[West Palm Beach, FL] Back in August of last year, Sunshine Slate reported on federal indictments that alleged that a fortune-telling family was ripping off clients all the while claiming to ward off evil spirits, financial hardship and the like in exchange for millions of dollars.

$40 million, in fact, say federal prosecutors. The case even ensnared a celebrity author – Jude Gilliam Montassir, who writes under the name Jude Deverau – who forked over $20 million to this tribe of fortune-telling gypsies.

Now, with the court date fast approaching in November, defense attorneys for the family are revealing the cards that they will play in court. They say that the family has done nothing wrong, that their actions are protected by the First Amendment and the freedom to worship any way they see fit.

While the lawyers for ringleader Rose Marks and eight others try to spook prosecutors into dropping the charges, the case brings up an interesting debate: Is fortune-telling free speech, or is it an age-old scam that uses religion as both its hook, and its cover?

If fortune-telling of this type has long been considered protected free speech – as the clan’s lawyers claim, anyway – does that also offer blanket protection to take millions from clients for services when those clients believe a particular job or service is being performed?

The problem is, what these folks offer is bogus, unsubstantiated garbage in the form of spiritual entertainment. They cannot talk to the dead. They do not have special powers. They simply have a gift, and that gift is to coax the gullible into giving them money for something they actually are physically (and spiritually) unable to do.

But try proving that in a court of law. That’s where this case gets interesting. Prosecutors could get dangerously close to saying that none of this is real, and thereby, saying that any belief in the “supernatural” or “powerful beings” is simply not true. You know, like god, the devil, etc. Will they go down that prickly road?

Possibly emboldening prosecutors is their contention that the evidence shows that the fortune-telling family also scared these people into thinking that bad things will happen to them if they didn’t follow their directions which usually involved giving them money and/or valuables, according to the court filings.

Their actions of “spiritual extortion” went far beyond mere fortune-telling and entered the realm of fraud.

The victims would “suffer terrible consequences, including diseases, hauntings, and financial hardships, unless they turned over their money and valuables for ‘cleansing’ by the defendants,” according to the U.S. Attorney’s Office Southern District of Florida release.

And that, prosecutors will no doubt argue, is fraud any way you slice it.

But the case could hinge on the fact that what they were doing wasn’t technically illegal and that no one can prove that they didn’t actually ward off those evil spirits as they claim. Maybe these people can actually do what they say. Maybe they have the spiritual world on speed dial. Maybe they have perpetrated the perfect crime.

The burden of proof is on the prosecution, after all.

By: Mark Christopher/Sunshine Slate

Lead image: Deutscher Maler, 18. Jh. (Umkreis Samuel Beck/Seekatz): Die Wahrsagerin

fortune-telling

[Tallahassee, FL] Gov. Rick Scott signed several bills on Friday, one of which – the so-called school prayer bill – opens up the state and local municipalities to court challenges going forward.

That bill – SB 98 – is certainly the most controversial of the bunch, as it would allow student prayer at mandatory school events, prompting several groups opposed to the law to warn school districts against implementing it.

The measure signed by Scott would pave the way for local districts to approve policies allowing students to decide whether to have another student deliver an “inspirational message” at school events. Scott signed the bill without comment.

Supporters say the measure would simply reaffirm the right of Florida students under the First Amendment to proclaim their religious beliefs without fear of being restricted by government.

They said the country was in danger of becoming un-moored from the religious traditions that guide the nation.

“When we took school prayer … out of school, it’s clearly documented that school discipline – disciplinary cases went up, that we had a lot more school vandalism, that we had a lot more disrespect for schools, including the physical plant as well as school personnel, teachers and principals,” Rep. Charles Van Zant (R-21/Keystone Heights), the House sponsor of the bill, said during a committee hearing in February.

But opponents of the bill said it would lead to potentially offensive messages and could ensnare school districts in costly lawsuits.

While supporters are largely viewed as trying to open up a channel for student prayer, both sides in the debate agree it could also allow messages that include Holocaust denial, racially-charged speeches, uncomfortable beliefs of some fringe religions or endorsements of sex and drugs, among many other topics.

Photo: FL House

Rep. Charles Van Zant sponsored the school prayer bill

On Friday, the ACLU of Florida, the Anti-Defamation League and Americans United for the Separation of Church and State each separately issued warnings to local school districts that going ahead with an inspirational message policy could subject them to costly legal challenges.

Sunshine Slate recently reported on a plea by three leaders of American United – all three of them clergymen, by the way – asking for Scott not to sign the bill.

“Legislators are clearly inviting Florida school boards to plunge into a legal swamp,” said the Rev. Barry Lynn, executive director of Americans United. “It’s wrong to subject students to coercive prayer and proselytizing. Our public schools should respect diversity, not undermine it.”

