Hillsborough Judge Gregory Holder News Stories

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Courthouse Inquiry Ends With No Sign Of Corruption

By Elaine Silvestrini and Thomas W. KrauseThe Tampa TribuneSeptember 8, 2006

TAMPA - No officials at the Hillsborough County Courthouse will becharged with any crimes at the conclusion of a lengthy investigation into

possible corruption.

Carl Whitehead, special agent in charge of the Tampa office of the FBI,said: "I am very confident that we have conducted a thorough andexhaustive investigation into these allegations. We were not able tosubstantiate those allegations. I believe the public should feel comfortableand have a sense of confidence that they can deal with their state courtsystem. I have no information that would indicate otherwise."

U.S. Attorney Paul Perez said Thursday: "Bottom line, is that the FBI andthe FDLE over the last number of years received a lot of complaints, leads,allegations, and they did their due diligence in running out each one ofthose, and that took time."

Perez wrote a letter to Hillsborough Chief Judge Manuel Menendez Jr. onAug. 29, saying, "The investigation has concluded with our assessment thatno current judicial officer or court employees engaged in any allegedwrongdoing and that there was no credible evidence of 'courthousecorruption' within the 13th Judicial Circuit."

Perez said Thursday that the investigation also cleared former judges andcourthouse employees.

Menendez said he hopes the letter will assure the public that there's nocorruption at the courthouse.

"I would really like this to be the last chapter of that saga," he said.

Case Predated Investigators

Perez said the corruption investigation, which began before he took officein March 2002, really involved a series of unrelated incidents that were "alllooked at by the same group of federal or state investigators."

"Whenever a lead or tip was given, it would go to them," Perez said. "To methis was unfortunate, because most of these [cases] stood on their own."

Whitehead said the investigation, which also predates his tenure, was an

http://www.judicialaccountability.net/articles/judgeholderandlaw

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umbrella investigation into several similar allegations involving people whotraveled in the same circles. But he said the allegations of wrongdoing wereunrelated in that they didn't involve people who were accused ofcommitting crimes together.

The way the investigation was set up, Whitehead said, "everything thatcame in that was remotely connected was kind of put in under thisumbrella."

Because he was not involved in the beginning, Whitehead said he wasn'tsure of the thinking behind that approach. "Maybe there was some goodreason to do that," he said. "Tangentially, they were somewhat related, butnot in the way that you would think of in an investigation."

Whitehead said the investigation started in 2002 as a spinoff of an organizedcrime case in the Sarasota area. He said a subject in that investigation gaveagents information about possible wrongdoing at the Hillsborough CountyCourthouse. The source, whom Whitehead wouldn't identify, mentionedformer sheriff's Maj. Rocky Rodriguez, who would later figure prominentlyin stories about the investigation.

Perez said the only indictment resulting from the investigation was offormer postal union chief Lenin "Lenny" Perez - not related to the U.S.attorney - who was accused of accepting kickbacks from health care

providers for referring union workers' compensation claims to them.

Lenin Perez, past president of Local 599 of the National Association ofLetter Carriers in Tampa, was sentenced in May to 21 months in federal

prison after pleading guilty to a single felony charge of receiving akickback. Under a plea deal, federal prosecutors dismissed 32 other charges.His co-defendant, private investigator Joseph Anthony Gonzalez, wassentenced to probation.

Whitehead said Lenin Perez was investigated as part of the largerinvestigation because authorities initially received allegations that he wasinvolved in wrongdoing at the courthouse. "That was not substantiated,"Whitehead said. "What was substantiated was that he was involved in otherscams."

Menendez said he has spoken to Paul Perez about the courthouseinvestigation on several occasions. Typically, Menendez said, federalofficials do not comment publicly on investigations. In this case, becausethere were public statements, Menendez said he made a special request toPerez.

"All I ask, in fairness to everyone involved, is that we announce when it isconcluded," Menendez said.The closed investigation, he said, shows thatcorruption did not exist. "If they found anything, they would have broughtcharges," he said.

Chief Judge Criticizes Tribune

Menendez had harsh words for the local media, The Tampa Tribunespecifically.

The Tribune strung together many unrelated events and tried to "paint apicture of some giant entity" of courthouse corruption, Menendez said.


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He said federal agencies did investigate several allegations regardingcourthouse officials.

"That doesn't mean there was a massive investigation into corruption at thecourthouse," he said.

Although the investigations were minor and unrelated, Menendez said, theTribune consistently pointed to them as evidence of one large corruption

investigation.

At least three sworn affidavits acquired by the Tribune mention aninvestigation into corruption at the Hillsborough County Courthouse.

In 2003, Circuit Judge Gregory P. Holder provided an affidavit in which hesays he has taken a stand against courthouse corruption. That same year, aTampa police detective and a former FBI agent said in sworn affidavits thatthey worked with Holder as part of an investigation into corruption at thecourthouse.

The affidavits were all filed as part of a separate investigation into Holder.

The Judicial Qualifications Commission investigated whether Holder hadplagiarized in a paper he wrote as an Air Force Reserve officer in 1997.Holder was cleared of that allegation.

Last year, during a JQC hearing, Holder said under oath that he assisted in afederal investigation into former chief Judge F. Dennis Alvarez, formerCircuit Judge Robert H. Bonanno and former Hillsborough County sheriff'sdeputy Rodriguez.

Menendez Dismissed Holder's Testimony.

"I'm not going to disagree with him," Menendez said. "I don't have anydetails about what he was or was not doing."

Holder declined to comment on the closed investigation.

Barry Cohen, Alvarez's lawyer, said: "I think Mr. Perez is to be commendedfor sending a letter advising the courts that an investigation has beenconcluded. A person spends a lifetime building a reputation. Most of thetime, it's more important that anything we have. When there is a suggestionin the media that someone has been involved in criminal or corrupt activityit is a serious matter and not to be taken lightly. We're glad it's overwith."

Bonanno, who is now in private practice, said no one from the FBI or FDLE

has ever contacted him about any investigation.

"It's really nice to see that the Greg Holder flight of fantasy has finallylanded," Bonanno said. "I don't need any vindication. No one has everaccused me of anything."

Bonanno was discovered after hours in July 2000 inside Holder's darkenedchambers. He resigned in January 2002 as the state Legislature was about tocommence an impeachment hearing.

Rodriguez, who now works as a private investigator, expressed relief thatthe investigation has closed, but frustration that it took so long. A former


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major with the sheriff's office, Rodriguez turned aside an undercoverinformant's attempt to give him a bribe in 2002.

Rodriguez was forced to retire from the sheriff's department in 2003 formaking thousands of dollars worth of unauthorized calls on his department-issued cell phone.

"I dedicated my entire adult life to law enforcement," he said Thursday. "Idon't wish those allegations or those innuendos on my worst enemy."

Judge Asks That JQC Repay FeesGregory Holder Is Innocent

after Spending $1.8-million to Fight Plagiarism Charges.

By Colleen JenkinsTimes Staff WriterJune 9, 2006

TALLAHASSEE - Hillsborough Circuit Judge Gregory Holder askedFlorida Supreme Court justices on Thursday to do something they neverhave done before:

Order the Judicial Qualifications Commission to pay attorneys' fees forjudges who beat the rap on misconduct charges, starting with him.

Holder racked up about $1.8-million in legal fees during his successfultwo-year fight against plagiarism charges.

Justices didn't rule on the motion or talk specifics Thursday, but theyquestioned whether reimbursing Holder would serve a public purpose.

"There's not a pot of money to keep going back to fund these things,"Justice R. Fred Lewis said.

Even if they granted Holder's motion, justices said, the power to actuallypay his legal bill would rest with the state Legislature.

Holder made the unusual request last year after a hearing panel dismissedcharges that he plagiarized portions of a 1998 research paper for a course atMacDill Air Force Base.

It was the first time since 1987 that the JQC dismissed charges against ajudge after a trial.

Complicating matters, the constitutional amendment that regulates JQCprocedure permits the prevailing party to recover legal costs for things such

as copies and experts but doesn't address attorneys' fees.

David Weinstein, Holder's lead attorney, argued that the judge was entitledto recoup the fees because he spent his own money fighting charges relatedto the performance of his official duties. Holder thinks his participation in afederal probe of courthouse corruption prompted the anonymous plagiarismallegation.

The judge's victory helped restore a good judge to the bench and the public'sfaith in the judiciary, Weinstein said during the hearing.

"It's a common law right" to be reimbursed at public expense, he said.


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Weinstein said judges have two inadequate options when faced with publicJQC probes: resign or risk financial ruin mounting a rigorous defense.Holder said he's paid about $100,000 of the total cost to hire attorneys fromthree law firms to depose dozens of witnesses and several experts fromaround the country.

"A blanket rule covering judges' fees is a far more workable rule,"Weinstein said. Because judges rarely prevail, the rule would not put undue

burden on the JQC, he said.

