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Lots of troll bait today.
When Kari called me from the jail last night, using the inmate telephone prepaid debit account I had set up for her to call me, her mother, her lawyer, etc., she said she had remembered something.
After she was arrested and the state attorney picked up her case and initiated prosecuting her, the “victim”, Steven DeAtley, who had called 9/11 on her after she waved her boyfriend’s holstered unloaded pistol at him, and told him to leave her boyfriend’s home, because he wasn’t paying his rent, he was drunk, he had just torn up the refrigerator door, he was yelling at her boyfriend, who was yelling back, well, that nice man told Kari he didn’t want her to be prosecuted.
As previously reported by me in the the law is a darn jealous mistress, Plantation Key Alcoholics Anonymous Court sitcom, Poinciana Elementary School segregation alive and well, and other ordinary and ethereal redneck mystic romances and mission impossibles, reported at goodmorningkeywest.com at goodmorningkeywest.com, Kari told me assistant state attorney Jonathan Raiche had a hard time getting DeAtely deposed, in fact, the civilian process server said in court one day that he could not find DeAtley to serve on him the deposition subpoena. Later, after Kari pleaded no contendre (I don’t admit or deny the charges), her probation officer lamented that she couldn’t find DeAtely, whose sentiments on any tinkering with Kari’s probation or sentence by the probation office, the court and the state attorney office would need because of the nature of the crime: aggravated assault.
As also reported by me, Kari told me she told her lawyer Matthew Matteliano, before the jury was struck, to ask the assistant state attorney Jonathan Raiche if he had his witnesses ready to testify, and Raiche said he knew where DeAtley was. But DeAtley was not in court for the jury to look at him, for judge William Ptomey to look at him when the potential jurors were asked if they knew DeAtley, for if any juror knew him, that would be cause for striking that juror. Instead, Judge Ptomey asked the jury venire if they knew Steven DeAtley, and no member of the venire said yes.
But, where was DeAtley? Kari said again last night, she thought Raiche did not have DeAtley to testify. Kari and I wondered if Raiche was running a bluff, or was going to try to use DeAtley’s deposition as his testimony, which former state attorney Dennis Ward told me the other day, he did not think Raiche would get away with before Judge Ptomey, unless there was darn good reason for using a deposition, instead of the live victim/witness Kari had a right to confront in front of the jury. (Amendment VI, US Constitution)
Now, if I had been Kari’s Florida lawyer in good standing, after the jury was struck and Raiche starting making plea offers for Kari to take, I would have told Kari to wait, don’t plead. I would have told Judge Ptomey the defense was ready to try the case, and Judge Ptomey would have told Raiche to call his first witness. And his next witness, as I waited to have at DeAtley when he was on the witness stand. If he ever got on the witness stand.
If DeAtely didn’t appear in court and get on the witness stand, I would have asked Judge Ptomey to dismiss the aggravated assault charge initiated by DeAtley calling 911. I would have asked Judge Ptomey to order his bailiff, a deputy sheriff, to take assistant state attorney Raiche into custody and put him in jail for contempt of court and malicious criminal prosecution, for telling the court he had DeAtley when he didn’t have him. I would have asked Judge Ptomey to report DeAtley to the Florida Attorney General, the Florida Department of Law Enforcement, and the Florida Bar Association Grievance Committee, in which complaints I would join as a co-complainant against Raiche.
That’s what a real lawyer would have done, if Raiche did not produce DeAtley after Judge Ptomey told Raiche to put on the state’s case against Kari, and Raiche did not have DeAtley to put on the witness stand.
Now if Raiche did produce DeAtely and put him on the witness stand and use him to try to persuade the jury to convict Kari, on cross-examination I would have asked DeAtley how long he’d known Kari Dangler? I would have asked DeAtely if he and Kari had been an item, boyfriend and girlfriend, before Kari got with her boyfriend who was DeAtley’s landlord? I would have asked DeAtley if, before he moved into the home of Kari’s boyfriend, where Kari lived, if he had agreed with Kari and her boyfriend that he, DeAtley, would not hit on Kari, try to get her to have sex with him?