School Voucher Bill Signed, As Well As Voyeurism Measure, Others

A measure that would raise the cap on the state’s school voucher system, funded by tax credits to corporations who contribute to scholarship funds, was approved Friday by Gov. Scott.

The bill (HB 859) would increase the amount of credits available for the 2012-13 school year to $229 million, up more than $50 million for the current school year and more than $10 million over a scheduled increase to just under $219 million.

The measure also loosens restrictions on which students can take advantage of the program,  getting rid of the requirement that students in second through fifth grade have to have attended a public school the year before they accept a scholarship.

Also freshly inked: A bill that would increase penalties for video voyeurism against a minor, making it a second degree felony instead of a third degree felony and requiring those convicted of it to register as six offenders.

Photo: FL House

In addition to the school prayer measure, Rep. Eric Eisnaugle’s child porn bill was signed

The bill (HB 437) by Rep. Eric Eisnaugle (R-40/Orlando) also would allow prosecutors to charge defendants in child pornography cases with a separate crime for each victim in a photo or video, instead of with just one crime per file.

The governor also signed a bill (HB 667), which would allow people who kill someone in a crash while fleeing police to be charged with first or second degree murder instead of third degree murder.

The measure was inspired by the death of Hernando County Deputy John Mecklenburg, a 35-year-old father of two, who was killed in a crash while pursuing a fleeing suspect.

Scott also signed legislation (SB 198) that expands the number of provider companies that can participate in the retirement program for university professors and administrators. Currently there are five firms allowed to participate in the retirement program, and 80% of the management of the program’s roughly $200 million under investment is managed by just one firm, TIAA-CREF.

Scott also put his John Hancock on bills protecting the identity of people who donate to performing arts centers (SB 570), a public records exemption for biomedical research peer review materials (SB 1856) and a public records exemption for donors to the Old Capitol museum (SB 374).

And for you synthetic drug users and sellers: A bill increasing the number of variations of synthetic drugs that are illegal was also signed into law Friday by Scott. The measure (HB 1175) was needed, backers said, because drug dealers change the chemical compounds of drugs once certain chemicals are outlawed.

“This law bans dangerous new synthetic drugs and will clear Florida’s store shelves of substances that are harming young people,” stated Attorney General Pam Bondi. “We will continue to crack down on drug makers who are attempting to skirt state law and endangering lives. I applaud Governor Scott for signing this vital public safety bill into law.”

By: Brandon Larrabee/The News Service of Florida

Lead image: Governor Scott and First Lady Ann Scott visit with children at the Florida State Fair in Tampa (photo: Gov.’s Office)

school prayer

[Tallahassee, FL] Three Florida clergymen have asked Gov. Rick Scott to veto the controversial school prayer bill that was passed during the recent session of the Florida Legislature.

The request by Rabbi Merrill Shapiro, Rev. Harold Brockus and Rev. Harry Parrott – leaders of Americans United for Separation of Church and State – came in the form of a joint letter, reports the Orlando Sentinel.

“All of us agree that this bill would violate the First Amendment to the U.S. Constitution and is disrespectful of the religious diversity that makes our state and our nation great,” the men of differing faiths wrote.

“In order to prevent costly litigation to local school districts, and protect the rights of all public-school students, we urge you to veto this misguided legislation,” the letter stated.

As previously reported by Sunshine Slate, the so-called school prayer measure would allow students to deliver “inspirational messages” at school events. It was sponsored in the upper chamber by Sen. Gary Siplin (D-19/Orlando).

Supporters said the law would simply reaffirm the right of Florida students under the First Amendment to proclaim their religious beliefs without fear of being restricted by government. They said the country was in danger of becoming un-moored from the religious traditions that guide the nation.

Photo: FL Senate

Sen. Gary Siplin sponsored the “school prayer” bill

“Liberate these children and let them learn about real freedom,” said Rep. Dennis Baxley (R-24/Ocala).

But opponents of the bill said it would lead to “school prayer,” potentially offensive messages and could ensnare school districts in costly lawsuits. That means the school districts or the state having to defend a law they said came too close to the state establishment of a religion barred by the Bill of Rights.

“We are going to get sued on this,” said Rep. Jim Waldman (D-95/Coconut Creek). “It’s not even a close call.”

Waldman was one of several Jewish members of the House who said that in many school districts inspirational messages will inevitably be Christian prayers that invoke Jesus and by definition, ostracize any Jewish children who happen to attend – and maybe others – who won’t feel welcome at public schools.

“We were in the minority always, and we felt it,” said Waldman about growing up Jewish. “This is just another attempt at dividing us and eliminating us. And we feel very strongly about this.”

