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  • 1
    Apr
    2013
    1:36am, EDT

    Police: DUI suspect drove 127 mph with three small children in car

    By Brian Hamacher, NBCMiami.com

    A Homestead, Fla., man is facing DUI and reckless driving charges after authorities said he was clocked driving 127 mph with three small children in his car Saturday night in the Florida Keys.


    Follow @NBCNewsUS

    Robert Rioseco, 46, is facing three counts of DUI with someone under 18 in the car, three counts of cruelty toward a child, one count of reckless driving and refusing to submit to a DUI test, the Monroe County Sheriff's Office said.

    Rioseco's maroon Mitsubishi was first spotted by a deputy driving 87 mph in a 55 mph zone near Mile Marker 7 of the Overseas Highway around 11 p.m., the MCSO said.


    Cops: Man stabs mother, aunt and uncle in Plantation Key

    The car reached 127 mph as the deputy radioed ahead for deputies south of him to keep an eye out for it. The vehicle was finally stopped at the 5.5 Mile Marker on Stock Island, authorities said.

    When Rioseco got out of the car, he seemed impaired, smelled of alcohol and his behavior was "extremely erratic," the MCSO said. He was calm at times and at other times became agitated.

    Rioseco was arrested and taken to jail. Once he got there, he appeared to have trouble walking and loudly refused to participate in sobriety exercises, swearing at the officers, the MCSO said.

    Rioseco was being held without bond Sunday and it was unknown whether he has an attorney. The children were turned over to their mother, the MCSO said.

    243 comments

    Bullet to the head. :)

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  • 29
    Mar
    2013
    3:55pm, EDT

    Video of Florida girls fighting goes viral, outrages parents

    By Andrew Mach, Staff Writer, NBC News

    A video of a fight between two young girls in Tampa, Fla., has outraged parents and law enforcement officials.


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    Viewed thousands of times since it was posted to Facebook, the video shows a 7-year-old girl knocking a 6-year-old girl off an air conditioning unit, and then beating her on the ground, while being encouraged by her older sister. The date the video was taken is unclear.

    Authorities got involved after a woman in Georgia saw the video online and alerted police, NBC affiliate WFLA in Tampa reported.


    “I think anybody that would see this would be shocked,” Tampa Police Major Brian Dugan told WFLA. “The behavior of the 7-year-old and the 14-year-old to encourage this, and it’s wrong.”

    The two girls are friends, WFLA reported, and they regularly spend the night at each other’s homes, which is why the father of the 7-year-old says he was stunned and angered by the video.  

    “I couldn’t watch no more, especially when I heard the child say leave me alone, stop, stop, stop,” the father told WFLA, adding that he immediately punished his 7-year-old daughter and is still upset at his 14-year-old daughter. “I am disappointed in her. She made a mistake. I can't hold it against her ... but to me she made a big mistake to the point I am still mad at her."

    The 6-year-old’s mother told the station she didn’t plan to press charges, but the state attorney’s office has taken over the case. The teenage girl does not have a criminal past, and police say she may go through a counseling program as a result of the incident, WFLA reported. 

    The father of the girls said he hope hopes his daughters learned a lesson.

    "That won't happen again, you can believe that, you can believe that won't happen again, and I apologize to the parent. It just happens it is a messed up situation,” he told WFLA. 

    Meanwhile, Tampa police say they don't know who posted the video to Facebook but are trying to figure out how to stop people from viewing the it online, WFLA reported. 

    “We have reached out to Facebook and asked them to remove the video,” Dugan said.

    60 comments

    at least it sounds like the parents give a sh.t.

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    Explore related topics: crime, police, florida, fight, tampa, viral-video
  • 27
    Mar
    2013
    3:43pm, EDT

    Ex-chairman of Republican Party of Florida gets 1.5 years in prison for stealing

    John Raoux / AP

    Former Florida GOP chairman Jim Greer, center, arrives at the Orange County Courthouse, with his wife Lisa, left, and attorney Damon Chase, right, for a sentencing hearing, Wednesday, March 27, in Orlando, Fla.