Charles Pillans III, who prosecuted the case for the JQC, said the issuewasn't nearly that broad.

He urged justices to focus on the "very compelling circumstantial evidence"against Holder, saying the case was driven solely by the allegedly cribbed

paper and not the judge's whistle-blowing ways.

"This case did not arise out of Judge Holder's official duties,'' he said.

Chief Justice Barbara Pariente wondered whether holding the JQC liable for

judges' legal fees would make its members less willing to prosecute futuremisconduct cases.

The Holder case has significant ramifications for the ethics body, JQCexecutive director Brooke Kennerly said.

"It's very important how they decide," said Kennerly, who attended the oralarguments. "Because I think the independence of the JQC and its duties can

be affected."

The court did not set a deadline for a decision, which requires four votesfrom the panel of six. Justice Charles T. Wells recused himself fromThursday's proceedings because his daughter recently took a job withPillans' Jacksonville firm, Supreme Court spokesman Craig Waters said.

A ruling siding with Holder would mark only the start of his quest. Thejudge's attorneys have asked the Supreme Court to appoint a special masterto decide how much the judge is entitled to.

Then Holder likely would have to bring his request to the Legislature, whichhas approved only one claims bill of any kind since 2001.

State Rep. Kevin Ambler, a Lutz Republican who served with Holder in theAir Force and Reserve, said after the hearing that legislators may need tocreate a mechanism for judges seeking such reimbursement.

Judge Holder Aims for Spot on Federal BenchCleared of Plagiarism Charges by a Judicial Review Board,

He Seeks a Seat in Federal Court in Jacksonville.

By Candace RondeauxSt. Petersburg TimesJanuary 5, 2006

TAMPA - Last year, Hillsborough Circuit Judge Gregory Holder was facingthe possibility of being booted from the bench. This year, he's looking for anew, higher profile judgeship.


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Six months after the state's Judicial Qualifications Commission cleared himof plagiarism charges, Holder, 52, has applied to be a Florida federal district

judge. A 10-year veteran of state court, Holder is one of 25 candidatesbeing considered for a slot in the Middle District of Florida.

Reached at his office Wednesday, Holder declined to comment.

Florida Judicial Nominating Commission chairman Micky Grindstaff

confirmed, however, that Holder's application was one of several receivedlast month. The appointee would replace retiring Jacksonville federal JudgeHarvey E. Schlesinger but would initially be assigned to work in federalcourt in Fort Myers, Grindstaff said.

"This is a very strong pool of applicants. We have a number of state courtjudges and we have half a dozen or more federal magistrates. There areseveral folks with lengthy federal experience," Grindstaff said. Ifnominated, Holder would not be the first Hillsborough judge to make theleap to the federal judgeship. Several former state circuit judges now workin Tampa's federal courts, including U.S. District Judges Elizabeth A.Kovachevich, Richard Lazzara, James D. Whittemore and James Moody Jr.

But applying for a federal judgeship is a rigorous process. In addition toproviding letters of reference, work and educational history and severalwriting samples, applicants undergo a screening process of interviews and adetailed background check.

Not long ago, a background check might have proved a problem for Holder.Long known as a squeaky clean whistleblower, Holder recently facedallegations that he had plagiarized portions of a research paper by a fellowAir Force reservist. After a lengthy and expensive trial, the JQC clearedHolder of the plagiarism charges in June.

But the controversy didn't end there. A month after the charges weredismissed, Holder's attorneys filed a motion asking the JQC to pay hisnearly $2-million legal bill. Although the JQC recommended paying about$140,000 in costs it balked at using public funds to pay all of Holder's legalfees. The Florida Supreme Court has yet to rule on who should pay.

Ironically, one of Holder's competitors for the federal post is JQC chairmanJames R. Wolf. A judge in the state's 1st DCA, Wolf has twice had a hand inJQC investigations into charges against Holder in recent years.

A select pool of candidates will be interviewed Jan. 25. Following that,committee members will send three or more names to Sen. Mel Martinez,

who will review nominees with Sen. Bill Nelson.

After the bipartisan review, a name will be forwarded to President Bush forofficial nomination and confirmation hearings before the U.S. SenateJudiciary Committee.

Grindstaff said a nominee's name could be forwarded to President Bush asearly as spring.

State Justices To Hear Holder Case

By John W. Allman


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Tampa TribuneDecember 5, 2005

TAMPA - -- As 2005 comes to a close, the legal saga of HillsboroughCounty Circuit Judge Gregory P. Holder does not.

Holder was cleared this year by the Judicial Qualifications Commission ofcharges that he plagiarized a military research paper in the late 1990s andlied about the work. He has said he should not have to pay $1.77 million in

legal fees he accrued during his defense.

Now the state Supreme Court will decide who gets the bill. The court agreedFriday to hear arguments in 2006.

Holder's legal team must submit a brief to the court stating its position byDec. 28. The JQC will have 20 days to respond.

"We're very pleased," David Weinstein, Holder's lead attorney, said Friday."It certainly shows the Supreme Court is interested in the issue and is

prepared to take a hard look at the merits."

Charles Pillans III, the JQC's special counsel in the case, said Friday he hadnot received the court order.

The JQC filed charges against Holder in July 2003.

By the time the case reached trial in June, Holder was revealed as aninformant for the FBI and Florida Department of Law Enforcement in acorruption investigation at the courthouse, and a former assistant U.S.attorney in Tampa was accused of crafting a labyrinthine plot to discreditthe judge.

Holder was cleared by unanimous decision following six days of testimony.

This story can be found at:http://www.tampatrib.com/floridametronews/MGBJ5G0GRGE.html

Judge Deserves Reimbursement

EditorialSt. Petersburg TimesAugust 18, 2005

The agency that polices Florida judges sure thought Hillsborough CircuitJudge Greg Holder's fitness on the bench was at issue when it charged him

with cribbing a paper for an Air Force course. But after spending two yearsprosecuting a case it lost, the state Judicial Qualifications Commissionmakes the reverse argument for not paying his legal bills. This injusticecompounds the wrong-headed decision to prosecute. Holder deservesreasonable reimbursement, and the JQC needs to fix the way it enforces

judicial ethics.

Holder hired three law firms to defend against charges he plagiarized aresearch paper the then-Air Force reservist submitted for work required fora promotion to colonel. The JQC dismissed the charges in June after a weekof testimony before a six-member board that raised doubts about the


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TROXLER

allegations. Holder's original paper was never found - a key lack of evidencethat should have scuttled the case. The origin of the alleged copy was soweak, the JQC, in a rare move, cleared Holder only days after the testimonyended.

Such a sweeping rebuke of the judgment to prosecute should have made theJQC sensitive to Holder's request for legal fees. While the panel suggested itwould repay at least some of his nearly $141,000 in court costs, it balked at

paying roughly $1.8-million additionally in legal fees. Holder is not entitled,at public expense, to the priciest defense his team can assemble. But hecertainly is entitled to recover some costs the state imposed on him and hisfamily. His job and reputation, after all, were at stake. The JQC caught itselfin a tangle. It cannot dodge paying fees by arguing, as it tries, that "there isnot a sufficient nexus" between the paper and Holder's duties as a judgewhen it made the opposite case to justify charging him. And if there is nonexus, what authority did the JQC have to initiate prosecution in the first

place? Rather than prolong a spectacle that undermines support for anagency that has cleaned up the Hillsborough judiciary, the state should offerto pay some reasonable fees and learn from the experience. We know whois watching the judges. Who is watching the JQC?

JQC Needs To Pay Up For Gamble With Weak Case

By Howard TroxlerSt. Petersburg Times ColumnistAugust 16, 2005

If the case against Gregory Holder had been an act onAmerican Idol,Simon Cowell would have sneered it offthe stage.

If the evidence against Holder had to compete onSurvivor, it would have been voted out in the firstepisode.

As things really went, the ethics case against Holder, acircuit judge in Tampa, was thrown out after a panel

actually heard the evidence (or the lack thereof).

To sum up: The case stunk.

Now Holder is asking to be paid $1.77-million for his legal bills. But thesame state outfit that prosecuted him in the first place says he shouldn't get

a dime.

We oughta pay himsomething.

Admittedly, $1.77-million is one big fat lawyer bill. The right way to go is toappoint an outside party, pore through the records and arrive at a figure.

As you might recall, Holder was accused of plagiarism for a paper he wrotein the U.S. Air Force Reserve back in the 1990s.

It was a bizarre case. Holder's accuser popped up with a crudely fakedpaper that supposedly had been slipped under his door. Holder's defense


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was that it wasn't the same paper he turned in, and that he was beingframed.

Since nobody ever found Holder's original paper, there was no way to tellwhether the alleged copy was genuine. It didn'tlook genuine though. It surelooked like a clumsy, artless fake, with portions pasted onto some of the

pages, so that the margin notations didn't even match what was on the page.

