everything’s gonna be alright someday, meanwhile, lots of conflicts of interest down here in paradise …

“Paradise”

All fig leaves burn
All ugly seen
All pain loved
All truth beauty
All people one
All time now

Adam and Eve

The angels and their helpers, unwitting and volunteer, keep providing morsels for my daily ravings, which begin today with this from Rick Boettger re yesterday’s a few more macabre roadside attractions, in Key West post at goodmorningkeywest.com:

Rick Boettger

Great posting, Sloan!  I think you’re getting the hang of this blogging thing ?

kw-citizen.jpgnorth-roosevelt-crosswalk

I replied:

 Back down to earth …

Michael Kineer Sippin'

I have published many times that, in my present vagrant state, no place inside to live, thus no wi-fi where I lay down  my head at night, I have reverted to “broadcasting” goodmorningkeywest.com daily from Sippin’ Internet Café, on Eaton Street, between Duval Street and Tropic Cinema. That’s owner Michael Kinneer, on the right.

Once upon a time, Michael was a lawyer in the land of northern aggression, Columbus, Ohio. Like me, he eventually wended his way to Key West, to try something different. His reasons and mine were totally different, but we met because it was the angels’ who run things behind the scenes design that we meet.

Recently, Michael’s cook at Sippin’ had a stroke and is struggling with that. We are hoping it is not a really serious stroke, that she makes a good recovery. My father made a good recovery from his stroke.

Michael, who went to a Cordon Bleu cooking school during his “other life”, was cooking on weekends, when his cook had time off. Now Michael is cooking full time.

I don’t know why Michael likes me, reads my daily howlings, as does his mother up in North Carolina, he has told me, and that she used to teach school and she said I am a very good writer. I suppose there are people who would argue with that.

Anyway, Michael has been cooking my breakfast every day, and often as not he cooks up something extra special, without telling me he is doing it.

After an extra special egg, cheese and spinach sandwich the day before yesterday, I told Michael I’m the best, most exotically fed homeless person in the world. He chuckled.

After biting into Michael’s extra special Italian omlet today, basil, garlic, tomatoes, mozzerella cheese, I jumped up out of my chair and raced back to the kitchen and told him, “If you keep this up, I will have to divorce Kari and marry you!”

Michael laughed. Asked, “You are married?”

“Based on the dreams Kari and I both have, yes. But no judge would ever accept that into evidence,” I said.

Ha, ha.

Kari & Sloan at Ft. Zach 12

Now that I have dragged Kari into this, it’s time let you in on the latest in her probation violation case going on in the Plantation Key courthouse, between Islmorada and Key Largo.

Where to begin?

Kari was transported up there Monday night in a sheriff prisoner van for a hearing Tuesday morning before Judge Garcia, at which several items were on the table.

The charge that Kari had violated her probation by getting two different KWPD trespass charges against her. The 2nd charge the State Attorney had already dropped due to lack of any landowner wanting to prosecute, even knowing anything about the trespass. That arrest got Kari put in jail and caused Probation Officer Cindy Montgomery-Snow to violate Kari’s probation. Officer Montgomery-Snow had been sitting on the first trespass charge, since it was only a citation to appear in local court.

After violating Kari’s probation, Officer Montgomery-Snow told me that she wrote a letter for the Plantation Key Clerk of Court to put into Kari’s file. The letter recommended Kari’s probation be cancelled, because Kari was homeless, she was banned for life from Key West’s homeless shelter, and she would only keep being arrested and jailed for mere homeless offenses. Officer Montgomery-Snow asked the Court to adjudicate whether or not Kari had violated her probation, and sentence her if she had, and let that sentence be the end of her case as far as the local justice system was concerned.

That letter was before the Court when Kari was transported to Plantation Key Monday night. Kari and I are hoping the other trespass charge will be dismissed by the State Attorney, or by Judge Miller, in Key West, for the same reason the State Attorney dismissed the 2nd trespass charge: no property owner made a complaint against or wants to prosecute Kari; it was KWPD’s doing without any request from the property owner.

