Print

Email story

Comment

Email editor

State prosecutors face lawsuit

Two lawyers say prosecutors are changing procedures only for their firm to punish them for criticizing prosecutors.

By JOHN FRANK
Published October 11, 2006

INVERNESS - Two well-known Inverness attorneys are at war with the State Attorney's Office, alleging that they are being treated unfairly after they made claims of impropriety against state prosecutors.

In documents filed with the state Monday, attorneys William Grant and Milan "Bo" Samargya announced their intent to sue the 5th Judicial Circuit State Attorney's Office after prosecutors instituted new procedural rules that singled out their law firm.

Grant and Samargya claim that State Attorney Brad King and Assistant State Attorney Rich Buxman are deliberately discriminating against their firm, engaging in unfair trade practices, abusing the judicial process, engaging in antitrust activities, civil conspiracy and imposing extraordinary and unlawful requirements.

"If government can get away with imposing extraordinary rules, it has a chilling effect on constitutional safeguards of those accused," Grant said in an interview.

King and Buxman were not available for comment Tuesday.

The accusations stem from a letter sent Sept. 11 to Grant and Samargya's law office from Buxman, the supervisor of the Citrus County State Attorney's Office.

It states that "because of recent claims of improper and unethical conduct" that Grant and Samargya made against prosecutors, the State Attorney's Office will be "instituting a new procedure for your firm regarding the copying and viewing of electronic evidence for discovery purposes."

Traditionally during the discovering process, state attorneys make copies of videotapes, recordings or other evidence for defense attorneys and put the material in their mailbox at the courthouse, Grant said.

The new rules, however, will require Grant and Samargya's firm to make appointments to copy evidence and force them to view the original and the copy to verify authenticity. The firm then must sign a document acknowledging that the material is a "complete and accurate recording."

Samargya said these rules aren't being imposed on other law firms. "We aren't going to sit there under their microscope," he said.

"What did we do to cause this?" asked Grant. "Other than to make it punitive, I can think of no reason."

The attorneys believe they are being punished for speaking out against the State Attorney's Office on numerous occasions, including questioning prosecutors' actions on national television during the Jessica Lunsford ordeal.

Also, Samargya filed court documents Tuesday in an unrelated case that alleges prosecutors made multiple violations of criminal procedure in six cases handled by the firm in the last three years.

"Retribution is the word," Grant said.

The attorneys also took offense that Buxman sent the letter to Circuit Judge Ric Howard and County Judge Mark Yerman, who both preside in Citrus County.

"They are trying to color the court in their favor," Samargya said.

John Frank can be reached at jfrank@sptimes.com or 860-7312.

[Last modified October 10, 2006, 22:06:24]