Besides, Holder was a proud, pain-in-the-neck, straight-arrow Boy Scout inevery other way, even squealing on other judges for their own ethics

problems. It was extremely unlikely that he would suddenly turn into acheater, especially in the military service of which he was so proud.

Could it be that the JQC's eagerness to prosecute was influenced by ill will?After all, Holder was a constant complainer and a snitch about the statecourt system. He was such a good source for the FBI that at one point thefeds even gave him his own cell phone.

As for the lawyer bills:

Interestingly, there is no cut-and-dried rule in Florida on the payment oflegal defense fees for public officials. In a 1990 case, the Florida SupremeCourt ruled that it depends on whether public officials were defendingthemselves on charges related to their official duties.

Here, the JQC contends that the charges relate to Holder's military service,not to any action he took as a judge.

Yet Holder faced ethics charges only because the JQC decided to file them.He was not accused of any crime, but of violating the canons of ethics thatapply to Florida judges. The charges against him existedpreciselybecauseof his status as a judge, whose "official duties" included obeying those rules.

As a second line of argument, the JQC mounts a "poor man" defense againstHolder's claim, pointing out that it is greater than the commission's annual

budget. The JQC warns that handing out big pots of money for legal feescould hurt the commission's ability to pursue future cases.

To this latter argument, I would reply, using a technical legal term: toughnoogies.

Holder is the total and clear winner in this case. He is the wronged party.The JQC ought not be able to file a weak case against him, drag him throughtwo years of suffering, lose in a slam-dunk ruling and then walk away

whistling.

If anything, there ought to be an investigation into the JQC itself, to seewhether its members violated their oaths of office by pursuing a prosecutionwith insufficient evidence. If the commission suffers a kick in the budget asa consequence, well, fine.

For sure, the JQC is usually the good guy when it comes to judicialmisconduct. We in the Tampa Bay area have plenty of experience with

being rescued from bad judges by the JQC. But in this case, the commissionwent oddly awry. Holder is entitled to reasonable legal fees.


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Judicial Panel Rejects Reimbursing Holder's Fees

By John W. AllmanTampa TribuneAug 10, 2005

TAMPA - Circuit Judge Gregory P. Holder was not acting as a judge whenhe wrote a military research paper he later was alleged to have plagiarized,

and therefore he should not be paid for his attorney fees.That was the response this week of the Judicial Qualifications Commissionto Holder's request to the Florida Supreme Court last month for $1.77million he says he owes three law firms that handled his successful defense.

The court will take the matter under advisement and determine what thenext step will be, said Craig Waters, a public information officer for the highcourt.

Holder, at the time an Air Force Reserve lieutenant colonel, was accused ofcopying passages from a peer's research paper during a 1997-98 militaryclass he took while seeking promotion to colonel. He also was alleged to

have violated judicial ethics by certifying the work as his own.

The JQC, which polices Florida's judges, dismissed charges against Holderon June 23. The panel found that while troubling, the evidence failed tomeet the level needed to clearly and convincingly establish guilt.

Holder's motion for fees cites Florida case law that states public officials areeligible for reimbursement of fees at public expense if the case coincideswith their official duties and serves a public purpose.

Charles Pillans III, the JQC's special counsel in the Holder case, in aresponse Monday, said that while Holder's case served a public purpose,

there is no correlation between his job as a judge and his writing a researchpaper.

Pillans also said that Holder's request ignores a Florida Supreme Courtruling that costs accrued during a JQC proceeding ``must be kept withinstrict bounds'' so the JQC is not deterred ``from initiating a prosecution or a

judge from defending against a charge.''

The same ruling, Pillans wrote, states that costs are not to include attorneyfees.

Holder also has asked for reimbursement of court costs totaling $140,870.

The JQC hearing panel, in a separate response filed Monday, asked thecourt to refer that issue back to the panel to determine the exact amount ofcosts to be awarded.

Reporter John W. Allman can be reached at (813) 259-7915.

This story can be found at: http://www.tampatrib.com/floridametronews/MGBDP6137CE.html

Holder's Pricey Defense


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EditorialTampa TribuneAug 3, 2005

Hillborough County Circuit Judge Gregory Holder says he racked up a$1.92-million tab fighting charges that he plagiarized an Air Force research

paper. Now, a month after the case was dismissed, he wants the JudicialQualifications Commission to foot the bill.

"I've paid considerable sums and so has my family," Holder said.

On Monday, Holder's attorneys filed a motion asking the JQC to pay thejudge's legal bill. Holder hired attorneys from three separate law firms alittle more than two years ago to defend against charges he plagiarized a1998 research paper for a course at MacDill Air Force Base. His attorneysdeposed dozens of witnesses and called several experts to the stand duringthe June JQC hearing.

Holder said he's personally shelled out about $100,000 for his legal defense.It's just a fraction of what he owes, but it represents about 75 percent of his

nearly $135,000 annual salary. In a 2001 financial statement, the judgelisted his net worth at $265,680.

During the JQC hearing, several witnesses raised serious doubts aboutallegations that the former Air Force reservist had cribbed the paper fromanother student, E. David Hoard. No one was ever able to produce the

paper Holder originally submitted. The JQC concluded the evidence againstHolder was not convincing enough and dismissed the charges againstHolder.

A June 23 JQC order recommended that the Florida Supreme Court awardcosts to Holder. But commission officials said costs are one thing, attorney

fees are quite another.

"It seems awfully high to me," said JQC general counsel Tom McDonald.

McDonald said Tuesday that he hadn't seen the motion filed by Holder'sattorney. But he said the JQC's annual budget is only about $800,000.

"We can't pay it," said JQC general counsel Tom McDonald. "The statewould end up paying it."

Holder's Tampa attorney, David Weinstein, said he was "cautiouslyoptimistic" that the six-member panel that reviewed Holder's case wouldconsider paying the estimated $140,000 in costs. Weinstein acknowledged,however, that he'll probably have a fight on his hands when it comes tocollecting the roughly $1.77-million in legal fees. But he said the fees arereasonable.

"It's not unusual for a case that goes on for several years and that involvesexperts and witnesses and depositions from around the country," Weinsteinsaid. "We had to start from scratch investigating these charges ourselves.This was a very time-consuming and expensive proposition."

Charles Pillans, the JQC's special counsel on the Holder case, said thepayment of attorney fees would be unprecedented.


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"I think there will be an issue as to whether they're entitled to fees," he said.

Weinstein cited Florida common laws that entitle public officials whosuccessfully defend against legal charges brought in connection with their

jobs to seek to recover expenses. He has asked the court to appoint aspecial master to determine what, if any, fees can be collected from theJQC.

The JQC rarely dismisses charges after a full hearing. In 1987, OrlandoJudge Joseph Baker faced an allegation that he had taken a leave of absencewithout getting permission from his chief judge. The JQC tried the case butdecided the evidence was not convincing.

The commission's executive director could not be reached to comment onwho bore responsibility for Baker's costs and fees.

In the Holder case, as with Baker, the JQC will make a recommendation tothe court about the repayment of costs and fees. McDonald said he doubtsHolder will get everything he's asking for.

"We probably will negotiate with him on costs but the court has ruled thatfees are not to be repaid," McDonald said.

This story can be found at:http://www.tampatrib.com/News/MGBYSYPTWBE.html

Judge Seeks $1.92-Million in Costs Defending Self

After winning a case last month, Hillsborough Circuit Judge Gregory Holderwants the Judicial Qualifications Commission to pay his legal bills.

By Candace Rondeaux

St. Petersburg TimesJuly 26, 2005

TAMPA - Hillsborough Circuit Judge Gregory Holder says he racked up a$1.92-million tab fighting charges that he plagiarized an Air Force research

paper. Now, a month after the case was dismissed, he wants the JudicialQualifications Commission to foot the bill.

"I've paid considerable sums and so has my family," Holder said.

On Monday, Holder's attorneys filed a motion asking the JQC to pay thejudge's legal bill. Holder hired attorneys from three separate law firms alittle more than two years ago to defend against charges he plagiarized a1998 research paper for a course at MacDill Air Force Base. His attorneysdeposed dozens of witnesses and called several experts to the stand duringthe June JQC hearing.

Holder said he's personally shelled out about $100,000 for his legal defense.It's just a fraction of what he owes, but it represents about 75 percent of hisnearly $135,000 annual salary. In a 2001 financial statement, the judgelisted his net worth at $265,680.

During the JQC hearing, several witnesses raised serious doubts aboutallegations that the former Air Force reservist had cribbed the paper from


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another student, E. David Hoard. No one was ever able to produce thepaper Holder originally submitted. The JQC concluded the evidence againstHolder was not convincing enough and dismissed the charges againstHolder.

A June 23 JQC order recommended that the Florida Supreme Court awardcosts to Holder. But commission officials said costs are one thing, attorneyfees are quite another.

