Commissioner faces inquiry

The Bar is investigating Stacey Easterling's conduct in a trial she handled as a prosecutor.

By KATHRYN WEXLER

© St. Petersburg Times,
published October 30, 2001

TAMPA -- The Florida Bar is investigating Hillsborough County Commissioner Stacey Easterling for a case she prosecuted in 1999 when she worked at the Hillsborough State Attorney's Office.

Easterling won a conviction against Johnny Brown Jr., a former convict accused of scuffling with Tampa police officers in March 1999.

But in May, the 2nd District Court of Appeal tossed out the conviction, saying Easterling made so many improper arguments, she "made a mockery of the "neutral arena' in which a trial should be held."

Based on that ruling, the Florida Bar opened an investigation a few days later, "because there might be prosecutorial misconduct," said Linda Lyman, the branch manager in the Bar's office in Tampa.

Easterling, a Republican elected last year to the County Commission, did not return phone calls seeking comment.

After an investigation is completed, the Bar presents its findings to the Florida Supreme Court to consider whether an attorney should be punished.

Brown was convicted of violently opposing a police officer and trying to take away his gun during an encounter in Tampa Heights. He was sentenced to five years in prison.

During the trial, Easterling suggested a defense witness looked like a criminal.

"He looked like he was going to walk out of here and go rob somebody," Easterling told the jury. "He probably came here between robberies. He looked like he was a convicted felon. He acted like one."

She ridiculed another witness:

"A drinker. A man who does not like me. Quite obviously because of what I do for a living. Did you see how he reacted to me when I misunderstood one thing he said? Does that look like a man who likes law enforcement? I'm law enforcement. An officer of the court. A prosecutor. I'm law enforcement. I could arrest somebody if I wanted to."

Acting 2nd District Court of Appeal Chief Judge Jerry Parker wrote that Easterling improperly vouched for the credibility of police officers, blatantly appealed to the emotions of jurors, made derogatory comments about witnesses and improperly argued about facts not in evidence.

"While no one comment in isolation would have been enough to warrant a new trial, all of the comments together constitute a closing argument sufficiently improper so as to warrant a new trial."

Brown, 28, was arrested again in July, this time for driving with a suspended license and opposing officers with violence, jail records show. He has not been retried on the 1999 charges.

Scott Tozian, an attorney who has worked for the Bar, said it routinely opens cases.

"I don't think that the fact that Bar opens up files means anything in particular," he said. "I think in final arguments, it's easy to sit back after the fact and look at the cold transcript and say someone shouldn't have said that. But in the trenches, it's really easy to say the wrong thing."

Easterling won the seat against Democrat Ben Wacksman in District 1, which encompasses parts of south and west Tampa. She must run again next year after only two years on the commission.

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