Judicial Panel Rejects Reimbursing Holder's Fees

By John W. Allman
Tampa Tribune
Aug 10, 2005

TAMPA - Circuit Judge Gregory P. Holder was not acting as a judge when he wrote a military research paper he later was alleged to have plagiarized, and therefore he should not be paid for his attorney fees.

That was the response this week of the Judicial Qualifications Commission to Holder's request to the Florida Supreme Court last month for $1.77 million he says he owes three law firms that handled his successful defense.

The court will take the matter under advisement and determine what the next step will be, said Craig Waters, a public information officer for the high court.

Holder, at the time an Air Force Reserve lieutenant colonel, was accused of copying passages from a peer's research paper during a 1997-98 military class he took while seeking promotion to colonel. He also was alleged to have violated judicial ethics by certifying the work as his own.

The JQC, which polices Florida's judges, dismissed charges against Holder on June 23. The panel found that while troubling, the evidence failed to meet the level needed to clearly and convincingly establish guilt.

Holder's motion for fees cites Florida case law that states public officials are eligible for reimbursement of fees at public expense if the case coincides with their official duties and serves a public purpose.

Charles Pillans III, the JQC's special counsel in the Holder case, in a response Monday, said that while Holder's case served a public purpose, there is no correlation between his job as a judge and his writing a research paper.

Pillans also said that Holder's request ignores a Florida Supreme Court ruling that costs accrued during a JQC proceeding ``must be kept within strict bounds'' so the JQC is not deterred ``from initiating a prosecution or a judge from defending against a charge.''

The same ruling, Pillans wrote, states that costs are not to include attorney fees.

Holder also has asked for reimbursement of court costs totaling $140,870.

The JQC hearing panel, in a separate response filed Monday, asked the court to refer that issue back to the panel to determine the exact amount of costs to be awarded.

Reporter John W. Allman can be reached at (813) 259-7915.

This story can be found at: http://www.tampatrib.com/floridametronews/MGBDP6137CE.html

Holder's Pricey Defense

Editorial
Tampa Tribune
Aug 3, 2005

Hillborough County Circuit Judge Gregory Holder says he racked up a $1.92-million tab fighting charges that he plagiarized an Air Force research paper. Now, a month after the case was dismissed, he wants the Judicial Qualifications Commission to foot the bill.

"I've paid considerable sums and so has my family," Holder said.

On Monday, Holder's attorneys filed a motion asking the JQC to pay the judge's legal bill. Holder hired attorneys from three separate law firms a little more than two years ago to defend against charges he plagiarized a 1998 research paper for a course at MacDill Air Force Base. His attorneys deposed dozens of witnesses and called several experts to the stand during the June JQC hearing.

Holder said he's personally shelled out about $100,000 for his legal defense. It's just a fraction of what he owes, but it represents about 75 percent of his nearly $135,000 annual salary. In a 2001 financial statement, the judge listed his net worth at $265,680.

During the JQC hearing, several witnesses raised serious doubts about allegations that the former Air Force reservist had cribbed the paper from another student, E. David Hoard. No one was ever able to produce the paper Holder originally submitted. The JQC concluded the evidence against Holder was not convincing enough and dismissed the charges against Holder.

A June 23 JQC order recommended that the Florida Supreme Court award costs to Holder. But commission officials said costs are one thing, attorney fees are quite another.

"It seems awfully high to me," said JQC general counsel Tom McDonald.

McDonald said Tuesday that he hadn't seen the motion filed by Holder's attorney. But he said the JQC's annual budget is only about $800,000.

"We can't pay it," said JQC general counsel Tom McDonald. "The state would end up paying it."

Holder's Tampa attorney, David Weinstein, said he was "cautiously optimistic" that the six-member panel that reviewed Holder's case would consider paying the estimated $140,000 in costs. Weinstein acknowledged, however, that he'll probably have a fight on his hands when it comes to collecting the roughly $1.77-million in legal fees. But he said the fees are reasonable.

"It's not unusual for a case that goes on for several years and that involves experts and witnesses and depositions from around the country," Weinstein said. "We had to start from scratch investigating these charges ourselves. This was a very time-consuming and expensive proposition."

Charles Pillans, the JQC's special counsel on the Holder case, said the payment of attorney fees would be unprecedented.

"I think there will be an issue as to whether they're entitled to fees," he said.

Weinstein cited Florida common laws that entitle public officials who successfully defend against legal charges brought in connection with their jobs to seek to recover expenses. He has asked the court to appoint a special master to determine what, if any, fees can be collected from the JQC.