"It seems awfully high to me," said JQC general counsel Tom McDonald.

McDonald said Tuesday that he hadn't seen the motion filed by Holder'sattorney. But he said the JQC's annual budget is only about $800,000.

"We can't pay it," said JQC general counsel Tom McDonald. "The statewould end up paying it."

Holder's Tampa attorney, David Weinstein, said he was "cautiouslyoptimistic" that the six-

member panel that reviewed Holder's case would consider paying the

estimated $140,000 in costs. Weinstein acknowledged, however, that he'llprobably have a fight on his hands when it comes to collecting the roughly$1.77-million in legal fees. But he said the fees are reasonable.

"It's not unusual for a case that goes on for several years and that involvesexperts and witnesses and depositions from around the country," Weinsteinsaid. "We had to start from scratch investigating these charges ourselves.This was a very time-consuming and expensive proposition."

Charles Pillans, the JQC's special counsel on the Holder case, said thepayment of attorney fees would be unprecedented.

"I think there will be an issue as to whether they're entitled to fees," he said.

Weinstein cited Florida common laws that entitle public officials whosuccessfully defend against legal charges brought in connection with their

jobs to seek to recover expenses. He has asked the court to appoint aspecial master to determine what, if any, fees can be collected from theJQC.

The JQC rarely dismisses charges after a full hearing. In 1987, OrlandoJudge Joseph Baker faced an allegation that he had taken a leave of absencewithout getting permission from his chief judge. The JQC tried the case butdecided the evidence was not convincing.

The commission's executive director could not be reached to comment onwho bore responsibility for Baker's costs and fees.

In the Holder case, as with Baker, the JQC will make a recommendation tothe court about the repayment of costs and fees. McDonald said he doubtsHolder will get everything he's asking for.

"We probably will negotiate with him on costs but the court has ruled thatfees are not to be repaid," McDonald said.

****


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The cost of Judge Gregory Holder's defense

TOTAL COSTS: $140,870.79

A sampling of costsExpert expenses & fees: $63,226.86Copy fees: $19,065.56Trial exhibit expenses: $2,547.78

Legal research fees: $9,527.00

TOTAL ATTORNEY FEES: $1,779,691.81

By law firmBales Weinstein: $1,194,947.50Sidley Austin Brown & Wood: $533,627.50James, Hoyer, Newcomer & Smiljanich: $51,116.81

Judge Holder Cleared By Panel

By John W. AllmanTampa TribuneJune 23, 2005

TAMPA - Hillsborough Circuit Judge Gregory Holder was clearedWednesday of charges that he plagiarized a research paper in 1997 andviolated judicial ethics by certifying the work as his own.

The verdict, which was unanimous, was delivered by a six-person hearingpanel of the Judicial Qualifications Commission, the agency that policesFlorida's judges. It was outlined in a 2 1/2-page dismissal order.

Although some of the evidence against Holder was ``troublesome,'' theorder stated, it failed to meet the level needed to clearly and convincinglyestablish guilt.

``The evidence was extremely conflicting and the implications disturbing,''the order continued. ``The credibility of certain witnesses was in doubt. Thememories of the long past events were unclear.''

Neither Holder nor his attorneys returned telephone calls Wednesday nightseeking comment.

Leonard Haber, a clinical and forensic psychologist from Miami Beach whois a lay member of the JQC hearing panel, said in an interview that no singlefactor led the panel to its finding.

``I couldn't point to one thing,'' Haber said.

Neither side could produce an original copy of Holder's research paper, andseveral witnesses gave conflicting testimony about having seen it, he said.

Haber declined to say when or how the panel reached its decision but saidmembers had an ongoing sense of the evidence as it emerged in whatamounted to a trial this month at the Hillsborough County Courthouse.

Panelist John Cardillo, a Naples lawyer, said he, too, found the evidence


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conflicting.

``Anybody who sat through that trial could see both sides had a point,''Cardillo said.

It was complicated, he added, by witnesses on each side whose testimonywas problematic, he said. In particular, he cited Assistant U.S. AttorneyJeffrey Del Fuoco, who testified that he received the disputed research

paper anonymously in 2002.

``I would say that he had some memory problems,'' Cardillo said.

For Holder, the verdict ends an ordeal that began nearly two years ago.

The JQC filed charges against him in July 2003 alleging that he had cribbednearly 10 pages of text verbatim from a colleague for a research paper hehad to submit as a requirement for promotion in the Air Force Reserve.

Holder, 51 and a West Point graduate, was a lieutenant colonel in theReserve at the time and was striving to make colonel. The case rested upona photocopy of what was purported to be his research paper. No original

version of it could be found.

Holder denied the plagiarism allegation and subsequently said he had beenframed by unnamed enemies.

At times, his conspiracy theory and a subplot involving his role in along-running public corruption investigation threatened to overshadow theJQC hearing.

Holder testified that during 2001 and 2002, he helped FBI and FloridaDepartment of Law Enforcement agents with the corruption investigation. Itwas begun over allegations of past case-fixing at the courthouse, as well as

prostitution, gambling and money laundering, involving judges and somethen in law enforcement.

Holder named three people as being targets of the probe: Former ChiefJudge F. Dennis Alvarez, former Circuit Judge Robert Bonanno and RockyRodriguez, formerly a major in the Hillsborough County Sheriff's Office.

Alvarez, speaking through his attorney, and Bonanno chided Holder'stestimony as rumor. Rodriguez did not respond to a request for comment.

No one has been charged in the investigation. The case is ongoing, the FBIsays.

Holder testified that people at the courthouse knew he was an informant.He also testified about writing a letter to the Justice Department in 2002 inwhich he complained that investigators hadn't followed up on evidence he

provided of case-fixing and bribery.

Holder's attorneys zeroed in on Del Fuoco. He stood to be embarrassed themost by Holder's criticism of the investigation, they said, because Holderwas complaining to Del Fuoco's superior.

Del Fuoco, however, stood by his account under cross-examination.


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This story can be found at: http://www.tampatrib.com/News/MGB9C2VIAAE.html

Panel's Decision On Judge Could Take Weeks


TAMPA - There's the simple answer, and the not so simple.

The simple answer might mean disgrace. The not so simple could rocketskepticism of law enforcement in Hillsborough County to a new plateau,one where anyone is capable of anything.

In the middle of it all is a man accustomed to being behind the bench, noton trial before it: Hillsborough Circuit Judge Gregory P. Holder, a militaryman from a military family, who may or may not still have his job comeJuly.

Holder's six-day hearing before the state Judicial Qualifications Commissionended Tuesday with a recap of allegations that he plagiarized an Air ForceReserve research paper in 1997-98.

The West Point graduate, where honor is supposed to mean all, is accusedof breaching judicial ethics by signing a certificate affirming the paper as hisown.

The allegation has been hanging over Holder for two years. Now he mustwait while a JQC hearing panel - in essence, a jury of his peers - considerswhether clear and convincing evidence exists of guilt. If so, Holder couldface a range of punishment up to removal from the bench.

The courtroom filled early Tuesday for closing arguments. More than 60Holder supporters were there. ``Thank you all for coming,'' said his mother,Alice.

Charles Pillans III, retained by the JQC to prosecute the case, offered thesimple answer: The judge made a terrible mistake. Stressed and rushing tomeet a deadline, he lifted 10 pages of text verbatim from a paper writtenyears earlier by a military colleague.

David Weinstein, Holder's lawyer, countered with a more elaborateexplanation, a not- so-simple conspiracy theory that plays off Holder's roleas an FBI informant in an ongoing public corruption investigation. A plot todiscredit the judge perhaps carried out by a controversial assistant U.S.attorney, Jeffrey Del Fuoco, who once specialized in corruption cases,Weinstein said. He fabricated the disputed paper, then lied about it,Weinstein suggested.

``That [he] made this up is pure fantasy,'' Del Fuoco's attorney, CraigHuffman, said Tuesday night. `My client's credibility is beyond question.''

Original Copy Missing

The hearing was hindered by the fact that no one has an original version of


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Holder's research paper, which he submitted in January 1998 as part of anAir War College course. At the time Holder was seeking promotion in theAir Force Reserve to colonel.

Neither the judge nor the military can locate an original copy of thedocument. The paper in dispute is a photocopy.

Pillans said Holder had already flunked the first exam of the course becausehe didn't read the material. His judicial office was moving. His wife was ill,

and his judicial assistant was on pain medication and having trouble typingthe paper in the military's exacting format.

Then Holder made a poor choice, Pillans said. He had asked for, andreceived, a copy of a peer's paper, one whose passages appear in the

plagiarized version. The same paper was found typed into his judicialassistant's computer. Text from that computer file appears verbatim in the

plagiarized copy, Pillans said.

The disputed photocopy also contains written comments specific to the text,Pillans said, put there by the Air Force Reserve officer who graded Holder's

paper.

