Florida Political Probe

TO: The Hon. Jeb Bush, Governor of the State Of Florida

RE: Petition for an executive order appointing a Special Prosecutor to investigate alleged misconduct of public officers and employees in Pinellas County, relating to the 2004 election for Sixth Judicial Circuit Court Judge, Group 18, and to empanel a grand jury

There is significant evidence that public officers and public employees of Pinellas County engaged in unlawful political activity during the 2004 election campaign of Pinellas County probate court judge George W. Greer, wrongfully using their positions and taxpayer funds to influence a judicial election and ultimately the outcome of the Terri Schindler Schiavo case.

GUBERNATORIAL AUTHORITY

1. Under Article IV, Section 1(a) Florida Constitution, the governor is vested with supreme executive power. Further, the Governor shall take care that the laws be faithfully executed and commissions all officers of the state and counties.
2. Under the general law of the state, the governor may, by executive order filed with the Department of State, assign state attorneys one of more specified investigations, cases or matters. Specifically, Section 27.14(1) Florida Statutes provides if any state attorney is disqualified to represent the state in any investigation, case or matter pending in the courts of his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases or matters specified in general in the executive order of the Governor.
3. Under Section 27.03, Florida Statutes, the state attorney has the key legal role in conducting the affairs of grand juries.
4. 27.03Duties before Grand Jury---whenever required by the grand jury, the state attorney shall attend them for the purpose of examining witnesses in their presence or of giving legal advice in any matter before them and he or she shall prepare bills of indictment.
5. As a lawyer, the state attorney is bound by the Rules of Professional Conduct, Chapter 4 of the Rules Regulating the Florida Bar. These rules include 4-1.7 on Conflict of Interest and Rule 4-1.10 on Imputed Disqualification.

In this matter of alleged official misconduct, it is mandatory that a special prosecutor be assigned to investigate this matter as Bernie McCabe, state attorney for the Sixth Circuit, is directly and personally involved in the matter and would be a subject of the investigation as well as an employee of his office, therefore Mr. McCabe has a prohibited conflict of interest and must be disqualified.
As Governor, you frequently issue executive orders appointing another state attorney to investigate and prosecute cases free from the taint of appearance of conflict of interest or impropriety.
Good and sufficient reason exists for the Governor to determine that the ends of justice would be best served by assigning another state attorney to investigate the alleged improper use of public office, public funds and government property to influence the outcome of a judicial election and ultimately the outcome of the high profile Schiavo case.
A public office is a public trust Section Article II, 8(a) Florida Constitution. Moreover, the people shall have the right to secure and sustain that trust against abuse.
The issue at hand involves official misconduct in Pinellas County related to the judicial election of George W. Greer during 2004 and in particular, the Primary of Aug. 31, 2004 as it relates to his political commercial aired on television between Aug. 9, 2004 and Aug. 30, 2004.
The matter involves some or all of the following acts or omissions: Abuse of the pubic trust (Art. II, Section 8(a) Florida Constitution, breach of the public trust for private gain and inducing others to breach the public trust for private gain (Art. II, Section 5, Florida Constitution) violations of Floridas Code of Ethics including but not limited to Section 112.313(2) FS, 112.313(6) and 112.317 and other potential violations of Florida Statutes.

SPECIFIC ALLEGATIONS

On or about July 2, 2004, a political commercial promoting the reelection of George W. Greer to the office of Sixth Judicial Circuit Court Judge, Group 18, was filmed on government property, a courtroom in the Pinellas County Courthouse. Participating in the political activity on governmental property in uniform, allegedly while on duty, was William Cunningham, a deputy with the Pinellas County Sheriffs Department. Deputy Cunningham engaged in the political activity with the full knowledge and consent (and perhaps order) of Sheriff Everett Rice, according to Marianne Pasha, PCSO public information officer, and according to payroll records, was paid with taxpayer funds for doing so. Deputy Cunningham appeared in the political with a government-owned vehicle, a Pinellas County Sheriffs Department patrol car.
Also appearing in the political ad with their names and positions identified in writing on the screen were James Hellickson, assistant prosecutor in the office of Sixth Circuit state attorney Bernie McCabe and Paula Shea, assistant in the office of Sixth Circuit public defender Bob Dillinger, allegedly unlawfully using the influence of their titles and positions to attempt to influence a judicial election.
Also appearing in the political advertisement, allegedly improperly, were court officers and employees of the Sixth Circuit, names unknown.
Elected public officers Everett Rice, Bernie McCabe and Bob Dillinger in addition to William Cunningham, James Hellickson and Paula Shea in addition to as yet unidentified court employees, knowingly, willfully and intentionally used the influence and power of their offices and positions and in the case of at least William Cunningham, with the use of taxpayer funds, to attempt to influence the outcome of a judicial election, in essence controlling a judgeship and controlling the outcome of the Terri Schindler Schiavo case at a time when Sheriff Rice and Prosecutor McCabe had steadfastly refused to perform the duties of their respective offices to investigate matters of alleged criminal wrongdoing in the Schiavo case.

The immediate assignment of a special prosecutor to investigate this matter is requested.