Knowing Kari knew he had agreed to that condition, and that he had been her earlier boyfriend, and that she would testify behind him, if she took the stand, and that he would commit perjury, a felony, if he didn’t tell me the truth, DeAtley would have been hard-pressed to say no to my questions. Even as I imagine assistant state attorney Raiche would have objected to my questions and Judge Ptomey would have overruled Raiche’s objections, because my questions were germane to the charges of aggravated assault and DeAtley’s motives and truth and veracity.
That behind me in the cross-examination, Raiche caught totally by surprise, but not DeAtley, I would have asked DeAtley if he was drunk that night? So drunk that the deputies who answered the 911 call he made on Kari would not let him leave the premises, and made him sleep in his car in the yard of the home of Kari’s boyfriend? DeAtley would be hard-pressed to deny that, since he knew the deputies were there that night, and would testify, or already had testified, that was precisely what they did with him that night.
Then, I would have asked DeAtley just how afraid he was of Kari shooting him that night? Was he shaking in his boots? Was he peeing in his pants? Did his poop in his drawers? For assault is viewed by society as how the assaulted views the assault, not how the person committing the assault views it. DeAtleys knows, if Kari testifies, she will say when she waved the gun at him and told him he was told by her boyfriend to leave, that he laughed at her, then he went outside and dialed 911. That’s how afraid he was of her.
DeAtely also knows that Kari will testify, if she takes the stand, that he had been hitting on her, trying to get her to have sex with him, and that was another reason she went and got her boyfriend’s empty pistol, to get his attention and make him stop hitting on her, wasn’t it?
DeAtely also knows that Kari will testify, if she takes the stand, that her boyfriend had diabetes and was not prone to take his medication, and she was his nurse in that regard, and after she was put in jail, because of DeAtley’s 911 call, her boyfriend died, and DeAtley blames himself for that, and I tell him that and ask him if it’s true? And I tell him that Kari lived with her boy friend, and now she has no place to live, and if she is acquitted or convicted and given time served and put on probation, she will be homeless, right? She will be living on the street, right? Because he called 911, right? When he was not afraid of being shot by her, but thought it was funny and he laughed at her, right?
I imagine assistant state attorney Raiche would have continued objecting to my questions to his witness, and I imagine Judge Ptomey would have continued overruling Raiche’s objections, because a defendant in a criminal prosecution is granted wide latitude to go into the prosecuting witness (victim’s) motives and prior behavior with the defendant, and the prosecuting witness’ state of mind (drunkenness) at the time of the alleged assault.
Then, I would have asked DeAtley if he wished he had not called 911? And if he wished the state attorney had not prosecuted Kari? And if he wished the state attorney would drop the charges against her now, because he was no more afraid Kari would shoot him, than he was afraid the sun would not rise the next day?
Then, i would have reminded DeAtley that he was dead drunk that night, and if he was dead drunk, how did he remember that Kari pointed a pistol at him that night? And, did he expect the jury to take the word of man the deputies would not let leave the premises that night because he was so drunk?
I imagine right about then, Raiche would have asked Judge Ptomey if the attorneys could approach the bench, and Judge Ptomey would have motioned Raiche and me forward, and Raiche would have whispered to the judge that he meet with the attorneys in chambers, out of the sight and hearing of the jury. And then the real fun would have begun.
That’s how any real lawyer would have done it.
Or, a real lawyer would have gotten all of that into DeAtley’s deposition, to persuade assistant state attorney Raiche that he had a bad case and he should ask the court to dismiss the aggravated assault charges against Kari. And, if Raiche had not done that, a real lawyer would have asked Judge Ptomey to read DeAtley’s deposition, and dismiss those charges against Kari. All to cause DeAtely to either come forward and ask for the charges to be dismissed, or to cause DeAtley to disappear himself. I imagine DeAtley would have understood that was suggestion I was sending him during his deposition.
What does this retrial of Kari’s case say about assistant public defender Matthew Matteliano, who got drunk and drove his car on US 1 and recklessly actually endangered who knows how many people before he lost control and drove his car into the mangroves and the ocean? Matteliano fought that case for 3 years, and pleaded out to a lesser charge 5 weeks before he threw Kari under the bus, after, she told me, telling her the state attorney would not let her boyfriend testify in her behalf, because he was too close to her, could not be expected to tell the truth.