    By Mike Schneider, The Associated Press

    ORLANDO, Fla. — The former chairman of the Republican Party of Florida was sentenced Wednesday to one-and-a-half years for stealing $125,000 in party funds, completing the fall of a man who once was one of the most powerful political figures in the state.

    Jim Greer was sentenced in Orlando, more than a month after he pleaded guilty to four counts of theft and a single county of money laundering. The guilty pleas ended Greer's trial before it even started.

    Circuit Judge Marc Lubet handed down a sentence that was less severe than the three-and-a-half years in prison requested by prosecutors. Lubet explained that he went with a more lenient sentence because Greer had agreed to pay restitution.


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    The trial had threatened to expose the underbelly of Florida's dominant political party and its formerly high-spending ways. Some of Florida's most powerful politicians were scheduled as witnesses, including former Gov. Charlie Crist, former U.S. Sen. George LeMieux, former Florida Attorney General Bill McCollum and several state House and state Senate leaders.

    Topics covered in pretrial depositions included allegations of prostitutes at a state GOP fundraiser in the Bahamas, the drinking habits of Crist and intraparty strife.

    Prosecutors said Greer funneled almost $200,000 to a company he had formed with his right-hand man, Delmar Johnson. He kept $125,000 of the money funneled to Victory Strategies for himself.

    Johnson had been scheduled to be prosecutors' star witness and was granted immunity in exchange for his testimony.

    Greer was vice mayor of the small central Florida town of Oviedo when Crist surprisingly picked him to be the state party chairman after he led local efforts to help Crist get elected governor in 2006. He previously was the president and CEO of a company that provides training to the hospitality industry on how to comply with alcohol laws.

    The plea arrangement was reached at the last minute. Jury selection was set to begin early last month, but neither Greer nor prosecutors had appeared in the courtroom an hour after the trial was supposed to start.

    Until he entered his guilty pleas, Greer had contended that party leaders, including Crist, knew about the financial arrangement that gave Greer's company a cut of party money in exchange for fundraising efforts. Greer had said he was targeted because of his support for Crist, who later defected from the GOP to run as an independent for U.S. Senate but lost to Rubio.

    Crist denied ever knowing about the arrangement.

    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    123 comments

    He has fallen on his sword to protect the other rats. Keep voting Republican people, you deserve what you get. After jail he will be rewarded with a lobbyist job for the GOP.

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  • 27
    Mar
    2013
    12:16pm, EDT

    Skydive instructor 'died a hero' trying to help student during fatal fall

    Footage from a helmet camera worn by a skydiving instructor during his fatal jump in Florida showed that he was trying to help another man just before they both died, officials say.

    Orvar Arnarson's camera showed him trying to pull the cord on Andrimar Pordarson's parachute, Pasco County Detective William Lindsey said during a Tuesday news conference. It wasn't clear why the student couldn't pull the cord himself.

    "He was a hero," Lindsey said of Arnarson. "He died a hero."

    Arnarson, 41, and Pordarson, 25, jumped separately, not in tandem, on Saturday after successfully completing two jumps earlier that day with 20 other people. The two Icelandic skydivers did not return from their third jump, triggering an hours-long air and ground search around the Zephyrhills facility, about 30 miles northeast of Tampa. The bodies were discovered later that evening in the woods.

    The cause of death was blunt force trauma, the medical examiner's office said. Autopsy results were pending, but a preliminary investigation determined that the deaths were accidental.

    The men didn't deploy their main parachutes, which could mean that they lost altitude awareness and didn't know where they were during the jump, Skydive City co-owner T.K. Hayes has told The Associated Press. Both victims had backup automatic activation devices, but they didn't have time to fully inflate.

    Out of just over 3 million jumps, 19 skydivers died last year across the U.S., according to the United States Parachute Association. Experts said it is "very rare" for two jumpers to die in the same accident.

    The victims were part of a skydiving group from Iceland who travel to Florida annually.

