State Attorney Will Take No Further Action in the Bob Dean Case
STATE ATTORNEY SPOKESMAN: “WE STILL THINK IT’S OBVIOUS THAT ROBERT DEAN LIVES IN KEY HAVEN.” BUT, BY LAW, THAT OPINION IS TRUMPED BY THE CANVASSING BOARD.
Commentary by Dennis Reeves Cooper…….
A couple of weeks ago, Bob Dean– through his attorney, Michael Halpern– virtually slapped State Attorney Catherine Vogel right in the face. Following a voting fraud investigation last month, Vogel concluded that Dean may have been voting illegally in Key West for years– because, she said, he doesn’t live in Key West. He lives in Key Haven, just outside of the Key West city limits. Voting in a district where you don’t live is a third degree felony punishable by as much as five years in jail. Dean needs the Key West designation on his voting card (even though almost every other document in Dean’s life shows the Key Haven address) to try to establish residency in Key West. You see, Dean sits on two important boards here. He holds the Key West seat on the Florida Keys Aqueduct Authority (FKAA). He also sits on the board of the Key West Housing Authority. He gets pay and benefits from both agencies– but both of those positions require that he live in Key West.
But Vogel opted not to prosecute Dean because, she said, he may have gotten bad advice in the past from a former Supervisor of Elections, as well as a former State Attorney. Instead, she put Dean on notice by formally challenging his eligibility to vote in Key West. Now, here is where the virtual face-slapping comes in. At a recent FKAA board meeting, where Dean’s residency was being questioned, Halpern stood up and loudly promised that Dean would indeed vote in the upcoming Key West City elections and that his eligibility to vote would be ratified by the elections Canvassing Board– City Commissioner Jimmy Weekley, City Commissioner Clayton Lopez and City Clerk Cheri Smith. And that’s exactly what happened. Dean voted and so did the members of the Canvassing Board. Last Friday, they voted 3-0 to accept Dean’s argument that he lives in that little apartment on Bahama Street in Key West and not with his wife in that big house in Key Haven– and, therefore, he can vote legally in Key West. These poor hapless city officials gave new meaning to the word “pathetic.”
Well, surely State Attorney Vogel wasn’t just going to sit there and take a face-slapping without taking some significant action.. After all, she is the chief law enforcement officer in Monroe County. And she had put Dean on notice that, if he voted, there could be consequences. So immediately after the Canvassing Board vote, I sent a one-question email to Vogel’s office: What are you going to do now? I received a detailed response from Assistant State Attorney Mark Wilson informing me that the State Attorney’s Office does not plan to take any further action in the Dean case.
“Many people have a fundamental misunderstanding about the relative responsibilities of the Canvassing Board and the State Attorney in a case such as this,” Wilson said, “The Canvassing Board decides who is an eligible voter. The State Attorney decides if a crime has been committed, and if so, whether the crime can be proven beyond a reasonable doubt. Those responsibilities are distinct and do not overlap. But our view of the matter hasn’t changed,”Wilson emphasized. “We still think it’s obvious Robert Dean lives in Key Haven. But our opinion about Mr. Dean’s eligibility to vote in Key West elections doesn’t trump the opinion of the Canvassing Board. If the Canvassing Board says he is eligible to vote, he is eligible to vote. That’s their function. By law, the question of a voter’s eligibility is consigned to the Canvassing Board alone– the State Attorney isn’t given a veto.”
Wilson invested some time and thought in his response. For readers who have been closely following this story, here is his response verbatim:
“Chief Investigator Chris Weber sent me your e-mail asking what action, if any, the State Attorney’s Office intends to take in light of the Canvassing Board’s decision to accept Robert Dean’s provisional ballot. The short answer is that we intend to take no further action. Let me explain why. Many people have a fundamental misunderstanding about the relative responsibilities of the Canvassing Board and the State Attorney in a case such as this. The Canvassing Board decides who is an eligible voter. The State Attorney decides if a crime has been committed, and if so, whether the crime can be proven beyond a reasonable doubt. Those responsibilities are distinct and do not overlap.
