Florida Department of Office of Executive lnvestigatlons Post Office Box 1489

Law Enforcement Tallahassee, Florida 32302-1489

(850) 410-8240
Guy M. Tunnell www.fdle.state.fl.us
Commissioner

............... ".
June 25,2004

Ms. Susan Austin -

The Florida Bar .........
..
Attomey Consumer Assistance Program
651 East Jefferson Street
Tallahassee, FL 32399

RE: FDLEFileE1-73-5185-1341131

Dear Ms. Austin:

The Office of Executive Investigations received the attached correspondence from Attomey Mark A.
Adams. In his letter and supporting document, Mr. Adams complains of alleged misconduct by
Attorney Timothy W, Weber. Upon review, it was determined that there is no apparent criminal
predicate that would warrant investigation by the Office of Executive Investigation. It was further
determined that your office may more appropriately address his complaint.

Therefore, this correspondence is being forwarded to your attention for review and any action you
deem appropriate. Should you have any questions regarding our referral, please feel free to contact
our office at (850) 410-8240.

Sincerely,

Guy M. Tunnell
Commissioner

Richard Lober, Chief Inspector

Executive Investigations

cc: Mark A. Adams, P.A.

Post Office Box 1078
Valrico, FL 33595

Sewice .
Committed to
Integrity Respect Quality
 MARK A. ADAMS P.A.
Mark A. Adams, Attorney and MBA
Mailing Address Telephone (813) 654-1235 Harbor Island Office
P.O. Box 1078 Facsimile (813) 654-1390 610 Garrison Cove Lane
Valrico, FL 33595 Tampa, Florida

May 7,2004

Mr. Guy Tunnell, Commissioner

Florida Department of Law Enforcement
P.O. Box 1489
Tallahassee, FL 32302-1489

Dear Mr. Tunnell:

In order to assist with your investigation of corruption in the Tampa Bay Area judiciary, I am
providing the enclosed information. I have sent you packages showing evidence ofjudicial
corruption previously on February 14,2004 and March 4,2004. The previous packages showed
that Timothy W. Weber, Esquire had boasted of his connections and ability to improperly
influence Judge Crockett Farnell and that Mr. Weber's connections had apparently influenced
the Clerk ofthe Second District Court, James Birkhold, to falsify official documents in violation
of Fla. Stat. 5 838.022 and 5 839.13.

Enclosed you will find a copy of a Joinder of Respondent, State of Florida, a copy of the letter
transmitting the foregoing document to the Clerk of the Second District Court for Timothy W.
Weber, Esquire, a copy of the Second District Court's online docket for Case No.: 2D04-636,
and a copy of the Petitioners' Motion to Strike Joinder of Respondent, State of Florida with its
Appendix which includes a copy of an order dated April 6,2004 that relieved Timothy W.
Weber, Esquire of "from any further prosecutorial duties or responsibilities" as prosecutor of the
indirect criminal contempt charges against me in Case No.: 01-9347 pending before Judge
Crockett Farnell in the Circuit Court in Pinellas County, Florida.

The foregoing documents show that Timothy W. Weber, Esquire and Mark P. Stopa, Esquire of
Battaglia, Ross, Dicus & Wein, P.A. appear to have violated Fla. Stat. $5 843.0855(2) and (4) by
filing the Joinder of Respondent, State of Florida with the Clerk of the Second District Court of
Appeal on April 28,2004.

Fla. Stat. 5 843.0855(2) provides, "Any person who deliberately impersonates or falsely acts as
a public officer or tribunal, public employee or utility employee, including, but not limited to,
marshals, judges, prosecutors, sheriffs, court personnel, or any law enforcement authority in
connection with or relating to any legal process affecting persons and property, or otherwise
takes any action under color of law against persons or property, commits a felony of the
third degree.. .." (Emphasis added).
Fla. Stat. 5 843.0855(4) provides, "Any person who falsely under color of law attempts in any
way to influence, intimidate, or hinder a public officer or law enforcement officer in the
discharge of his or her official duties by means of, but not limited to, threats of actual
physical abuse or harassment, or through the use of simulated legal process, commits a felony
of the third degree...." (Emphasis added).

