Grand Jury To Review Allegations Against Sheriff Candidate

July 24, 2012

ARCHIVED STORY — July 24, 2012

Next week, a grand jury will decide if criminal charges are warranted against John Powell, a candidate for Escambia County Sheriff, based upon allegations made by the incumbent sheriff.

State Attorney Bill Eddins announced Monday afternoon that allegations against Powell involving possible campaign finance violations will be presented to a grand jury on Monday, July 30.  Powell is alleged to have accepted cash donations over the legal limit, according to Eddins.

The allegations were raised to the State Attorney’s Office in a letter from incumbent Sheriff David Morgan. Monday afternoon, Morgan said he would not comment further on the case because of its pending status.

“While I am acutely aware of the political implications of this letter and request, both you and I are sworn to uphold (enforce) laws, regardless of the timing, when made aware of such violations,” Morgan said in a letter to Eddins.

In the letter, Morgan lists about 30 cash contributions made to Powell’s campaign that were in excess of the $50 per person cash limit. Campaign finance documents at the Escambia County Supervisor of Elections Office show cash contributions to Powell’s campaign in excess of $50 in amounts that ranged from $65 to $230.

“This information was brought to my attention by another elected official. And upon further  investigation, through public records posted on the Supervisor of Elections Website, it appears that John Powell’s campaign is engaged in an ongoing course of conduct in violation of Florida’s Election Law’s  specific limitations on cash contributions,” Morgan wrote.

“As you can surmise, this is no small amount and is indicative of an ongoing flagrant disregard for the very statutes one swears to uphold,” Morgan continued.

Powell said Monday afternoon that he has cooperated fully with the State Attorney’s Office investigation and that any mistakes were just that — honest mistakes that were being corrected with any cash contributions in excess of the $50 rule being refunded to contributors.

Powell said Morgan’s campaign had also accepted cash donations in excess of $50 and had then issued refunds.

“We are looking forward to the facts coming out; there was no intent,” Powell said. “We will continue to cooperate with the State Attorney’’s Office and the Supervisor of Elections.”

If the grand jury should find any wrongdoing on Powell’s part, Eddins said he would not expect any resolution to the case before the August 14 primary. “If any charges were to be presented, it would take two or three weeks for an arraignment and several months before any trial,” Eddins said.

Florida law says accepting cash campaign contributions in excess of the maximum allowable amount is a misdemeanor, punishable  by up to one year on jail or a $1,000 fine.

Comments

13 Responses to “Grand Jury To Review Allegations Against Sheriff Candidate”

  1. km on July 27th, 2012 5:19 pm

    To Ben – Good suggestion. I encounted something with the Escambia County Florida Law enforcement. You can not get in to talk to anyone. Didn’t take me long to form an opion about the ECFS. While in the lobby of the Sheriff’s office, a Deputy used the most filty language (not everyday words) Dealing with the law in Florida is a waste of time for anyone. Let all the “Crooks” roll. Give it some time and someone will find it very easy to surface Morgan’s dirt. Smoke usually escalates a fire. Proud my tax dollars are not spent in Florida.

  2. bigk on July 27th, 2012 12:14 pm

    Just a few more comments for the Citizens of this once great county. For a person to be charged for a crime you have to have criminal intent. Nowhere do I see any intent by Mr Powell to commit this offense (which is only a 2nd degree misdemeanor). Second is how much of the tax payers money is being thrown away. I found out that all of the Investigators for the State Attorney’s Office have been pulled from other cases to interview the donors. Also civil processors are working extra to serve the supeonas for the grand jury. I feel that if the charge is found to be unfounded (and it will) that morgan should be charged for the cost of the politically motivated investigation. He says he is looking out for the Citizens of this county but his actions say otherwise.

  3. Friction against the machine on July 25th, 2012 6:25 am

    Sounds like a political hit job. The republic is threatened when citizens can not stand up to run for office without fear that elected officials will try to imprison them. But what can we expect when the political process itself is broken and morally bankrupted?

  4. Avis Albritton on July 25th, 2012 4:05 am

    This wreaks of third-world, bush league politics. Both of you should be above this kind of petty nonsense. How about a little dignity? This kind of bickering does a great disservice to the office of Sheriff and reflects on every Deputy. You just cut the legs out from under those officers out there who struggle to get respect from the public. Lets try to do better.