If both KWPD charges, the bases for Kari’s probation being violated, have been dropped by the State Attorney, or dismissed by a judge, what basis was there for Kari’s probation violation?

Matthew Matteliano

Matthew Matteliano

Also before the Court this past Tuesday morning was a motion to be allowed to withdraw from representing Kari, filed by her longtime assistant public defender Matthew Matteliano, whom I have crucified numerous times at goodmorningkeywest.com, for not using what looked to me like two perfectly good defenses, Florida’s Stand Your Ground Law, and self-defense, to defeat the State Attorney Offices charges that Kari had committed felony aggravated assault without intent to kill, with a weapon, to wit, an unloaded Colt Python revolver, in its holster, to try to end a violent argument between her elderly boyfriend, about my same age, I’m 74 now, with whom she lived, and a younger man, who was a tenant in that home.

The two deputies’ incident reports indicated nothing about that argument, other than one of the two deputies told the “victim” to not come back to the house to pick up his belongings without first calling the owner and making arrangement to do that.

It was noted in the incident reports that both the victim and Kari were drinking. Kari told me the man was so drunk that the deputies told him to sleep it off in his car, then leave and not come back without first making arrangements with the property owner, Kari’s boyfriend.

The incident reports indicated a woman had called 911. The only woman in the home was Kari.

The incident reports indicated one of the deputies had asked the “victim” if he wanted to prosecute Kari?, and he said no.

The incident reports indicated the “victim” told the deputies Kari had pointed the gun at him because he had hidden her vodka. When I told Kari about that, she said that was the first she’d ever heard of it.

Kari also was prosecuted for admitting to the deputies that the spent cartridge in the otherwise empty revolver was from when she had used it sometime before to shoot at a loud frog in her boyfriend’s swimming pool.

I told Kari, any freshman law student in my class at the University of Alabama School of Law could have won that case before a jury, arguing stand your ground and self- defense with an unloaded pistol.

I told Kari, Matthew Matteliano should have mounted the same defenses.

I told Kari, Matthew Matteliano should have told her that he himself was being prosecuted for driving drunk and losing control of his car on US 1 and driving the car into the mangroves and water.

I told Kari Matthew Matteliano should be disbarred for the way he did not defend her, and he should have been put into prison for driving a deadly weapon, his car, in that manner on US 1 and putting no telling how many people’s lives at risk.

But Matthew Matteliano was a member of The Lawyer Brotherhood, so his skilled private lawyers and the State Attorney and the judge in that case just naturally let Matthew off light, for doing something far worse than Kari did when she was drinking vodka. She drank it all the time back then. As might you, if you had been her.

Keep reading.

Also before the Court when Kari was transported to the Plantation Key jail Monday night was a handwritten To Whomever It Might Conern letter to the Clerk from Kari, copied to the State Attorney and the Public Defender on Plantation Key, stating several things.

One item in the letter was, Kari understood Matthew Matelliano had filed a motion to withdraw as Kari’s lawyer, because he had a conflict of interest. Kari wrote that she had no objection to Matelliano withdrawing, she wanted it to happen; they had not gotten along from the start; she had recently tried to fire him but Judge Ptomey on Plantation Key had not let her do it.

Another item the letter was, Kari wished to plead not guilty at the arraignment to the  charges of having violated her probation.

Another item in the letter was, the last time Kari was before Judge Garcia in her case, he was just sitting in for Judge Ptomey and he continued the case, he told Kari he never wanted to see her face before him in court again.

Also, Judge Garcia years before had presided over Kari’s divorce and child custody case. So if he was going to be the judge who presided over her probation violation case, instead of Judge Ptomey, who was said not to be handling criminal cases any more, Kari wanted Judge Garcia to recuse himself and for an impartial judge to be assigned to preside over her case.