Specifically, the PetitionersWotion to Strike Joinder of Respondent, State of Florida shows that:

1. On April 26,2004 when Mark P. Stopa, Esquire signed the Joinder of Respondent, State
of Florida for Timothy W. Weber, Esquire, he knew that Timothy W. Weber, Esquire had
been relieved of his duties and responsibilities as prosecutor of the indirect criminal
contempt charges against me in Case No.: 01-9347 pending before the Circuit Court in
Pinellas County, Florida.
2. On or about April 26,2004, when Timothy W. Weber, Esquire directed his subordinates
to transmit the Joinder of Respondent, State of Florida to the Clerk of the Second District
Court, he knew that he had been relieved of his duties and responsibilities as prosecutor.
3. As of March 26,2004 both Timothy W. Weber, Esquire and Mark P. Stopa, Esquire
knew that Timothy W. Weber, Esquire had been relieved of his duties as prosecutor.

Despite knowledge that he had been relieved of his duties as prosecutor of the indirect criminal
contempt charges against me in Case No.: 01-9347 pending before the Circuit Court in Pinellas
County, Florida, Timothy W. Weber, Esquire appears to have directed his subordinates to
prepare, sign, and transmit the Joinder of Respondent, State of Florida to the Clerk of the Second
District Court in which he purports to take action under color of law as a prosecutor for the State
of Florida in order to influence the judges of the Second District Court in the discharge of their
official duties in Case No.: 2D04-636.

The copy of the Second District Court's online docket for Case No.: 2D04-636 shows that prior
to April 28,2004, no document had been filed by Timothy W. Weber, Esquire in this action.

As Mr. Weber or Mr. Stopa appear to have boasted to their clients of their law firms connections
and as those connections have apparently influenced Judge Crockett Farnell and James Birkhold
to violate the law, I believe that this information can be used to help shed some additional light
on judicial corruption in the Tampa Bay Area. Specifically, I believe that Mr. Weber or his
assistant or Mr. Stopa may be very willing to provide helpful information in order to avoid
prosecution.

If you need more information to assist you in your investigation, please contact me. Thank you
for your time and consideration and for your effort to ensure that the fundamental right to a trial
before a fair and impartial judge is enjoyed by al1;not just the connected. I look forward to
hearing from you.

irk A. Adams, Esquire

Enclosures
 IN THE DISTRICT COURT OF APPEAL FOR THE SECOND DISTRICT
STATE OF FLORIDA

MARK A. ADAMS and

MARK A. ADAMS, P.A.

Petitioners,

V. CASE NO: 2D04-636

L.T. NO: 01-9347-CI
JEFFREY S. SMITH, SHARON P. SMITH,
CORPORATE SPORTS MARKETING
GROUP, INC., CHKISTOPHER C. KING,
and DWAYNE MARTINS

Respondents

JOINDER OF RESPONDENT. STATE OF FLORIDA

Respondent, the State of Florida, hereby joins the Respondents', Corporate

Sports Marketing Group, Inc., Christopher C. King and Dwayne Martins Response

to Petitioners' Verified Motion to Disqualify Judges of the District Court of

Appeal for the Second District of Florida; Request for Judicial Notice; Response

to Motion for Rehearing, Request for Written Opinion, Motion for Clarification,

Motion for Certification, and Motion for Rehearing En Banc; and Appendix to

Response to Motion for Rehearing, Request for Written Opinion, Motion for

Clarification, Motion for Certification, and Motion for Rehearing En ~ a n c . '

1
Although prosecution of the contempt has been reassigned by the Honorable Crockett Famell, the
undersigned's representation of the Respondent has not been terminated in the Appellate Court. In order
to protect its interests, Respondent hereby files this joinder.
 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by U.S. Mail this a day of April, 2004 to Mark A. Adams, Esquire,
Mark A. Adams, P.A., P.O. Box 1078, Valrico, Florida 33595 (jbr Petitioners);

Ricardo A. Roig, Esquire, Ricardo A. Roig, P.A., 4023 North Armenia Avenue,

Suite 400, Tampa, Florida 33607 (Jbr the Smiths);Office of the State Attorney,

Post Office Box 5028, Cleanvater, Florida 33758 @v the State); and the

Honorable Crockett Famell, 315 Court Street, Suite 421, Cleanvater, Florida

33756 (nominal Respondent).

