re-alleged and incorporated herein by reference.
13. This
is an action against Kelly in his individual capacity. This Count is pled in the alternative. For the purpose of this Count alone, Kelly was
acting outside the course and scope of his duties and employment with Defendant
PCBPD.
14.
The Plaintiff is entitled to relief
against Kelly in that he intentionally and unlawfully detained and restrained
Plaintiff against his will; deprived Plaintiff of his liberty without any
reasonable cause or color of authority and maintained such complete restraint
and deprivation for a period of time.
15.
This unlawful restraint of the
Plaintiff=s liberty
was also accomplished by Defendant confining Plaintiff to an area in which the
Plaintiff did not wish to be confined.
16.
Plaintiff was further restrained by Defendant=s use of coercive words and threats of
force as well as actual force and immediate means of coercion against Plaintiff,
so that the Plaintiff was restrained and deprived of liberty. Defendant restrained Plaintiff without any
justification and in the absence of probable cause. Defendant conducted no independent
investigation into whether any criminal conduct had occurred.
17.
At all times material to this
action, and at all times during which Plaintiff was being unlawfully
restrained, the Plaintiff was restrained against his will, and without consent,
so that Plaintiff was not free to leave his place of confinement. Defendant Kelly
acted in bad faith or with malicious purpose or in a manner exhibiting wanton
and willful disregard of human rights or safety.
18. As
a direct and proximate cause of Defendant=s
actions, Plaintiff has been damaged, which damages include: mental anguish,
pain and suffering, bodily injury, loss of capacity for the enjoyment of life,
embarrassment, humiliation, loss of reputation, lost employment opportunities,
lost wages, and the loss of other emoluments.
These damages have occurred at present, in the past and will most likely
occur in the future.
COUNT
II
FALSE
ARREST/IMPRISONMENT
(Against
City of Panama City Beach)
19.
Paragraphs 1 through 11 are hereby
re-alleged and incorporated herein by reference.
20.
This is an action against Defendant
City of Panama City Beach for false imprisonment/false arrest. This Count is
pled in the alternative.
21.
The Plaintiff is entitled to relief
against Defendant PCBPD in that Defendant Kelly, intentionally and unlawfully
detained and restrained Plaintiff against his will, deprived Plaintiff of his
liberty without any reasonable cause, and maintained such complete restraint
and deprivation for a period of time.
The actions by the employee and agent of Defendant were committed within
the course and scope of his employment with Defendant.
22. This
unlawful restraint of the Plaintiff=s
liberty was also accomplished by Defendant confining Plaintiff to an area in
which the Plaintiff did not wish to be confined and by compelling the Plaintiff
to go where he did not wish to go.
23.
Plaintiff was further restrained by
Defendant, through its agent and employee’s use of coercive words, threats of
force as well as actual force, and immediate means of coercion against
Plaintiff so that the Plaintiff was restrained and deprived of liberty. Defendant restrained Plaintiff without any justification
and in the absence of probable cause.
Defendant conducted no independent investigation into whether any
criminal conduct had occurred.
24.
At all times material to this
action, and at all times during which the Plaintiff was being unlawfully
restrained, the Plaintiff was restrained against his will, and without consent,
so that the Plaintiff was not free to leave his place of confinement.
25. As
a direct and proximate cause of Defendant=s
actions, Plaintiff has been damaged, which damages include: mental anguish,
pain and suffering, bodily injury, loss of capacity for the enjoyment of life,
embarrassment, humiliation, loss of reputation, lost employment opportunities,
lost wages, and the loss of other emoluments.
These damages have occurred at present, in the past and will most likely
occur in the future.
COUNT
III
FOURTH
AMENDMENT VIOLATION - FALSE ARREST
(Against
John Kelly)
26.
Plaintiff re-alleges paragraphs 1
through 11 above and incorporates those allegations in this Count. This Count is pled in the alternative.
27.
The Defendant operated to violate
Plaintiff’s rights under the Fourth Amendment to the United States
Constitution. These violations were of
the type and character as to which any reasonable person would be aware.
28.
Defendant further operated to
violate Plaintiff s civil rights as protected by The Civil Rights Act, 42
U.S.C. 1983. This Count is pled in the alternative and for
the purposes of this count alone, the individually named Defendant was acting
outside the course and scope of his employment with Defendant PCBPD.
29.
Defendant is a person under
applicable law.
30. Defendant Kelly acted in bad
faith, with malicious purpose and in a manner exhibiting wanton and willful
disregard of human rights, safety, and property.
31.