The backstory was, Judge Garcia had awarded custody of Kari’s young daughter to Kari’s ex, the child’s father, even though there was solid evidence in the case that the father was playing shower sex with the child. Kari was accused of being a drunk.

I told Kari, a judge who awarded custody to the father with that kind of evidence in the case should be disrobed; the judge should have awarded custody to the Florida Department of Family Services.

Kari said, when she went before Judge Garcia Tuesday morning, he granted Matthew Matteliano’s motion to withdraw as Kari’s lawyer, due to conflict of interest. What the conflict of interest was, Kari said was not explained in the courtroom when she was there.

Kari said, Judge Garcia said a new lawyer would be appointed to represent Kari.

Judge Garcia continued the rest of the case to December 6, which just happens to be Kari’s birthday.

Kari asked Judge Garcia if he had seen her letter to the Clerk? Yes, he said.

That was what Kari knew when she was transported back to the jail on Stock Island later Tuesday.

When Kari called me that night, she said she still didn’t know what the conflict of interest was, but she was glad she was finished with Matteliano. She said she wondered who her new public defender would be? She asked me to call Sam Kaufman, who represents her in the 1st trespass case in Key West, the citation to appear in court, and bring him up to date.

Sam is a friend of mine and my lawyer. He had offered to represent Kari for free. Sam also is a Key West city commissioner. He had told me there was no conflict of interest, because the trespass charge was a state offense, not a City of Key West offense.

The next morning, Wednesday, yesterday, I called the Plantation Key Public Defender and told the receptionist my name and that I was calling for Kari Dangler, who is in the county jail, to find out who will be her new assistant public defender? Nobody in this office, Kari’s case was assigned to the State Regional Counsel, Patrick Stephens, to defend, the receptionist said. I said I had never heard of the State Regional Counsel. The receptionist said they handle cases when the Public Defender cannot. Oh, thanks for elucidating my ignorance, I said.

While I have you on the telephone, I wonder if you can tell me the nature of the conflict of interest Matthew Matteliano had, which caused him to file the motion to withdraw from representing Kari? No, that’s confidential, the receptionist said. How can it be confidential when the motion was filed in the Clerk’s office? It’s a matter of public record. I’m not going to discuss that with you, she said.

She said Kari knew Patrick Stevens had been assigned to represent her, Kari was told it in the courtroom. Matthew and Patrick were there. Patrick spoke there with Kari. Then he came to our office with Matthew. Don’t let Kari fool you, the receptionist warned me. I asked, you were in the courtroom? I was going to say she did not know what had happened in the courtroom, if she was not there herself, but she hung up.

Hmmm.

I called the Plantation Key Clerk of the Court and gave my name and asked for the clerk of the criminal division. The woman who had answered said that was her. I asked if she could look at Matthew Matteliano’s motion to not represent Kari Dangler any longer and tell me if the nature of the conflict of interest was explained in the motion? No, I’d have to get the motion myself. But I’m way down here in Key West. Sorry, she said. But she could transfer me to the Patrick Steven’s office. His secretary is Lia. Thanks, I said.

A receptionist answered. I asked if she was Lia? Yes. I told her my name, that I had practiced law in another state and was calling for a friend, Kari Dangler, who is in the Stock Island jail. I said I had just learned from the Public Defender Office that Patrick Stevens is now representing Kari. Yes, we just got the transfer, Lia said. Patrick will file discovery to the State Attorney immediately. He needs to talk with Kari. He will come to see her. Down to the Stock Island jail?, I asked. Well, no. It will be a telephone conference. Kari needs to call me and I will look at Patrick’s calendar and find a time that works for him and Kari, Lia said.

I said, I know things about the case that Patrick should know, which I can tell him and he just listens; that will not violate his confidential duty to Kari. Lia said, Patrick will not speak with you before he speaks with Kari. Okay, I said. I will give Kari your telephone number when I visit her in the jail later today, and she will call you from the jail about the appointment with Patrick and to tell you it’s okay for him to speak with me and Sam Kaufman, who is representing Kari in one of the trespass cases down here, which caused Kari’s probation to be violated. That will be good, Lia said.

