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Florida Department of Law Enforcement

Guy M. Tunnell Commissioner

June 25,2004

Office of Executive lnvestigatlons

".

Ms. Susan Austin

The Florida Bar Attomey Consumer Assistance Program 651 East Jefferson Street Tallahassee,FL 32399

-

RE: FDLEFileE1-73-5185-1341131

Dear Ms. Austin:

Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 410-8240 www.fdle.state.fl.us

The Office of Executive Investigations received the attached correspondence from Attomey Mark A. Adams. In his letter and supporting document, Mr. Adams complains of alleged misconduct by Attorney Timothy W, Weber. Upon review, it was determined that there is no apparent criminal predicate that would warrant investigation by the Office of Executive Investigation. It was further determined that your office may more appropriately address his complaint.

Therefore, this correspondence is being forwarded to your attention for review and any action you deem appropriate. Should you have any questions regarding our referral, please feel free to contact our office at (850) 410-8240.

Sincerely,

Guy M. Tunnell Commissioner

Richard Lober, Chief Inspector Executive Investigations

cc:

Mark A. Adams, P.A. Post Office Box 1078 Valrico, FL 33595

Sewice

Committed to

Integrity .Respect

Quality

MARK A. ADAMS P.A.

Mark A. Adams, Attorney and MBA

Mailing Address

P.O. Box 1078

Valrico, FL 33595

May 7,2004

Telephone (813) 654-1235

Facsimile

(813) 654-1390

Mr. Guy Tunnell, Commissioner Florida Department of Law Enforcement P.O. Box 1489 Tallahassee, FL 32302-1489

Dear Mr. Tunnell:

Harbor Island Office

610 Garrison Cove Lane Tampa, Florida

In order to assist with your investigation of corruption in the Tampa Bay Area judiciary, I am providing the enclosed information. I have sent you packages showing evidence ofjudicial corruption previously on February 14,2004 and March 4,2004. The previous packages showed that Timothy W. Weber, Esquire had boasted of his connections and ability to improperly influence Judge Crockett Farnell and that Mr. Weber's connections had apparently influenced the Clerk ofthe Second District Court, James Birkhold, to falsify official documents in violation of Fla. Stat. 5 838.022 and 5 839.13.

Enclosed you will find a copy of a Joinder of Respondent, State of Florida, a copy of the letter transmitting the foregoing document to the Clerk of the Second District Court for Timothy W. Weber, Esquire, a copy of the Second District Court's online docket for Case No.: 2D04-636, and a copy of the Petitioners' Motion to Strike Joinder of Respondent, State of Florida with its Appendix which includes a copy of an order dated April 6,2004 that relieved Timothy W. Weber, Esquire of "from any further prosecutorial duties or responsibilities" as prosecutor of the indirect criminal contempt charges against me in Case No.: 01-9347 pending before Judge Crockett Farnell in the Circuit Court in Pinellas County, Florida.

The foregoing documents show that Timothy W. Weber, Esquire and Mark P. Stopa, Esquire of Battaglia, Ross, Dicus & Wein, P.A. appear to have violated Fla. Stat. $5 843.0855(2) and (4) by filing the Joinder of Respondent, State of Florida with the Clerk of the Second District Court of Appeal on April 28,2004.

Fla. Stat. 5 843.0855(2)provides, "Any person who deliberately impersonates or falsely acts as a public officer or tribunal, public employee or utility employee, including, but not limited to, marshals, judges, prosecutors, sheriffs, court personnel, or any law enforcement authority in connection with or relating to any legal process affecting persons and property, or otherwise takes any action under color of law against persons or property, commits a felony of the

third degree

" (Emphasis added).

Fla. Stat. 5 843.0855(4) provides, "Any person who falsely under color of law attempts in any way to influence, intimidate, or hinder a public officer or law enforcement officer in the discharge of his or her official duties by means of, but not limited to, threats of actual physical abuse or harassment, or through the use of simulated legal process, commits a felony

of the third degree

"

(Emphasis added).

