WELL HAVE HAVE A LEGAL VIEW ON THAT WHEN >> THINKING THAT MY RIGHTS WERE
RESTORED AFTER THE GUY TOLD ME
WHEN I FILLED THE PAPER OUT.
SO I WAS HAPPY.
>> NONE OF THESE PEOPLE SHOULD
HAVE BEEN ARRESTED IN THE FIRST
PLACE IF THE SYSTEM WORKED THE
WAY WE ALL WANT IT TO WORK.
>> SIMULTANEOUS-- 178 FORMER
FELONS SERVED TIME, GOT OUT AND
REGISTERED TO VOTE ARE NOW
CRIMINALLY CHARGED AGAIN FOR
CASTING VOTES THAT ARE SAID TO
BE INELIGIBLE.
THOSE CASES HERALDING AS THE
FIRST MOVES BY THE STATE’S NEW
DEPARTMENT OF ELECTIONS CRIME
AND SECURITY ARE NOWnd
INCREASING SCRUTINY AS IS THE
WAY FLORIDA VETS ITS VOTERS.
>> LARRY DAVIS IS AN ATTORNEY
WHO IS NOW REPRESENTING ONE OF
THOSES ARRESTED IN THE SWEEPS
LAST MONTH.
LARRY, GOOD TO HAVE YOU WITH US.
>> GOOD MORNING.
>> GOOD MORNING.
>> SO IN JUST COVERING THE
CASES, LARRY, IT SEEMS LIKE I’M
JUST GOING TO LAUNCH THAT I
THINK IF I WERE A DEFENSE
ATTORNEY, THE DEFENSE WOULD BE
HEY THERE WAS NO INTENT HERE
BECAUSE THE ACTUAL STATUTE HAS
TO HAPPEN V INTENT BECAUSE IF
THERE IS NO INTENT THERE IS NO
CRIME.
>> THAT IS EXACTLY RIGHT.
IF I COULD JUST FOR A MOMENT
TALK ABOUT AMENDMENT FOUR
BECAUSE I THINK IT’S IMPORTANT
THAT YOUR AUDIENCE UNDERSTAND
HOW IMPORTANT AMENDMENT FOUR IS
BECAUSE STUDIES STUDIES HAVE SHO
PEOPLE THAT PARTICIPATE IN
VOTING AND DEMOCRACY HAVE LESS
RECIDIVISM AND LESS CRIME.
>> I WANT TO STOP YOU FOR A
MOMENT BECAUSE I WILL LAY THIS
OUT FOR YOU, WE HAVE THE NEXT
SIX MINUTES TO TALK AND
AMENDMENT FOUR DOESN’T APPLY
HERE BECAUSE THE FELONS WE ARE
TALKING ABOUT WERE ALL CONVICT
OF MURDER AND SEX CRIMES WHICH
DOES NOT COME UNDER AMENDMENT 4.
SO THEY TRULY ARE ARE INELIGIBLE
TO VOTE SO LET’S START THERE.
>> AND I AGREE WITH THAT, BUT
THERE IS SO MUCH CONFUSION IN
REGARDS TO THE STATUTE AND THE
WAY THE LEGISLATURE PASSED
DIFFERENT LEGISLATION THAT TO
THROW ROADBLOCKS INTO IT, THAT
THERE WAS ALL KIND OF CONFUSION
WHATSOEVER BUT LET ME TALK ABOUT
INTENT.
MY CLIENT WAS CHARGED WITH
KNOWINGLY AND WILLFULLY VOTING
AND REGISTERING TO VOTE.
AND HE DID NOT HAVE ANY INTENTS
WHEN HE VOTED.
WHAT HAPPENED WAS HE WAS AT
WAL-MART.
HE WENT IN AND THEY ASKED HIM IF
THEY WANTED TO VOTED AND HE SAID
I’M A COON VICED FELON, I CAN’T
VOTEMENT AND THEY SAID NO,
AMENDMENT FOUR HAS PASSED AND
THRUFER CAN VOTE AND HE SIGNED
THE FORM.
AND THEN WHAT HAPPENED WAS ABOUT
TWO MONTHS LATER, HE GOT THIS
VOTING CARD THAT SAYS FROM
COUNTRIES TINA WHITE WHO IS THE
SUPERVISOR OF ELECTIONS IN DADE
COUNTY THAT HE IS ELIGIBLE TO
VOTE.
SO HE VOTED IN THE 2020
ELECTION.
THE FDLE CAME OUT TO HIS HOUSE A
WEEK BEFORE HE WAS ARRESTED IN
THE MIDDLE OF AUGUST AND
QUESTIONED HIM.
HE ASKED IF THERE WAS ANY
ISSUES, IS HE IN TROUBLE.
THEY SAID NO.
AND THEN A WEEK LATER ON FRIDAY,
THE 18th OFATION HE WAKES UP
AT 6 A.M., IS HOUSE IS
SURROUNDED BY POLICE WITH
AUTOMATIC WEAPONS, THEY’RE
BANGING ON HIS DOORS AND HIS
WINDOWS AND TELL HIM TO COME
OUT.
HE COMES OUT.
THEY DON’T EVEN LET HIM GET
DRESSED AND TAKE HIM TO JAIL.
IS HE IN JAIL FOR TWO DAYS UNTIL
HIS WIFE CAN BOND HIM OUT.
THEN HE GOES TO THE HOSPITAL
BECAUSE HE HAS HEART ISSUES.