    The sheriff's office said it will not be releasing the video of the skydivers' last moments. The agency cited a state law that keeps recordings that depict people dying from being released. 

    By The Associated Press
    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    97 comments

    Being a licensed skydiver, I find some aspects of this article troubling. I've used an AAD and I have never heard of one not having enough time to inflate providing it was calibrated properly. I've jumped at Z-hills and honestly there is no altitude difference between the airport and the surrounding …

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  • Updated
    27
    Mar
    2013
    1:30pm, EDT

    Woman sits out office Powerball pool — and coworkers win

    Taimy Alvarez / South Florida Sun Sentinel

    A group of workers at Keller Willams Partners Realty in Plantation, Fla., are won $1 million Saturday night in the Powerball drawing.

    By Erin McClam, Staff Writer, NBC News

    It’s a lottery nightmare: You decide not to kick in for the office Powerball pool — and your coworkers strike it rich.


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    It happened at a real estate agency in Florida. Jennifer Maldonado, who started working at the firm two weeks ago and had yet to receive a paycheck, opted out of the $20 buy-in because she was watching her money. She showed up for work Sunday to find the rest of the office screaming, hugging and crying.

    They had won $1 million — about $83,000 apiece before taxes.

    “I knew I was the only one who hadn’t put in the money, so I thought they were pranking me and going out of their way to make me feel something,” Maldonado told The Miami Herald. “My boss sat down and said this was real.”

    But the 12 coworkers at Keller Williams Partner Realty in Plantation who won are giving her a break. They won’t say how much, but they have decided to cut Maldonado, an administrative assistant, in on the winnings.

    “As a team we put together a fat pile of money,” Laurie Finkelstein Reader, head of the office real estate agents, told the Herald. “If we do the right thing and always care about other people, the right thing will happen to us.”

    The office pool bought 120 tickets. They didn’t win the $338 million grand prize — that went to a convenience store owner in New Jersey — but they did match five numbers: 17, 29, 31, 52 and 53. It takes five plus the Powerball to hit the jackpot.

    They almost didn’t win at all. Finkelstein Reader bought the tickets at a 7-Eleven in Pembroke Pines, and the clerk, who spoke only Spanish, thought she wanted $120 worth of tickets, 60 at $2 a pop, instead of 120 tickets.

    As Finkelstein Reader explained the misunderstanding, an angry line formed behind her. One man skipped to another line and bought a bunch of tickets. Finally, Finkelstein got her second batch of 60 tickets.

    The winning ticket was in that second batch.

    The group, which held one of 13 tickets nationwide to win $1 million, will pick up its winnings Wednesday. And next time they get together to enter the lottery, Maldonado says she’s in.

    “I didn’t realize how lucky they are,” she said.

    Pedro Quedaza, an immigrant who came to New Jersey 26 years ago, accepted his $338 million Powerball jackpot Tuesday, saying he'll use the money to care for his family. NBC's Brian Williams reports.

    This story was originally published on Wed Mar 27, 2013 9:35 AM EDT

    248 comments

    That's actually very nice of the office to give her a cut of the pool though she declined to share initially. Being a new employee and watching her money are good reasons to not participate and she doesn't deserve to be punished for that.

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  • 24
    Mar
    2013
    1:25pm, EDT

    New sinkhole in same Fla. town where man was killed

    Hillsborough County Sheriff's Office

    A new sinkhole has been found in Seffner between two houses.

    By Brian Hamacher, NBCMiami.com

    Just weeks after a sinkhole swallowed a Florida man, killing him in his sleep in his Seffner home, another sinkhole has opened between two houses in the same town.

    The latest sinkhole appeared in the 1400 block of Lake Shore Ranch Drive around 7 p.m. Saturday. It's estimated to be about 8 feet in diameter and 10 feet deep, according to WFLA.

    Both homes on either side of the hole were evacuated as a precaution.

    Seffner is the town where 37-year-old Jeff Bush was swallowed by a sinkhole that completely demolished his bedroom three weeks ago. Five others who were in the house escaped unharmed.