If the photocopy was fabricated, then the fabricators were ``ingenious,''Pillans said. ``They put incorrect information in there and then comments

pointing out [its inaccuracy].''

Del Fuoco, Pillans said, didn't act like a conspirator. He testified during thehearing that he received an anonymous package in 2002 containing tworesearch papers, one of them the alleged Holder paper.

By that point, Holder was aiding agents investigating allegations ofcourthouse corruption. Del Fuoco was the federal prosecutor heading up the

probe.

``To suggest to you [that Del Fuoco] had some motive to derail a publiccorruption case,'' Pillans said, ``there's no basis, no motive, no fact.''

Credibility Questioned

Citing testimony Monday from Manatee County Sheriff Charles Wells, whosaid Del Fuoco once tried to extort money from him, Weinstein argued thatDel Fuoco is a liar with no credibility.

And he had motive - a letter from Holder to the Justice Departmentcriticizing the slowness of the corruption investigation.

``If there was an anonymous source, that person would have come forwardby now,'' Weinstein said. ``They don't exist.''

The simple, and the not so simple.

The members of the hearing panel went home to ponder the evidence. Thechairman, Escambia County Circuit Judge John Kuder, said the verdictcould take two weeks.

Reporter Lenny Savino contributed to this story. John W. Allman can be

reached at (813) 259-7915.


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This story can be found at:http://www.tampatrib.com/FloridaMetro/MGBFEL2YY9E.html

Judge Names Inquiry's Targets

By Candace RondeauxSt. Petersburg TimesJune 14, 2005

TAMPA - Two years ago, Hillsborough Circuit Judge Gregory Holder'slower left desk drawer was just an ordinary file holder. But on Monday, thedrawer and its contents became a Pandora's box of questions about theformer Air Force reservist's role as a courthouse whistle-blower in a federalinvestigation into courthouse corruption.

Less than a week after a Tampa detective testified that Holder, 51, was akey witness in the federal corruption inquiry, Holder detailed his role in theinvestigation and named several Tampa officials as targets of theinvestigation in testimony before the Judicial Qualifications Commission.

"The targets of that federal investigation were (Judge) F. Dennis Alvarez,

Judge Robert Bonnano and Maj. Rocky Rodriguez of the HillsboroughCounty Sheriff's Office," Holder said.

Holder also again denied allegations brought by the JQC that he plagiarizeda 1998 Air Force research paper. He said he was meticulous about the filehe kept in his desk drawer that contained both the paper he submitted for anAir Force course and a similar paper by another student, E. David Hoard.

Holder has consistently contended that the allegations stem from his role inthe federal investigation. The veteran jurist's defense attorneys also haverepeatedly brought up an incident involving a nighttime visit Bonnano madeto Holder's chambers in July 2000, but have made no direct allegation that

Bonnano might somehow be behind the current accusations against Holder.

Holder told the six-member panel he provided information to federalinvestigators about courthouse corruption from September 2001 to May2002.

"I felt that my actions as a cooperating witness were consistent with myoath to God and the community," Holder said.

The JQC panel will decide whether Holder cribbed parts of the researchpaper from Hoard, a fellow Air Force reservist. If the panel finds theevidence against Holder to be credible and convincing, they can

recommend to the the Florida Supreme Court punishment ranging from areprimand to removal from the bench.

Holder has questioned what became of the federal inquiry. In November2002, Holder fired off a stern letter to the U.S. Justice Department's Officeof Professional Responsibility that raised concerns about how thecorruption inquiry had been handled. He said he was incensed by the FBI'sdecision to drop the inquiry despite "compelling evidence" he had providedabout a bribe received by another unnamed Circuit Court judge in Tampa.

http://www.tampabay.com Copyright 2003 St. Petersburg Times


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Holder Says Others Had Ax To Grind In Frame-Up

By John W. AllmanThe Tampa TribuneJun 15, 2005

TAMPA - Former Chief Judge F. Dennis Alvarez is a target in a sweepingfederal and state corruption investigation stretching from the HillsboroughCounty courthouse to the Sheriff's Office, a sitting judge testified Monday.

The judge, Gregory P. Holder, spent eight months as an FBI informant in thecorruption investigation, and is currently on trial for allegedly plagiarizing aresearch paper he wrote as an Air Force Reserve officer in 1997.

The probe was launched four years ago by the FBI and Florida Departmentof Law Enforcement. It has focused on allegations of case-fixing at thecourthouse, prostitution, money laundering and illegal gambling.

A longtime Alvarez friend, former Circuit Judge Robert H. Bonanno, also isa target of the investigation, Holder said. Bonanno resigned 2 1/2 years ago

on the eve of an impeachment hearing after a bailiff caught him insideHolder's chambers after hours in 2000 while Holder was out of town.

And so is Rocky Rodriguez, a former Hillsborough County sheriff's majorwho was once considered a likely successor to former Sheriff CalHenderson, Holder said. Rodriguez retired in lieu of being fired in 2003 formaking scores of personal calls on his departmental cellular telephone, mostto his girlfriend.

Alvarez left the bench under pressure in 2001 after a series of courthousescandals.

Holder named the three testifying in his own defense before the JudicialQualifications Commission, the body that regulates Florida's judges. A JQChearing panel is considering the plagiarism case against him. Holder isaccused of violating Florida's Judicial Code of Conduct by signing astatement on the paper affirming the work as his own. If convicted, he could

be removed from the bench.

Holder's defense is that he was framed because of his role in the corruptioninvestigation.

``The folks I was offering evidence against knew of my involvement,''Holder testified, ``and would do anything to stop the investigation.''

Several witnesses for Holder, however, testified that they knew of noattempt to discredit or harm him, even after word began to spread that hemight be cooperating in the probe.

Coming To A Conclusion

Monday marked the fifth day of testimony. The proceeding is expected toconclude today.

Holder's role as an informant spanned part of 2001 and early 2002. Agentsrepeatedly met with Holder secretly and told him to call a secret telephone


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number if he needed anything, according to court documents.

Holder's former judicial assistant, Lorraine Nasco, testified last week thatshe also met with agents and was given a phone number to call if she feltthreatened.

Holder did not say how he knew that the agents were focusing on Alvarez,Bonanno and Rodriguez, nor did he say anything about what the agentswere after.

But court documents show that Holder told them about a judge believed tohave taken a bribe.

Holder pointed agents to other judges at the courthouse, he testified.

``They spoke with a number of colleagues,'' he said.

Asked why they picked him out of more than 50 sitting judges, Holder fellback on his reputation for tolerating no wrongdoing.

``They thought I had information,'' he said, ``[and they] felt I was honestand forthright and would do the right thing.''

Charles Pillans III, the JQC's special counsel in the case, suggested that byassisting in the investigation, Holder might have violated another provisionof Florida's Judicial Code of Conduct. Pillans also asked if Holder soughtadvice before agreeing to help.

``At no time did I seek anyone's advice,'' Holder replied, adding that he didnot actually investigate anything.

In other developments Monday:

* A computer software expert testified that with modern technology,

someone could have easily created a forgery to make it look as thoughHolder's research paper had been plagiarized.

* Holder's cross- examination revealed inconsistencies in what he toldmilitary investigators when the plagiarism allegation first surfaced againsthim and what he has said since.

* After recalling names, dates and minute details of his life in directtestimony last week, Holder said he couldn't remember certain things aboutthe disputed research paper.

* And members of the hearing panel peppered Holder and other witnesses

on his behalf about his character.After learning that Holder had once failed a military exam, for example,

panel member John T. Cardillo asked about Holder's failings.

``We've heard a lot about all his qualities,'' Cardillo said. ``There are thingsthat occur. We're not dealing with someone who is super-human.''

Holder Breaks New Ground

But the big news came when Holder named names, and thus became thefirst person with inside knowledge about the corruption investigation to


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speak of it publicly.

Alvarez, speaking through his attorney, Barry Cohen, brushed asideHolder's revelation.

``Judge Holder of all people should know that we're a system of facts andevidence, not rumor and scuttlebutt,'' Cohen said. ``The [corruption]investigation is four years old and we assume that if there were any fact tosupport any allegations of wrongdoing, the government would have acted.''

Bonanno said much the same.

``I have been hearing about this ongoing corruption probe for four years,''he said. ``Greg Holder has spoken to every agency that would listen to him.It's all in his head. It's sad.''

Rodriguez did not return telephone calls seeking comment.

FBI and FDLE officials said Monday they're prohibited from discussingongoing investigations.

But Carl Whitehead, special agent in charge of the FBI's Tampa office,recently said in an interview that the corruption investigation is still active.

Reporter Lenny Savino contributed to this story. John W. Allman can bereached at (813) 259-7915.

