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Tampa Uncuffed

Judge's action blurs line in murder case

By COLLEEN JENKINS and ABBIE VANSICKLE
Published February 8, 2007

What's a quick way for a judge to get off a case?

Act like a lawyer.

Prosecutors say Circuit Judge Robert Foster went too far last month during a bench conference about a first-degree murder case. Defense attorney Rick Terrana planned to ask the judge to set bail for Chadrick "Toto" Thomas, accused of killing his girlfriend's 6-month-old son.

But the judge pre-empted Terrana, saying he doubted the state could prove its case at trial. Foster also said he believed another person had more likely caused the baby's death and offered to release Thomas on an electronic monitor before trial if the defendant passed a polygraph.

Bench conferences happen out of the public's earshot. But Rita Peters, the assistant state attorney who listened in, included details of the conversation in a motion she filed soon after asking Foster to hand off the case to another judge.

Peters said the state worried it could not get a fair trial because the judge had developed a fixed opinion about the credibility of a state witness and had helped the defense prepare its case.

Foster recused himself. Circuit Judge Mark Wolfe will now hear the case.

- - -

Ten months ago, police accused Orthia "Hoggie" Porter of killing a St. Petersburg man, spraying his car with bullets and narrowly missing an 11-month-old child in the back seat.

Porter, 27, has evaded police since the shooting, slipping away from law enforcement and keeping his whereabouts secret.

In late January, America's Most Wanted brought some national attention to the search for the fugitive, highlighting the case on its "15 Minutes of Shame" segment.

Deputy U.S. Marshal Lisa Alfonso and other investigators on the case believe Porter's family might know where he is hiding. They hoped the television segment might jog some memories just in time for a family gathering in St. Petersburg - the trial of Porter's brother, Terrance, accused of killing 23-year-old Cory Ware. That trial started Tuesday in Pinellas County.

But the plan hasn't yielded results. Authorities are still looking for Porter.

- - -

The gripes about family law attorney Catherine W. Real have been officially logged with the Florida Supreme Court.

The Florida Bar filed a formal complaint Feb. 2, a year after a bar grievance committee found probable cause for three disciplinary counts against her.

Real is accused of charging excessive fees to two clients, including improper billings for "numerous unnecessary" meetings with her staff and work related to withdrawing from each client's case, the complaint said.

In a third count, she is charged with charging excessive fees and making false representations to a client and the judge hearing his case.

Attorneys for the Bar and Real said this week that they already are working to resolve the matter.

- - -

A man who pleaded guilty to smoking crack cocaine in front of his 18-month-old daughter offered an interesting defense Wednesday:

Getting romantically involved with the wrong woman.

"She has more baggage than the Tampa airport," Michael J. Hoffer said of his former significant other, his daughter's mother.

Circuit Judge Ronald Ficarrotta wasn't moved by that argument or by Hoffer's admitted drug and mental health problems. He sentenced him to two years in prison.

Got a tip? For cops news, contact Abbie VanSickle at vansickle@sptimes.com or 813 226-3373. For courts news, contact Colleen Jenkins at cjenkins@sptimes.com or (813) 226-3337.

[Last modified February 8, 2007, 06:20:44]