    That sinkhole was estimated to be 20 feet wide and 20 feet deep. The house was later demolished.

    125 comments

    Florida, do you all there get that sinking feeling that someoneis trying to tell you something?

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  • 23
    Mar
    2013
    10:11pm, EDT

    Skydive instructor and student plummet to their deaths in Florida

    ZEPHYRHILLS, Fla. -- Authorities say a skydive instructor and a student who jumped separately have died in Florida.


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    The skydivers, both men, were part of a jump Saturday in Zephyrhills, about 30 miles northeast of Tampa. Authorities say the plane took off about 10:30 a.m. and 22 people jumped. When only 20 returned, authorities started searching for the missing men.

    The bodies were located about 7:30 p.m. in a wooded area south of the Zephyrhills Municipal Airport. They were found near each other.


    Pasco County sheriff's spokeswoman Melanie Snow would not comment on whether their parachutes had opened, saying that was part of the investigation.

    The skydivers were part of a jump through Skydive City in Zephyrhills.

    Snow says authorities will release the names after next of kin are notified. 

    -- The Associated Press

    97 comments

    Bill, what are you, 9 yrs old? Get a modicum of a clue about what is appropriate and where, and maybe you will get a life. Until that time, Shut. It.

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  • 21
    Mar
    2013
    3:27pm, EDT

    Mail on fire after Postal Service 18-wheeler crashes along Florida interstate

    Florida Highway Patrol

    Smoke rises from the burnt-out remains of a U.S. Postal Service tractor-trailer carrying mail in Florida March 21.

    By Andrew Mach, Staff Writer, NBC News

    Florida Highway Patrol troopers were investigating the scene of a grisly accident along Interstate 75 in Pasco County, Fla., Thursday, after a dump truck crashed into a U.S. Postal Service tractor-trailer that caught fire after crashing into the road's median guardrail.

    The drivers were able to get out of both trucks before each became engulfed in flames, but much of the mail was damaged or destroyed by fire, the Florida Highway Patrol said.

    Members of the U.S. Postal Service were on scene to recover what they could Thursday morning.

    The tractor-trailer was traveling south along I-75 in the outside lane when it hit a crash attenuator and partially jack-knifed at around 6:30 a.m., Florida Highway Patrol Sgt. Steve Gaskins said. Unable to stop in time, the dump truck following behind rear-ended the trailer.

    Florida Highway Patrol

    Damaged and destroyed mail is seen among the wreckage of the fiery crash along Interstate 75.

    No injuries were reported, but both drivers were transported to area hospitals for observation. 

    Mark Alan Berrier, 55, the driver of the mail truck, was transported to University Community Hospital in Tampa.

    Manuel Francisco Rodriguez Rivera, 42, the driver of the dump truck operated by R&D Hauling of Land O'Lakes, Fl., was transported to Florida Hospital Wesley Chapel, Gaskins said. 

    Gaskins said repair crews have determined the damage to the roadway would require the southbound lanes of I-75 to remain closed until 6 p.m. EST Thursday, while the roadway asphalt is replaced.

    43 comments

    I don't think that burning mail could be called a "grizzly" accident. I don't think the writer understands the meaning of grizzly.

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  • Updated
    21
    Mar
    2013
    2:05pm, EDT

    Teen torched by classmates in 2009 busted on drug charges

    Michael Brewer was booked into jail in West Palm Beach, Fla., on March 21. Brewer, 18, is charged with possession of cocaine, marijuana and a controlled substance without a prescription.

    By Tracy Connor, Staff Writer, NBC News

    A Florida teen who survived a horrific torching by three classmates after an argument over money was arrested early Wednesday on drug charges.

    Michael Brewer, 18, was arrested during a traffic stop in West Palm Beach after police found pot, crack cocaine, prescription pills, 14 glass pipes, a two-foot-tall bong and other paraphernalia in the white van.

