THE TRAGIC DEMISE OF JOHN LONGO

Seventy-two year old John Longo died in custody, one day after being remanded by Tim Bailey. He was convicted by a jury on February 4th for a non-violent theft charge involving scamming a boat from an elderly victim back in 2018. The police report is here. A civil action also accompanied the prosecution.

Multiple motions were filed by defense counsel Marco Quesada in the days before the trial, asking to stay the proceedings, citing Covid-19 concerns, Longo’s heart and lung disease, and his reliance on an oxygen machine, which was utilized throughout the trial via a long tube connected to where the noise-emitting oxygen concentrator was stationed in the ante-room of the courtroom. Two doctors had also offered opinions that Longo’s health concerns, coupled with contracting Covid-19, “could be fatal,” but after SAO objection, and an appeal to chief criminal judge Andy Siegel that was deferred back to Bailey, the case proceeded to the jury.

According to Quesada, after the guilty verdict, he strongly reiterated his client’s obvious health issues, and asked to keep Longo out of jail pending preparation of a Pre Sentence Investigation report (PSI) and the sentencing. The request was denied, with Bailey reportedly assuring all parties that BSO had more than adequate health care facilities to help Longo. There were some logistical issues as to how to bring the breathing apparatus into the jail, and Longo may not have received his required oxygen intake for periods of time due to transport issues. He died less than twenty-four hours after the remand.

The prosecuting attorney, Kathy Heaven, spoke with us earlier today. Answers as to why the SAO wouldn’t agree to a continuance were off the record, and we agreed to follow-up with the SAO’s PIO. Our subsequent official request for an interview with Heaven and Harold Pryor was denied because the parties were “not available.”

“John’s worst fear has come true,” Quesada says. “He was afraid he was going to die if he went to that courthouse. And it all could have been avoided.”

In tragic fashion, case number 18-007687-CF10A is now closed.

Forever.

86 thoughts on “THE TRAGIC DEMISE OF JOHN LONGO”

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    The elected state attorney is not available to answer questions to why his office objected to allowing someone to be kept out of jail. A non-violent offender nonetheless. Keep pushing for that interview. And ask where is the reform he promised voters.

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    “John’s worst fear has come true,” Quesada says. “He was afraid he was going to die if he went to that courthouse. And it all could have been avoided.”

    Amazing. Yes it could have all been avoided—if John Longo had not committed yet another crime. Here, in reading the police report you have linked, he scammed a now 86 year old victim out of a $75,000 asset.

    A quick search on the Broward Clerk website shows John Longo began his Broward felonies in 1985 with a Kidnapping and Rape. He continued to commit felonies for 37 years. As a result, by law, he was not entitled to a bond upon his 2022 felony conviction. Now he and his lawyer want to blame everyone else for his death in 2022 in a jail cell after he committed yet another felony. Suppose the case was continued and the elderly victim died. I’m quite sure in that circumstance there’s no blog entry. Death is sad, but John Longo made his bed and he now lies in it.

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        The long post’s point is the victim could die and justice wouldn’t be served. Ok. But I still don’t see why the old man had to go to jail after being out so long. And being so sick.

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      “As a result, by law, he was not entitled to a bond upon his 2022 felony conviction.”

      State could have agreed to a bond.

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          True:

          However, in no case shall bail be granted if the defendant has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and the defendant’s civil rights have not been restored or if other felony charges are pending against the defendant and probable cause has been found that the defendant has committed the felony or felonies at the time the request for bail is made.

          Also true:

          Continuance should have been granted//probation should have been offered before trial to a dying man.

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            Tim’s hands were tied with the Remand. Did he push them for a non-jail solution, before or after the trial? Judges have a lot of sway. There’s certainly more to this story. I can’t understand why he didn’t continue it. He would have known the Remand rules would be limiting him if the guy lost. Tim tries tons of cases. He would have known what the guy scored out to and the SAO offer before trial as well. I assume they wanted jail time. I know the Supremes and Chief are pushing cases to trial. This one seems like it shouldn’t have been a priority though. Why did Pryor want jail?

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            Continuance? Four year old case with an 86 year old victim…definitely discretionary.

            Probation? Did the defense even ask for that? Seems not based on the blog post. And where did he score? Clerks website reveals numerous fraud related convictions and a who’s who of lawyers over the years. Did defense counsel have a downward departure motion ready? Did he have a notice of appeal in hand?

            Funny thing is this blog on a daily basis attacks judges saying they don’t know what they are doing. Now a judge follows the law and the bloggers suggest the judge shouldn’t have. It’s really amazing.

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              If the witnesses were well enough to testify then the case should have been continued.

              Unfortunately, Covid 19 is still a factor for health compromised individuals, even those with terrible records.

              The courthouse is swimming in older and more serious cases that need to be tried.

              With already in-custody defendants (violent ones), who are still young enough to be serious threats to society.

              This is on the judge, no matter how rotten the state may or may not have been here.