Baloney, I said last night, after Kari told me about that again. No way state attorney Raiche could stop Kari’s boyfriend from testifying. What Raiche could do was cross-examine Kari’s boyfriend, but, oops, her boyfriend was dead by trial date. If he had been deposed, I bet Judge Ptomey would have let me introduce that deposition into evidence, since state attorney Raiche was at the deposition and had a chance to cross-examine Kari’s boyfriend. if her boyfriend was deposed.
I don’t know what will happen to Kari on Wednesday before Judge Ptomey, regarding her violating her probation a second time, by drinking vodka again. But I know for a fact that Judge Ptomey, Johathan Raiche and Matthew Matteliano are standing trial in their Maker’s court, along with Kari, and me.
Matthew Matteliano, above, on his Facebook page
Judge William Ptomey, above, from Google image
Jonathan Raiche, above, on his Facebook page
Meanwhile, Mother Nature courtrooms …
Letter to the editor in yesterday’s Key West Citizen (www.keysnews.com), my interjected thoughts in bold italics – I added pic:
Saturday, May 23, 2015
What will happen when the plant opens
We are approaching the end of the deep or shallow wastewater disposal debate in the Lower Keys. Once the Cudjoe plant opens and septic systems are abandoned, there is no turning back. The economics and politics of delay are considerable. Will those at the ribbon-cutting ultimately admire or regret the decision?
The long discussion at the May BOCC meeting is enlightening. Commissioner (Slyvia) Murphy asked Chris Bergh, the Nature Conservancy’s South Florida Director “…Is it better for (wastewater) to go into the shallow wells while the deep well is being built or is it better to wait for the deep well …?
A nice way of asking, which is worse, opening the new plant now, or not opening it until the deep injection well is built and operational?
Mr. Bergh responded, “…We think based on the studies that (injected water) will come up. I’d go so far as to say we know it is going to come up.” He went on to say, “… some of it will rise to the surface and rise through the pollution that is in the groundwater under the landfill,” and “The devil we know I think in this instance is better than the devil that we don’t know.”
“I think we’re talking about injecting AWT at very significant volumes into these shallow wells. “
The Draft Environmental Assessment for Cudjoe was recently supplemented with actual tests by Dr. Briceno, an FIU professor who said, “We know that if we inject water into those shallow wells it will boomerang back to the surface. That’s a fact. And those (injected) waters are going to interact with whatever is in the surface environmental conditions.”
He went on to say, “How much are we going mobilize what’s under that landfill? That landfill and whatever is down there is the devil we don’t know. It’s like a dragon under the landfill.”
This question (dragon) should have been stared down at the very beginning, years ago, when the Cudjoe Regional Sewer System was in the design stage. That the dragon was not faced then is a testament to the county commission’s and county staff’s, Florida Keys Aqueduct Authority’s (FKAA) and Florida Department of Environmental Protection’s, er, Destruction’s (FDED) true concern for the environment. As is the county’s widespread use of fraught with environmental danger E-1 grinder pumps in Cudjoe Regional. Years ago, the entire county was charged by the Florida Legislature with sewering the Florida Keys, because septic tanks and cess pits were leaking human waste into the water table, which raw waste was making its way into the coastal waters, and then into the ocean, and, yep, damaging the reef, not to mention affecting the fish and sea vegetation and making the ocean a breeding ground for lethal bacterial. For years, the county commission, in various personages, dragged its feet, hollered about not having the money to sewer the Keys. When the money finally started coming in,from Tallahassee, the county commission had staff and FKAA design the cheapest sewer system FDED would allow for Cudjoe Regional. That cheap design included shallow F-1 grinder pumps galore, instead of gravity fed sewer lines, and shallow injection wells, instead of a deep injection well. So far, the county commission and its Mother Nature raping allies has mostly gotten away with using F-1 grinder pumps galore, but maybe the dragon under the county land fill did not get loose – yet.
Jan Edelstein, a former Congressional staff attorney who worked on Superfund cleanup legislation, reminded commissioners of the federal guidelines for closed landfills. The contaminants must be contained and the ground not disturbed. She also reminded commissioners that the county owns the landfill and regardless of who constructs and operates the wastewater plant, the county is responsible for the impact.