    After a judge ordered him released on his own recognizance, Brewer's court-appointed lawyer said the charges -- a mix of felonies and misdemeanors -- were "not that serious," NBC's Palm Beach affiliate WPTV reported.

    In 2009, Brewer was critically injured when three other teens doused him in rubbing alcohol and threw a lit match on him. He jumped into a pool to put out the flames, but was burned over 60 percent of his body and spent months in the hospital.

    “I just remember a cold liquid going down my back and then I started walking and then I started feeling burning. And then I started running,” Brewer testified at the trial of one of the teens.

    "I felt like I was going to die."


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    He originally told police the assailants were upset after an argument over a $40 video game but admitted on the stand that was a lie. The dispute was actually over drug paraphernalia one boy wanted to sell the victim.

    One of the suspects, Denver Jarvis, was sentenced to eight years in prison and 22 years probation, though the probation was reduced to 10 years this week.

    Jesus Mendez was sentenced to 11 years in prison. Matthew Bent, the alleged ringleader, was sentenced to 11 years in prison.

    Mike Brewer Jr. speaks with TODAY's Meredith Vieira about visiting classmate Josie Ratley, a recent text-rage beating victim, and says that his school is "terrible" and that he doesn't even know why he went there.

    This story was originally published on Thu Mar 21, 2013 1:17 PM EDT

    129 comments

    It shouldn't supprise anyone that someone who got attacked over a drug dispute is still using drugs. I kinda wish I hadn't bothered to read this storry.

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  • 21
    Mar
    2013
    12:27pm, EDT

    School bus surveillance video appears to show driver booting autistic girl onto ground

    A video camera captures a school bus driver literally kicking a special needs child off the bus, resulting in a broken ankle. WFLA's Josh Thomas reports.

    By Elizabeth Chuck, Staff Writer, NBC News

    A Florida school district has released video that appears to show a bus driver kicking an autistic student down the stairs.

    In the video released Wednesday by Hillsborough County schools, bus driver Stephanie Wilkerson, 42, stands behind an 8-year-old girl as she hesitates on the stairs. According to the sheriff's office, the student slaps Wilkerson, who then appears to use her foot to kick the girl in the back, causing her to fly down the stairs and onto the ground.

    Wilkerson was fired after the Sept. 28, 2012, incident, which Tampa police say resulted in a broken ankle for the young girl, reported NBC affiliate WFLA.com. Wilkerson now faces aggravated child abuse charges, the station said.

    "If a bus driver or teacher or anyone makes contact with a student that results in injury, we take that very, very seriously," Steve Hagerty, spokesman for Hillsborough County school district, told WFLA.com. "You are the adult. You have to show restraint. You are held to a very high standard. Pushing a student where they fall of the bus and injure themselves -- it is obviously beyond anything they are allowed to do."

    Wilkerson has not spoken to any media outlets. WFLA.com attempted to reach her for comment, but was unable to. It's unclear whether or not she is represented by an attorney.


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    The girl's parents are suing the Hillsborough County school district, which has seen two special needs students die since the September bus incident, according to local media.

    In October, 10-year-old Jenny Caballero, who had Down Syndrome, drowned in a nearby pond after wandering from her middle school gym class. In November, Isabella Herrera, a 7-year-old who was confined to a wheelchair because of a neuromuscular disorder, stopped breathing on her bus ride to school. An aide noticed during the ride that Isabella was in distress, but neither the aide nor the driver stopped the ride to call 911, Isabella's parents say.

    The school district has created a task force to make sure children with special needs receive the proper treatment they need at school and en route to school since firing Wilkerson, Hagerty said.

    216 comments

    Bitch.

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  • 21
    Mar
    2013
    6:36am, EDT

    20-foot orange military drone found floating in Florida Keys

    View more videos at: http://nbcmiami.com.


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    An orange, 20-foot military drone that was found in Florida’s Upper Keys over the weekend had been shot down during a training mission in January, the U.S. Air Force said Wednesday.

    Boaters discovered the drone floating in the water about a mile from the Port Largo Canal.