This story can be found at:http://www.tampatrib.com/floridametronews/MGBTFG8MX9E.html

Judge's Lawyers Say Paper Fake

Hillsborough Circuit Court Judge Gregory Holder Is Accused ofPlagiarizing a Research Paper He Wrote in 1998 for a Seminar at theMacdill Air Force Base.

By Jennifer Liberto,St. Petersburg Times.June 9, 2005

TAMPA - Missing, zig-zagging staples and a wrong date were citedWednesday as reasons to doubt the authenticity of a research paper beingused to attack the integrity of Hillsborough Circuit Court Judge GregoryHolder.

Holder's defense team began presenting its case Wednesday before theJudicial Qualifications Committee, which is considering whether Holder

plagiarized a 1998 research report written for a seminar at MacDill AirForce Base.

Holder has since retired from the U.S. Air Force Reserve but had completeda research paper to further his rank.

Now attorneys are arguing about two copies of a research paper, whichhave since surfaced, while the original has disappeared. The copies show


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that 10 pages of Holder's 21 page report were copied verbatim from a reportwritten by a Pentagon employee.

Holder and his attorneys say these copies are not the report Holdersubmitted to U.S. Air Force officials at Air War College. The defense saysthe research papers presented at the JQC hearing were fabricated, in a plotto retaliate against the judge for his part in a pending federal corruptioninvestigation at the Tampa courthouse.

Holder, 51, could lose his job if the panel finds the plagiarism charges areclear and convincing during the hearing. The deliberations are expected tocontinue through next week.

Holder's attorneys started building their case Wednesday that Holder did notauthor the research paper copies in question. Their strongest witnessesincluded a forensic analyst who specializes in documents and said the

papers were forged. Also a Tampa Police Department employee said thatHolder could be a target for retaliation.

Detective James Bartoszak had been working with the FBI investigatingcorruption at the courthouse and said he worked with Judge Holder, who

had been a secret informant in the investigation.

Holder had been given a secret mobile phone for contacting lawenforcement to avoid tipping anyone off about his cooperation, Bartoszaksaid.

Later, Bruce Dekraker, a documents analyst with Green and Associates ofTampa, said that the two copies in question had clearly been assembled,which he determined by analyzing different numbers of staple holes indifferent pages. Some had up to nine holes, some had four and one hadnone. "It's consistent with forgery," Dekraker said.

The defense also presented a videotaped deposition given by Tampaattorney John Vento who said he had read an original copy of Holder'sungraded research paper back in 1998, because Holder had sent him a copyto read over. Vento, also an Air Force veteran, had earlier completed aresearch paper for the same Air War College course and had coachedHolder how to approach the research paper.

Vento gave examples of how the research paper in question contained manytypographical and factual errors, such as the wrong date for the Battle ofBritain in World War II, something Holder would have known.

The commission makes recommendations to the Florida Supreme Court

about whether a judge should be privately or publicly reprimanded,suspended or even removed from office.

Witnesses Say No EvidenceOf Plot To Discredit Holder


TAMPA - Hillsborough County Circuit Judge Gregory P. Holder has said for


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nearly two years that he is the victim of an elaborate effort to discredit himand undermine his role as a federal informant in a sweeping publiccorruption investigation.

As the third day of testimony ended Wednesday in his JudicialQualifications Commission hearing, the crucial questions - why, who andhow - remain unanswered.

Holder, an Air Force Reserve colonel, is alleged to have plagiarized an

academic paper he submitted seven years ago for a military class to gainpromotion. He is accused of violating judicial ethics by signing a statementon the paper authenticating his work.

If the JQC's hearing panel, which polices Florida's judges, finds him guilty,Holder could be removed from the bench.

Two law enforcement experts who worked the corruption investigation bothtestified Wednesday that there is no evidence anyone has tried to discredithim.

Scott Peterka, a Florida Department of Law Enforcement agent, spoke at

length about a July 2000 incident in which former Circuit Judge RobertBonanno was found inside Holder's locked judicial office.

The incident sparked a grand jury inquiry and defined a time of turmoil atthe courthouse. Bonanno, former Chief Judge Dennis Alvarez and formerCircuit Judge Gasper Ficarrotta all resigned during that period. All hadissues with Holder.

``The question has been raised maybe someone, someone in the courthouse,fabricated the paper,'' Charles Pillans III, special counsel to the JQC, said oncross- examination.

Peterka said he was not testifying that Alvarez, Bonanno or Ficarrotta wasinvolved.

Tampa police Detective James Bartoszak, who spent more than a year withthe FDLE and FBI investigating possible corruption at the courthouse andthe sheriff's office, said it is typical for targets in white-collar corruptioncases to try to discredit informants.

``Putting them in compromising positions with women. Planting drugs intheir vehicles,'' he said, adding that he has never heard of anyone forging aresearch paper as retaliation.

Bartoszak, however, could not name names. He said the corruptioninvestigation remains open.

He told Pillans he had no knowledge of `àny direct retaliation against JudgeHolder.''

The day began with Holder's attorney, Steven T. Cottreau, addressing aninvisible witness. Pillans called it the most ``surreal event'' in his legalcareer.

`Ì can't disagree with that,'' said Circuit Judge John Kuder of Pensacola,who is chairing the JQC panel. `Ìt is unusual and hard for me to grasp, too.''


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Cottreau said he wanted to inform the panel of what he might ask Pillan'schief expert, Linda James, a forensic document examiner from Dallas.Cottreau's address, however, became a monologue on why James'conclusion is wrong.

The Tampa Tribune hired James in February 2004 to review the paperallegedly plagiarized by Holder. She, along with two other experts retained

by the newspaper, concluded the purported Holder paper had not been

forged.

Pillans sought James as a witness after the Tribune's story appeared. She isrecovering from a medical condition at her home, he said, and is unable toappear at the hearing.

Holder's expert is Bruce Dekraker, a former law enforcement officer withmore than 30 years' experience detecting falsified documents.

He inspected two documents at issue in the Holder case: one slippedanonymously under the door of an assistant U.S. attorney in early 2002 andanother copy found nearly a year later by the same person in a storage

locker.

Both documents have markings on them similar to notations made by aninstructor grading the work. However, both are missing key marks such as awritten grade and a time-date stamp used to log a paper when it issubmitted.

Dekraker based his analysis on such criteria as staple marks that don't lineup. He concluded that critical portions of the two papers - the cover sheetand 10 pages of verbatim text lifted from another student's paper - areactually duplicates.

``They're highly remanufactured documents,'' Dekraker said, ``and, in myopinion, they're forgeries.''

``What level of sophistication would it take to forge these papers?'' askedpanelist Howard Coker.

Dekraker said it would require computer skills, including use of AdobePhotoshop, a program that allows for manipulation of images; a knowledgeof the military course Holder took; and, the ability to write a militaryresearch paper.

``If one person did it, he'd have to possess all those abilities,'' Coker said.

http://www.tampatrib.com/floridametronews/MGBZPMOFQ9E.html

Ex-Judge Recounts Invitation To Clique

By John W. Allman and Michael FechterThe Tampa TribuneMay 2, 2004

Tampa Fl - The conversation, he says, came less than a year after hebecame a Hillsborough County judge.


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He sat and listened, he says, as a judge told him about a small band ofjudges who gave one another a heads-up whenever friends were to come tocourt. Then the other judge asked whether he would join the group.

Donald Evans remembers that he was stunned.

He still appears to be, more than 20 years later, recounting the moment,with clarity and conviction, when he says he realized he was privy to ``some

conspiracy of sorts amongst a handful of judges.''

Evans said it was his first substantial interaction with F. Dennis Alvarez ,the man who would eventually control the courthouse for 12 years as chief

judge. At the time, Evans and Alvarez were county judges. Evans wasessentially a rookie, having taken the bench in 1982.

Alvarez said `` `I have this same understanding with six, seven, eightjudges,' '' Evans said in an interview with The Tampa Tribune. ``I said,`Dennis, don't put me on your list.' ''

Evans didn't report the conversation at the time, he said.

But it stayed with him, much like a subsequent series of events with anothercolleague, Circuit Judge Robert Bonanno, one of Alvarez's closest friends.

The events Evans describes provide the first detailed look at the courthouseissues tied to a broad federal and state corruption investigation in Tampa.

The probe, being conducted by the FBI and Florida Department of LawEnforcement, has been moving along two tracks. One involves allegationsof past case-fixing at the courthouse by former judges and others. The otherinvolves allegations of money laundering, loan-sharking, illegal gamblingand prostitution, and has touched on individuals in law enforcement and

private business.

Evans, 65, has been interviewed twice by FBI agents, he said, most recentlyin late 2001.

Although several past judges thought to be under scrutiny, including Alvarezand Bonanno, have resigned while being investigated for noncriminalethical issues, no one has been criminally charged in the corruptioninvestigation.

The Players Involved

Evans' relationship with Alvarez and Bonanno would play out over the next

two decades, culminating in a rumor being spread about Evans' sexualityand Evans later being subpoenaed to testify before a state legislativecommittee that was considering whether to recommend Bonanno'simpeachment.