A lot of chips are on the table.
For some time now, when I see Bill Hunter,
I try to persuade him to run for the county commission, against George Neugent, now in his 5th term as county commissioner.
I ran against George in 2006 and 2010, and was handily defeated, which told me just how much most Florida Keys people care about protecting the ocean and the reef and the other sea creatures and vegetation. So far, Bill demurs to George, who, of all the county commissioners, ought to know better, because he once was in the oil exploration and drilling business, he knows about digging wells and pumps, but he led the charge for the E-1 grinder pumps and shallow injection wells in Cudjoe Regional. I’d like to blame that on George being a Republican, but I can’t, because there are Democrats on the county commission, too.
More scientific version of Bill Hunter’s article, which showed up yesterday in Key West the Newspaper (www.thebluepaper.com).
The South Florida Conservation Director of The Nature Conservancy and two eminent Florida Keys National Marine Sanctuary scientists called on the BOCC to delay using the shallow wells at the Cudjoe Regional Wastewater plant.
Describing the current system of septic tanks as the devil we know, The Nature Conservancy’s Chris Bergh told the Board of County Commissioners at its meeting on May 20, 2015, “The devil we know is better than the devil that we don’t know…based on these studies the AWT [effluent] is going to come up….There will be an impact on the environment…go for now with the devil that we do know and do not inject wastewater into these shallow wells.”
Instead of going to court, Dr. Briceno told the BOCC “you must make sure we have an ecological assessment of Cudjoe Key we can use for evaluating potential impacts”.
Expanding on Mr. Bergh’s comments, Dr. Henry Briceno explained: “We are in a situation that we have to select from bad or worse. The well-known devil is that of the septic tanks which have crippled water quality in canals and marine waters close to shore for years, with not only nutrient and fecal matter, but with chemicals of all kinds…….We do not know for certain how the biodiversity and water quality is already impacted from those juices coming out of the unlined landfill. In what conditions are the fisheries, mangrove forests and seagrasses around the treatment plant? What would be the added damage? Will the system go beyond the point of no return? .. We simply do not know,… This is the unknown devil, the dragon under the landfill.”
Speaking as a member of the scientific community, Dr. Briceno described what he learned by performing the tracer-dye study for FKAA at Cudjoe Regional. “We know that if we inject water in those shallow wells it will boomerang back to the surface. That’s a fact. And those waters are going to interact with whatever is on the surface environmental conditions…which unfortunately on Cudjoe Key we don’t know.” Dr. Henry Briceno also serves at the Principal Investigator for the Florida Keys National Marine Sanctuary’s Water Quality Monitoring project.
Dr. Jim Fourqurean, speaking as a member of the scientific community, described the impact of the freshwater AWT effluent in the Florida Keys marine environment: “We know that phosphorous will be liberated from the rock if we pump all this fresh water down into the subsurface. We know that the phosphorous is going to come to the surface. We know that if you put any phosphorous in the water anywhere in south Florida you …change the conditions of the turtle grass and corals that we value in south Florida. Dr. Fourqurean also pointed out that although the effluent is treated to Advanced Wastewater Treatment standards (AWT), it still has 100 times more phosphorus than nearshore waters, even before it liberates phosphorus from the subsurface limestone.
Dr. Fourqurean continued: “You are taking a system of bad septic tanks that is distributed across the entire region. You’re collecting it into a single point source, you are concentrating the problem. Although septic tanks are bad, shallow well injection could create much worse problems at this point source on Cudjoe Key than we’re now generating.” Dr. Fourqurean also serves as the Principal Investigator for the Florida Keys National Marine Sanctuary’s Seagrass Monitoring project.
Asked by Mayor Kolhage to explain why DEP has been permitting shallow wells, Dr. Fourqurean replied, “I think they are looking at the wrong rules….The standards actually say that the discharges must not cause an imbalance in the flora and fauna of outstanding Florida waters. We know that if you put any phosphorus in the water anywhere in South Florida you create an imbalance.”