    It was shot down at the end of January, said, Lt. Col. Lance “Blade” Wilkins, the 82nd Aerial Targets Squadron commander at Tyndall Air Force Base in Pensacola, in an email to NBC 6.

    The object was reported missing after it went undiscovered for three days.

    The Air Force retrieved it after it was spotted in the Keys over the weekend.

    Read more stories from NBCMiami.com

    There have been over 600 launches of the BQM-167 drones since 2007, according to Wilkins.

    Only 16 of the targets have been “lost,” and nine of those were later recovered, he said.

    Retrieving the targets has two purposes, he said.

    “It is in the best interest of the USAF to recover these drones rapidly so that we can reuse them and maximize return on investment,” Wilkins said.

    “Additionally, it is our intent to remove these from the water as quickly as possible in order to ensure the safety of the Gulf and its mariners,” which include dozens of 82d members, he added.

    NBCMiami.com

    250 comments

    Why did they shoot it down? How many millions did it cost us for that.

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  • 18
    Mar
    2013
    5:40am, EDT

    A 'nobody's' legacy: How a semi-literate ex-con changed the legal system

    By M. Alex Johnson and Vidya Rao, NBC News

    Florida State Archives

    Clarence Earl Gideon was 50 when he was convicted of burglary in 1961.

    If you've heard of Clarence Earl Gideon at all, it's probably because of a movie you had to watch in school. He deserves better, though, because 50 years ago Monday he fundamentally changed the American legal system and your rights if you are accused of a state crime.

    In Gideon v. Wainwright, a unanimous Supreme Court declared on March 18, 1963, that the states were required to provide legal counsel for defendants in felony cases who could not afford an attorney. In doing so, it accepted the reasoning of a poorly educated Florida gambler and ex-con who wrote out his habeas corpus petition to the court by hand.

    Federal courts had been required to provide counsel for indigent defendants in felony cases since 1938. But over the next 25 years, the Supreme Court let several opportunities pass by to impose the same rule on state courts, which had discretion to develop their own ways to ensure a fair trial in cases that didn't involve the death penalty.


    "If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court, and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of American law would have gone on functioning undisturbed," Robert Kennedy, then the U.S. attorney general, said in an address in Boston later that year (.pdf).

    "But Gideon did write that letter," he said. "The court did look into his case. He was retried with the help of competent defense counsel, found not guilty and released from prison after two years of punishment for a crime he did not commit. And the whole course of legal history has been changed. I know of few better examples than that of a democratic principle in action."

    Today, indigent defendants are legally guaranteed representation across the U.S. But in the 50 years since the decision, the quality of their representation has been called into doubt. In a new book timed to mark the anniversary, "Chasing Gideon," author Karen Houppert argues that "we have not delivered on the promise of Gideon."

    "These public defenders I talked to were looking at 200 felony cases or 225 misdemeanor cases for a single attorney," Houppert, a former staff writer for The Village Voice and media fellow at the Kaiser Family Foundation, said.

    "As a result, they're forced to persuade people to plead guilty without investigating what actually happened, without talking to a single witness in the case," she said. "There are thousands of people languishing in jail without a lawyer — and thanks to budget constraints, people aren't really getting their day in court with a lawyer standing there defending them."

    A court looking for an opening
    Clarence Earl Gideon, 50, was arrested June 3, 1961, after about $5 in change and some beer and soda were stolen from a pool room in Panama City, Fla. Representing himself because the trial judge rejected his request for a court-appointed lawyer, Gideon was convicted Aug. 4, 1961, of breaking and entering with intent to commit petty larceny. He was sentenced to five years in prison.

    Read Clarence Earl Gideon's handwritten habeas corpus petition to the Supreme Court.

    While in prison, Gideon read up on the law, and he became convinced that the federal requirement to provide counsel had to apply to the states through the 14th Amendment, which courts have long held extended the Bill of Rights to the states.

