After a former Embry-Riddle Aeronautical University professor was released by Judge R. Michael Hutcheson on supersedeas bond, (allowing the defendant to be free while he appeals his case), Volusia County Sheriff Mike Chitwood took it personally and sent some tweets critical of the judge and the defendant.
Apparently it’s not the first time.Over the summer, Sheriff Chitwood criticized Circuit Judge Mary Jolley, saying she was too lenient on juveniles offenders. The sheriff referred to her as a “lefty” judge.
Now, according to an article in the Daytona Beach News-Journal defense attorneys are speaking out against the Sheriff for overstepping his duties and bullying the judge. Judge Hutcheson is a respected Senior Judge who acted within the scope of his discretion and took steps to account for public safety while he also accounted for the defendant’s constitutional rights. In the mean time, the Sheriff, whose job is to enforce the laws in an unbiased fashion, is forgetting his role.
According to the same article, the Sheriff’s reaction is not the only one we should be concerned about. Representative Tom Leek and Senator Tom Wright apparently plan to introduce a bill that would prevent an individual convicted of a sex offense from being released on appeal.
Criminal defense attorney, Aaron Delgado was quoted as saying “You do not make a rule around an exceptional circumstance unless you are a politician looking for low-hanging fruit that makes it seem like you are doing something about a (non-existent) problem….And if you are a lawyer and a politician I expect you to understand about the constitution and due process and help educate lay people instead of feeding on their fears like some sort of electoral vampire,”
That’s something we’ve been saying for years! Thanks Mr. Delgado for speaking out publicly!
As to the legislators and the Sheriff – stay in your lane! This is precisely why we have separation of powers. Let Judge Hutcheson do his job and you worry about doing yours. And Sheriff Chitwood… that includes protecting the safety of the defendant wile he is out on bond. Now that you’ve put a large target on his back thanks to your tweets. If anyone in the community you’ve riled up now wants to become a vigilante, the blood will be on your hands!
$%!twood has always had a habit of shooting his mouth off without any thought behind it at all he has never met a sound bite he didn’t like
Great post, but can someone with Facebook or Twitter actually tag these people? Would do a lot more than only posting on this site!
The conduct of every LEO in this state is subject to review by the Florida Dept of Law Enforcement’s Criminal Justice Standards and Training Commision. This includes elected sheriffs. Anyone can make a formal complaint to that body. Perhaps FAC can do that or the defense lawyers.
Florida’s law enforcement needs to be educated in the Constitution of the United State of America where ALL citizens have rights – regardless of what these bullies and thugs think!
It’s discouraging to me that this type of public outburst is becoming the norm for our public/elected officials from the White House on down.
This type of behavior stokes the public’s paranoia and only leads to vigilante violence.
Sheriffs have a lot of power and little accountability. Often sheriff’s use the systems and their positions to harass and kill ppl while there in custody. DA’s rarely if ever charge deputies with copability so deaths and wrongful actions go unaddressed.
Sounds like something shady grady would do