IN AND FOR SEMINOLE COUNTY, FLORIDA
| STATE OF FLORIDA vs. SHELLIE N. ZIMMERMAN |
CASE NO: 59-2012-CF-001792-A |
STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, PETITION FOR WRIT OF QUO WARRANTO
The State of Florida, by and through the undersigned Assistant State Attorney, files this response to the Defendant’s Motion to Dismiss or, in the Alternative, Petition for Writ of Quo Warranto. The State moves this Honorable Court for an Order denying said motion. In support thereof, the State submits the following:
SUMMARY OF FACTS
1. The Defendant is charged with one count of Perjury, pursuant to Section 837.02(1), Florida Statutes. Said charge was filed via a capias on June 11, 2012.
2. In the above-referenced motion, the Defendant seeks to have this Court dismiss her Perjury charge, or in the alternative, find that State Attorney Angela Corey has exceeded her authority in charging the Defendant.
3. On March 22, 2012, Florida Governor Rick Scott, pursuant to Executive Order 12-72, appointed Ms. Corey to “discharge the duties of the Honorable Norman Wolfinger, State Attorney for the Eighteenth Judicial Circuit of Florida, as they relate to the investigation and all matters pertaining to the death of Trayvon Martin” (Emphasis added, Order 12-72 attached as Exhibit A). The Order further stated that the appointment of Ms. Corey was “in the best interest of the State of Florida and of the ends of justice” (see Exhibit A). The Order added that the appointment of Ms. Corey was “to avoid the appearance of conflict of interest or impropriety” (see Exhibit A).
4. On April 11, 2012, the State of Florida, charged the Defendant’s husband George Zimmerman, with the Second Degree Murder of Trayvon Martin.
5. On April 20, 2012, at a bond hearing for George Zimmerman, Mr. Zimmerman’s attorney called Shellie Zimmerman to testify on behalf of her husband. Specifically, Shellie Zimmerman testified, in part, about money available to George Zimmerman to make bond. It is from that testimony that the Defendant’s Perjury charge arose.
6. On December 18, 2012, Florida Governor Rick Scott, pursuant to Executive Order 12-279, extended the assignment of Ms. Corey for an additional year. Said Order further specified that the assignment of Ms. Corey include “the cases filed against George Zimmerman and Shellie Zimmerman” (Order 12-279 attached as Exhibit B).
SUMMARY OF LAW
It is the State’s position that the Defendant’s Perjury charge is within the scope of “all matters pertaining to the death of Trayvon Martin.” Based on the broad language used in the Executive Order it is clear that the purpose of the assignment was to absolve Mr. Wolfinger of all matters related to the death of Trayvon Martin. Furthermore, the language of the Executive Order does not limit the investigation to any specific person. Rather, the intent of the Executive Order was to give Ms. Corey the same authority as Mr. Wolfinger; that is to investigate and prosecute anything with reference to the death of Trayvon Martin.
In Hall v. State (136 Fla. 644, 187 So. 392), a case addressing the authority of a State Attorney assigned by Executive Order, the Supreme Court of Florida noted that a State Attorney assigned by Executive Order “was clothed with all the powers and privileges of the prosecuting attorney” from which the assignment originated (Id. at 661). The Court went on to hold that “a state attorney in this State is not merely a prosecuting officer in the Circuit in which he is appointed; he is also an officer of the State in the general matter of the enforcement of the criminal law, subject to the assignment by the Governor to any County in any Circuit of the State" (Id. at 657). The Court in Hall further explained that an assigned State Attorney “became in effect the State Attorney pro tempore... in so far as was necessary to fully effectuate the intent and purpose of said order.” (Id. at 661)
Similarly, in Giamo v. State (245 So.2d 116, 3rd DCA 1971), the Court held that the fact that an Information was signed by a State Attorney assigned to another judicial circuit by Executive Order did not render the Information insufficient.
The State further submits that common sense dictates that the prosecution of the Defendant is within the intended authority of the Executive Order. If Mr. Wolfinger needed to recuse himself “to avoid the appearance of conflict of interest or impropriety” regarding the death of Trayvon Martin, certainly Mr. Wolfinger would have had a similar issue with the investigation and/or prosecution of the wife of the person subsequently charged with Trayvon Martin’s murder. In Walker v. State (93 Fla. 1069, 113 So. 96), a case in which the Defendant objected to the Executive Order on the grounds that the order did not specify with sufficient particularity the cause in which the assigned State Attorney should act as State Attorney, the Court noted it was doubtful the defendant could raise the point as the assigned State Attorney was an officer named in the Constitution, and was acting under color of authority, (Id. at 1074)
Finally, subsequent to charges being filed against George Zimmerman and the Defendant, Governor Scott issued Executive Order 12-279, which expressly and specifically authorizes Ms. Corey to prosecute the Defendant’s case.
WHEREFORE, the State of Florida moves this Honorable Court to Deny the Defendant’s Motion.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing motion has been furnished by email, to Kelly B. Sims, Attorney for the Defendant, this 17th day of January, 2013.
Angela B. Corey
STATE ATTORNEY
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| John I. Guy Bar Number 971758 Assistant State Attorney |