Defendant Kelly misused his power,
possessed by virtue of state law and made possible only because he was clothed
with the authority of state law. The violation of Plaintiff’s rights, as
described above, occurred under color of state law and is actionable under 42
U.S.C. 1983.
32. The foregoing actions of Defendant
was willful, wanton and in reckless
disregard
of Plaintiff s rights, and were taken without any lawful justification and/or
in the absence of probable cause.
Defendant knew or should have known that there was no probable cause to
arrest Plaintiff given the circumstances present and the clearly established
law on the proof needed to establish probable cause.
33. Based upon the facts presented to
Defendant and the applicable law, no
reasonable
law enforcement officer could have concluded that there existed any probable
cause to arrest Plaintiff. The law was
well settled and clearly established that the actions of this Defendant
constituted false arrest under the Fourth Amendment to the United States
Constitution at the time the actions by these Defendants were committed.
34. The actions or inactions of this
Defendant as set forth in part above constituted a deliberate indifference or
reckless disregard for the safety of Plaintiff when he knew of and disregarded
a risk to Plaintiff s health and safety.
COUNT
IV
FOURTH
AMENDMENT VIOLATION - FALSE ARREST
(Against
City of Panama City Beach)
35. Plaintiff
re-alleges paragraphs 1 through 10 above and incorporates those allegations in
this Count. This Count is pled in the
alternative.
36. Defendant Kelly, an agent of the Defendant
PCBPD, operated to violate Plaintiff’s
rights under the Fourth Amendment to the United States
Constitution. These violations were of
the type and character as to which any reasonable person would be aware.
37. The Defendant Kelly misused his power, possessed
by virtue of state law and made possible only because he was clothed with the
authority of state law. The violation of Plaintiff’s rights, as described
above, occurred under color of state law and is actionable under 42 U.S.C. 1983.
38. The foregoing actions of Defendant
was willful, wanton and in reckless
disregard of Plaintiff’s rights,
and were taken without any lawful justification and/or in the absence of
probable cause. Defendant knew or should
have known that there was no probable cause to arrest Plaintiff given the
circumstances present and the clearly established law on the proof needed to
establish probable cause.
39. Based upon the facts presented to
Defendant and the applicable law, no reasonable law enforcement officer could
have concluded that there existed any probable cause to arrest Plaintiff. The law was well settled and clearly established
that the actions of Defendant Kelly constituted false arrest under the Fourth
Amendment to the United States Constitution at the time the actions by these
Defendants were committed.
40. The
actions or inactions of Defendant Kelly as set forth in part above constituted
a deliberate indifference or reckless disregard for the safety of Plaintiff when
he knew of and disregarded a risk to Plaintiff s health and safety.
41. PCBPD
acted with deliberate indifference in the failure to implement adequate hiring
and supervisory procedures to properly identify suspects of crimes, to identify
deputies who falsified facts to support probable cause to arrest a person like
Plaintiff, and to prevent deputies from falsifying facts to support probable
cause affidavits, the direct result of which Plaintiff was falsely arrested and
imprisoned.
42. The
Chief of Police for PCBPD is an official with final policy-making authority for
PCBPD. He is responsible for hiring and
supervising the law enforcement officers who work under him and, when
necessary, for investigating alleged wrongdoing by his employees and
disciplining those employees. At all
times referred to herein, the Chief acted under color of state law and failed
to train, supervise, investigate and discipline the individual Defendants as
alleged herein. The Chief=s failure to, supervise, investigate
and discipline the individual Defendant constitutes either an improper policy
or the absence of a policy of the Defendant PCBPD which resulted in the
deliberate indifference to the constitutional rights of the Plaintiff. The
Chief also, after notice of the constitutional violations alleged herein,
officially sanctioned these actions and refused to properly discipline
Defendant Kelly named herein which established a policy, by a final
policy-maker, that directly or indirectly resulted in the violation of
Plaintiff=s
constitutional rights.
43. As a direct and proximate cause of
Defendant=s
actions, Plaintiff has been
damaged,
which damages include: grave mental anguish, pain and suffering, loss of
capacity for the enjoyment of life, embarrassment, humiliation, bodily injury,
loss of reputation, lost employment opportunities, lost wages, and the loss of
other emoluments. These damages have
occurred at present, in the past and will most likely occur in the future.
44. Plaintiff has been forced to retain
counsel to represent him to vindicate his
rights.
Pursuant to the provisions of 42 U.S.C.
1988, Plaintiff is entitled to an award of
reasonable attorney’s fees and
costs.
COUNT
V
MALICIOUS
PROSECUTION
(Against
John Kelly)
45. Paragraphs 1through 11 are incorporated
herein by reference.
