Panama City, Bay County, Florida
Thursday, January 8, 2015
By: Kevin Earl Wood, Email: allunited@bellsouth.net
The answer to the question of “What Does Free Speech, Murder of Reporters in France, Florida Bay County elected Clerk of Court Bill Kinsaul, and elected 14th Judicial Circuit Public Defender Herman Laramore all Have In Common?”, although not funny, it is a one-liner response: “the truth and freedom of the press.”
Bay Community News recently published a story on freedom of the press as relates to the controversy over the recent movie, “The Interview” and a former article by Hustler Magazine and its publisher, Larry Flynt, that was protected by the United States Supreme Court.
Early yesterday at least 12 reporters, cartoonists, police officers and others in Paris, France, were murdered by what appears to be Muslim extremists who objected to the publication of Islamic parodies and cartoons by press organization Charlie Hebdo (French for “Weekly Charlie”). Many others were injured, some critically whose condition is currently unknown. Two police officers were killed by the terrorists.
The editor of “Weekly Charlie”, Stephane Charbonnier, and his bodyguard were particularly targeted by the terrorists and murdered during the mass slaughter.
Cherif Kouachi, left, 32, and his brother, Said Kouachi, 34, who are suspected in a deadly attack on a satirical newspaper “Weekly Charlie” in Paris, France. Credit French Police.
Two of the terrorists thus far have been identified as Said and Chérif Kouachi, ages 34 and 32 who have yet to be apprehended.
A third terrorist involved, Mourad Hamyd, age 18, has today surrendered to police but his connection to the Kouachi brothers or to the Islamic State (IS) is not yet known.
While “Weekly Charlie” exercised its free speech rights to publish and now be subjected to retaliatory horrendous and barbaric retaliation and slaughter of human life, such threat continues to exist in Bay County, Florida, the United States of America, as well.
Bay County, Florida, Clerk of Court Bill Kinsaul
This reporter recently received a call from a confidential source, claiming to be an employee of the Clerk of Court, that Clerk of Court Bill Kinsaul, and others that Kinsaul is conspiring with, were planning to take retaliatory actions against this reporter for reporting what appears to be criminal and other misconduct of Clerk of Court Bill Kinsaul and/or for advocating in the press for victims of the crimes by Kinsaul involving attempted extortion, falsification of records, and illegally accepting and filing unauthorized papers in court files from non-parties and not date-time stamping the pleadings as required by Florida law.
This reporter has received prior death threats from public officials, particularly a former attorney for the Bay County Sheriff’s Office and Sheriff Guy Tunnell and a former circuit judge Glenn L. Hess who is now our current State Attorney in Bay County and the 14th Judicial Circuit. A legal assistant, Carrie Cox (Brooks), to an attorney, John Green, formerly testified under oath:
On February 2, 2006, I encountered Assistant State Attorney, Brian Kelley and Judge Hess outside of Judge Hess’s office on the third floor of the Bay County Courthouse. Brian introduced me to Judge Hess and mentioned to Judge Hess that I was employed with John Green’s office that was representing Kevin Wood. Judge Hess made a couple of comments at this point that I can’t recall what they were. I said to Judge Hess that everyone is entitled to a defense or something to that effect at which point Judge Hess asked if I wanted to make some extra money. Brian Kelly said, “I don’t think I need to hear this,” and took a couple of steps away from where we were standing. Judge Hess then said, “There are a lot of people in Bay County that would like to see Kevin Wood dead.” I can’t recall if he said “would like to see him dead” or “would pay to see him dead”, but it was something to that effect.
If Bill Kinsaul Falsified Records and Illegally Filed Papers in a Court Case, Why Is He Getting Away With It???
This is clear evidence that the threat of retaliation against citizens in Bay County and this reporter fears retaliation as did the victims of the Paris assault for exercise of free speech protected in the United States by the First Amendment.
Clerk of Court Bill Kinsaul has recently repeatedly refused to tell the truth to the press and the public. His stock answer now is, “no comment”, to Bay Community News as he relied on after a County Commission meeting on January 6, 2015 when asked by Bay Community News about his issuance of same-sex marriage licenses in Bay County that took effect that same day required by the federal court in Florida.
Clerk of Court Bill Kinsaul’s Failure to Tell the Truth to the Public and the Press is a Lie By Omission
This statement to Bay Community News by Mr. Kinsaul was evasive because on January 2, 2015 Mr. Kinsaul had already posted a comment on his website:
On January 1, 2015, Judge Hinkle, United States District Court Judge for the Northern District of Florida, issued an Order in response to an emergency motion seeking clarification concerning the issuance of marriage licenses to same sex couples. Based upon the Court’s Order, the Clerk of Court for Bay County will issue Marriage Licenses to applicants, regardless of gender, effective January 6, 2015. (See links below to the Order issued by Judge Hinkle dated January 1, 2015 and Greenberg Traurig statement ) and the FCCC statement herein.
http://baycoclerk.com/status-issuance-sex-marriage-licenses-bay-county-2/
This Appears to be Clerk of Court Bill Kinsaul Taking His Oath of Office to Support and Defend the U.S. and Florida Constitutions to Protect Florida Citizens in Bay County, Florida. (parody)
Clerk Kinsaul continues to refuse to personally explain to the public and the press the truth of his falsification of court records in certain cases, a criminal offense, or explain why bogus papers are being illegally filed in his office in criminal cases by non-parties and illegally filed by his office without a date and time stamp in violation of Section 28.13 of the Florida Statutes that mandates the following requirements by clerks of court:
28.13 Papers and electronic filings.—The clerk of the circuit court must maintain all papers and electronic filings in the clerk’s office with the utmost care and security, storing them with related case files and affixing a stamp, which may be electronic, to each submission indicating the date and time that the submission was filed.