“The statute governing provisional ballots – i.e., the ballot of a voter whose eligibility has been challenged – says the “canvassing board shall … determine if the person voting that ballot was entitled to vote at the precinct where the person cast a vote in the election[.]” Fla. Stat. § 101.048. You’ll notice the statute doesn’t say anything about the State Attorney being able to make his or her own judgment about this: the statute says when a voter’s eligibility is challenged, the Canvassing Board decides. In Robert Dean’s case, our investigation convinced us he doesn’t live at the Bahama St. address he claims as his residence for voting purposes. In our judgment, the facts show he lives in Key Haven, not Key West. That’s why the State Attorney filed a challenge to Mr. Dean’s eligibility to vote in Key West elections, which under Florida Statute 101.111 is the correct method to challenge a voter whose eligibility is in doubt. Our view of the matter hasn’t changed. We still think it’s obvious Robert Dean lives in Key Haven. But our opinion about Mr. Dean’s eligibility to vote in Key West elections doesn’t trump the opinion of the Canvassing Board. If the Canvassing Board says he is eligible to vote, he is eligible to vote. That’s their function. By law, the question of a voter’s eligibility is consigned to the Canvassing Board alone – the State Attorney isn’t given a veto.
“Crimes are a different matter, of course. That’s exclusively the State Attorney’s business. The statute criminalizing illegal voting provides, “Whoever, knowing he or she is not a qualified elector, willfully votes at any election is guilty of a felony of the third degree[.]” Fla. Stat. § 104.15. You’ll notice there are three elements to this offense: (1) the person is not a qualified elector (i.e., voter); (2) the person knows he or she is not a qualified elector; and (3) the person willfully votes anyway. The reason we aren’t going to prosecute Robert Dean for voting, despite the State Attorney’s challenge to his eligibility, is simple: we can’t prove the first and second elements of the crime. Number one, the Canvassing Board has said Mr. Dean is a qualified elector. (We may have a different view of the matter, but as I mentioned earlier, the Canvassing Board’s opinion is dispositive of this question.) Number two, if Mr. Dean is a qualified elector – which the Canvassing Board says he is – it is obviously rather difficult for us to prove Mr. Dean knows he is not a qualified elector. So even if you believe the Canvassing Board’s decision was contrary to the facts, how can the State Attorney’s Office prove Robert Dean knows he’s not a qualified elector when the Canvassing Board says that he is? We can’t. In light of the decision of the Canvassing Board, there is no way Robert Dean can be prosecuted for illegally voting.
“”I know many people are unhappy the Canvassing Board decided to accept Mr Dean’s vote. And I know there are some people looking to the State Attorney’s Office to do something about it. But there isn’t anything more for us to do beyond what we have already done. This reminds me of a famous dissent by United States Supreme Court Justice John Marshall Harlan (ironically, in an apportionment case), in which he remarked: “The Constitution is not a panacea for every blot upon the public welfare[.]” Reynolds v. Sims, 377 U.S. 533, 624-25 (1964). So it is with the State Attorney’s Office. It isn’t our function to right every perceived wrong in the county. We have our job, which we take very seriously and do as conscientiously as we can. Other elected officials and bodies have theirs.
Best regards,
Mark Wilson
Assistant State Attorney
~~~~~~~~~~~~~~~~~~~~~
CORRECTION:
One of our readers pointed out an error in a recent story that involved Bob Dean’s service on the board of the Key West Housing Authority. The story should have reported that Dean receives no pay or benefits from the Housing Authority. All the members of that board are volunteers.
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The farce (bubba justice) remains alive and well, in Key West. Gosh, I suppose it would be too much of a grey legal matter, or any grey matter, stretch for the State Attorney, who is not Mark Wilson but is Catherine Vogel, to arrest, jail and prosecute not only Bob Dean, but also City Commissioners Jimmy Weekly and Clayton Lopez and City Clerk Cheryl Smith, who are the Canvassing Board, for conspiracy, scheme, fraud, bought off, or bubba’d off, to violate the voting laws. Of course, that’s really sarcasm. I don’t really mean it, because I know Vogel ain’t gonna do it. So, she becomes the 3rd State Attorney in a row to join the farce, and who prosecutes the State Attorney? Not holding my breath on that one, either. Perhaps Vogel will use the Dean case as her crowning legal achievement during her first 4 years in office, in her campaign for reelection next year. If not, perhaps the voters will remind Vogel that the Dean farce was her crowning achievement, when they elect someone else to replace her. Hopefully, not someone who was previously part of the Dean machine.
