BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA JUDGE ALEMAN S AMENDED WITNESS LIST (PLEASE SEE PAGE 6.

Transcription

1 BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA CASE NO.: SC INQUIRY CONCERNING A JUDGE, NO.: 06-52, CHERYL ALEMAN. / JUDGE ALEMAN S AMENDED WITNESS LIST (PLEASE SEE PAGE 6. FOR AMENDMENTS) COMES NOW the Respondent, CIRCUIT JUDGE CHERYL ALEMAN (hereinafter ALEMAN ), by and through her undersigned counsel, and hereby files this, her witness list, whom she may call during the final hearing in this matter, and the anticipated subject matter of the testimony of each said witness; 1. As to all of the allegations contained in the Notice of Amended Formal Charges, the following witnesses will be called: A. The Honorable Cheryl J. Aleman 2. As to Paragraph 1 of the Notice of Amended Formal Charges A. Peter Holden Assistant State Attorney Mr. Holden was the trial prosecutor on Braynen. He will testify as to his observations during that trial;

2 the Braynen trial. B. Deputy James Civille Deputy Civille, as court deputy, will testify as to his observations in C. Circuit Court Judge Ana I. Gardiner Respondent during the Braynen trial. contempt issues. issues. Judge Gardiner will testify as to conversations she had with D. Circuit Court Judge Ilona Holmes Judge Holmes will testify as a potential expert witness as to E. Chief Circuit Court Judge Victor Tobin Judge Tobin will testify as a potential expert witness as to contempt 3. As to Paragraph 2 of the Notice of Amended Formal Charges, A. Circuit Court Judge Eileen M. O Connor Judge O Connor will testify as to the facts and circumstances 2

3 surrounding Adam Katz previous contempt citation, including all documents and appeal papers relating to that previous contempt. Katz hearings. his B. Deputy Jim Civille Address same as above. Deputy Civille will testify as to his observations during and after the C. Ms. Toni Astintino Court Administrator s Office Ms. Astintino will testify as to the notifications made to Mr. Katz an office of the court appearances ordered in the Hollis case. D. Lawrence Marin, Esq. c/o Law Offices of Bogenschutz, Dutko, and Kroll, P.A. 600 S. Andrews Avenue, Suite 500. Mr. Marin was the prosecutor on the Hollis case. Mr. Marin will testify as to his observations during the Katz hearings. E. Stephen Plant, Esq S.W. 1 st Court Plantation, FL Mr. Plant will testify as to his appearance at the Hollis trial calls and his conversations and Affidavit of Compliance filed as to notice to Katz or his office of appearance and trial orders. F. Circuit Court Judges (Retired) J. Leonard Fleet and Robert Fogan 3

4 Both judges will testify as to the nonappearance of Mr. Katz at ordered trial calls in their respective divisions in the pool. hearings 4. As to Paragraph 3 of the Notice of Amended Formal Charges, A. Deputy Jim Civille Address same as Above. Deputy Civille will testify as to his observations during the Felix B. Gary W. Cole, Esq S.E. 3 rd Ave. Fort Lauderdale, FL Mr. Cole was the prosecutor handling the Felix case. He will testify as to his observations and participation in that case. 4

5 C. Circuit Court Judge Dale Ross Judge Ross will testify as to the subsequent hearings in the Felix case. 5. As to Paragraph 4 of the Notice of Amended Formal Charges, A. Deputy Jim Civille Same as above. allegations set forth in Paragraph 4. Deputy Civille will testify as to his observations during the B. Lawrence Marin, Esq. Same as above. Mr. Marin was the prosecutor on the Suppa and the Walls lower court cases. He will testify as to his observations during those hearings. C. Richard Valuntas Assistant Attorney General 1515 N. Flagler Dr., 9 th Floor West Palm Beach, FL Mr. Valuntas handled the Suppa and Walls appeals for the State of Florida. He will testify as to how that matter was presented to the 4 th District Court of Appeals by Mr. Gottlieb. D. Assistant Statewide Prosecutor James Cobb 110 S.E. 6 th Street, 9 th Floor E. Chief Assistant Statewide Prosecutor Oscar Gelpi Same as Cobb above F. Chief Circuit Judge Victor Tobin 5