Gov. Scott will have to sign the bill this week or it will be automatically vetoed.

By: Mark Christopher/Sunshine Slate. Additional reporting by Brandon Larrabee & David Royse/The News Service of Florida

Image: Gov.’s Office

school prayer

[Tallahassee, FL] The Florida House passed a measure allowing students to deliver “inspirational messages” at school events on a nearly party-line vote Thursday, sending the bill to Gov. Rick Scott for his approval.

The measure passed 88-27, with 10 Democrats joining the Republican majority in approving the proposal (SB 98), sponsored in the upper chamber by Sen. Gary Siplin (D-19/Orlando).

Supporters said the measure would simply reaffirm the right of Florida students under the First Amendment to proclaim their religious beliefs without fear of being restricted by government. They said the country was in danger of becoming un-moored from the religious traditions that guide the nation.

“Liberate these children and let them learn about real freedom,” said Rep. Dennis Baxley (R-24/Ocala).

But opponents of the bill said it would lead to “school prayer,” potentially offensive messages and could ensnare school districts in costly lawsuits.

While supporters are largely viewed as trying to open up a channel for school prayer, both sides in the debate agree it could also allow messages that include Holocaust denial, racially-charged speeches, uncomfortable beliefs of some fringe religions or endorsements of sex and drugs.

A day earlier on the House floor, an opponent read part of the Aryan Satanic Manifesto and noted that school districts that put such policies in place would have to be prepared for students to do the same at school assemblies. If backers of the bill want students to be able to give Christian prayers as an inspirational message, they have to be prepared for Satanic, Muslim and other messages.

Photo: FL Senate

Sen. Siplin sponsored “school prayer bill (SB 98)

“They could say whatever they want,” said Rep. Marty Kiar (D-97/Davie). “That scares me.”

But Rep. Larry Ahern (R-51/St. Petersburg) said the chamber should trust students to keep the messages on-point and truly inspirational.

“Why would we ever think to sell our children short?” Ahern said.

And inspiration is a good thing, said Rep. Michael Bileca (R-117/Miami).

“The purpose of education is to inspire,” Bileca said. “Not just to get a job.”

Other critics said the bill would eventually lead to school districts or the state having to defend a law they said came too close to the state establishment of a religion barred by the Bill of Rights.

“We are going to get sued on this,” said Rep. Jim Waldman (D-95/Coconut Creek). “It’s not even a close call.”

Waldman was one of several Jewish members of the House who said that in many school districts inspirational messages will inevitably be Christian prayers that invoke Jesus and by definition, ostracize any Jewish children who happen to attend – and maybe others – who won’t feel welcome at public schools.

“We were in the minority always, and we felt it,” said Waldman about growing up Jewish. “This is just another attempt at dividing us and eliminating us. And we feel very strongly about this.”

By: Brandon Larrabee & David Royse/The News Service of Florida

Lead image: Governor Scott and Lt. Governor Carroll visit with students from Deltona Middle School (Photo: Gov.’s Office)

school prayer

[Orlando, FL] Occupy Orlando activist Tim Osmar (full name: Timothy Michael Osmar) was arrested again this afternoon for the third time while creating protest messages on the sidewalk. This latest arrest was in front of the Bank of America building at Orange Avenue and Livingston Street in Downtown Orlando.

A legal source told Sunshine Slate that an Orlando Police Department bike officer reported that Osmar “was too close” to Bank of America. View a copy of the arrest affidavit here.

There is a video of the incident, showing Osmar being shoved to the ground and hand-cuffed that also shows the “protest message.” Sunshine Slate is working to obtain access to that video, which is posted on the Occupy Orlando Facebook Group. This is a closed group that you must ask permission to join.

This represents the third time Osmar has been arrested while writing with chalk on the sidewalk, and an escalation by Orlando Police. Osmar is now charged with “battery on a uniformed licensed security officer,” a third degree felony, and “trespass after warning,” a first-degree misdemeanor.

Total bond on these charges is currently $1600, but Orange County Corrections is currently showing an ID Hold which will mean he can not bond out until they are satisfied they know who he is. The arrest record alleges he refused to provide address and/or identification information, and lists his address as “Refused/FL.”

This will also serve to impede his release.

Actually, the City of Orlando and its police department is quite familiar with Tim Osmar, an Occupy Orlando protestor. Osmar gained notoriety for being arrested for the crime of writing on the sidewalk “the revolution will not be televised” in chalk after Orlando Police told him to stop.

He was booked into the jail and then released on Dec. 15th.

