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Legal wrangling pokes at motive in Hillsborough court scandal
By SUE CARLTON and GRAHAM BRINK © St. Petersburg Times, published October 12, 2000 Lawyers spent Wednesday morning sparring over a document detailing an alleged affair between a Hillsborough judge and a bailiff -- four pages expected to be so incendiary they could spark more courthouse scandal and even criminal allegations. Later, a grand jury heard secret testimony about what a different judge was doing after hours in yet another judge's chambers -- an inquiry one lawyer said could turn into a "judicial inquisition." Indeed, the morning's public courtroom battle made it clear that investigators are looking into much more than whether a crime was committed the day Hillsborough Circuit Judge Robert Bonanno was found in fellow judge Greg Holder's chambers late on a July afternoon. At issue is a document subpoenaed by Jerry Hill, the Polk prosecutor assigned by the governor to the Bonanno case. Hill wants the pages that a Hillsborough bailiff, Tara Pisano, prepared at the request of her lawyer. The St. Petersburg Times reported in August that the Judicial Qualifications Commission is looking into allegations that Hillsborough Circuit Judge Gasper Ficarrotta had an extramarital affair with Pisano, who feared for her job once they split. In May 1999, Pisano sought advice from lawyer Barry Cohen. He instructed her to prepare a document that reportedly details the relationship and related matters. The Times also reported allegations that Ficarrotta may have been involved in campaign fundraising for the sheriff, which judges are forbidden to do. The connection between the Pisano document and the Bonanno case has not been publicly revealed, but some have speculated Bonanno was in Holder's office looking for Pisano's notes. She sometimes worked for Holder and is close friends with his bailiff, Sylvia Gay. Bonanno has said judges routinely enter each other's chambers and that he was there to drop off papers and chat. The legal issue Wednesday was whether Pisano waived the attorney-client privilege that would keep the document confidential, first by giving a copy to a JQC investigator, then by discussing it with Holder and Gay. Holder and Gay were called Wednesday to the St. Petersburg courtroom of Pinellas-Pasco Chief Circuit Judge Susan Schaeffer, who is overseeing the Bonanno grand jury, but were not called to testify. Cohen said the testimony could "embarrass and humiliate people who don't have an opportunity to be heard today." Cohen said he wanted that portion of the hearing closed to the public. Schaeffer will consider that later. That left the question of whether Pisano waived her rights when she printed a copy of the document from her home computer and gave it to Eileen Tilghman, a Miami lawyer acting as an investigator for the JQC. Pisano, who met with the the lawyer four times for five hours at a stretch, said she thought she had no choice but to turn over the document. "She assured me it would be kept confidential," Pisano testified. Schaeffer ultimately ruled that Pisano had not made a knowing, voluntary waiver of the privilege. As an aside, the judge said she found it "aggravating" that a JQC investigator may have been less than candid with a witness. She said Pisano should have been warned that she might be giving up her right to confidentiality and urged to consult her lawyer. "I have a lot of respect for Judge Schaeffer, but I'm sorry that I respectfully disagree with her on this matter," Tom McDonald, general counsel for the JQC, said late Wednesday. "Miss Tilghman is a lawyer of utmost integrity and has never misled anyone." He declined to comment on specifics. Also attending the St. Petersburg hearing was Ralph Fernandez, Bonanno's attorney, who said he fears the inquiry will spiral into a "judicial inquisition." He said he may file a barrage of motions -- including one to suggest limits on the grand jury investigation. Wednesday afternoon in Tampa, Myra Gomez, Holder's fill-in judicial assistant, testified before the grand jury for 30 minutes. She was likely the last one to leave the office July 27 before Bonanno came in. Gay, Holder's bailiff, spent nearly an hour behind closed jury room doors. Gay has told investigators she entered the darkened office and was surprised to see a figure inside. She said Bonanno did not respond to her calls at first and seemed to be trying to conceal himself. Neither Gomez nor Gay would comment afterward. Holder went last, testifying for about 90 minutes. He said he took an oath not to reveal what he told the grand jury and said he was uncertain if he would be called back to testify further. Hill would not say how long the grand jury might last. "It's been a good day," he said as he left the courthouse.
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