Florida Bar No.: 86789

BATTAGLIA ROSS DICUS & WEIN, P.A.
First Union National Bank Building
980 Tyrone Boulevard (33710)
P.O. Box 41 100
St. Petersburg, FL 33743
Telephone No.: (727) 381-2300
Facsimile No.: (727) 343-4059
Attorneys for Respondents
James Birkhold
Clerk of the Court
Second District Court of Appeals
1005 E. Memorial Boulevard
Lakeland, Florida 33802

Re: Mark A. Adams, et al. vs. Jeffrey S. Smith, et at.

2"dDCA Case No: 2D04-636
L.T. Case No.: 01-934741

Dear SirIMadam:

In connection with the above-captioned matter, enclosed for filing please find the
following original documents:

1. Response to Petitioners' Verified Motion to Disqualify Judges of the District

Court of Appeal for the Second District of Florida;
2. Request for Judicial Nqtice;
3. Response to Motion for Rehearing, Request for Written Opinion, Motion for
Clarification, Motion for Certification, and Motion for Rehearing En Banc;
4. Appendix to Response to Motion for Rehearing, Request for Written Opinion,
Motion for Clarification, Motion for Certification, and Motion for Rehearing En Banc;
5. Joinder of Respondent, State of Florida.

If you have any questions regarding the enclosed, please do not hesitate to contact
me.
Sincerely,

BATTAGLIA, ROSS, DlCUS & WEIN, P.A.

Legal Assistant to Timothy W. Weber

Enclosure(s)
TWW:hac
Second District Court of Appeal Case Docket Page 1 of 2

Second District Gaud of Appeal Case Dockd

Case Number: 2D04-636
Civil Prohibition Petition from Pinellas County

MARK A. ADAMS and MARK A. ADAMS, P. A. vs. JEFFREY S. SMITH, et al.,

h e r Tribunal Case(s): 01-9347 CI 015

dated April 8,2004 and request to

Second District Court of Appeal Case Docket Page 2 of 2
 IN THE DISTRICT C O m T OF APPEAL
FOR TEE SECOND DISTRICT
STATE OF FLORIDA

MARK A. ADAMS and

MARK A. ADAMS, P.A.

Petitioners,

Case No.: 2D04-636

JEFFREY S. SMITH, SHARON P. SMI[TH,

CORPORATE SPORTS MARKETING
GROUP, NC., CHRISTOPHER C. ICING,
and DWAYNE MARTINS,

Respondents I

PETITIONERS' MOTION TQ S
J O m E R OF RESPONDENT, STATE OF FLORIDA

COMES NOW, Petitioners, MARK A. A D A M S and A. ADAMS,

P.A., to file this Motion to Strike Jouider of Respondent, State of Florida pursuant

to Fla. R. App. P. 9.300 showing:

1. On April 28,2004, a Joinder of Respondent, State of Florida was filed with

this Court by Tirnothy W. Weber, Esquire of Battaglia, Ross, Dicus & Wein,

P.A., counsel for the Respondents, Corporate Sports Marketing Group, Inc.,

Christopher C. King, and Dwayne Martins.

2. This Joinder was signed for Timothy W. Weber, Esquire by Mark P. Stopa,

Esquire of Battaglia, Ross, Dicus & Wein, P.A.

3. In this Joinder, Timothy W. Weber, Esquire purports to represent the State

of Florida before this Court and purports to have authority on behalf of the

State of Florida to join in the Response to the Petitioners' Motion for

Rehearing, Request for Written Opinion, Motion for Clarification, Motion

for Certification, and Motion for Rehearing En Banc; the Response to

Petitioners' Verified Motion to Disqualify Judges of the District Court of

Appeal for the Second District of Florida; Request for Judicial Notice; and

Appendix to the Response to the Petitioners' i+vbtion for Rehearing, Request

for Written Opinion, Motion for Clarification, Motion for Certification, and

Motion for Rehearing En Banc.

4. In a footnote, Timothy W. Weber, Esquire states, "Although prosecution of

the contempt has been reassigned by the Honorable Crockett Farnell, the

undersigned's representation of the Respondent has not been terminated in

the Appellate Court. In order to protect its interests, Respondent hereby files

this joinder." However, this statement is misleading as it implies that Mr.