Then the next step is to go after the city Commissioner Jimmy Weekley, City Commissioner Clayton Lopez and City Clerk Cheri Smith as they had far more than enough proof to know he lied about where he lived. They are not fit to serve.
And Dean would have a very hard time in court proving where he lives with evidence such as no usage of water. This is the type of corruption that keeps people like this in office. Only a stupid fool on a jury would not convict him. So now is the question of who oversees this canvassing board and ask them all to resign. With them removed then his right to vote can be challenged again. Hope all of them understand they could face felony charges, fines and even jail. Do believe it is time to start a book and that will have the potential of costing KW many tourist. Unless the voters are blind they will force action.
Put Dean up on the stand and ask him to explain his normal day living and where he sleeps at night.
Being his name is on the deed to the property at Key Haven does this not invalidate the homestead ? He could fix this by a deed change but my understanding is all the persons on the deed must qualify as living at the residence to qualify.
JIM BOB show some respect and resign. Low life like you are the problem. Your too dam old to be in charge of any office.
What this is all about is not Dean voting but keeping office , pay and insurance all at the price of tax payers.
Maybe with enough pressure the feds will check all of KW. Anyone really living in Key West should be ashamed.
Yep, yep, yep, but to get Dean on the witness stand will require Catherine Vogel prosecuting him, and will Dean take the stand, or plead the 5th Amendment? This would be hilarious, if it were not so predictable.
The State Attorney should now be investigating the Canvassing Board members based on their decision……..RIGHT??
But there is another option. The U S Attorney. Bring civil rights actions against the intertwined Bubbas and the authorities on the Keys. It took a persistent bunch of Feds to put away Gotti , it will take a persistent bunch of people to put away the Bubbas.
1. Screwing with and gerrymandering the voting laws of Florida. 2. Rico – an on going criminal enterprise. ( There are funds misappropriated by the Authorities in the Keys) .
Sad, It is obviously racketeering Dean’s influence affected their votes.
What can the public do? Who do we call? Is there a petition to request a RICO investigation?
This can’t end here.
Sad, very very sad.
This legal issue is now moot! Who does the state attorney really work for?
Just in case you are a new reader , view the squirming , guilty looking canvassing board at as they betray your trust. Pathetic cowards knowing they were helping perpetuate a lie. And still not a single cry of outrage from any public official. They are all accessories now in my opinion.
I love the picture. It really tells the story. The canvassing board meeting was just political theater. A little play-acting before the pre-arranged decision popped out. Halpern looks as though he found it a very boring waste of his time.
If memory servers me, Key West seceded from the United States along with it’s laws and constitution. So what is so strange when in plain sight we follow the rules Conch land. Whether it be commissioners, Dean,Eimers, or whomever.
Seems to me the next big question for us common folk is “How as voters do we replace the canvasing board?”
Are these elected positions? If so, when do they next come up for vote? Can they be impeached?
If they appointed positions… who appoints them and when does that come up for vote?
Basically, if the voters wanted to impeach/replace the canvasing board how would we do that? And how would we make sure they don’t get replaced with identical bubba loving cronies.
You impeach Weekley and Lopez, by not electing them the next time they run for city commission, which is how Tony Yaniz recently got impeached from the city commission. You likewise impeach the other city commissioners and the mayor, for not making a ruckus over Bob Dean and the canvassing board. You impeach Catherine Vogel when/if she runs for reelection. There has to be a way to appeal the canvassing board’s decision. If you live and vote in Key West, hire a smart lawyer like Bob Dean did, and sue the bastards! About zip probably are the chances of getting the feds involved, although perhaps suing the bastards in federal court, instead of in state court, might get the feds involved, if you can avoid getting the case dismissed because it is state law issue over which the federal courts have no jurisdiction.
Right. When the pigs fly.