Specifically,the PetitionersWotion to Strike Joinder of Respondent, State of Florida shows that:

1. On April 26,2004 when Mark P. Stopa, Esquire signed the Joinder of Respondent, State of Florida for Timothy W. Weber, Esquire, he knew that Timothy W. Weber, Esquire had been relieved of his duties and responsibilities as prosecutor of the indirect criminal contempt charges against me in Case No.: 01-9347 pending before the Circuit Court in Pinellas County, Florida.

2. On or about April 26,2004, when Timothy W. Weber, Esquire directed his subordinates to transmit the Joinder of Respondent, State of Florida to the Clerk of the Second District Court, he knew that he had been relieved of his duties and responsibilities as prosecutor.

3. As of March 26,2004 both Timothy W. Weber, Esquire and Mark P. Stopa, Esquire knew that Timothy W. Weber, Esquire had been relieved of his duties as prosecutor.

Despite knowledge that he had been relieved of his duties as prosecutor of the indirect criminal contempt charges against me in Case No.: 01-9347 pending before the Circuit Court in Pinellas County, Florida, Timothy W. Weber, Esquire appears to have directed his subordinates to prepare, sign, and transmit the Joinder of Respondent, State of Florida to the Clerk of the Second District Court in which he purports to take action under color of law as a prosecutor for the State of Florida in order to influence the judges of the Second District Court in the discharge of their official duties in Case No.: 2D04-636.

The copy of the Second District Court's online docket for Case No.: 2D04-636 shows that prior to April 28,2004, no document had been filed by Timothy W. Weber, Esquire in this action.

As Mr. Weber or Mr. Stopa appear to have boasted to their clients of their law firms connections and as those connections have apparently influenced Judge Crockett Farnell and James Birkhold to violate the law, I believe that this information can be used to help shed some additional light on judicial corruption in the Tampa Bay Area. Specifically, I believe that Mr. Weber or his assistant or Mr. Stopa may be very willing to provide helpful information in order to avoid prosecution.

If you need more information to assist you in your investigation, please contact me. Thank you for your time and consideration and for your effort to ensure that the fundamental right to a trial before a fair and impartial judge is enjoyed by al1;not just the connected. I look forward to hearing from you.

irk A. Adams, Esquire

Enclosures

IN THE DISTRICT COURT OF APPEAL FOR THE SECOND DISTRICT STATE OF FLORIDA

MARK A. ADAMS and MARK A. ADAMS, P.A.

Petitioners,

V.

CASE NO: 2D04-636 L.T. NO: 01-9347-CI

JEFFREY S. SMITH, SHARON P. SMITH, CORPORATE SPORTS MARKETING GROUP, INC., CHKISTOPHER C. KING, and DWAYNE MARTINS

Respondents

JOINDER OF RESPONDENT. STATE OF FLORIDA

Respondent, the State of Florida, hereby joins the Respondents', Corporate

Sports Marketing Group, Inc., Christopher C. King and Dwayne Martins Response

to Petitioners' Verified Motion to Disqualify Judges of the District Court of

Appeal for the Second District of Florida; Request for Judicial Notice; Response

to Motion for Rehearing, Request for Written Opinion, Motion for Clarification,

Motion for Certification, and Motion for Rehearing En Banc; and Appendix to

Response to Motion for Rehearing, Request for Written Opinion, Motion for

Clarification, Motion for Certification, and Motion for Rehearing En ~anc.'

1 Although prosecution of the contempt has been reassigned by the Honorable Crockett Famell, the undersigned's representation of the Respondent has not been terminated in the Appellate Court. In order to protect its interests, Respondent hereby files this joinder.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by U.S. Mail this a day of April, 2004 to Mark A. Adams, Esquire,

Mark A. Adams, P.A., P.O. Box 1078, Valrico, Florida 33595 (jbr Petitioners);

Ricardo A. Roig, Esquire, Ricardo A. Roig, P.A., 4023 North Armenia Avenue,

Suite 400, Tampa, Florida 33607 (Jbr the Smiths);Office of the State Attorney,

Post Office Box 5028, Cleanvater, Florida 33758 @v

the

State); and the

Honorable Crockett Famell, 315 Court Street, Suite 421, Cleanvater, Florida

33756 (nominalRespondent).