You are Patrick’s secretary as law, I asked? Yes, and I work for the State of Florida, Lia said. As does Patrick. He also in in private law practice, but in Kari’s, case he is a state employee. I’m glad you two are on the case, I said. Kari never did like Matthew Matteliano, she had tried to get Judge Ptomey to remove Matthew and Judge Ptomey had declined. Now Matthew and Judge Garcia have removed Matthew from representing Kari. She had been hoping to get a new lawyer she feels good with.

I told all of that to Kari when I visited her in the jail yesterday afternoon. She said nobody had said anything to her in the courtroom, but Judge Garcia, when she asked him if he had seen her letter? She was glad to learn she is no longer represented by the Public Defender, and had Patrick Stevens, Assistant State Regional Counsel, 3rd District, is representing her. She said she would call Lia.

When Kari  called me later yesterday, she said Lia had told her that Matthew Matteliano’s conflict of interest came about when he was assigned Mary Love to defend. What? Are you serious? I asked. Yep, Kari said.

A while back Kari was transported up to Plantation Key for a hearing, and an inmate, Mary Love, also was transported. And a 3rd woman inmate. Kari told the guard that Love had been causing lots of trouble in the jail, attacking women inmates. She’d been put in lock down. And into the bubble. She was crazy. She should be in a mental ward. Kari told the guard to put Love in her own secure part of the transport van. The guard said they were all chained in, there was no danger. Off they went.

First, love attacked the 3rd female inmate. Then she got a hold of Kari, and finally got Kari’s thumb in her mouth and tried to bite it off. I later saw the wound. It was bad. The men prisoners in the compartment between the women and the driver were yelling at the driver about what was going on in the women’s compartment. The driver kept driving. When they reached the Marathon jail and stopped to let off some prisoners there, Kari and the men were yelling at the driver about what was going on in the woman’s compartment. The driver did nothing, got back into the van and drove it to Plantation Key, where Kari filed charges against Love. Criminal charges. Assault and battery.

Kari told me that Lia told her that is the same case Matthew Matteliano was given to defend Mary Love. He was given the case while he was still Kari’s attorney of record. Kari is happy with Matteliano not being her lawyer any more, but she is not happy if he is defending Love in charges filed against Love by Kari.

I told Kari that I cannot imagine how it is possible for Matthew to represent Love in the case Kari filed against Love, which the State Attorney is prosecuting. Even if Matteliano is no longer Kari’s lawyer, he had been her lawyer in the past, and now he is defending the woman who attacked Kari when he was Kari’s lawyer?  That’s a conflict of interest itself, I said. I can’t imagine any judge going along with it.

I also told Kari I needed to verify that indeed is the case Matteliano is defending for Love. She may be facing other charges. She is from up Plantation Key way.

I called the Plantation Key Publican Defender Office this morning and asked if that Matthew Matteliano was defending the woman who had attacked Kari in the sheriff’s van? The receptionist said she would not tell me and hung up. I called back, said I want to speak to your supervising officer. She said that wasn’t going to happen and she hung up.

I got the same reply from the Plantation Key Clerk of Courts, and from the Clerk of Courts in Key West, and from the State Attorney. They will not tell me on the telephone. Go to the courthouse. But they did not hang up on me. They were courteous, just following the rules.

I cannot find out online?, I asked the clerk of the criminal court in Key West? No. We don’t make that kind of information generally available online.

I will go to the Clerk of the Court in Key West tomorrow and try to find out if Matthew Matteliano indeed is representing Mary Love in the case in which Kari is the person Love assaulted and battered.

Meanwhile, I told Kari that maybe she needs to ask Patrick Stevens if he will try to get her original felony assault with an unloaded gun conviction set aside, because she had incompetent legal counsel. Kari said she was thinking the same thing.

