FL - Markeis McGlockton, killed following parking dispute, Clearwater, 19 July 2018

Discussion in 'Trials' started by SeesSeas, Aug 13, 2018.

  1. SeesSeas

    SeesSeas FLORIDIAN

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    More attorney drama!
    Michael Drejka lawyer John Trevena arrested in Largo on domestic battery charge
    March 12, 2019
    LARGO — Pinellas lawyer John Trevena was arrested on a domestic violence charge Monday following an argument with his ex-wife, according to Largo police.

    Trevena, a prominent defense attorney with 33 years of experience, is one of three lawyers representing Clearwater parking lot shooter Michael Drejka in a closely watched case that reignited a debate last year about Florida’s stand your ground law.

    About 4 p.m., Trevena went to the Rosery Road apartment of his former wife, Meredith Trevena, to pick up belongings he said were his, a Largo police officer wrote in an arrest report. They had just finalized their divorce Wednesday, according to court records.

    As he searched through the apartment, Meredith Trevena recorded him on her cellphone. The video, the officer wrote, shows John Trevena shoving his ex-wife back as she tried to take back possessions from him that the report said were “clearly hers.”

    Meredith Trevena had a nail mark on her right wrist and swelling and redness on her left hand, according to the report. She told the officer she received the injuries while defending herself. She added that her ex-husband had shoved her to the ground, and, as she was trying to get up, kicked her in the groin area.

    Trevena was booked into the Pinellas County jail about 7 p.m. Monday. He was released on his own recognizance following his first appearance Tuesday morning. He could not immediately be reached for comment, but a friend of his, Deena Covell, told the Tampa Bay Times she saw the video. He was angry and "running his mouth," Covell said, but didn't touch his ex-wife.
    [...]
     
  2. cybervampira

    cybervampira Well-Known Member

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  3. SeesSeas

    SeesSeas FLORIDIAN

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    New Attorney For Drejka Defense Team After Series Of Events
    PUBLISHED March 13, 2019 @8:40 AM
    CLEARWATER, Fla. — A new attorney has joined the Michael Drejka defense team.
    [...]
    "I’m eager to join this team so that we can get justice for both sides in this case," Coy said in a statement released after her joining the defense team. "My intention with joining this team is not be a distraction but rather to focus on the upcoming trail."
    [...]
     
  4. SeesSeas

    SeesSeas FLORIDIAN

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    Re: Drejka lawyer John Trevena
    4/4/19 UPDATE - State is not prosecuting the Domestic Battery charge:
    https://ccmspa.pinellascounty.org/PublicAccess/default.aspx
    Case No. 19-03715-MM
    STATE OF FLORIDA VS. TREVENA, JOHNNIE HARRY
    Charges: 1. BATTERY; DOMESTIC
    04/04/2019 NO INFORMATION FILED Doc # 12
    04/01/2019 REQUEST NOT TO PROSECUTE AND/OR REQUEST FOR CONTACT Doc # 11

    upload_2019-4-5_20-11-32.png
     
  5. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    New information released in the Michael Drejka case (with clip)

    Apr 10, 2019

    "CLEARWATER, Fla. — Nearly 10 months after Michael Drejka shot and killed Markeis McGlockton, a new witness interview has been released....

    A person who witnessed the shooting told investigators he heard Drejka telling McGlockton's girlfriend that she couldn't park in the spot.

    "I have handicap family," the witness says Drejka told her.

    He said the whole thing happened in just a few seconds...

    The witness told investigators Drejka's actions after the shooting shocked him....

    ...Drejka was charged with manslaughter. His trial date is set for August 19."

    New information released in the Michael Drejka case
     
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  6. SeesSeas

    SeesSeas FLORIDIAN

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    Judge Rules Some Previous Drejka Incidents Will Be Heard In Court
    PUBLISHED 11:20 AM EDT Apr. 26, 2019 UPDATED 5:02 PM ET Apr. 26, 2019
    [...]
    A judge heard arguments about whether prosecutors can use Drejka's prior confrontations in the case against him. Drejka will stand trial for manslaughter charges in August in the slaying of Markeis McGlockton.

    On Friday, the state called five different witnesses who all described their interactions with Drejka. Those involved cars, a gun and in one case, a handicap parking spot.

    The defense didn't want any of this to make it to trial, but a judge ruled that some of it will.
    [...]
     
