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Gadfly forgoes his day in court

Prosecutors and a man charged with trespassing at a City Council meeting reach a deal to avoid a trial.

By JAMIE THOMPSON
Published April 19, 2005

TAMPA - Terry Neal arrived in court early Monday and sat quietly beside his lawyer.

Dressed in a green suit, Neal was ready for a jury trial. He wanted to be vindicated, to hear that the Tampa City Council was wrong.

Neal was arrested on a charge of trespassing after he refused to leave a council meeting in December. He said it was retribution for criticizing city officials.

But before jurors were selected on Monday, the state offered him a deal.

Neal agreed to participate in an informal misdemeanor intervention program. He didn't plead guilty to anything, and the state will drop its case if he doesn't cause any disturbances in the next four months.

"I'm disappointed we didn't get to go through with the trial," said Neal's attorney, Luke Lirot. "We wanted an official pronouncement that what the city did was improper."

But, the state offered a deal they couldn't turn down, Lirot said.

"It allows both sides to save face," he said.

Pam Bondi, spokeswoman for the State Attorney's Office, said: "We felt it was an appropriate sentence."

Neal stood to speak at a Dec. 9 council meeting, as he does frequently. After some give and take over protocol, council Chairwoman Gwendolyn Miller banged her gavel and told Neal he was out of order. "Who's running this meeting - you or me?" she said.

"I am," Neal shot back, waving his copy of Robert's Rules of Order .

Two police officers went to either side of Neal and held his arms.

"I have shown no violence whatsoever," Neal shouted as he was escorted out of council chambers. "She's violating my First Amendment rights."

When Neal tried to get back into the council chambers, a police officer blocked the door, and another told Neal to leave the building.

When he refused, the officers handcuffed him and took him into the elevator.

"They're hurting me! Help," Neal yelled as the elevator doors shut. "They're taking me to jail. Call a lawyer!"

Police took him to Orient Road Jail, but before they could book him, Neal said he was having difficulty breathing. Officers drove him to Tampa General Hospital and released him after giving him a notice to appear in court.

Neal was charged with trespassing and disturbing a public assembly, but the latter charge was dropped at the request of the City Council.

Neal has been back to speak before the council since his arrest and plans to return again soon.

"I want to be able to attend, and to object when they're out of order," Neal said. "This was just a waste of taxpayer money."

A city attorney and several council members did not return calls requesting comment on Monday.

City Council member John Dingfelder said last week that city officials would have preferred that the case was dropped, but the Tampa Police Department and prosecutors were pursuing it.

[Last modified April 19, 2005, 01:19:14]