Florida Bar No.: 86789 BATTAGLIA ROSS DICUS & WEIN, P.A. First Union National Bank Building 980 Tyrone Boulevard (33710) P.O. Box 41 100 St. Petersburg, FL 33743 Telephone No.: (727) 381-2300 Facsimile No.: (727) 343-4059 Attorneys for Respondents

James Birkhold Clerk of the Court Second District Court of Appeals 1005 E. Memorial Boulevard Lakeland, Florida 33802

Re:

Mark A. Adams, et al. vs. Jeffrey S. Smith, et at.

2"dDCA Case No: 2D04-636

L.T. Case No.: 01-934741

Dear SirIMadam:

In connection with the above-captioned matter, enclosed for filing please find the following original documents:

1. Response to Petitioners' Verified Motion to Disqualify Judges of the District

Court of Appeal for the Second District of Florida;

2. Request for Judicial Nqtice;

3. Response to Motion for Rehearing, Request for Written Opinion, Motion for

Clarification, Motionfor Certification, and Motionfor Rehearing En Banc;

4. Appendix to Response to Motion for Rehearing, Request for Written Opinion,

Motion for Clarification, Motionfor Certification, and Motion for Rehearing En Banc;

5. Joinder of Respondent, State of Florida.

If you have any questions regarding the enclosed, please do not hesitate to contact

me.

 

Sincerely,

BATTAGLIA, ROSS, DlCUS & WEIN, P.A.

Legal Assistant to Timothy W. Weber

Enclosure(s)

TWW:hac

Second District Court of Appeal Case Docket

Page 1 of 2

Second District Gaud of Appeal Case Dockd

Case Number: 2D04-636 Civil Prohibition Petition from Pinellas County

MARK A. ADAMS and MARK A. ADAMS, P. A. vs. JEFFREY S. SMITH, et al.,

her Tribunal Case(s): 01-9347 CI 015

dated April 8,2004 and request to

Second District Court of Appeal Case Docket

Page 2 of 2

IN THE DISTRICT COmT OF APPEAL FOR TEE SECOND DISTRICT STATE OF FLORIDA

MARK A. ADAMS and MARK A. ADAMS, P.A.

Petitioners,

Case No.: 2D04-636

JEFFREY S. SMITH, SHARON P. SMI[TH, CORPORATE SPORTS MARKETING GROUP, NC., CHRISTOPHER C. ICING, and DWAYNE MARTINS,

Respondents

I

PETITIONERS' MOTION TQ S JOmER OF RESPONDENT, STATE OF FLORIDA

COMES NOW, Petitioners, MARK A. ADAMS and

A. ADAMS,

P.A., to file this Motion to Strike Jouider of Respondent, State of Florida pursuant

to Fla. R.App. P. 9.300 showing:

1.

On April 28,2004, a Joinder of Respondent, State of Florida was filed with

this Court by Tirnothy W. Weber, Esquire of Battaglia, Ross, Dicus & Wein,

P.A., counsel for the Respondents, Corporate Sports Marketing Group, Inc.,

Christopher C. King, and Dwayne Martins.

2.

This Joinder was signed for Timothy W. Weber, Esquire by Mark P. Stopa,

Esquire of Battaglia, Ross, Dicus & Wein, P.A.

3.

In this Joinder, Timothy W. Weber, Esquire purports to represent the State

of Florida before this Court and purports to have authority on behalf of the

State of Florida to join in the Response to the Petitioners' Motion for

Rehearing, Request for Written Opinion, Motion for Clarification,Motion

for Certification, and Motion for Rehearing En Banc; the Response to

Petitioners' Verified Motion to Disqualify Judges of the District Court of

Appeal for the Second District of Florida; Request for Judicial Notice; and

Appendix to the Response to the Petitioners' i+vbtion

for Rehearing, Request

for Written Opinion, Motion for Clarification, Motion for Certification, and

Motion for Rehearing En Banc.

4. In a footnote, Timothy W. Weber, Esquire states, "Although prosecution of

the contempt has been reassigned by the Honorable Crockett Farnell, the

undersigned's representation of the Respondent has not been terminated in

the Appellate Court. In order to protect its interests, Respondent hereby files

this joinder."

