{"id":353,"date":"2012-04-04T16:22:28","date_gmt":"2012-04-04T23:22:28","guid":{"rendered":"http:\/\/dev.meetjoefrancis.com\/?page_id=353"},"modified":"2012-07-24T13:58:11","modified_gmt":"2012-07-24T20:58:11","slug":"legal-story-page-6","status":"publish","type":"page","link":"https:\/\/www.meetjoefrancis.com\/posts\/legal-story-page-6\/","title":{"rendered":"legal-story-page-6"},"content":{"rendered":"

Page 6<\/strong><\/p>\n

TAX CASE<\/center><\/strong>
\n The Federal Government let it be known to Francis\u2019 attorneys that they had now decided to take advantage of all the recent publicity created by Judge Richard Smoak\u2019s recent actions by indicting Francis on tax evasion charges stemming from his 2002 tax returns just a week before tax day. It\u2019s clear that Panama City (Bay County, Florida)\u2019s efforts to vilify and \u201ccriminalize\u201d Joe Francis had worked. Francis strenuously denied the allegations.<\/p>\n

A different federal judge who was overseeing the tax case in Reno immediately ordered Francis freed from jail under bail in that case.<\/strong> But Florida was unwilling to issue bail in the case involving Francis\u2019 possession of his own legally prescribed medicine in his jail cell, and also because of which, his first bail was revoked. As a result Francis found himself in a Kafkaesque legal nightmare. Though he was free to walk out of jail in Reno, Florida authorities were waiting to bring him back to the same Bay County facility where he had previously endured such harsh and unfair conditions. (Judge Dedee Costello\u2019s order to hold Francis without bail<\/a>) Joe elected to remain safely behind bars in Reno. \u201cThank God I got charged with tax evasion!\u201d Francis said at the time, meaning that it saved him from having to return to Bay County Florida, where authorities were so intent on putting Francis away that he quite likely could have spent the rest of his life in prison for what has now been proven to be a crime he did NOT commit.<\/p>\n

Francis filed three separate motions to dismiss the 2003 case, which would have freed him from jail. Despite the fact that legal scholars, after reviewing the motions to dismiss, found no legal basis for the Florida judge to deny these motions, the Florida judge still denied all three of Francis\u2019 motions to dismiss. (Motions to dismiss 2003 case<\/a>)<\/p>\n

It’s evident the issues involving Francis were not between Francis and the people of Panama City (Bay County, Florida), nor were they between Francis and the state of Florida because the Florida Supreme Court and Charles Crist, Jr., the current Governor of Florida, agreed with Francis\u2019 position. As Attorney General of Florida, Crist wrote an opinion that made his position clear (Charles Crist, Jr. opinion: Cashatt v. State of Florida,<\/a>; Francis Consolidated Motion to Dismiss<\/a>)<\/p>\n

Since it was determined by the court in Florida that Francis was neither a flight risk nor a danger to the community, it is difficult to understand why he should have been denied bail. It is not uncommon for people accused of committing far worse crimes than Francis has been charged with to be given bail in the same jurisdiction.<\/p>\n

In June of 2007, Herman Harmon, who was awaiting trial for first-degree murder and facing the death penalty, tried to break out of the same Panama City (Bay County, Florida) jail in which Francis was incarcerated during the same period Francis was there. Harmon took a jail guard hostage, but was captured before he could flee the facility, and now faces, in addition to the murder count, charges of battery on a correctional officer, attempted escape, depriving an officer with means of communication, and possession of contraband in a detention facility. Harmon was offered bail in the amount of $85,000. (Herman Harmon bail story<\/a>) Yet Joe Francis was repeatedly denied bail.<\/p>\n

<\/a>It is alarming to see just how many of Joe Francis\u2019 constitutional rights were violated (Constitution of United States of America<\/a>). Specifically Amendment 14<\/strong>, the right to not be deprived of life, liberty, and property without due process of law; Amendment 8<\/strong>, the right to bail; Amendment 7<\/strong>, the right to go to trial before a jury in a civil suit; Amendment 6<\/strong>, the right to a fair trial and present a defense; Amendment 5<\/strong>, the right to due process under the law; Amendment 4<\/strong>, the right against illegal search and seizure; and of course the coveted 1st Amendment<\/strong>, the freedom of speech. Given how many of Joe Francis\u2019 constitutional right have been violated in this ordeal, why should any of us have any expectation that the constitutional rights supposedly afforded to us will actually be upheld?<\/p>\n

One of the \u201cgood ol\u2019 boys\u201d who became a noisy critic of Francis during his legal situation is Bay County Florida State Attorney Steve Meadows. Meadows spoke a lot to the press about Francis while he was up for reelection; but the fact is, he relentlessly pursued Francis from 2004 until 2008, when he lost his bid for reelection (largely, it is thought, as a result of the crimes he committed during his reckless and illegal prosecution of Joe Francis). Meadows was subsequently sued by 3 former employees for sexual harassment. The state agreed to settle the case in favor of the former employees.<\/p>\n

Meadows is a democrat, but was supported politically by none other than republican Judge Richard Smoak and several of his ex-law partners — attorneys who sued Francis for millions of dollars in a civil case overseen by Richard Smoak. The maximum donation an individual can donate to a candidate in a local Florida election is $500. Among the individuals who contributed this maximum allowable amount for an individual of $500 to Steve Meadow\u2019s 2004 campaign for State Attorney was Judge Richard Smoak, Smoak\u2019s deceased wife Pamela and his daughters Kathleen Smoak and Amelia Smoak. Judge Richard Smoak is also listed as purchasing parade supplies, candy buckets, 4th of July stickers, Christmas parade supplies, and food for Meadows\u2019 campaign. As you may have guessed by now, other donors to Meadows\u2019 campaign include Franklin Harrison, Ross McCloy and Douglas Sale – the same ex-law partners of Judge Richard Smoak who filed the civil suit against Francis in which Judge Richard Smoak ordered Francis to settle the case or go to jail, and used the pressure of Steve Meadows\u2019 criminal prosecution of Francis to intimidate Francis into settling. These are the same lawyers who represented the Sheriff\u2019s department when Francis sued to recover his illegally-seized private jet, and who represented the Sheriff\u2019s department in the original First Amendment suit brought by Francis. (2004 Steve Meadows General Election Contributors<\/a>).<\/p>\n

In October 2007, Joe Francis\u2019 famed defense attorney Roy Black filed a motion to dismiss the criminal charges against Francis based on prosecutorial misconduct on the part of State Attorney Meadows. According to the 62-page motion, Meadows “violated Florida\u2019s professional code of conduct and infringed on Francis\u2019 Sixth Amendment U.S. Constitutional right to a fair trial” by making extensive disparaging comments about Francis on a VH-1 television program entitled \u201cThe Rise and Fall of Joe Francis.\u201d<\/p>\n

The motion noted that Meadows violated both the rules of the Florida Bar and Francis\u2019 Constitutional right to due process by proclaiming Francis guilty of \u201csmuggling drugs\u201d into the jail (actually, Francis\u2019 legally prescribed medications) before Francis has even been tried on such charges; and claiming there was other evidence that would prove Francis was guilty – though Meadows failed to mention that the supposed \u201cevidence\u201d had already been thrown out because Sheriff deputies had lied under oath to obtain search warrants. <\/p>\n

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