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  7. SeesSeas

    SeesSeas FLORIDIAN

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    Michael Drejka's stand-your-ground defense will go to a jury, not a judge
    May 31, 2019
    The defense team for Clearwater parking lot shooter Michael Drejka has decided against pursuing a stand-your-ground immunity hearing, one of his lawyers said this week. That means a jury will decide whether Drejka shot 28-year-old Markeis McGlockton in self-defense.

    The move sidesteps the opportunity to seek immunity from prosecution that’s provided in Florida's stand-your-ground law. Skipping the immunity hearing is a strategy used by attorneys for George Zimmerman in winning his acquittal for the shooting of 17-year-old Trayvon Martin.

    Attorney John Trevena said in an interview this week that he and Drejka's other three lawyers made the call after a judge ruled last month that the jury in the case can hear about a prior confrontation involving Drejka. A man said Drejka threatened to shoot him in the same parking lot where McGlockton was killed.
    [...]
    "They're trying to make it about a parking space when it has nothing to do with a parking space," Trevena said. "It's about a man getting shoved to the ground violently while next to the car."

    "We believe that the jury is the best entity collectively to decide that issue.”
    [...]
    The heart of stand your ground is that it removes the duty to retreat. Immunity hearing or not, it's part of the law jurors will use to decide the merit of Drejka's self-defense claim.

    “The immunity aspect of it, the only thing that it does is makes prosecutors antsy about filing charges. It makes police officers antsy about making arrests," Dekle said.

    “But the, 'You don’t have a duty to retreat aspect'? The jury is going to hear that no matter what."
     
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  8. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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  9. Hraefn

    Hraefn Verified Attorney

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    Thank you for the updates
     
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  10. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Hearing may unveil Drejka's defense plans

    Jun 07 2019

    "CLEARWATER, Fla. (FOX 13) - The manslaughter case against Michael Drejka continues, almost a year after the shooting death of Markeis McGlockton.

    A pre-trial hearing scheduled for Friday afternoon could shed light on the case that Drejka’s defense team is putting together. ...

    Drejka’s attorney, John Trevena, has spoken to media outlets about a plan to bypass a Stand Your Ground defense. Instead, attorneys would build a self-defense case and leave the ultimate interpretation of the shooting to a jury.

    Friday’s pre-trial hearing will be an opportunity for Drejka’s attorneys to formally state whether they plan to move forward with a Stand Your Ground hearing, or let the matter go straight to trial."

    Hearing may unveil Drejka's defense plans
     
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  11. Cryptic

    Cryptic Well-Known Member

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    Though I am by no means an attorney, I was thinking that they would ask for a 'stand your ground' dismissal as the defense would have the opportunity to win at the dismissal, and if they did not win there, still argue self defense during the trial.

    The above aside, I wish Florida could charge him with second degree murder. In my state, two would be regulators who initiated confrontations over minor law infractions are serving very long prison sentences. Any tolerance of civilian 'regulators' of any ideology or claimed purpose is a very slippery slope and the longer the prison sentence, the better.
     
  12. SeesSeas

    SeesSeas FLORIDIAN

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    Michael Drejka's stand-your-ground defense will go to a jury, not a judge
    [...]
    "They're trying to make it about a parking space when it has nothing to do with a parking space," Trevena said. "It's about a man getting shoved to the ground violently while next to the car."
     
  13. Cryptic

    Cryptic Well-Known Member

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    I think I see the strategy.

    Apparently, the regulator has had other aggressive incidents and Florida law allows for the District Attorney to introduce information about past criminal offenses if he can show that the past offense is relevant to the issues in the current offense.

    Evidently, the defendant has one such conviction that can be introduced. Very few judges will dismiss via SYG a case where the defendant has a prior relevant record.

    Though I can live with the manslaughter charges, second degree murder brings far more time, and hopefully far more of deterance to other regulators.
     
    Last edited: Jun 7, 2019
  14. SeesSeas

    SeesSeas FLORIDIAN

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    No 'stand your ground' defense for Clearwater shooter Michael Drejka
    Published: 5:09 PM EDT June 7, 2019
    Michael Drejka will not use a "stand your ground" defense when he goes to trial for fatally shooting Markeis McGlockton during a 2018 argument over a parking spot outside a Clearwater convenience store. During a hearing Friday, his attorneys said they would mount a standard self-defense argument when they head to court on Aug. 19.

    10News WTSP
    Published on Jun 7, 2019

    ABC Action News
    Published on Jun 7, 2019
    There had been speculation Michael Drejka was going to try and use Florida’s controversial stand your ground to gain immunity in his manslaughter case, but instead he will go to trial and let a jury make that decision.
     