Weber has represented the State before this Court in this matter despite the

fact that Mr. Weber had not filed any document in this matter prior to April

28,2004 or that this Court has somehow appointed Mr. Weber to represent

the State of Florida.

5. Timothy W. Weber, Esquire fails to clarify that the attorney who is

representing the Petitioners on the indirect criminal contempt charges before

the lower court, Gregory L.Olney, Esquire of Meros, Smith &2Olney, B.A.,

filed a Motion to Disqualify Timothy Weber as Prosecutor pursuant to R.

Regulating Fla. Bar 4-3.7 and Clamell v. State, 455 So.2d 1050 (Fla. 3d

DCA 1984)(en banc). (App. A). This motion was granted at the hearing

before the lower court on March 26,2004 which was attended by Timothy

W. Weber, Esquire and Mark B. Stopa, Esquire of Battaglia, ROSS,Dicus &

Wein, P.A.

6. Timothy W. Weber, Esquire also fails to clarify that on April 6, 2004 the

lower court entered a written order which relieved Timothy W. Weber,

Esquire "from any further prosecutorial duties or responsibilities." (App. B).

Therefbre, when the Joinder of Respondent, State of Florida was signed on

April 26,2004, Timothy W. Weber, Esquire and Mark P. Stopa, Esquire

knew that Mr. Weber had been relieved of his appointment to represent the

State as prosecutor ofthe indirect criminal contempt charges against the

Petitioners pending in the lower court and that he had no authority to file any

document with this Court on behalf of the State of Florida.

WHEREFORE, the Petitioners respectfully request the this Court enter an

order striking the Joinder of Respondent, State of Florida filed by Timothy W.

Weber, Esquire, awarding attorney fees to the Petitioners for bringing this motion,

sanctioning Timothy W. Weber, Esquire for filing this joinder without authority in

an attempt to mislead this Court, and granting any further relief that is appropriate

and just.

Respectllly submitted,

Mark A. Adams, Esquire

Mark A. Adanas, P.A.

CERTIFICATE OF SERVICE
The undersigned certifies that a copy hereof has been &mished by U.S. Mail

to 'Timothy W. Weber, Esquire, of Battaglia, Ross, Dicus & Wein, P.A., the

attorney for COWOtPAm SPORTS TmG, GROUP, DJC.,

CHRISTOPER C. IKING, and DWAYNE TINS, at P.O. Box 41 100, St.

Petersburg, Florida 33743-1100, facsimile phone number 727-343-4059; to

Ricardo A. Roig, Esquire, the attorney for JEFFWE16 S. SMITH and SHARON P.

SMITH, at 4023 N. Almenia Ave., Suite 400; Tampa, FL 33607; facsimile phone
number 813-874-0445; to the Honorable Crockett Farmell at 315 Court Street, Suite

421; Clearwater, FL 33756; and to the Ofice of the State Attorney, P.O. Box
L
5028; Clearwater, FL 33758 on this 6 '

?-- day of May, 2004.

"'

Akark A. Adams, Esquire

Mark A. Adams, R.A.

1HEREBY CERTIFY that this motion complies with the font requirements

of Fla. R. App. P. 9.100(1).

-..f
Mark A. ~ d a m s , % s ~ u i r e
Mark A. Adams, P.A.
Ha. Bar No. 0193178
P.Q. Box 1078
Valrico, FL 33595
Phone: 813-454-1235
Facsimile: 8 13-454-1390
Petitioners and Attorneys for
Petitioners
 1N THE DISTRICT COURT OF APPEAL
FOR TME SECOND DISTRICT
STATE OF FLORIDA

MARK A. ADAMS and

MARK A. ADAMS, P.A.

Petitioners,

Case No.: 2D04-636

JEFFREY S. SMITH, SHARON P. SMITH,

CORPORATE SPORTS TING
GROUP, INC., CHRISTOPHER C. ICING,
and DWAYNE MARTINS,

Respondents I

PEP'XT11NERS9ISaOTIBN TO S
JOINDER OF RESPONDENT, STATE OF m 8 N D A
APPENDIX
'FABILE OF (CONTENTS

DOCUMENT TAB

Motion to Disqualify Timothy Weber as hosecutor A

Lower Court's Order dated April 6,2004 B

Appendix A
 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY. FLORIDA
CIVIL DIVISION

JEFFREY S. SMITH and

SHARON P. SMITH,

Plaintiffs.
UCN: 522001CA009347XXXXCI

REF: 01-00947-Cl-015
CORPORATE SPORTS MARKETING
GROUP, INC., CHRISTOPHER C. KING,
and DWAYNE MARTINS,

Defendants.