Tom Milone, who sits on Key West’s Citizens Police Review Board, told me, after hearing about all of that from me last night, that maybe Kari should ask Patrick Stevens if he will try to get her original conviction set aside.

I dreamt last night that Kari needs to ask Patrick Stevens to do that.

Kari reminded me last night that, back when I was beating up on Matteliano at goodmorningkeywest.com, that Matteliano had reamed Kari out for violating attorney-client confidentially, by speaking with other people about her case, which Kari knew was horseshit, because it is the lawyer, not the client, who is bound by confidentially. The client can tell  anyone about her/his case.

This history of Kari’s case is what I will share with Assistant State Regional Counsel Patrick Stevens and his secretary-at-law Lia. And with my readers.

lady lawyer

Gosh, I wish that were all of today’s good news, but hardly least today, the latest in John Soucier’s and my Facebook assessment of Mike Tolbert’s soul and character started in yesterday’s a few more macabre roadside attractions, in Key West post at goodmorningkeywest.com:

mike-tolbert

  • Wednesday

11/30, 9:26pm

John Saucier

Im still confused on how I threatened his life….and being banned from there is like Dicks Sporting goods in upsyate Oregon banning me. Pfffffft!

11/30, 9:58pm

John Saucier

I figured it out….Mike must had lost money betting against The Tide. Taking it out on us.. 🙂

  • Today

7:39am

Sloan Bashinsky

I’m threatening Mike’s job and his and his wife’s Key West lifestyle. That’s what this really is about. I also threaten SHAL, because if it was not getting paid by the city to manage KOTS, SHAL would have no reason to exist. No real reason. I suppose SHAL could keep pretending.

7:45am

John Saucier

What the hell did i do??? Not that i care

7:52am

Sloan Bashinsky

You pissed Mike off when you challenged him at KOTS. You went over his head and won. You are from Birmingham. I am from Birmingham. Mike introduced us to each other at KOTS, after you came down here and were staying there, He did it to himself. He can’t deal with that. He’s another Donald Trump in that regard. Fortunately for you, he does not have Trump’s clout. Even so, he is dangerous, Johnny. He and his wife both are NRA poster kids. I have seen plenty he has put onto Facebook causing wonderment if he really knows hit men and sends them forth. I am convinced he sent a hit man to rape Kari. He apparently has friends in the Sheriff Department and KWPD. Problem with me, I don’t care if I’m killed because I piss people off. I would welcome it. You are not in that mode. Maybe you will be by the time you reach my age, 74.

7:58am

John Saucier

As far as I’m concerned Mike is what happens when something survives abortion, grows up in a dumpster and somehow manages to top out at a third grade education whike eing the little fat bastard crying home with his drawers over his head and a fat lip. His greatest accomplishment in his mind is the amount of drugs he sold and git away with.. Now hes going to scurry around like a rat on a sinking ship trying to fund a way to get at us..i wish i had a woman that put that much attention in to me. He will beg people to give him dirt and brag about how hes going to  ruin us or have us thrown if the island or some such shit while making people physically ill with his cro-magnom like laugh. Meanwhile ill be at a job I love or holding a beautiful womans hand while at dinner or a movie. No one would even show up at his funeral

8:06am

John Saucier

Whatever….im out of his life and hes out of mine. Doubt our paths will ever cross.

8:06am

Sloan Bashinsky

Mike has some lovely friends, back a ways, a couple of his wenches took after me. The spirit poison in them, which I easily detect, because I absorb it into my body, was awful. Yet, they thought they were the cats’ meows. Mike thinks the same. I might not be wrangling with him, if he was not managing KOTS. The city is cruising for a bruising with him managing its homeless shelter. I have told the city commission that several times.

I hope you have explained Mike to your sister, who is staying at KOTS. I hope you left nothing out of your explanation. And I hope she believed you and took it to heart.

sloanbashinsky@outllook.com

town-fool-fw

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