Video of Tim Osmar being arrested for the second time

On Dec. 22nd, Osmar returned to the sidewalk in front of City Hall and wrote “All I want for Christmas is a revolution.” He was arrested and held without bond, since he had been previously arrested and was out on bail. He sat in jail for 18 days.

His release came not as a result of any judicial action, but because city officials – including the Mayor of Orlando – had decided that Osmar had received an “appropriate punishment.”

Mayanne Downs, attorney for the City of Orlando, dropped the charges saying that she felt Osmar had already spent enough time in jail. Mayor Buddy Dyer used his foot soldiers of the executive branch – the Orlando Police Department – to imprison and carry out the sentence on a protestor, without due process of law.

The are multiple problems with how this was handled by the city, according to legal experts. First, no court ever found him guilty of this offense; he was arrested and held without bond until the city attorney and the mayor decided that Osmar had had enough.

Second, it is not the province of the mayor or the executive branch to impose punishment on anyone, that is the role of the independent judiciary.

This is clearly spelled out in the Eighth Amendment to the U.S. Constitution, which prohibits excessive bail. Bail’s sole purpose it to insure appearance at trial. In the Osmar case – and no doubt, countless others – the City of Orlando is using bail as a tool to silence and punish dissent and protest.

Osmar is now suing the City of Orlando in U.S. District Court (click here for complaint). His attorney, Dick Wilson, former president of the First Amendment Lawyers Association, contends that the ordinance which was written to regulate advertising was unlawfully used to silence dissent.

Wilson claims that the City of Orlando’s actions were, “clearly content-based prohibitions of speech that is protected under the First Amendment.”

Keep following Sunshine Slate for the latest on this developing story.

By: Harold Rodgers/Sunshine Slate

Images: Tim Osmar being arrested on Dec. 22, 2011 and Osmar’s Feb. 29, 2011 mug shot

Tim Osmar

[Pensacola, FL] Things are getting downright nasty in Pensacola City Council politics. So much so that on Friday, a mild-mannered priest was ordered to be removed by police during the middle of his allotted speaking time to address the City Council.

During a designated open comment period, Father Nathan Monk was criticizing the council members (Pensacola City Council President Sam Hall was his main target) for their actions at the Dec. 12 Committee of the Whole meeting.

What happened on Dec. 12? During discussions of the proposed anti-homeless ordinance, several residents (including Monk) spoke out against it, questioning the Christian nature of council members supporting the ordinance.

There were even comparisons to Nazis and the dreaded “Final Solution,” according to a report by Pensacola Digest. Monk’s comments were much less caustic.

Two council members were deeply offended by it all. Hall decided he had heard enough and ordered Police Chief Chip Simmons to remove citizens he deemed “out of order.”

Photo: Angelina Thompson/Sunshine Slate Images

Pensacola City Hall – where all of the political magic happens

Back in front of the Pensacola City Council on Friday, Father Monk revisited the political theater that played out during the Committee of the Whole meeting, telling the council during the open forum that they had no authority to govern the content of someone’s speech using police action.

He suggested that instead, they should look into the city’s actions that would incite a citizen to make such shocking comparisons.

“As Americans, we have the right to redress our government without fear of being arrested,” he said. “Whether or not they’re connecting dots from Hitler to George Wallace to Barney … you should be asking, ‘well what are we doing that’s allowing people to connect those dots?’ It was a sick and gross abuse of power.”

Hall interrupted Monk and told him that his time was up and to sit down.

“No, I have a minute and 12 seconds left,” Monk said, looking at the timer at the speaker’s lectern.

“I’m ruling you out of order,” Hall said.

Photos: Pensacola City Council

(L-R) Sherri Myers, John Jerralds and Sam Hall of the Pensacola City Council

Monk refused to leave, feeling that he had done nothing to warrant the charge of being out of order. Hall promptly asked the police to remove him. Monk stayed at the podium until his time was up. He walked out flanked by two officers, who (wisely) never actually touched him.

In protest of Hall’s handling of Monk two council members – John Jerralds and Sherri Myers – stood up and walked out, with Myers making the announcement to those in attendance that, “I am leaving this chamber as you are in violation of the people’s First Amendment right.”

“I will be outside if you want to want to address your grievances to your government,” said Myers before walking out.

The legality of such actions have been the subject of much debate, which has gone national thanks to YouTube (see the videos below). Locals have said the meetings are now governed by “The Law of Sam Hall,” while across the country people have emailed Hall and have let him hear their “displeasure” of his “banana republic” tactics.

Monk has become a national hero while Hall (rightfully, many would say) has the weight of an unhappy world on his shoulders.

Father Monk at Dec. 12 Committee of the Whole meeting

Father Monk addresses the City Council on Friday

By: Mark Christopher/Sunshine Slate

Pensacola City Council