CORPORATE SPORTS MARKETING

GROUP. INC.,

Counterplaintiff,

JEFFREY S. SMITH. JOHN D. KERIN.

and LAFAYETTE MARKETING
GROUP, INC., a Florida corporation,

Counterdefendants.
-
MOTION TO DISQUALIFY TIMOTHY WEBER AS PROSECU-

Comes now, the defendant, MARK ADAMS, by and through his undersigned attorney, and

moves this honorable court for an order disqualifying Timothy Weber as prosecutor herein, and as

grounds therefor would show:

1. Timothy Weber was counsel for the opposing party in the underlying dispute.

2. Timothy Weber is a witness in the criminal charge that has been filed against the

defendant and has filed an affidavit containinghis sworn testimony which was instrumental in causing

the court to issue its Order to Show Cause.

3. Rule 4-37,Florida Rules of Professional Conduct, states (a) when a lawyer may
testify. A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary

witness on behalf of the client except where (1) the testimony relates to an uncontested issue; (2) the

testimony will relate solely to a matter of formality and there is no reason to believe that substantial

evidence will be offered in opposition to the testimony; (3) the testimony relates to the nature and

value of legal services rendered in the case; or (4) disqualification of the lawyer would work

substantial hardship on the client. In the case at bar. the testimony of Mr. Weber clearly relates to

a contested issue and is not a matter of formality. The relevant testimony does not relate to the

nature and value of legal services rendered in the case, and the disqualification of the lawyerwill not

work a substantial hardship on the client since, as prosecutor prosecuting a criminal case, the client

is the state.

In Clausell v. State, 455 So.2d 1050 (Fla. 3d DCA 1984) is the best authority counsel for the

defendant can cite for the court to consider in determining the appropriateness of allowing Timothy

Weber to remain as prosecutor on the case. A copy of that opinion is attached hereto and made a

WHEREFORE, the defendant herein respectfull

~ L - b - L w - -&.ra
order, disqualifying Timothy Weber as prosecutor.

CERTIFICATE OF SERVICE
-
I certify that a copy hereof has been furnished by mail to Timothy W. Weber, Esquire. P. 0 .

Box 4.1100, St. Petersburg, Florida 33743, on March a, 2004.

MEROS, OLNEY, P.A.

P. 0. Box 27 L/
St. Petersburg, FL 33731
(727)822-4929 Fax: (727)821-7140
FEN. 362913 1 SPN 241'712
Attorney for Defendant
Appendix B
 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION

JEFFREY S. SMITH and

SHARON P. SMITH.

Plaintiffs,
UCN: 522001CAOO9347XXXXCI

REF: 01-OW327-CI-015
CORPORATE SPORTS MARKETING 9 3 ~
GROUP, INC., CHRISTOPHER C. KING,
and DWAYNE MARTINS,

Defendants

CORPORATE SPORTS MARKETING

GROUP, INC.,

Counterplaintiff,

JEFFREY S. SMITH, JOHN D. KERIN,

and LAFAYETTE MARKETlNG
GROUP, INC., a Florida corporation,

Counterdefendants.

ORDER

This cause came on to be heard upon the motion of MARK ADAMS to disqualify

Timothy Weber as prosecutor, and the court having considered argument from counsel

and the court having considered all of the events that have transpired in the pendency of

these proceedings, and the court being otherwise fully informed, it is thereupon

ORDERED that the Slate Attorney's Office for the Sixth Judicial Circuit is appointed
to prosecute the indirect contempt of court charge brought against MARK ADAMS and

Timothy Weber is relieved from any further prosecutorial duties or responsibilities.

DONE AND ORDERED at Clearwater, Pinellas County, Florida, on A p r i l , 2004.

CIRCUIT JUDGE

Copies furnished to:

Gregory L. "Skip" Olney, II, Esq.

Timothy W. Weber, Esq.
State Attorney's Office