    Hitting a roadblock when he sought help first from the FBI and then from the Florida Supreme Court, Gideon — probably with the assistance of his cellmate, Joseph Peel, a lawyer who had been convicted of killing a judge's wife —  mailed a handwritten five-page petition in January 1962 to the U.S. Supreme Court, which agreed to hear his appeal.

    (The case has gone down in memory as Gideon v. Wainwright, thanks to the book "Gideon's Trumpet" by Anthony Lewis and the 1980 TV movie of the same name starring Henry Fonda. But right up until the court reached its decision, it was actually called Gideon v. Cochran — Louie L. Wainwright became famous as the respondent only because he replaced H.G. Cochran as director of the Florida Division of Corrections after the court heard arguments on Jan. 15, 1963.)

    Bruce Jacob, the assistant state attorney general who argued Florida's side, believed the court was looking for a chance to overturn a 1942 case called Betts v. Brady, in which it declined to impose an absolute rule requiring legal representation for every indigent criminal defendant in noncapital cases, he wrote in a 2003 paper for the Stetson University Law review on the 40th anniversary of Gideon.

    Read the full paper by Bruce Jacob (.pdf)

    His goal, he wrote, was to limit the scope of whatever new standard the court came up with.

    "We hoped ... that the new rule would not be made retroactive, because we did not want such a decision to result in the release of large numbers of prisoners from the state penitentiary who had been convicted without counsel," he wrote.

    If there was any doubt about the court's objectives, it was likely erased when the justices appointed Abe Fortas, one of the most prominent lawyers in America, to represent Gideon. Fortas was Vice President Lyndon Johnson's personal lawyer and was appointed to the Supreme Court just two years later.

    In a 1969 letter to the Harvard Law Record, Jacob wrote that it was "obvious, during the argument, how deeply the court was committed to the overthrow of Betts v. Brady and its progeny":

    Never in the eighteen cases which I had previously argued in the Florida Supreme Court and other appellate courts had I encountered anything like the zeal and emotion that emerged in the questioning. Anger seemed to characterize my most relentless questioner. ... Florida's position was obviously hopeless; my ten months of work devoted to the case were of little avail.

    The decision came down two months later, written by Justice Hugo Black, who had been on the losing side of the 1942 Betts decision.


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    "From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law," Black wrote. "This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him."

    Five months later, Gideon was retried, this time with a court-appointed lawyer. The new jury acquitted him after only an hour of deliberation.

    'He had the guts to say: "That's not fair"'
    Clarence Earl Gideon died of cancer in 1972, apparently without ever again running into serious trouble with the law.

    As a result of Gideon v. Wainwright, more than 4,000 Florida inmates got retrials or were simply released, Florida corrections records show. (There's no reliable record of how many retrials ended in acquittals.)

    Jacob wrote in his 2003 law review article that even though he was on the losing side, it was clearly the right decision. Jacob went on to a distinguished legal career — which included stints as a public defender and as an advocate for legal reform. He taught at several law schools, including Harvard's, and served as dean of the Stetson University College of Law in DeLand, Fla.

    Forty-seven of the 50 states now have statewide public defender offices, according to the National Center for State Courts (individual counties serve that function in Alabama, Maine and Utah).

    Even if they're not always effective, those offices are a monumental legacy to Gideon, Houppert said.

    "It's incredibly moving to read Gideon's letters — he was making such a good and sincere argument. And it's touching to me that he was somewhat illiterate — it's full of spelling mistakes and handwritten in pencil," she said.

    "As Americans, it's moving to us to see someone take a stand against the big guys, that he had the guts to say: 'That's not fair. I'm an American, and this isn't right.'

    "It's incredible, because he was nobody."

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    59 comments

    The public defender offices (for the most part) are a complete joke. Currently there is a system - chain of events that takes place when a person is charged with a crime. First, a person is severly over-charged with a long string of offenses. Then bail is set so high that the average person cannot o …

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    Explore related topics: featured, crime, florida, courts, bruce-jacob, clarence-earl-gideon, karen-houppert
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