  5. bigk on July 24th, 2012 9:03 pm

    I can speak from a contributor side. I and several others bought boston butts from a Powell fund raiser. I and two others bought with cash three $35 each with each for a different person. No violation but I turned in the money and lady taking cash put down all for me. John has since let me know of mistake found and has returned the difference back to me to fix the error. Is this a crime NO just a clerical error. I intend to cash the check and rewrite it to his campaign with more added on. This is a discusting effort by morgan to hide his short comings. Intelligent Citiens of this county will see thru this and vote for a real COP.

  6. smokey on July 24th, 2012 12:14 pm

    I think Morgans a little worried about not getting re-elected. Thats what politicians do, find dirt on their opponent especially when they feel like their going to lose.

  7. JustMe on July 24th, 2012 10:58 am

    Morgan is a joke. How about concentrating more on the on-going crime and drug problems in our county instead of being worried that Powell is going to pull more votes than you. If you had been doing the right job in the past years then you wouldn’t have to worry about getting beat out of the office. I agree with the previous poster, you my friend Morgan should be facing charges on letting that 30,000 dollar Tahoe get flooded while it was sitting at your jail. I don’t know about 1,000,000 worth of vehicles but wouldn’t doubt it.

  8. David Huie Green on July 24th, 2012 10:22 am

    REGARDING:
    “Powell is alleged to have accepted cash donations over the legal limit, according to Eddins.”

    We know he’s guilty of doing this because he returned the money.

    Next we consider the legality of the law. The Supreme Court has ruled that money is speech and the First Amendment guarantees freedom of speech. Therefore, if a person wants to speak up more than $50’s worth, he has that constitutionally protected right.

    Receiving the money, on the other hand may not be protected if Powell took money from the state or county or federal government to finance his run for power and agreed to abide by the $50 limit.

    I’m sure these things have been argued in court and somehow the law still stands and Sheriff Morgan is to be commended for keeping up with such laws.

    David for good laws
    and better people

  9. Diver Bill on July 24th, 2012 9:24 am

    OOOoooohh. A $65 dollar cash contribution when the cap is $50. Major crime there. At least Powell was honest enough to list ALL contributions. If Morgan has the time to send a letter to the State Attorney over $15 dollars, rather than spend his time stopping the violence in the county, it sounds like his priorities are out of order. Kind of Like Obama having 110 fund raisers and 100 rounds of golf, but has not met with his ‘Jobs Commission’ in over six months. It’s all about getting re-elected, then heck with the people. Wasn’t sure who to vote for before this story; now I’m voting for Powell.

  10. Terry Cotton on July 24th, 2012 8:08 am

    It is amazing to me that “another elected official” brought this to Morgan’s attention and if that person truly had unbiased reasons for this “information” he would not have notified either the Supervisor of Election’s office or Powell’s campaign of the problem. Having worked in many political campaigns for the past 60 years I can assure you that perhaps the candidate or the person filing the reports did this by oversight. However, when Morgan could not find any other reason to cause the Powell campaign public embrassment he jumped on this. And, speaking of timing why did this not become public earlier in the campaign.
    Sorry Sheriff, I think you would have duties that would need more of your “Sheriff attention” then this petty matter. Oh maybe you are feeling a little unsure of your win.

  11. Ben on July 24th, 2012 7:29 am

    Yep, as long as a criminal “rights his wrongs” there is no need to arrest anybody.

    Thieves can just give back what they stole. People caught wath drugs can just toss them in the trash. DUIs go away when you sober up.

    I like this new system of crime and nonpunishment.

  12. Abe on July 24th, 2012 7:03 am

    I know for sure who I’m voting for now.

    Now let’s talk about the real crime: allowing over a $1,000,000.00 worth of Escambia County Vehicles getting flooded a few weeks back. Who’s in charge down there at HQ?

    I’m not a Tea Partier but I don’t like the idea of my tax dollars paying to fix something that was completely avoidable.

  13. Peevey on July 24th, 2012 3:47 am

    This action by Morgan has changed my mind about law enforcement in general. I say we just lock everyone up. Forget about letting Mr. Powell right his wrongs and return the money. I say we give him the entire year behind bars. Can we put everyone on Powell’s campaign in jail? Surely more people than Powell knew about this conspiracy Give me a break.