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                  FUCK U
                  Everything was over thirty years ago you going to hold it against him fuck you and fuck the court system

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              How about moving to perpetuate the testimony of the elderly witness? That way the case could still be tried should something happen to her and no one has to put their health at risk. It’s not that hard.

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                  Obviously if she is still alive she would testify. But during a pandemic- it would just be prudent to do this.

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              “And where did he score?”

              According to the sentencing scoresheet filed in his case on February 4, Longo scored 111.80 points, putting his lowest permissible prison sentence at 62.85 months, so just over 5 years.

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            Why would they have to or want to do so? Longo was convicted of a first degree felony this time and had a long prior criminal record. The State probably wanted prison.

            Also, how anxious were Longo and his attorney to accept a plea bargain? Maybe they thought they had some good grounds for post-conviction motions or appeal?

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          RULE 3.550. DISPOSITION OF DEFENDANT
          If a verdict of guilty is rendered the defendant shall, if in custody, be remanded. If the defendant is at large on bail, the defendant may be taken into custody and committed to the proper official or remain at liberty on the same or additional bail as the court may direct.

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              3.691 is about appeals, and kicks in post adjudication.

              He didn’t have to be adjudicated on the spot.

              3.550 exists precisely because of this situation, ie an extraordinary circumstance due to a very ill person.

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                You must be an old timer. That was the law prior to 1983. 3.691(a) mandates remand with one prior felony conviction. This guy had 45. I think the case is Logan v. State.

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                  Read Kraft.

                  A court’s ability to consider release pending sentencing is particularly appropriate where a defendant was previously on pretrial release, presents no risk of flight or danger to the community, and where the defendant is not facing any mandatory prison term. A court has discretion to grant a furlough pending sentencing, and likewise, the court continues to have discretion to consider release on reasonable conditions pending a sentencing hearing.

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                  Read Logan.

                  Discretionary to Court.

                  The petitioner has failed to show that the trial court abused its discretion in remanding him to custody at this stage of the criminal proceeding rather than continuing his bail.

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                    Agree with all of that. Both Kraft and Logan. Now add the previous felony conviction(s). Here there are 45 of them. Removes the discretion given to judges on first time felony offenders. 3.691(a).

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                      3.691 states “A defendant who has been adjudicated guilty of the commission.”

                      The diseased old man did not have to be adjudicated at that time and therefore 3.691 didn’t apply.

                      Logan states “The trial court did not adjudicate the petitioner guilty after the verdict was rendered.”

                      3.691 is irrelevant if there’s no adjudication.

                      3.550, 3.691, Kraft, Logan, Younghans, absolutely nothing precluded keeping a dying man out of the jail pending sentencing for which the parties could have filed motions for departure, etc. or made sure BSO and DOC were ready for a dying a man in the event Judge Bailey or Mr. Pryor believed prison was the only option at the actual adjudication and sentencing.

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                      I can’t reply to 9:39 below but that’s a solid argument. Did the defense make any of those arguments at all? The only fault I have with your argument is that it places the whole burden on Bailey and Pryor. Also, looking at the clerk’s website, there’s not one defense deposition filed in this three and a half year old case. There are notices but nothing filed. No motions either. It’s pretty sad, but so is a 45 time convicted felon.

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                      His record was irrelevant at the time, due to the fact he was out already since 2018 and had not reoffended.

                      Additionally as a poster stated in harsh terms, he was a “dead man walking.”

                      I blame the State for the totality, for not agreeing to some reasonable and compassionate resolution.

                      Nobody has to like this man’s history of theft, but ministers of justice bear more responsibility in extraordinary circumstances and shouldn’t seek what any reasonable person would understand would, sooner or later in prison, have been a death sentence on a theft case.

                      Unfortunately, Broward Judges are too often tasked with curbing the SAO’s worst instincts. It’s sad, but true, and no different in this case than any other. Even if it’s unfair to the judiciary, it’s still up to them in the end what happens.

                      In this case Judge Bailey should have either continued this matter or made sure Longo didn’t go in until every alternative was exhausted and the jailers were prepared for him.

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                      Actually, both Logan and Kraft were entitled to withheld adjudications. Longo was not. Deferred adjudication or entry of a withhold applied to them, not to Longo after his previous convictions. His record absolutely is relevant in many ways. Here, Logan and Kraft don’t apply. Lastly, he wasn’t out on bond or PTR. His case and his bond were over three years old and by law had expired. There were no enforceable encumbrances on him. Remand was a given. This should have been an open plea setting it for a sentencing hearing two months later and bringing in the doctors as well as at least some restitution money. That would have avoided 3.691 and 3.550 especially on a case with these facts and nearly 50 priors.

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                      Flawed argument.

                      Longo was 2018.

                      Five years old, unlike Logan’s three years. The reference makes no sense.

                      There is nothing in law saying deferring entry of adjudication or withheld depends on the prior record.

                      Agreement as to the rest of the argument about setting it for an open plea with restitution and medical issues.

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                      Adjudication may have been mandatory, but that once again misses the point.