However, this statement is misleading as it implies that Mr.

Weber has represented the State before this Court in this matter despite the

fact that Mr. Weber had not filed any document in this matter prior to April

28,2004 or that this Court has somehow appointed Mr. Weber to represent

the State of Florida.

5.

Timothy W. Weber, Esquire fails to clarify that the attorney who is

representing the Petitioners on the indirect criminal contempt charges before

the lower court, Gregory L.Olney, Esquire of Meros, Smith &2Olney, B.A.,

filed a Motion to Disqualify Timothy Weber as Prosecutor pursuant to R.

Regulating Fla. Bar 4-3.7 and Clamell v. State, 455 So.2d 1050 (Fla. 3d

DCA 1984)(enbanc). (App. A). This motion was granted at the hearing

before the lower court on March 26,2004 which was attended by Timothy

W. Weber, Esquire and Mark B. Stopa, Esquire of Battaglia, ROSS,Dicus &

Wein, P.A.

6. Timothy W. Weber, Esquire also fails to clarify that on April 6, 2004 the

lower court entered a written order which relieved Timothy W. Weber,

Esquire "from any further prosecutorial duties or responsibilities." (App. B).

Therefbre, when the Joinder of Respondent, State of Florida was signed on

April 26,2004, Timothy W. Weber, Esquire and Mark P. Stopa, Esquire

knew that Mr. Weber had been relieved of his appointment to represent the

State as prosecutor ofthe indirect criminal contempt charges against the

Petitioners pending in the lower court and that he had no authority to file any

document with this Court on behalf of the State of Florida.

WHEREFORE, the Petitioners respectfully request the this Court enter an

order striking the Joinder of Respondent, State of Florida filed by Timothy W.

Weber, Esquire, awarding attorney fees to the Petitioners for bringing this motion,

sanctioning Timothy W. Weber, Esquire for filing this joinder without authority in

an attempt to mislead this Court, and granting any further relief that is appropriate

and just.

Respectllly submitted,

Mark A. Adams, Esquire Mark A. Adanas, P.A.

CERTIFICATE OF SERVICE

The undersigned certifies that a copy hereof has been &mished by U.S. Mail

to 'Timothy W. Weber, Esquire, of Battaglia, Ross, Dicus & Wein, P.A., the

attorney for COWOtPAm SPORTS

CHRISTOPER C. IKING, and DWAYNE

TmG, GROUP, DJC.,

TINS, at P.O. Box 41 100, St.

Petersburg, Florida 33743-1100, facsimile phone number 727-343-4059; to

Ricardo A. Roig, Esquire, the attorney for JEFFWE16 S. SMITH and SHARON P.

SMITH, at 4023 N. Almenia Ave., Suite 400; Tampa, FL 33607; facsimile phone

number 813-874-0445; to the Honorable Crockett Farmell at 315 Court Street, Suite

421; Clearwater, FL 33756; and to the Ofice of the State Attorney, P.O. Box ' L

5028; Clearwater, FL 33758 on this

6 ?--

day of May, 2004.

"'

Akark A. Adams, Esquire Mark A. Adams, R.A.

1HEREBY CERTIFY that this motion complies with the font requirements

of Fla. R. App. P. 9.100(1).

- f

Mark A. ~dams,%s~uire Mark A. Adams, P.A. Ha. Bar No. 0193178 P.Q. Box 1078 Valrico, FL 33595 Phone: 813-454-1235 Facsimile: 813-454-1390 Petitioners and Attorneys for Petitioners

1N THE DISTRICT COURT OF APPEAL

FOR TME SECOND DISTRICT

STATE OF FLORIDA

MARK A. ADAMS and MARK A. ADAMS, P.A.

Petitioners,

JEFFREY S. SMITH, SHARON P. SMITH,

CORPORATE SPORTS

GROUP, INC., CHRISTOPHER C. ICING,

and DWAYNE MARTINS,

TING

Respondents

I

Case No.: 2D04-636

PEP'XT11NERS9ISaOTIBN TO S JOINDER OF RESPONDENT, STATE OF m8NDA APPENDIX 'FABILE OF (CONTENTS

DOCUMENT

TAB

Motion to Disqualify Timothy Weber as hosecutor

A

Lower Court's Order dated April 6,2004

B

Appendix A

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY. FLORIDA CIVIL DIVISION

JEFFREY S. SMITH and SHARON P. SMITH,

Plaintiffs.

