Politics

Senator's conviction is overturned

The circumstantial evidence against Gary Siplin was too weak, an appeals court rules.

By STEVE BOUSQUET, Tallahasee Bureau Chief
Published December 29, 2007

Sen. Gary Siplin, 53, a lawyer, was found guilty in August 2006 of illegally using three state workers on his 2004 re-election campaign.
	[AP]

TALLAHASSEE - A state appeals court threw out the felony conviction of state Sen. Gary Siplin Friday, ruling that prosecutors' circumstantial evidence was too weak to convict the Orlando Democrat of grand theft.

A three-judge panel of the 5th District Court of Appeal also set aside Siplin's conviction on a related misdemeanor for using state employees to work on his campaign. Judges said the jury should have been told to find evidence of criminal intent to convict him.

"The evidence simply wasn't sufficient," said Siplin's attorney, Bruce Rogow. "Every cloud that has hovered above him is now lifted."

Siplin, 53, a lawyer, was found guilty in August 2006 of illegally using three state workers on his 2004 re-election campaign. He was sentenced to three years of probation and faced losing his law license if his conviction was upheld on appeal.

"I just want to say to Jesus, praise the Lord and glory be to God for him protecting me," Siplin said. "The Lord gave me this seat, and I'm going to do the best job I can do as a state senator."

On the grand theft charge, the appeals court found no evidence Siplin knew that aide Naomi Cooper drew a state paycheck for three months while also working full time on his campaign.

Confusion arose when Cooper's leave of absence as a Senate aide ended Aug. 1, 2004, and she went back on the state payroll while being paid by the Democratic Party for campaign work during a busy hurricane season.

Evidence at trial showed Cooper never told Siplin, and he never knew.

"A criminal conviction for theft cannot stand based upon negligence in handling office paperwork or procedures," the decision said.

The decision was a measure of vindication for Siplin and Senate President Ken Pruitt, R-Port St. Lucie, who never removed Siplin from office despite pressure to do so. It was believed to be the first case of a convicted felon serving in the Senate.

Pruitt said it would be wrong to irrevocably remove Siplin from office while he was exercising his legal right to appeal.

Pruitt issued a statement Friday congratulating Siplin. "The principle of 'innocent until proven guilty' is a basic premise of our judicial system," Pruitt said.

Steve Bousquet can be reached at bousquet@sptimes.com or 850 224-7263.

[Last modified December 28, 2007, 22:16:05]