>> SO THE HEART OF THE MATTER
SOUNDS LIKE IN THE REGISTERING
TO VOTE WAS THAT LIKE YOUR
CLIENT, WE HAVE HEARD THESE
STORIES FROM THE OTHER PEOPLE
ARRESTED, THEY WERE NOT GOING
OUT TO VOTE TO REGISTER, THEY
WERE URGED TO REGISTER BY SOME
OF THESE THIRD PARTY VOTER
REGISTRATION VOLUNTEERS WHO JUST
THOUGHT TO YOUR POINT WERE
CONFUSED ABOUT AMENDMENT 4, HEY,
YOU ARE A FELON, YOU CAN VOTE.
THESE THIRD PARTIES SOMETIMES
GET PAID BY THE NUMBER OF PEOPLE
THEY REGISTER SO IT SOWDGEDS
LIKE MORE OF AN INDICTMENT OF
THE SYSTEM AND PROCESS THAN IT
DOES OF A FELON VOTING.
>> THAT IS PART OF THE CONFUSION
OF THE LAW ALSO.
I MEAN YOU HAVE THE GOVERNOR
DESANTIS WHO SAYS IT IS A
SUPERVISOR OF ELECTIONS
RESPONSIBILITY IN EACH COUNTY TO
STRAIGHTEN IT OUT.
AND THEN YOU HAVE PETE
ANTONOCCI.
>> DIRECTION OF THIS NEW
ELECTIONS DEPARTMENT OF SECURITY
CRIME.
>> WHATEVER HIS TIGHT SELL WHO
IS SAYING NO IT SHOULD BE THE
SUPERVISOR OF ELECTIONS IN
TALLAHASSEE SO THEY DON’T KNOW
WHO IS RESPONSIBLE TO FIX THE
SYSTEM.
THERE HASN’T BEEN ANY EFFORT TO
FIX IT I DON’T THINK ANYBODY IS
HAS BEEN SUSPENDED OR FIREDDED
ON ANY OF THESE THINGS AND A
VOTER LIKE MY CLIENT WAS GOING
OUT TO VOTE TO PARTICIPATE IN
DEMOCRACY.
HE HAD NO INTENT TO BREAK THE
LAW.
HE CERTAINLY WOULDN’T HAVE GONE
TO VOTE IF HE DIDN’T HAVE A
VOTER CARD AND WASN’T TOLD IT
WAS OKAY TO VOTE.
>> LARRY WHEN YOU GET A CHANCE
TO BE BEFORE A JUDGE, WILL YOU
MAKE THAT ARGUMENT AND WE’RE
JUST LAYPEOPLE BUT IT SEEMS TO
ME THAT THESE CHARGES SHOULD BE
DISMISSED AGAINST YOUR CLIENT
AND PERHAPS AGAINST ANY OF THE
18 PEOPLE ARRESTED WHO DID NOT
INTEND TO BREAK THE LAW BY
VOTING.
>> WELL THANK YOU JUDGE PUTNEY,
I APPRECIATE THAT.
YOU KNOW, PART OF THE PROBLEM
ON-- WE HAVE OTHER MOTIONS ON
JURISDICTION THAT COULD LEAD TO
DISMISSAL BUT FOR A CRIMINAL
LAWYER LIKE MYSELF, WE KNOW THAT
INTENT IS AN ISSUE FOR THE JURY
NOT FOR THE JUDGE.
SO I AM THINKING THAT SOONER OR
LATER WE’RE GOING TO BE IN FRONT
OF SIX PEOPLE AND THEY WILL HAVE
TO DECIDE WHETHER MY CLIENT HAD
ANY WILLFUL INTENT OR WILLFULLY
BROKE ANY LAW AND I’M TELLING
YOU HE CERTAINLY DID NOT.
>> THE STATE’S POSITION IS
PERSONAL RESPONSIBILITY OF VOTER
IS RESPONSIBLE FOR HIS OR HER
OWN REGISTRATION AND ABILITY TO
VOTE AND ELIGIBILITY.
THERE IS CERTAIN COMMON SENSE TO
THAT I SUPPOSE.
BUT THEY’RE RIGHT.
THESE PEOPLE DID VOTE ILLEGALLY
SO WHAT SHOULD THE CONSEQUENCE
BE IF ANY?
>> WELL, I WOULD LIKE TO COMPARE
WHAT HAPPENED WITH MY CLIENT HOW
HE WAS ARRESTED TO WHAT HAPPENED
IN THE VILLAGES.
IN THE VILLAGE THERE WERE A
NUMBER OF PEOPLE THAT WERE
ARRESTED THAT DID HAVE INTENT TO
BREAK THE LAW.
THEY VOTED IN THEIR HOME STATE
AND THEY VOTED IN FLORIDA.
HOW WAS IT HANDLED BY THE STATE
OF FLORIDA, THEY CALLED HIM UP,
THEY TOLD HIM TO COME IN, PUT
HIM ON A PRETRIAL INTERVENTION
PROGRAM AND TOLD HIM TO TAKE A
CIVICS COURSE.
THAT IS ALOT DIFFERENT THAN THE
WAY THEY ARE TREATING THE
CLIENTS IN SOUTH FLORIDA AND
REALLY IN A NUMBER OF THE MORE
METROPOLITAN AREAS IN THE STATE
OF FLORIDA WHERE ALL OF THESE
ARRESTS TOOK PLACE.
>> IT’S CERTAINLY TRUE.
THERE WAS NO BIG SHOW IN THE
VILLAGES WHEN FOUR PEOPLE WERE
CHARGED WITH VOTING TWICE, ONCE
IN THEIR PREVIOUS HOMETOWN AND
THEN IN FLORIDA.
LARRY EVANS WE APPRECIATE YOUR
TIME THIS MORNING AND I WILL
STIPULATE TO THAT.
>> GREAT TO HAVE YOU HERE.
>> THANK YOU BOTH HAVE A