6 (See Paragraph 2E) G. Circuit Judge Ilona Holmes (See Paragraph 2D) Both Prosecutors Cobb and Gelpi will testify as to the issue of the Gottlieb and Moldof allegations. 6. All necessary rebuttal and impeachment witnesses. 7. All witnesses listed on the Judicial Qualifications Commission witness list, filed October 25, Potential Character Witnesses A. County Judge Lee J. Seidman, Room 347 Fort Lauderdale, Florida 33301; B. Assistant State Attorney Tara Horvitz, Room 655 Fort Lauderdale, Florida 33301; C. Assistant State Attorney Adriana Alcalde, Room 655 Fort Lauderdale, Florida 33301; D. John Cotrone, Esq. 509 SE 9 th Street - Suite 1 Fort Lauderdale, FL ; E. Sebastian Cotrone, Esq. 509 SE 9 th Street - Suite 1 Fort Lauderdale, FL ; F. Stephen Melnick, Esq. 629 SE 5 th Avenue -3103; G. Raag Singhal, Esq SE 4 th Avenue 6

7 Fort Lauderdale, FL ; 7

8 *H. *I. Dr. Trudy Block-Garfield, PsyD E. Oakland Park Blvd. Third Floor Ft. Lauderdale, FL 33306; Michael Brannon, Psy.D. 750 SE 3rd Ave., Suite 204 Ft. Lauderdale, FL *These two witnesses may also testify as experts as to all Paragraphs and as to the general allegation of a pattern of arrogant, discourteous, and impatient conduct towards lawyers and others appearing before you. I HEREBY CERTIFY that true and correct copies of the foregoing have been furnished to the Honorable Thomas B. Freeman, Chair, Hearing Panel, th Street North, Clearwater, Florida 33762, to Brooke Kennerly, Executive Director, Florida Judicial Qualifications Commission, 1110 Thomasville Road, Tallahassee, Florida 32303, to Lansing C. Scriven, Special Counsel, 442 W. Kennedy Boulevard, Ste. 280, Tampa, Florida 33606, to Michael Schneider, Florida Judicial Qualifications Commission, 1110 Thomasville Road, Tallahassee, Florida 32303, to John R. Beranek, Special Counsel to Hearing Panel, P.O. Box 391, Tallahassee, Florida 32301, to Marvin C. Barkin, Interim General Counsel, Florida Judicial Qualifications Commission, P.O. Box 1102, Tampa, Florida 33601, and to Perry W. Hodges Jr., Esq., Rogers, Morris, & Ziegler, L.L.P., 1401 E. Broward Boulevard, # 300, Fort Lauderdale, 33301, on this day of, Respectfully submitted, BOGENSCHUTZ, DUTKO & KROLL, P.A. Attorneys for Judge Aleman 8

9 600 S. Andrews Avenue, Ste. 500 Fort Lauderdale, Florida Phone: (954) Fax: (954) BY: J. DAVID BOGENSCHUTZ Florida Bar No

10 THE HONORABLE THOMAS B FREEMAN CHAIR - HEARING PANEL TH STREET NORTH CLEARWATER FLORIDA 33762

11 BROOKE KENNERLY EXECUTIVE DIRECTOR FLORIDA JUDICIAL QUALIFICATIONS COMMISSION 1110 THOMASVILLE ROAD TALLAHASSEE FLORIDA 32303

12 LANSING C SCRIVEN SPECIAL COUNSEL 442 W KENNEDY BOULEVARD STE 280 TAMPA FLORIDA 33606

13

14 MICHAEL SCHNEIDER FLORIDA JUDICIAL QUALIFICATIONS COMMISSION 1110 THOMASVILLE ROAD TALLAHASSEE FLORIDA 32303

15 JOHN R BERANEK SPECIAL COUNSEL TO HEARING PANEL P.O. BOX 391 TALLAHASSEE FLORIDA 32301

16 MARVIN C BARKIN INTERIM GENERAL COUNSEL FLORIDA JUDICIAL QUALIFICATIONS COMMISSION PO BOX 1102 TAMPA FLORIDA 33601