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Judge Downey to retire in 2007

In a statement saying he won't seek re-election, the judge denies sexual harassment allegations that have stirred controversy for months.

By CHRIS TISCH
Published December 20, 2005

LARGO - After months of controversy, Circuit Judge Brandt Downey has announced he will not run for re-election next year and will retire when his current term ends on Jan. 3, 2007.

Downey, a longtime fixture in the Pinellas criminal courthouse, left his bench on the 6th Judicial Circuit in April after allegations arose that he sexually harassed a female attorney and accessed pornography on his office computer.

Downey returned to his bench about two weeks later, but soon was accused of not acting on information that a juror was sleeping during a murder trial. Downey was moved off his criminal bench to an assignment in civil court in July.

It's well known in the legal community that the Judicial Qualifications Commission is investigating Downey, though the agency is not allowed to confirm ongoing investigations until charges are filed.

Downey did not return a message left at his office Monday, though he did issue a statement announcing his decision not to seek re-election.

"Due to rumors and half-truths reported in the press, I find myself in the position of defending my name against things that never happened, but are assumed to be true because I did not issue comments to the press," he wrote.

He continued: "Now with my announced retirement, I do not feel the need to comment on these matters, except to say that I have never sexually harassed anyone, and no one has ever filed any type of sexual harassment complaint against me."

When Downey first left his bench in April, the circumstances were mysterious. Chief Judge David A. Demers would only say Downey was enduring "some significant family and person problems."

Reports began to surface that Downey had been accused of wrongdoing.

Soon after his return, Circuit Judge Dee Anna Farnell, then the administrative criminal judge, confirmed to the St. Petersburg Times that accusations of harassment and pornography played a role in Downey's sudden leave.

Farnell said she and Demers met with Downey before he left the courthouse. She said the harassment and pornography allegations were discussed then.

"I think it was suggested that he needed some time off," Farnell said then.

After returning to the bench, Downey again faced controversy when defense lawyers accused him of ignoring signs that a juror was sleeping during a murder trial. The defendant was convicted of manslaughter.

The defendant's attorneys later learned that a juror sent a note to Downey during the trial complaining that a fellow juror was sleeping during testimony. Downey should have shared the note with the attorneys involved in the case, but instead told no one about it.

The defendant's attorneys are seeking a new trial.

Though Downey specifically addressed the sexual harassment allegations in his statement, he did not mention the pornography accusations or the sleeping juror case.

Downey said he deeply regretted "the embarrassment this entire incident has caused my family, friends and supporters, and I offer them, especially my wife, Lura, my most sincere apologies."

On Dec. 8, Clearwater attorney LeAnne Lake announced she would run for Downey's position, which pays $139,497 annually.

Lake is the only announced candidate so far for the six-year term. The election is Nov. 7.

Downey was elected as a county judge in 1984. He was elected to a circuit judgeship four years later and has been re-elected twice since then.

Downey developed a reputation as a hard-working judge, though one who sometimes leaned toward the prosecution's side and could make unwise decisions from the bench.

He once dressed down a jury for acquitting a defendant. He ordered bailiffs to duct tape an unruly murder defendant's mouth shut in another case. He also has disregarded orders from a higher court in picking a jury.

While serving in the circuit's career criminal division, he once completed 65 felony trials - including two capital murder cases - in a six-month period.

In his career, he has presided over more than 800 felony jury trials.

[Last modified December 20, 2005, 01:49:07]