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Public defender can't lose his past

The lawyer had revealed his 1994 conviction for cocaine possession to the Florida bar and his employer.

By ABBIE VANSICKLE
Published October 1, 2005

INVERNESS - When Public Defender Howard "Skip" Babb Jr. decided to reinforce his team of lawyers defending 18-year-old William Thornton IV, he chose a charismatic assistant who once was a rising star in Ohio legal circles, a prosecutor mentioned as a potential future congressman.

David Norris had everything going for him - until 1994, when the federal government charged him with cocaine possession.

"You think that things you do when you're young and unimportant don't matter, but they do. ... It can affect your entire life," he told a reporter Friday afternoon.

But Norris, 52, said his history shouldn't affect the Thornton case.

"I don't want something I did 17 years ago to have any negative impact on this 18-year-old boy," he said.

Thornton, of Sumter County, was recently sentenced to 30 years in prison by Circuit Judge Ric Howard after pleading no contest to two charges of vehicular homicide. Thornton was accused of killing Brandon Mushlit, 25, and Sara Jo Williams, 23, in a Dec. 28 traffic collision.

Prosecutors say Thornton was driving without a license and speeding when he pulled out in front of a sport utility vehicle on State Road 44, killing Mushlit and Williams.

Thornton's case caused controversy when Dale Merrill, the public defender assigned to the case, suggested the judge's decision may have sprung from racial bias and prejudice. Thornton, who is black, was given the maximum sentenced allowed under state law.

Shortly after Merrill's accusation, Babb added Norris to the case.

The Public Defender's Office asked Howard to recuse himself from the case. He has refused.

Thornton's attorneys have also asked the judge to let Thornton withdraw his no-contest plea. A hearing on that issue is scheduled for 10 a.m. Nov. 8.

Merrill also said Thornton's former public defender, Eric Evilsizer, told his client that the judge would follow the recommendations of the Department of Juvenile Justice and the Department of Corrections when sentencing him. Both agencies had recommended much lesser punishments.

Evilsizer has since resigned from the office to go into private practice. He has said his departure was unrelated to the case and has declined to comment on the specifics of the case.

Norris said his background in criminal law will be helpful to the Thornton case.

"I have a lot of experience," he said.

In March 1994, Norris made headlines in Ohio after he was identified as a suspect in a federal drug investigation, according to reports in the Cleveland Plain Dealer. He accepted a plea agreement and pleaded guilty to the charge. He said he was given probation and a small fine.

As part of the plea agreement, Norris is not allowed to discuss the specifics of the charge, he said.

He says he wasn't using cocaine at the time he worked as a prosecutor.

"Do not assume that I was using narcotics," he said.

But he said he did use cocaine at a Halloween party in 1988.

"I have used drugs," he said.

Norris moved to Florida a few years ago and worked with Babb to establish a training school for public defenders. Norris disclosed his crime to Babb and to the Florida Bar, he said. He said he has worked in criminal law since 1977.

Babb said he was aware of Norris' cocaine charge.

"He's been scrutinized by the Florida Bar," he said.

He said he didn't think it should affect Norris' current work.

"What does that have to do with anything?" he said.

Norris was admitted to the Florida Bar in April 2005, according to the organization's Web site.

He now works for Babb and is based out of the Public Defender's Office in Tavares.

When he took the job, he realized his past might be examined again by the public.

"I knew it was going to open up this wound," he said.

--Abbie VanSickle can be reached at 860-7312 or vansickle@sptimes.com

[Last modified October 1, 2005, 01:45:17]