VIDEO EXONERATES LAWYER CHARGED WITH BATTERY

MWM is a lawyer in good standing with The Florida Bar.  He is extraordinarily gifted and effective in the area of land use planning.  Perhaps so effective that individuals associated with the City of Fort Pierce sought to eliminate him as a “player” at City Hall.

On March 22, 2007, an individual in the zoning department of the City of Fort Pierce alleged that he was battered by MWM.  The Fort Pierce Police Department claimed to have conducted a thorough investigation, including a review of the digital video system which captured the incident.  The Fort Pierce police officer swore out an affidavit that MWM committed a battery.

MWM was subsequently arrested on a warrant for simple battery.  The warrant imposed restrictions which prevented MWM from going to or near City Hall, attending public meetings at City Hall or having any conversations with the alleged “victim”.  By making this accusation, the alleged “victim” prevented MWM from representing his clients in land use matters at the City of Fort Pierce.

Attorney Garland twice appeared before the county judge handling the matter in order to seek relief from the restrictions so that MWM could continue to represent his clients.  All relief was denied.  The State, in fact, filed an information formally setting forth the battery charge.

Attorney Garland refused to waive his client’s right to speedy trial, but also insisted on reviewing a copy of the digital video recording.  The police and the City failed to provide the discovery in a timely manner.  In fact, the defense was provided a copy of the digital recording which was “blank”.

Finally, on the eve of trial, Attorney Garland was able to review the video recording with the aid and assistance of the courteous and professional prosecutor handling the case.  The video recording plainly failed to show a battery, and in fact, showed that there was no basis for the charge.  The prosecutor courageously refused to prosecute the case.  She announced a nolle prosse in open court on October 3, 2007.