Alvarez, now a private lawyer, initially agreed to an interview for this story,then canceled, then said he would not comment publicly even after hearingEvans' claims in detail.

Bonanno, after an expletive- filled rant against Evans, also initially agreedto consider an interview. He did not return three subsequent phone calls.


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The Tribune spoke with Chief Judge Manuel Menendez Jr., Circuit Judges J.Rogers Padgett and Debra Behnke, the late Circuit Judge Robert J. Simms,who died of an apparent heart attack April 9, six other current or formercircuit judges who refused to allow their names to be used, plus formerChief Judge J. Clifford Cheatwood.

All but one had heard about some or all of Evans' experiences eitherdirectly from him or from others at the courthouse.

Menendez declined to talk about Evans without saying why.

Many of the other judges interviewed by the Tribune said they respectEvans and have no reason to doubt him, although some questioned why hewould go public with his story now.

Evans is perhaps best remembered for his 10 years at the helm ofHillsborough County's drug court, an alternative to jail or prison for peoplewho might benefit from treatment for substance addiction. He retired fromthe bench in January 2003 and now runs a private mediation office.

`Ì'm confident there's not any sort of mass conspiracy'' involving all ofHillsborough County's judges, Evans said, `ànd the vast majority of judges Ihold in high esteem.''

But Evans does not feel that way about Alvarez and Bonanno, who hebelieves led a small clique of judges who ``held great sway over some oftheir colleagues.''

The Conversation

Evans launched a quiet campaign while on the bench to inform and educatenew judges about the ways of the courthouse when they were elected orappointed. He took them to lunch or spoke to them in passing.

`Ì would tell them about that meeting with Dennis,'' Evans said. ``When hedid it to me, I had no idea it was coming. At least they could have aheads-up.''

It was his way of trying to `ùndermine their efforts to compromise newjudges,'' he said.

Alvarez's alleged overture began with a telephone call, Evans said. Evanswasn't available and called Alvarez later. This time Alvarez wasn't available.Meanwhile, Evans kept the cases on his docket moving through court.

Later, Alvarez came to his office, Evans said.

``He said, À friend of mine came in front of you today.' '' Evans recalled,after which Alvarez mentioned the person by name. `Ì said, `Yeah, Ihammered him pretty heavy.' He said, `Yeah, you sure did. That was thereason I was calling you, because he was a friend of mine.' ''

In that case, Evans said, it was just as well he and Alvarez hadn't spokenbeforehand. If they had, Evans said, he would have recused himself andpassed the case to another judge.

Alvarez assured him that he wouldn't have asked him to do anything wrong,


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Evans said. Then, he said, Alvarez made his pitch.

``He said, `Look, you're going to have people that are friends of yours comein front of me,' '' Evans said. `` Ì'm going to have friends come in front ofyou. I would like to be comfortable calling you. If a friend of yours comesin front of me, I would like you to be comfortable calling me.' ''

That's when Alvarez said ``six, seven, eight'' other judges did this for oneanother, Evans said.

`Ì reached a clear conclusion,'' Evans said. `Ì concluded that the reasonthere was a sharing of this friendship relationship was because there was anexpectation it would be a factor in how the case would be handled.''

What sort of factor? ``That there would be some level of preferentialtreatment,'' Evans said.

Alvarez left when Evans told him he wasn't interested, Evans said.

``He smiled, said he understood and that was it,'' Evans said.

The Judges' Feud

Evans took the opportunity to tell new judges about other incidents, as well.

He said he talked about what he perceived as a questionable arrangement inthe county's traffic court whereby defendants with attorneys could enter nocontest pleas, have judgment withheld and be penalized court costs only.That allowed them to keep their records clean.

He talked about how his decision not to follow suit angered the attorneys,and about how Bonanno, also then a county judge, had once disposed insimilar fashion of a number of cases assigned to Evans - without Evans'knowledge or approval.

Evans protested to Bonanno afterward, he said. Nothing was resolved. Tothe contrary, they began a long-running feud.

For example: Bonanno subsequently applied for a seat on the circuit courtbench. Evans said the chairwoman of the Judicial Nominating Commission,a panel that recommends judicial candidates to the governor whenvacancies occur, called him to ask whether a story she had heard aboutBonanno disposing of Evans' cases was true. It was, Evans said, and thecommission passed over Bonanno for the nomination.

Then things got really ugly.

Bonanno, aided by Alvarez, launched a smear campaign that angers Evansto this day, he said.

Evans was going through a divorce. A rumor began circulating about adocument in Evans' divorce file in which he supposedly acknowledged

being gay and having had a torrid affair. As if seeking added shock value,his partner was alleged to have been black.

A fellow judge, Susan Bucklew, who now sits on the federal bench, told himthat she heard the rumor from Alvarez and Bonanno, Evans said. Bucklewdid not respond to repeated requests for comment.


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Although it wasn't true, the rumor spread quickly.

`Ì looked into bringing a slander action against them,'' Evans said.

Time has eased some of his concerns over discussing the incident publicly.But Evans still simmers at the mention of it.

`Ì considered it then, and still consider it, to be about as low class an act as

a person can do,'' he said, visibly uncomfortable. `Ìt bothered me thatcircuit judges, whom many people would not think they would tell lies likethis, were doing so. Especially when one was the chief judge.''

Other judges were distressed, too.

Simms was especially flabbergasted. He was the judge in Evans' divorcecase.

``Whoever said it to me didn't go further because I was emphatic,'' he said.`Ì had read the file.''

In addition to the Evans rumor, Behnke said that Alvarez, while chief judge,

spread similar rumors about other members of the judiciary who weren'tconsidered members of his inner circle. She declined to discuss details.

The Chance To Testify

Evans was finally asked to tell his side of the story publicly in late 2001.

Bonanno, who had since become a circuit judge, had become embroiled in aseries of scandals beginning in mid- 2000. He was caught after- hours insidethe locked offices of another judge, Gregory P. Holder, and was lateraccused of having had an affair with a court clerk.

A special grand jury launched an investigation. It found no basis forcriminal charges, but in a scathing report said Bonanno should resign or beremoved. The Judicial Qualifications Commission, the agency responsiblefor policing Florida's judges, recommended that Bonanno be reprimanded

publicly for poor judgment.

Throughout, Bonanno refused to step aside. So a committee of the stateHouse of Representatives began impeachment proceedings against him.

A legislative aide called Evans and asked him to testify. Evans said hewould, if subpoenaed.

The morning Evans was to appear in late December 2001, Bonanno decidedto resign. He left the bench less than a month later, in January 2002.

No one on the committee knew exactly what he had planned to say, Evanssaid. He skirted questions from reporters that day.

But first and foremost, Evans said, he planned to address the rumor, as wellas how Bonanno once disposed of cases that had been assigned to Evans,

plus anything else he was asked.

``Had I been asked the question, I would have told the truth,'' he said.

Reporter John W. Allman can be reached at (813) 259-7915. Reporter


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Michael Fechter can be reached at (813) 259-7621.

This story can be found at:http://news.tbo.com/news/MGA6R9XKQTD.html

Informant Judge Complains Corruption Probe Abandoned

The Associated PressHerald TribuneDecember 4, 2003

TAMPA, Fla. -- A Hillsborough Circuit Court judge who served as an FBIinformant in an investigation of courthouse corruption complained the

probe was abandoned and asked the U.S. Justice Department to step in, TheTampa Tribune reported Thursday.

Hillsborough Circuit Court Judge Gregory P. Holder complained 13 monthsago the FBI had abandoned the investigation, the newspaper reported. TheJustice Department began its inquiry into Holder's allegations in Februaryand has since passed the case to the Justice Department's inspector general'soffice.

Meanwhile, a Tampa police detective working on the case corroboratedHolder's concerns and tells a remarkable tale of the judge working as aninformant and putting his life in danger to assist the FBI, the Tribunereported. The judge was so concerned for his family's safety he begancarrying a gun, Detective James W. Bartoszak said in an affidavit. "I was

just concerned about the safety of my family more than myself," Holdertold the Tribune. "I was warned about that by FBI agents so I warned myfamily and carried a weapon."

Hillsborough County's courthouse has been rocked by allegations ofcase-fixing, bribery, prostitution, loan-sharking and illegal gambling. A

special grand jury seated several years ago issued no indictment but wrote ascathing report on the courthouse shenanigans, and former Chief JudgeDennis Alvarez resigned under pressure from state judicial watchdogs.Holder is now the subject of a Judicial Qualifications Commissioninvestigation that he plagiarized a paper he wrote as an officer in the AirForce Reserves. Holder denies the plagiarism charge and said the documentgiven to investigators was fabricated to frame him in retaliation. He is toface a JQC trial on that charge in January.