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  15. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Michael Drejka’s defense wants to call a surprise witness: Pinellas Sheriff Bob Gualtieri
    It was the sheriff who first decided not to arrest Drejka after a fatal July 19 shooting. Now Drejka faces trial, and the defense wants the jury to hear from Pinellas’ top cop.


    June 17, 2019

    "...If permitted, the sheriff’s testimony could pit against each other two groups that are normally on the same side: law enforcement and prosecutors. But to what extent jurors will hear from Gualtieri, or whether they'll hear from him at all, is unknown...."

    Michael Drejka’s defense wants to call a surprise witness: Pinellas Sheriff Bob Gualtieri
     
  16. SeesSeas

    SeesSeas FLORIDIAN

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    NOTICE OF EXPERT WITNESS - Roy Bedard
    https://ccmspa.pinellascounty.org/PublicAccess/default.aspx

    STATE OF FLORIDA vs. DREJKA, MICHAEL
    OTHER EVENTS AND HEARINGS
    06/19/2019 MOTION Doc # 110

    TO DISQUALIFY PROSECUTORS AND APPOINT SPECIAL PROSECUTOR WITH INCORPORATED MEMORANDUM OF LAW
    06/17/2019 NOTICE Doc # 107
    OF EXPERT WITNESS

    upload_2019-6-19_20-50-6.png
    http://www.roybedard.com/
    ROY BEDARD - Professional Consultant
    [...]
    Mr. Bedard is often sourced for his expertise in self defense by defendants in criminal cases appealing to 'Stand Your Ground' and 'Castle Doctrine' protections offered by statutes in over 30 States. He provides force modeling and matrices and describes self defense theory within the context of legal provisions for the purpose of assisting triers-of-the-fact in understanding the complexities of what is known as "objective reasonableness".
    [...]
     
  17. SeesSeas

    SeesSeas FLORIDIAN

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    Parking lot shooter Michael Drejka asks judge to disqualify prosecutors who charged him
    June 20, 2019
    Clearwater parking lot shooter Michael Drejka has filed a longshot motion asking the judge to disqualify the prosecutors on the case, saying they gave in to political pressure when they charged Drejka with manslaughter.

    The motion, filed Wednesday by Largo defense attorney John Trevena, makes the case that politicians, community organizers and lawyers representing family members of the shooting victim, Markeis McGlockton, turned the case into a national spectacle that wrongly portrays Drejka as a gun-toting hot head who shot someone over a parking space. It also challenges what Trevena wrote was a misleading narrative that Drejka, who is white, was motivated by race when he pulled the trigger on McGlockton, who is black.

    The filing notes that Pinellas County Sheriff Bob Gualtieri didn't initially arrest Drejka, 48, because his actions fell within the bookends of stand your ground, meaning he was immune from arrest. Pinellas-Pasco State Attorney Bernie McCabe charged Drejka with manslaughter about three weeks later.

    "Mr. Drejka could face decades in prison," Trevena wrote, "because the State Attorney's Office and the sheriff could not stand their ground on stand your ground."
    [...]
    State Attorney Bernie McCabe took it a step further, calling the motion, which not only asks to disqualify Rosenwasser and Schaub but any prosecutors from McCabe's office, "so ludicrous it boggles my mind."

    "I have never seen a more ludicrous, frivolous motion filed that I can think of," the 45-year prosecutor said. "The only objective I can see from filing that motion is that a particular lawyer wants to see his name in the paper or do another television interview."
    [...]
    It will be up to Pinellas-Pasco Circuit Judge Joseph Bulone to decide whether to grant Drejka's motion and appoint a special prosecutor. If he denies it, Trevena said he plans to take it up with Gov. Ron DeSantis.
     
  18. Hraefn

    Hraefn Verified Attorney

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    IMO this expert is very necessary, because calling the "objective reasonableness" standard complex is a drastic understatement in a self defense case. JMO.
     
  19. SeesSeas

    SeesSeas FLORIDIAN

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    Agree. I am curious if this expert will explain The OODA Loop:
    Observe-Orient-Decide-Act (OODA)

    The OODA loop, reaction time, and decision making

    OODA loop, reaction time, and decision making

    Using the OODA Loop for Self-Defense

    THE OODA Loop: An Important Tool for Self-Defense
    [​IMG]
    [​IMG]
     
  20. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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