The results aren’t official yet, reportedly to be certified tonight. We’re told there was an eleven vote shift from the tallies going into this morning’s recount, which had Odom leading by 1,216 votes.
Congratulations to both George Odom and Dennis Bailey on their campaigns. We haven’t heard from Dennis, but George sent over the following text earlier this afternoon:
“Humbled and ready to serve all the people of Broward County.”
The trial, as previously reported, is set for Tuesday, December 8, 2020, at the Broward County Courthouse, courtroom 15150.
Whether or not the proceedings will be Zoomed remains to be seen.
From the motion:
Apparently, the JQC doesn’t think much of David Bogenschutz’s hired gun.
Will Hawkins’ chosen expert be allowed to testify? Or will the JQC Panel be asked instead to draw their own conclusions “as to what actually is there” on the surveillance video? …
“As of Wednesday morning, Odom was leading Bailey by 1,117 votes out of 786,211 cast. The 0.14% margin is slim enough to require a manual recount under state law … “
“Odom, 38, attributed his apparent victory to a long-term strategy of cultivating support in Black churches and community groups, middle class neighborhoods and among his peers in the courthouse. He came in first in a three-way primary in August, but earned less than 50% of the vote, forcing a runoff with Bailey, who came in second.”
*UPDATE *UPDATE* @6:30 AM 11/4 – it’s now a 1,117 vote lead for GEORGE ODOM . If all votes have been counted properly, it looks like Judge Odom could be joining the 17th Circuit judiciary …
Zoom gaffes are pretty common these days, but this morning’s from First Appearances Court is a classic, committed by a dedicated, passionate, and mistakenly un-muted public defender against a long-standing, well-liked and fair ASA, Eric Linder. CLICK THE LINK HERE and go to the 1:07:00 mark for defendant Mitchell, unless strong language bothers you …
*UPDATE* – go to just before the 1:07 mark on the link above as the original video link is no longer an in-progress court proceeding. The entire video has been deleted by the 17th Circuit, however it has been preserved by South Florida Corruption, and the F Bomb can still be found starting at the 1:07 mark …
Despite glitchy technological issues on top of the difficulty of judging credibility in normal court proceedings, the lack of real-time client interaction, and the potential for unethical witnesses to exploit the shortcomings of remote testifying, at least one Broward judge has started setting Final Violation of Probation evidentiary hearings over objections on Zoom.
Accordingly, on the heels of David Ovalle’sMiami Herald article reporting similar issues in circuit court proceedings in the 11th Circuit, we reached out to FACDL Miami’s Dan Tibbitt, who is handling matters pro bono at the Third DCA following Miguel de la O’sOrder Overruling Objection To Zoom Probation Violation Hearing.
Click here for de la O’s order and the attachments currently before the Third DCA, and for the Petition For Writ Of Prohibition, click here. An Amicus Brief filed by FACDL, NACDL and the Florida Public Defender Association is found here.
Tibbitt explained the Miami judges have stayed all Zoom probation violation hearings until the DCA rules, and doesn’t believe any judge across the state has held one to date over objection. In the meantime, FACDL wants to be kept abreast of other judges who may be setting them without agreement of the parties, so be sure to drop Dan a line with your case number and judge if you’ve got a qualifying matter.