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Letter to the editor

Pace of Bollea case is normal

Experts caution against a rush to judgment.

By TAMARA EL-KHOURY, Times Staff Writer
Published September 23, 2007

No charges have been filed in the Nick Bollea crash and police say the investigation is ongoing.
	[JIM DAMASKE | Times]

ADVERTISEMENT Nick Bollea's actions may not be criminal, said Mike Peacock, a Tampa attorney. [AP photo]

Four weeks after Nick Bollea crashed into a palm tree and critically injured his friend, virtually no information about the accident has been released by the Clearwater Police Department.

No charges have been filed and police say the investigation is ongoing.

But despite demands by the public and the media for answers, experts say the system is working.

John Fitzgibbons, a Tampa lawyer and former federal prosecutor, said he's seen routine cases take several months before a prosecutor files a charge. Fitzgibbons, who is not involved in the case, said the public attention generated by the case also may be contributing to the delay.

"Prosecutors and police will make sure they have crossed every 't' and dotted every 'i' because if they make a mistake it will be a public and very humiliating mistake," he said.

Bollea, 17, son of wrestler Hulk Hogan, was driving his yellow Toyota Supra on Court Street in downtown Clearwater Aug. 26 when he lost control and crashed. The wreck injured John Graziano, 22, who was a passenger.

Police said speed was a factor and they interviewed the driver of a silver Dodge Viper at the scene. Witnesses reported seeing the Supra and the Viper racing moments before the crash.

No civil lawsuit against the Bolleas has been filed but it is likely, said Kim Kohn, an attorney hired by Graziano's father, Ed Graziano.

"We don't know what John's needs are going to be in the future," she said.

To ensure the most appropriate charge is filed in any criminal case - and that the prosecution is successful - investigators must gather all available evidence, said Trooper Larry Coggins, spokesman for the Florida Highway Patrol.

He would not discuss the Bollea incident but did speak about a recent high-profile accident the FHP is investigating: the late night St. Petersburg crash involving six teenagers. The driver was a 15-year-old with a learner's permit who wasn't legally allowed to drive at night and without a licensed driver over 21 in the passenger's seat. The crash killed passenger Raquel Carreras, 14.

First, FHP investigators must interview the five surviving teenagers and their parents, Coggins said. They want to be compassionate and allow the Carreras family to bury their daughter before interviewing them, he said. A funeral for Carreras was held Friday. Next, investigators must wait for autopsy results and any subpoenas they issued to access medical information.

"A lot of time we'll use the injuries of other people to formulate the charge," Coggins said. "You have to subpoena those people."

Investigators also must wait for a subpoena to review any information left on the vehicle's data recorder. "Then once you have that, you have to piece it all together, you have to write it up, you have to consult the experts," Coggins said.

All want closure

A charge is then presented to the State Attorney's Office for approval. The public wants to see justice and closure and so do investigators, Coggins said.

"But at the same time, I can tell you we have been tasked with writing the last chapter of this young girl's life and we're going to do it right," he said.

Tom Mauriello, a professor of criminalistics at the University of Maryland, said there's nothing to gain by rushing to judgement. He cited the Duke University lacrosse case, where district attorney Mike Nifong rushed to prosecute three team members accused of rape. Charges were eventually dropped against the athletes and Nifong was disbarred for unethical conduct.

Investigators also may be waiting to see what happens to Graziano, who suffered a head injury. "The bottom line is they might just be waiting to see what the full extent of the offense is," Mauriello said.

In the end, Bollea's actions may not be criminal, said Mike Peacock, a Tampa attorney who has worked as a police officer, a prosecutor and a public defender.

A lot of traffic accidents are just that - accidents, he said.

"There is not, there should not be, a remedy at law every time somebody is injured, no matter how tragic the outcome is," Peacock said.

The degree of negligence can determine whether a driver is charged with criminal or civil infractions. Reckless driving, or driving a vehicle with a willful and wanton disregard for the safety of people or property, is a criminal charge. So is racing.

Juveniles are different

Careless driving, driving in a way that doesn't take into consideration all appropriate circumstances, is a civil infraction. It's like running a stop sign or speeding. The penalty is usually a fine and possibly restrictions on a driver's license, Peacock said.

Florida law recognizes there are circumstances where a driver can be charged with a civil infraction even if the accident seriously injures or kills someone.

The penalties for adults and juveniles also are different. Instead of jail, juveniles are placed in a range of facilities run by the state Department of Juvenile Justice. Placement is rare in a traffic-related incident.

"This young man should not be treated differently than anybody else," Peacock said. "He deserves the same protections in the system as anybody else."

Tamara El-Khoury can be reached at tel-khoury@sptimes.com or 727 445-4181.

[Last modified September 23, 2007, 00:55:11]