While the Florida Department of Law Enforcement (FDLE), the Bay County Sheriff’s Office (BCSO), and the local courts have to date not yet held Mr. Kinsaul criminally or otherwise accountable, the legal battle continues against Mr. Kinsaul in the courts. The nauseating details of Mr. Kinsaul’s falsification of records, arguably a criminal offense under Florida law, in one particular case was reported by Bay Community News in a prior story.
Bay Community News has discovered that Clerk Kinsaul has falsified records in several other pretrial intervention/diversion cases as a pattern and practice and new policy under Kinsaul that was not implemented under the previous longstanding Clerk of Court Harold Bazzel.
The two following docket excerpts evidence the change in policy from former Clerk Bazzel and the new fraudulent policy under Clerk Kinsaul.
TRUTHFUL Docket Entry by Former Clerk of Court Harold Bazzel in Battery Case Number 02001550MMMA.
FALSE Docket Entry by Current Clerk of Court Bill Kinsaul in Battery Case Number 14004676MMMA.
Clerk Kinsaul’s falsified entry of “PRE-TRIAL INTERVENTION/DIVERSION as a “DISPOSITION” of the case is blatantly false and damaging to the reputation of the defendant and his future opportunities in that case who in good faith completed a pretrial program with the state attorney with the promise and expectation from the state attorney that the case would be dropped and abandoned by the state attorney by a “no information.”
As you can see from the above entries, former Clerk of Court Harold Bazzel truthfully annotated the docket with a disposition of “DROPPED/ABANDONED/NO INFORMATION FILED.”
Clerk of Court Bill Kinsaul has been fully briefed that a pretrial agreement between a defendant and a state attorney does not “DISPOSE” of a case, but only “CONTINUES” a case, essentially placing the case on hold pending the outcome of the essentially private agreement between the defendant and the state attorney.
If the defendant complies with the agreement within a specified time, then the state honors the agreement and drops/abandons the case to “DISPOSE” of the case.
Section 938.08(3) F.S. states that, “The criminal charges against an offender admitted to the (pretrial intervention) program shall be continued without final disposition…”
Section 938.03(3) F.S. is the nail in the coffin that seals the falsification allegation against Bill Kinsaul. In the 14004676MMMA case, it was not the PTI that “disposed” of the case, it was the state dropping the charges that “disposed of” and closed the case.
At about the same time Bay Community News reported on the records falsification matter when information was received that Clerk of Court Bill Kinsaul had also attempted to extort money from a criminal defendant who had won his case and was vindicated. Mr. Kinsaul has subsequently sent a letter to the defendant saying the defendant is not liable for the fees. Under Florida law, if a criminal defendant wins his case and is not convicted he is not liable for payment of court costs, fees or liens against his or her property.
A residual problem is that the Public Defender for the 14th Judicial Circuit, Herman Laramore, appears to have turned his back on numerous criminal defendants who have been victimized by Mr. Kinsaul’s new policy that the reputation of defendants who are vindicated through pretrial intervention and/or diversion should be libeled to the public on the clerk’s docket, and in the clerk’s files, to destroy their futures and opportunities, particularly in employment, housing, security clearances, etc. when background investigations are conducted.
There is a pending case, 14004676MMMA, in Bay County in which a criminal defendant is attempting to defend his reputation in the public record but the public defender Ryan Phillips, still appointed to the case, but not yet been relieved by the court, by all appearances refuses to help the defendant pursue further hearing or rehearing in the county case, or on appeal to the circuit, district or other courts.
When an indigent criminal defendant applies for a public defender he completes a form entitled, “APPLICATION FOR CRIMINAL INDIGENT STATUS.” The Clerk of Court then determines if the application is legally sufficient on the face of the form. If it is legally sufficient the Clerk then grants indigent status and appoints the public defender. At the bottom of the form the Clerk certifies, “The Public Defender is hereby appointed to the case listed above until relieved by the Court.” Mr. Phillips has not yet been relieved from the open case.
Bay Community News has found no order in the case 14004676MMMA by the “Court” that has relieved the Public Defender from the case yet pending pleadings have been filed that require the assistance of counsel as well as appellate proceedings that have been initiated, case number 14001641CA, that the Defendant has been forced to file by himself, pro se, because the Public Defender has by all appearances abandoned him. This defendant desperately needs the assistance of the Public Defender, conflict counsel, or other legal counsel.
Bay Community News has interviewed Bay County Chief Public Defender Doug White but he refuses to date to help this defendant in further trial or appellate proceedings leaving the appearance to the public, and the press, that he is protecting Clerk of Court Bill Kinsaul, rather than his client.
Bay Community News has pleaded with Mr. White to continue the public defender’s representation in case number 14001641CA. Hopefully, the publication of this story will get Mr. White in Bay County, and the elected public defender, Herman Laramore, 14th Judicial Circuit, to reconsider and continue to represent this defendant in case number 14001641CA or otherwise get this defendant legal counsel.