CORPORATE SPORTS MARKETING GROUP, INC., CHRISTOPHER C. KING, and DWAYNE MARTINS,

Defendants.

CORPORATE SPORTS MARKETING GROUP. INC.,

Counterplaintiff,

JEFFREY S. SMITH. JOHN D. KERIN. and LAFAYETTE MARKETING GROUP, INC., a Florida corporation,

Counterdefendants.

-

UCN:

522001CA009347XXXXCI

REF:

01-00947-Cl-015

MOTION TO DISQUALIFY TIMOTHY WEBER AS PROSECU-

Comes now, the defendant, MARK ADAMS, by and through his undersigned attorney, and

moves this honorable court for an order disqualifying Timothy Weber as prosecutor herein, and as

grounds therefor would show:

1. Timothy Weber was counsel for the opposing party in the underlying dispute.

2. Timothy Weber is a witness in the criminal charge that has been filed against the

defendantand has filed an affidavit containinghis sworn testimonywhich was instrumentalin causing

the court to issue its Order to Show Cause.

testify. A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary

witness on behalf of the client except where (1) the testimony relates to an uncontested issue; (2) the

testimony will relate solely to a matter of formality and there is no reason to believe that substantial

evidence will be offered in opposition to the testimony; (3) the testimony relates to the nature and

value of legal services rendered in the case; or (4) disqualification of the lawyer would work

substantial hardship on the client. In the case at bar. the testimony of Mr. Weber clearly relates to

a contested issue and is not a matter of formality. The relevant testimony does not relate to the

nature and value of legal services rendered in the case, and the disqualification of the lawyerwill not

work a substantial hardship on the client since, as prosecutor prosecuting a criminal case, the client

is the state.

In Clausell v. State, 455 So.2d 1050 (Fla. 3d DCA 1984) is the best authority counsel for the

defendant can cite for the court to consider in determining the appropriateness of allowing Timothy

Weber to remain as prosecutor on the case. A copy of that opinion is attached hereto and made a

WHEREFORE, the defendant herein respectfull

~L-b-Lw-

-&.ra

order, disqualifying Timothy Weber as prosecutor.

- CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished by mail to Timothy W. Weber, Esquire. P. 0.

Box 4.1100, St. Petersburg, Florida 33743, on Marcha,2004.

MEROS,

OLNEY, P.A.

P. 0. Box 27 L/ St. Petersburg, FL 33731

(727)822-4929

FEN. 362913 1 SPN 241'712

Attorney for Defendant

Fax: (727)821-7140

Appendix B

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION

JEFFREY S. SMITH and SHARON P. SMITH.

Plaintiffs,

CORPORATE SPORTS MARKETING GROUP, INC., CHRISTOPHER C.KING, and DWAYNE MARTINS,

Defendants

CORPORATE SPORTS MARKETING GROUP, INC.,

Counterplaintiff,

JEFFREY S. SMITH, JOHN D. KERIN, and LAFAYETTE MARKETlNG GROUP, INC., a Florida corporation,

Counterdefendants.

ORDER

UCN: 522001CAOO9347XXXXCI

REF:

01-OW327-CI-015

93~

This cause came on to be heard upon the motion of MARK ADAMS to disqualify

Timothy Weber as prosecutor, and the court having considered argument from counsel

and the court having considered all of the events that have transpired in the pendency of

these proceedings, and the court being otherwise fully informed, it is thereupon

ORDERED that the Slate Attorney's Office for the Sixth Judicial Circuit is appointed

to prosecute the indirect contempt of court charge brought against MARK ADAMS and

Timothy Weber is relieved from any further prosecutorial duties or responsibilities.

DONEAND ORDERED at Clearwater, Pinellas County, Florida, on April, 2004.

Copies furnished to:

Gregory L. "Skip" Olney, II, Esq. Timothy W. Weber, Esq. State Attorney's Office

CIRCUIT JUDGE