                      The adjudication did not have to be imposed at the time the jury came back with the guilty verdict.

                      The remand was discretionary.

                      Game over.

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                      3.550, 3.691, Kraft, Logan, Younghans.

                      Can you cite any authority for your position other than Twitter?

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                      The above authority as well as 3.670, 785.08435 and numerous cases that say:

                      Florida Rule of Criminal procedure 3.670 provides:
                      If the defendant is found guilty, a judgment of guilty and, if the defendant has been acquitted, a judgment of not guilty shall be rendered in open court and in writing, signed by the judge, filed and recorded.
                      Under this rule the trial court must adjudicate and sentence a defendant convicted of a crime, or in an appropriate case, adjudicate the defendant not guilty because of lack of sufficient evidence to convict, double jeopardy, or other legally sufficient reason. It cannot simply refuse to act.

                      It’s an adversarial system so we can disagree. I appreciate your arguments. Wish his lawyer would have argued like you did.

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                      I stand corrected.

                      This man would not have been able to receive to a withhold as Kraft or Logan would have.

                      I similarly appreciate your arguments, and the chance to learn something.

                      Unfortunately, due to this man’s highly foreseeable death, and the law I learned by your posts that eliminated Judge Bailey’s discretion after the case went to trial, my opinion will stand that this case should never have proceeded in this fashion.

                      XIII. JUDGMENT
                      RULE 3.650. JUDGMENT DEFINED
                      The term “judgment” means the adjudication by the court that the defendant is guilty or not guilty.
                      RULE 3.670. RENDITION OF JUDGMENT If the defendant is found guilty, a judgment of guilty and, if the defendant has been acquitted, a judgment of not guilty shall be rendered in open court and in writing, signed by the judge, filed, and recorded. However, where allowed by law, the judge may withhold an adjudication of guilt if the judge places the defendant on probation.

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                      piss. shit. fart. fried chicken. ross/aturd. (bringing jaab back since it’s getting off topic with the intellectual stuff) 🙂

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      Sound like he got what he deserved. He was a dead man walking so you can’t blame the court system or the jail for the guy being a scum bag all his life. You do the crime, do the time. Let’s all pretend his victims for all his past crimes were members of our own families, now how sorry do you feel for him?

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      In this case, Rule 3.691(a) seems to require remand of a convicted defendant who has prior felony convictions, which Longo did have.

      As for why judges remand defendants after conviction at trial, lots of reasons. After trial, judges may like to send a message “Okay, jury found you guilty. You’re no longer presumed innocent, so you’re not entitled to be free. Off to jail you go and all that’s left is to decide how long you stay in there.” Also, defendants may be more inclined to obey the court and stay in the jurisdiction because they hold out hope they will be acquitted and beat the rap. So once that hope is wiped out at trial and they know they are almost certainly facing prison, they may have greater motive to flee.

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      THE SCUM SENTINEL LOST ITS GRIP A LONG TIME AGO
      NOBODY READS THAT LEFT LEANING AND SELF-SERVING POLITICAL GARBAGE

      AFRICAN AMERICANS HAVE ORGANIZED AND SPELL ITS FINAL DEATH NIL

      IT HAS SUPPORTED A CORRUPT JUDICIARY IN BROWARD FOR YEARS AND HAS HELPED TO KEEP MANY IN SLAVERY

      NOW IT’S FINALLY IN THE TRASH HEAP WHERE ITS CROOKED EDITORIAL BOARD BELONGS

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    The buck stops with Tuter. There’s no regular judicial rotation. Only seniority and punishment/reward. Rotation isn’t a magic bullet but it’d eliminate many of the needlessly created problems. The Supreme Court recognizes it and recommends it for that reason.

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    This man’s record goes back a lot longer than 1985. He was arrested for robbery in Miami in 1974. He was convicted several times over the years in both Broward and Miami-Dade. Why wasn’t he on parole after these convictions? This man redefines the term career criminal. Drop some names and bribe your way out of a felony charge. He continually used guns and even a taser to intimidate people. I guess the only way to stop this monster was to put him in the BCJ and wait for COVID to kill him. But it didn’t even take that long, did it.

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    What’s really the bigger issue is that the jail medical providers are extremely negligent on a daily basis. Any defense lawyer who has had IC clients knows what a joke it is. If the man had to go into custody- which is debatable but not the point- he shouldn’t have to die because of it. It wasn’t a death sentence.

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      The biggest issue is these people who are obviously worried about something here (Staties?) and trying to justify his death sentence through the crazee comments saying he deserved to die over this.

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    Broward county is a shit hole run by a bunch of incompetent corrupt leaders. Do what everyone else is doing and get the fuck out of this town as fast as you can!!
    Broward voted for black elected officials they got what they wanted: corruption, increase in crime, mass exodus from public schools, an incompetent and corrupt state attorney , incompetently stupid clerk of the courts , a public defender who couldn’t win a trial to save his life. and God knows a convicted felon and corrupt sheriff. You deserve what you voted for. Enjoy!!

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