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Tampa Uncuffed

Man to get another go at defending himself

By COLLEEEN JENKINS and ABBIE VANSICKLE
Published September 22, 2006

Last year, Theodore A. Roberts fared as well as most criminal defendants who represent themselves. He lost.

But three appellate judges said two errors by Circuit Judge Barbara Fleischer at the beginning of Roberts' trial warrant giving him another chance.

Good news for a guy serving a 20-year prison sentence after being convicted seven times on charges related to treating his ex-girlfriend badly.

The 2nd District Court of Appeal said Fleischer unfairly cut short Roberts' questioning of potential jurors. The issue came up during his July 2005 trial, when prosecutors complained that Roberts was asking repetitive questions.

At a bench conference, Fleischer asked Roberts if he had any new questions. He said he had plenty.

"No, you don't have plenty of new questions," Fleischer said, according to the transcript. "You see the time? You've got about 10 minutes."

But the appellate judges said Fleischer couldn't tell Roberts that he had wasted his allotted time because she never gave him a time limit up front. She also erred in refusing to allow him to strike a particular juror from the panel, the judges said.

* * *

Johnny Gosch, a 12-year-old paper delivery boy, vanished from West Des Moines, Iowa, in 1982.

Johnny's disappearance drew national attention after he became one of the first missing children to have a photograph displayed on milk cartons.

Now, decades later and thousands of miles away, the Hillsborough County Sheriff's Office is helping Iowa authorities with a lead in the case.

Retired Deputy Nelson Zalva, now an investigator with the Hillsborough State Attorney's Office, got involved in the case recently after the old mystery took a strange turn. About two weeks ago, Johnny's mother, still living in Iowa, told local police someone left photographs of some boys, bound and gagged, on her doorstep.

Johnny's mother, Noreen, believes the photos may show her missing boy.

That's where Zalva comes in.

Iowa police got a tip the photos were taken in Hillsborough County and were investigated by Zalva years ago. Now, Zalva and sheriff's officials are digging through thousands of reports, looking for clues about the photographs.

"They literally have someone who's been going through all the archives," said sheriff's spokeswoman Debbie Carter.

Zalva, 56, vaguely remembers the photos, he says, but he doesn't think any charges were filed in that investigation. It's been so long ago, he can't remember the names of the boys in the photos or precisely when he worked on the case.

He's also not optimistic the lead will pan out, mostly because he thinks the photos were taken a few years before Johnny vanished.

Anyone with information about those photos can call the Sheriff's Office at 247-8200.

* * *

The "CSI Effect" is sending criminal justice professionals back to the classroom.

The National Clearinghouse for Science, Technology and the Law, based at Stetson University's law school, is presenting a national conference Nov. 2-5 on the latest trends for scientific evidence in the courtroom.

It's an important issue in an age where jurors expect extensive forensic proof of crimes, just like they see on popular TV crime shows. Real technology might not be as advanced as the small screen leads viewers to believe, but it is constantly advancing, the conference's sponsors said.

Participants will hear workshops on new trends in tracking sexual predators, methamphetamine use, identity theft, forensic psychology and fingerprint evidence. They will also be versed on developments in forensic evidence case law.

The event will be held at the Renaissance Vinoy Resort and Golf Club in St. Petersburg. Members of the legal, scientific, academic and expert witness communities are invited.

[Last modified September 22, 2006, 06:22:38]