Dr. Briceno urged the BOCC to speed up the deep well. “… whatever you decide, … you must speed up the dream of that deep well. Bring an oil company that can drill more than 3,000 feet in two months or less. And try to make the permitting agencies speed up their processes. ….We cannot wait 2½ years.”
In July, 2014, The Cudjoe Gardens and Sugarloaf Shores property owners associations, representing approximately 500 property owners, and Mike Laudicina and Don DeMaria, local commercial fishermen, challenged the FDEP draft permit which allows FKAA to operate Cudjoe Regional using only shallow wells. Although FKAA agreed in March, 2015, to build a deep well, FKAA intends to use the shallow wells during the 2 years or more FKAA predicts it will take to build the deep well. FKAA predicts it will dispose of 300,000 gallons per day in one year, and 550,000 gallons in two years. The legal challenge continues. “Don’t flush the dump,” said Larry Francisco, President of Cudjoe Gardens Property Owners Association.
To view the video of this part of the BOCC meeting, go tohttps://dl.dropboxusercontent.com/u/66876295/BOCC_ITEM_O_11_20150520_VOD.WMV?dl=1
Moving laterally …
Letter to the editor in today’s Key West Citizen (www.keysnews.com), my interjected thoughts in bold italics:
Sunday, May 24, 2015
Wants city commission to help save reefs
Wants city commission to help save reefs
In the midst of the recent brouhaha concerning the Chamber’s attack on the Sanctuary, we are disheartened by the Key West City Commission’s lack of vision in regard to developing positive programs to heal the damage to our marine environment.
In voting 3-to-1 against dredging and against the Chamber, the citizens of Key West sent what we regard as a clear message that they, and we, expect the Commission to stop pursuing programs that put short-term economics in front of long-term preservation of our birthright.
Instead of developing empty protests, there are a number of programs that could use positive support. Certainly developing a systematic view, leading to a comprehensive program toward the point that water quality is an issue that goes to the very existence of Key West seems like one such (sic. obvious) program. A systematic effort that addresses the degradation of our reef rises to the same level. Indeed, it could be said that we are here because of our reef.
In respect to the reef, there has been no activity or comment, let alone action. This, despite the presence, right here in the Keys, of dramatic progress in reef restoration. That progress is being lead by Dr. David Vaughan and the folks at Mote Marine Laboratory. It consists of a process of micro fragmentation of indigenous corals that appears to yield increased vigor and the ability of corals to grow quickly and restore whole reef systems. It holds the promise of accelerating Darwinian selection of heat tolerant strains. It can provide technical, good paying jobs. And it can develop a home grown expertise and technology that we can export to other areas where coral reefs are under pressure (like the entire rest of the world).
We are forced to find out about this by reading The New York Times. Or by following the resulting actions of international environmental groups. Or perhaps watching PBS or German TV. Our simple question is “Where is the City Commission?” Waiting for the Chamber to opine?!
The opposition to any regulation of the fishery at all is an age old story; one that the FWC and NOAA deals with all the time. And we have come to expect the small number of people that control the Chamber to advance their pedestrian interests regardless of the impact on the people of Key West. But the Commission is supposed to represent Us. It is supposed to care about Key West. And amid budget discussions and tax calculations and personnel issues there is the issue of our future. On that last little point, we, the citizens, have made our views clear.
Directors, The Florida Keys Keeper, Inc.
This sounds great, but, my goodness, Frank, Steve and Will, why did you three, and your brother Jolly, Will, drop off the map after you, Will, and Jolly, led the charge to crush the bring in bigger and more cruise ships referendum 3-1 in 2013? You knew then, you know now, the dirtiest, worst possible cruise ships are calling on Key West, and have been for decades. You know those sea-killing monsters dump their sewerage and food scraps overboard outside the reef. You know that is contributing to killing the reef.
Why come you do not write indignant letters about that in the Citizen? Why come you do not attend Key West city commission meetings, and during citizen comments give the mayor and city commissioners what for about cruise ships, on local TV? I don’t know what you are keeping in the Keys, but being quiet about cruise ships ain’t endearing you to Mother Nature, and, my goodness, you know it ain’t smart to piss her off!
Yesterday, from a vicious van dweller criminal snowbird amigo yesterday (snowbirds hang out down here in the winter, then heads north for the summer):