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T ALLAHASSEE,
Fla. (AP) _ Lt. Gov. Jennifer Carroll could be forced to testify in a
sensational criminal case that has widened from allegations of illegal
taping to improper relationships within her office.
A circuit court judge on Thursday rejected a request by the
administration of Gov. Rick Scott to shield Carroll from being
questioned in the case involving one of her former aides.
Judge Frank Sheffield told Scott's general counsel that ex-aide
Carletha Cole is entitled in a criminal case to defend herself. The
ex-aide was arrested in 2011, accused of giving a reporter a secret
recording containing a conversation between Cole and Carroll's chief of
staff.
``There's not a person on the face of this earth that can't be a
witness in some case if they have relevant information,'' Sheffield
said.
But Sheffield made it clear that he's not to going to allow
Carroll _ or other top employees in the governor's office _ to be
questioned until Cole's lawyers put in writing why their testimony is
relevant.
``I'm not going to let people hide behind their office if they
are involved in the case; on the other hand, just because she's the
lieutenant governor, I'm not going to let him depose her if it's just a
fishing expedition,'' he said.
Cole, who was fired last year, is charged with a third-degree felony and could face up to five years in prison.
This summer her lawyers filed court documents in which Cole
claimed to have found Carroll in a ``compromising position'' with travel
aide Beatriz Ramos inside's Carroll's office. The former aide also
alleged that Carroll's chief of staff secretly recorded conversations
routinely at the direction of those working for Scott and that the trash
can at Cole's desk might have been deliberately set ablaze following an
argument between her and Ramos.
That court filing also alleged that Cole was ordered by Ramos to
find adjoining hotel rooms for Carroll and Ramos when they traveled.
Carroll, a former Navy officer who is also married and a mother
of three, has called the allegations ``false and absurd'' and said they
were an attempt by Cole to get her criminal charges dropped. A spokesman
for Scott has previously denied that the governor's office directed
people to secretly record conversations.
Last month, lawyers for Cole served subpoenas on both Carroll and
Ramos. That led to a request from the Scott administration to shield
the two from having to answer questions.
Jesse Panuccio, the general counsel for Scott, contended that
Carroll and other employees in the governor's office were being targeted
with ``scurrilous allegations'' as part of a media campaign to make
them look bad.
``There is no question that this is calculated campaign of
harassment against the office of the lieutenant governor,'' Panuccio
told the judge.
But Stephen Webster, a lawyer for Cole, said that Carroll was an
integral part of the case. He said that prosecutors will attempt to
paint Cole as a ``bad egg'' and unprofessional employee who released the
audio recording because she was disgruntled. He said that Carroll had
``direct knowledge'' of the facts in the case, including whether or not
Scott's office directed people to record conversations.
``She's directly involved in this case whether she likes it or not,'' Webster said about Carroll.
Sheffield made it clear that he was frustrated by the arguing so
far over evidence in the case and that it was time to move it ahead to
trial.
``This case is out of control, well, I intend to rein it into control,'' he told both sides.
Sheffield earlier on Thursday was also asked by attorneys of The
Florida Times-Union to block a subpoena of reporter Matt Dixon.
It was Dixon who allegedly received the audio recording from
Cole. The newspaper placed on its website the recording between Cole and
John Konkus, the chief of staff for Carroll. Konkus can be heard saying
that Scott's then-chief of staff, Steve MacNamara, is afraid of
Carroll. Konkus also complained that Scott ``is not leading.''
Attorneys for the newspaper told Sheffield that prosecutors can
get what they need to convict Cole without questioning Dixon. Under
Florida law, journalists have limited protection from testifying in
cases they are involved with professionally.
Assistant State Attorney John Hutchins argued that the protection
did not apply in cases involving those who witness crimes. He told the
judge that Cole and Dixon exchanged emails and she sent him the audio
recording.
``This is a criminal case, this is evidence of a crime,'' Hutchins told the judge.
Sheffield said he would rule later on the request.
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