The Tribune obtained Bartoszak's affidavit from the JQC through a publicrecords request. The detective said in the affidavit investigators approachedHolder for help because they were confident he was clean and Holder

proved to be a good source. Bartoszak's affidavit does not name targets orprovide any other details of the corruption investigation. But it says theprobe "was halted and the investigation team was dismantled for reasonsthat were not made clear to me or any other member of the team" in 2002.

Moses Jordan, chief of investigations for the Tampa office of the FloridaDepartment of Law Enforcement, said Wednesday that the corruptioninvestigation is still open and is being worked actively by FBI and FDLEagents. The FBI declined to comment, citing a pending investigation.Alvarez, who left office under pressure from the JQC in 2001, saidWednesday that he had no knowledge of an investigation into judicial


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corruption under his watch, and he dismissed Bartoszak's claim as"fantasyland."

38 to Testify for Judge Holder

By Cassio FurtadoTampa Tribune - FloridaSeptember 16, 2003

TAMPA - Attorneys for Circuit Judge Gregory Holder, accused ofplagiarizing a paper he submitted to the Air Force in 1998, on Mondayreleased a list of 38 witnesses they will call to testify at a hearing to decidewhether Holder should be suspended pending an investigation.

Among them is Tampa FBI Special Agent Kelly Thomas, who was a leadinginvestigator in the ongoing federal probe of Hillsborough CountyCourthouse scandals.

David Weinstein, one of Holder's attorneys, said the witnesses will showthat Holder ``has been and continues to be a hard-working and fair judge,who clearly should remain on the bench.''

In July, the Judicial Qualifications Commission accused Holder, 49, ofplagiarizing about half of his 21-page report on the Allied bombing ofEurope during World War II.

The commission alleges much of the report was copied from Col. E. DavidHoard's version written two years before Holder's. But Holder says the

plagiarized report is not the one he submitted to the Air War College as partof a process to be promoted to colonel.

The witness list for the Nov. 14 hearing at the Airport Marriott Hotel alsoincludes several judges, Tampa area lawyers such as multimillionaire Steve

Yerrid, Air Force officials and Holder's former secretary, Lorraine Nasco,who says she typed Holder's original paper in late 1997.

Attorneys John Vento and James Russick and Air Force Lt. Col. William O.Howe Jr., who recently filed affidavits saying Holder didn't plagiarize his

paper, will be called.

A Hillsborough County judge since 1994, Holder has been a whistleblowerin past court scandals. He assisted in a sexual harassment investigationagainst Judge Edward Ward and demanded that Judge Robert Bonanno beinvestigated for entering Holder's chambers after hours without permission.Both judges resigned.

To see full story on Judge Holder on this Website click here.

Ousted Lawyer Wants the Judge RemovedJudge Gregory Holder Knocked Attorney Arnold Levine Off

a Plum Case Now Levine Wants Holder Recused

By Jeff Testerman,Times Staff WriterSt. Petersburg TimesSeptember 4, 2003


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Levine has said he looked at only "public records" on the Lightning defensetable when he entered an empty courtroom prior to resumption of a tax trialin June. And he insists he had no words with Morgan when she came inthrough a side door.

According to her deposition, Morgan said Levine was lying.

She says she told Levine "to get away from that stuff," whereupon he

replied, "I am an attorney. I know what I can do and what I cannot do."

Morgan said she replied, "I am a bailiff and I know exactly what I can do,"before writing a report on his actions around the Lightning's legal papers.

Based partly on Morgan's testimony, Holder ruled last month that Levine'sconduct amounted to an "absolute appearance of impropriety," thatmandated banishment from the Williams case.

Williams, through the entity ALW Sports, claims he did not receiveappropriate broadcast revenue when he sold the Lightning, nor was heresponsible for some property taxes at the downtown arena then known as

the Ice Palace.The Lightning's new owners claim in the suit that Williams improperlydepleted the team's bank account and reduced arena staff at the time of thesale.

After Levine was discovered by Morgan, Lightning attorneys assertedLevine sought to gain unfair and unethical competitive advantage bysecretly peering at confidential Lightning records being used in the hockeyteam's tax lawsuit against Hillsborough Property Appraiser Rob Turner.

In that case, the Lightning won a reduction in the assessment of the arena,now known as the St. Pete Times Forum, from $110-million to $25.5-million.

Holder's removal of Levine was a severe blow to Williams' defense team.Maney told Holder last month that Levine, whose billings had alreadyreached $510,000 in the case, was "utterably irreplaceable."

Like The Inquisition?Letters to the EditorBy David Hubbard - TampaPublished: Jan 15, 2002 Tampa Tribune

Florida's Judicial Qualification Commission operates like the SpanishInquisition, independent of any checks and hidden from public view. It hascooked up charges against Judge Gregory Holder, a judge we are assuredhas integrity and is impartial. The charges are absurd and reveal the failureof the JQC. Holder is a good judge and is gagged by archaic secrecy rulesfor the JQC to hide behind. Others' years of misconduct have goneundetected, but meticulous examination of Holder's truthful application

brings the JQC running. Judicial governance must come out of the darkages. Sunshine laws must apply.

JQC In The `Sunshine'


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Letter to the EditorBy Debbie Ressler - TampaPublished Jan 15, 2002 Tampa Tribune

``Florida in the sunshine'' is a phrase that is often used to ensure thatgovernmental activities are open to the citizens of our state. Electedofficials can no longer hide behind the door of secrecy. Judge Greg Holderhas relinquished his right to privacy with the JQC investigations. Florida inthe sunshine is not a feared phenomenon to Holder. One has to wonder ifthe JQC is fearful of the openness of records. All judges who are elected bythe populace should be more than happy to have all investigations open tothe public. The judiciary serves the citizens, and the citizens have the rightto know exactly what is occurring in the investigations. Allow Judge GregHolder to serve as an example of honesty, openness and service.

Bonanno's Calculated Dodge

A Times EditorialSt. Petersburg TimesPublished December 28, 2001

Hillsborough County Circuit Judge Robert Bonanno could have savedtaxpayers a lot of money and the judiciary a lot of grief had he resigned

before Thursday over what clearly were unethical acts that ruined hiscredibility as a judge and public servant. By clinging to the privileges of

power so long, Bonanno brought additional disgrace to the judiciary byrevealing the weaknesses of Florida's system for holding unfit judgesaccountable.

Bonanno is the latest embarrassment to depart the Hillsborough judiciary,and his ouster should help the new chief judge, Manuel Menendez Jr., to

build a courthouse culture based on candor and integrity. For all his bluster,

Bonanno in the end wasn't willing to stand and explain his alleged affairwith a courthouse clerk or why he was caught alone in a fellow judge'sdarkened office. There were other questions about his professional and

personal life that were to be raised Thursday as impeachment hearings gotunder way in Tampa. Many had also hoped the hearings would reveal moreabout how then-chief Judge Dennis Alvarez handled a string of courthousescandals.

Even though Bonanno is gone, the people of Hillsborough still deserveanswers to many questions about a man who spent two decades on the

bench. For all the promises he and his lawyer made, Bonanno still hasn'tgiven the public his side to stories about the case sealings, the land deal, the

girlfriend.

Bonanno's resignation is an embarrassing blow to the Judicial QualificationsCommission, which recommended to the state Supreme Court that Bonanno

be allowed to remain on the bench. Indeed, it was the JQC's failure thatprompted state lawmakers to begin impeachment proceedings. It would be adisappointing footnote for the record if Bonanno could spin his resignationas a reaction to the political process of impeachment, rather than, as it was,a calculated dodge to avoid professional punishment by his peers. For thatreason, it is important for the JQC to finish its work.


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However welcome the outcome, state Rep. Larry Crow, R-Dunedin,chairman of the House Judicial Oversight Committee, jumped the gun bystarting the impeachment process before the state Supreme Court completedits own disciplinary process against Bonanno. If lawmakers are seriousabout improving the process for policing judges, they should give the JQCan adequate budget and determine whether the secrecy clause governinginvestigations protects bad judges more than it does the wrongly accused. InBonanno's case and others, the record has never been made fully public

because judges are allowed to time their resignations in a way that keepstheir dirty laundry concealed.

Thursday represented incremental progress, but the best protection againstfuture Bonannos is a more open process that rewards candor and integrity,not the cleverness to play the system.

Watch how JQC handles Holder

Times EditorialSt. Petersburg Times

December 20, 2001Like him or not, Hillsborough Circuit Judge Greg Holder has helped to bringabout positive change at the county courthouse. The local judiciary is morediverse, more open, more professional and more accountable becauseHolder alone among 48 judges had the courage to speak out against thegood ol' boy system that has long been the fabric of Tampa politics. NowHolder is the subject of a conduct complaint -- thin gruel, by the look ofdocuments and interviews released thus far. How the Judicial QualificationsCommission handles the matter will reflect on that agency's own j

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