“You gotta read this news article about this town in FL,” said Fingers as he handed the paper to Knuckles. Minutes later, Knuckles excitedly proclaims “Seems like the whole town is already bought and paid for. Bet some of ’em make a bundle just by voting — some guys have all the luck.” Fingers replies: “Sure beats hijacking trucks in the snow, don’t it? We gotta move our operation down there. We ain’t getting any younger and could make it big, might even become members of one of those boards “
Judging from the “citizens voice” section of the “fish wrap” the bulk of the population is more concerned about affordable housing for everyone, sleeping arrangements for the homeless, fantasy fest nudity, bad drivers (of cars and bicycles alike), rainbow crosswalks, arrival of the Walmart evil empire, who the streets are named after… etc.
I have not seen one comment about the corrupt system that is running the show. It seems the average citizen does not seem to care about this issue. Additionally, our elected officials remain totally silent on the issue. Go figure. The bubbas know this and feel quite safe continuing their antics. This will not stop until the public wakes up and cares about it.
I don’t understand why some of the commenters under this article are expressing surprise, shock,outrage. What Bob Dean got away with is the real Key West, always has been. The various external glitter is but lipstick and rouge. What would be both interesting and entertaining would be for Lopez and Weekley, and Mayor Cates and the other old city commissioner who was not up for re-election this year, Billy Wardlow, are put on spits and roasted about Deangate by the local mullet wrappers and candidate forum hosts when they run for reelection. Meanwhile, this really is high comedy: a wild west movie, but it ain’t a movie, where the bad guys get away with it.
Wow…This is such a clear cut violation of trust of the people! Jimmy and Clayton, I thought I knew ye. This will hurt you guys in the future. By the time anything gets done to alter this travesty, Dean will probably have expired anyway. Disappointed doesn’t describe it. What does Dean have on you guys?
Does JIM BOB ever smile.
Does this mean he meets the qualifications to remain on the FKAA? Does the canvassing board decision really trump all of the facts listed about his key haven homestead exemption? So fine he votes, what about taking his exemption away and fraud here.
The state attorney is wrong and has decided not to do his job. The canvassing board is only the first step and not the final step in this voting fraud; and, if the local prosecutor refuses to do anything and the state chooses to address the issue, they MUST do a complete investigation. If as they have done, refused than the Feds must get involved. This is a law enforcement issue and I do not believe one can say the canvassing board is a law enforcement agency. This corruption appears to be much bigger than one could ever imagine
Sloan’s going OTT again, saying the prosecuter should prosecute Dean for voter fraud. Vogel’s office explained very coherently that they could NOT win the case if the [unethical] Canvassing Board told Dean he was allowed to vote inside the city of KW!!! Simple. Sloan does some good work but he sometimes can’t control his frothing tirades and then appears mentally challenged, which is unfortunate for liberal causes.
I like Weekly a lot but his unethecal motion on the Canvassing Board to approve Dean’s fraudulent residence claim is a case of unethical conduct and there is an Ethics Committee somewhere that can censure him. [It has been used in KW before, think it was used against Mayor Wardlow when he accepted bribes.]
[Sloan, watch out for that adrenaline buzz, it may feel good but it means ur brain is shut off.]
This does call for action and if Vogel refuses then it needs go above her. Will also maybe get her office investigated as to why she does not go after some.
From everything we been seeing reported here in last couple years it is clear that there is enough corruption in Key West to write a book.
Not sure what to title it yet.
“THE MOST CORRUPT CITY IN THE US”
or “BEWARE OF KEY WEST”
or
“KEY WEST COPS ENJOY KILLING”
I lack the skills to write such a book but will find a partner and it will happen.
Do wish we could see follow ups on many of the stories we read here.
The cases either get dropped or tried. Many of them should end in the victim suing in court.
KW could be a fantastic place to live but not with such open corruption.
Had Dean really tried he could have created enough of a water bill to make it look like he lived in that apartment and had driver license and registration to back it. And get some mail.
Curious about this law.
“STATE ATTORNEY SPOKESMAN: “WE STILL THINK IT’S OBVIOUS THAT ROBERT DEAN LIVES IN KEY HAVEN.” BUT, BY LAW, THAT OPINION IS TRUMPED BY THE CANVASSING BOARD.”
Can anyone post the statute number or a copy of this law. Not saying it is wrong but would think Vogel has the right to trump the board.