46. This is an action against Defendant John
Kelly for malicious prosecution.
47. Defendant Kelly caused the commencement
or continuation of a
criminal proceeding against Plaintiff; the
criminal proceedings had a bona fide termination in
Plaintiff=s favor in that Plaintiff was found not
guilty of all charges by a jury of his peers at the conclusion of a criminal
trial.
48.
There was no probable cause or
reasonable basis in fact or in law for causing the
commencement
and the continuation of the criminal proceedings and Defendant acted with
malice. Plaintiff suffered damage as a
result of Defendant=s
actions.
49. As a direct and proximate result of the
actions taken by Defendants, Plaintiff has
suffered
injury, including but not limited to loss of benefits, and other tangible and
intangible
damages. These damages have occurred in the past, are
occurring at present and will occur in the
future.
COUNT VI
NEGLIGENT RETNTION/SUPERVISION
50. Plaintiff
re-alleges paragraphs 1 through 11 above and incorporates those allegations in
this Count. This Count is pled in the
alternative.
51. This
is an action against Defendant City for negligent retention and supervision.
52. Defendant
breached its duty to independently investigate Defendant Kelly’s
fitness
for employment as a law enforcement officer.
Had they conducted independent investigations into the many acts of
misconduct subsequent to his hiring, the Defendant City would have known that Defendant
Kelly, upon information and belief, had committed similar acts of misconduct
and dishonesty in the past while employed with the Panama City Beach Police
Department.
53. Defendant
City had a legal duty and responsibility to learn the pertinent facts
concerning
Defendant Kelly’s character and fitness for duty. A cursory investigation would have revealed
his checkered employment record. The Defendant City would have known that he
engaged in acts of misconduct and dishonesty in the past and obtaining the
necessary information would not have created an undue hardship on the Defendant
City.
54. Defendant City breached its duty to hire
employees who were fit for the duties they performed and to supervise and train
its employees and agents.
55. While
employed within the Defendant City, Defendant Kelly committed several acts of
misconduct which served as indicia to the Defendant City that Kelly was unfit
to remain employed. Yet the Defendant
City failed to investigate, reassign, discharge or take any action against
Kelly.
56. Defendant
City also breached its duty ensure Defendant Kelly was properly trained
to identify
suspects like Plaintiff before depriving him of his liberty through arrest. The
breach of this duty to properly supervise resulted in damages and injury to
Plaintiff. Defendant City knew or should
have known that the actions, omissions, and derelictions of its agent and
employee could cause injury to Plaintiff.
This knowledge was particularly apparent given Defendant Kelly’s history
of misconduct and false arrests, as described, in part, above.
57. As
a direct and proximate result of the above unlawful acts and omissions,
Plaintiff sustained economic damages, including lost income, grave and serious
bodily injury and disfigurement, emotional pain, anguish, humiliation, insult,
indignity, loss of self-esteem, inconvenience and hurt, medical care and
expense, because of Defendant’s actions, and is therefore entitled to
compensatory damages pursuant to the above provisions.
PRAYER
FOR RELIEF
WHEREFORE,
Plaintiff prays for the following relief:
(a)
That process issue and this Court
take jurisdiction over this case;
(b)
Judgment against the Defendants and
for the Plaintiff awarding damages against Defendants and punitive damages against
Wilson for the violations of law enumerated herein;
(c) Prejudgment interest on monetary recovery
obtained pursuant to law; and
(d)
Such further relief as is equitable
and just.
DEMAND
FOR TRIAL BY JURY
Plaintiff
hereby demands a trial by jury on all issues set forth herein which are so
triable.
DATED
this _____ day of September 2013.
Respectfully
submitted,
_____________________________
Marie
A. Mattox [FBN 0739685]
MARIE
A. MATTOX, P.A.
310
East Bradford Road
Tallahassee,
FL 32303
Telephone:
(850) 383-4800
Facsimile: (850) 383-4801
ATTORNEYS
FOR PLAINTIFF
---------------------------------------------------------------
9/23/12
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
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 27th 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 6th 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'
==================================================================
Martin 'Not Guilty' Verdict Form
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
====================================================================
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
========================================================================
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
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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
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
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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
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Drop by Bid A Wee
The gate code is: CX549
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Another mailing to legislators, press and BAW residents
9/29/13
A civil action for damages was filed Sept 18th, 2013 in Bay County Court, against the City of Panama City Beach and former PCPB Officer John Kelly who was the arresting PCBPD Officer.
A civil action for damages was filed Sept 18th, 2013 in Bay County Court, against the City of Panama City Beach and former PCPB Officer John Kelly who was the arresting PCBPD Officer.
