2011.06.30 TRIAL Day Thirty-two (Afternoon Session)

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How does he have only 100 in checking and 12 in savings and able to cover the over 600$ dollars now?? hmmmm
 
Judge Perry is just too precious! I'm so glad he didn't let the "flipper" off. Now the "flipper" has an arrest record. Oh well...
 
KC has more sympathy on her face (if that is even possible for her) for this guy than she did for anyone or anything during this trial.
 
M B in court accused of using his middle finger to flick off ,Mr. Ashton

12th grade he can read and write ,he admits he read the sign

Admits the deputy told him rules about gestures,

Admits to understanding the rules

He tells the court he isnt sure
why he was gesturing with his middle finger to mr ashton that he doesnt understand why he did it.

Judge ask why he wanted to give Aston the finger

He doesnt know. why.

Judge ask him if he knows what would have happen if the jury saw him give aston the finger.

No says no

He has no evidence but offers his apology
He works as a server at TGIF'S

Judge tell him his action could have injuried all the work the lawyers have done in court.

He lives alone. (sad he must have friends though?)

guilty 6 days in jail. 400 dollar fine with 230 in court cost.

160 in his checking and 12 in savings.

Granted lawyer for appeal purpose.
 
Sir - would you state your name and age?

Matthew Bartlett - 28 years old.

Mr. Bartlett I am going to have the court deputy show you these 3 pictures which will be Court's Deposit Exhibit 1.

The person in the photo is me.

What is the symbol you are projecting?

Using my middle finger, and I am sorry.

And what does that mean?

The F word to some.

What does it mean to you?

To use the F word to someone.

And who were you

Mr. Ashton

And what was he doing at that time?

I don't know.

Court was in session was it not?

Yes

Do you see this sign?

Yes Sir.

Judge read the sign. How far have you gone in school?

12th grade.

Can you read and write?

Yes.

Did you not read the sign?

I have read it.

And when you came in this morning did the court Deputy re acquaint you?

Yes sir.

What did he say?

There shalt not be any gestures or expressions.

Was there anything you did not understand?

No, Sir.

Sir, pursuant to Rule .... Could you tell this court why you should not be held in contempt of court for failing to comply with posted signage and oral advice of court Deputies why you should not be held in contempt of court for pointing your index finger to JA who was at the podium at the time in open court while the court was in session.

I am surely sorry - this is something really stupid - and I don't understand why I did it. I apologize.

There is a reason why you extended JA the courtesy of your index finger - was there something he did - or do you think highly or lowly of Mr. Ashton.

I don't think lowly of him. It was a stupid thing.

Do you recall if the jury was in?

Yes they were.

Do you know what would have happened if the jury had seen you extending your finger?

No I don't.

Do you care to present any evidence of excuse or mitigating circumstances?

I jut apologize for doing this. It was a stupid thing I did.

Have you ever been convicted of a felony or misdemeanor involving dishonesty or moral turpitude.

Are you employed?

Yes sir.

Where?

I am a server at TGIF at Mellenia. I apologize for doing this.

Young man do you realize that the tax payers of the state of Florida have expended a great deal of money in putting o this trail and your actions could have jeopardized all of the work that the attorneys have done in this case?

Yes, sir.

One of the reason I had the signs posted and I have the deputies reiterate them.

Where do you live, sir? Do you live alone or with your parents?

I live alone.

At this time I will adjudge you to be guilty of the crime of direct criminal contempt. I will sentence you to 6 days in the Orange County Jail, impose a fine of $400 along with the applicable court costs.

How long do you need to pay the fine?

How much is the fine?

$400 plus $223.

I could pay it immediately.

I will give you 6 months to have it paid. Madam clerk - divide that total up in 6 months, starting August 1 - equal installments for a period of 6 payments.

Sir you have a right to appeal provided you file a written notice of appeal. If you cannot afford the services of an attorney, the court will appoint one. Do you wish to appeal?

Yes.

Raise your right hand (well you can't - because he is handcuffed)

What is your annual income?

Around $15,000 a year. His monthly expenses are around $1500. He has $160 in checking and $16 in savings. He has nothing of value of more than $4,000.
 
Wonder if Mark Eiglo (whatever the name is) will defend him.
 
Oh thankfully, it's a misdemeanor....it's too harsh to ruin this guy's life!

i agree.. stupid kid not thinking. however, think what effect this could/could have on the case? could cause a mistrial and all these tax dollars wasted which would add up to more than $400.
 
Can I ask what would have happened if the jury saw this? Seemed like it could have caused something big!
 
I am fascinated how we have these little side trials happen immediately
 
Wow! I would never mess with Judge Perry. never, never, never
 
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