The JQC rarely dismisses charges after a full hearing. In 1987, Orlando Judge Joseph Baker faced an allegation that he had taken a leave of absence without getting permission from his chief judge. The JQC tried the case but decided the evidence was not convincing.

The commission's executive director could not be reached to comment on who bore responsibility for Baker's costs and fees.

In the Holder case, as with Baker, the JQC will make a recommendation to the court about the repayment of costs and fees. McDonald said he doubts Holder will get everything he's asking for.

"We probably will negotiate with him on costs but the court has ruled that fees are not to be repaid," McDonald said.

This story can be found at: http://www.tampatrib.com/News/MGBYSYPTWBE.html

By Candace Rondeaux
St. Petersburg Times
July 26, 2005

TAMPA - Hillsborough Circuit Judge Gregory Holder says he racked up a $1.92-million tab fighting charges that he plagiarized an Air Force research paper. Now, a month after the case was dismissed, he wants the Judicial Qualifications Commission to foot the bill.

"I've paid considerable sums and so has my family," Holder said.

On Monday, Holder's attorneys filed a motion asking the JQC to pay the judge's legal bill. Holder hired attorneys from three separate law firms a little more than two years ago to defend against charges he plagiarized a 1998 research paper for a course at MacDill Air Force Base. His attorneys deposed dozens of witnesses and called several experts to the stand during the June JQC hearing.

Holder said he's personally shelled out about $100,000 for his legal defense. It's just a fraction of what he owes, but it represents about 75 percent of his nearly $135,000 annual salary. In a 2001 financial statement, the judge listed his net worth at $265,680.

During the JQC hearing, several witnesses raised serious doubts about allegations that the former Air Force reservist had cribbed the paper from another student, E. David Hoard. No one was ever able to produce the paper Holder originally submitted. The JQC concluded the evidence against Holder was not convincing enough and dismissed the charges against Holder.

A June 23 JQC order recommended that the Florida Supreme Court award costs to Holder. But commission officials said costs are one thing, attorney fees are quite another.

"It seems awfully high to me," said JQC general counsel Tom McDonald.

McDonald said Tuesday that he hadn't seen the motion filed by Holder's attorney. But he said the JQC's annual budget is only about $800,000.

"We can't pay it," said JQC general counsel Tom McDonald. "The state would end up paying it."

Holder's Tampa attorney, David Weinstein, said he was "cautiously optimistic" that the six-

member panel that reviewed Holder's case would consider paying the estimated $140,000 in costs. Weinstein acknowledged, however, that he'll probably have a fight on his hands when it comes to collecting the roughly $1.77-million in legal fees. But he said the fees are reasonable.

"It's not unusual for a case that goes on for several years and that involves experts and witnesses and depositions from around the country," Weinstein said. "We had to start from scratch investigating these charges ourselves. This was a very time-consuming and expensive proposition."

Charles Pillans, the JQC's special counsel on the Holder case, said the payment of attorney fees would be unprecedented.

"I think there will be an issue as to whether they're entitled to fees," he said.

Weinstein cited Florida common laws that entitle public officials who successfully defend against legal charges brought in connection with their jobs to seek to recover expenses. He has asked the court to appoint a special master to determine what, if any, fees can be collected from the JQC.

The JQC rarely dismisses charges after a full hearing. In 1987, Orlando Judge Joseph Baker faced an allegation that he had taken a leave of absence without getting permission from his chief judge. The JQC tried the case but decided the evidence was not convincing.

The commission's executive director could not be reached to comment on who bore responsibility for Baker's costs and fees.

In the Holder case, as with Baker, the JQC will make a recommendation to the court about the repayment of costs and fees. McDonald said he doubts Holder will get everything he's asking for.

"We probably will negotiate with him on costs but the court has ruled that fees are not to be repaid," McDonald said.

****

TOTAL COSTS: $140,870.79

A sampling of costs
Expert expenses & fees: $63,226.86
Copy fees: $19,065.56
Trial exhibit expenses: $2,547.78
Legal research fees: $9,527.00

TOTAL ATTORNEY FEES: $1,779,691.81

By law firm
Bales Weinstein: $1,194,947.50
Sidley Austin Brown & Wood: $533,627.50
James, Hoyer, Newcomer & Smiljanich: $51,116.81

                         Judge Holder Cleared By Panel

By John W. Allman
Tampa Tribune
June 23, 2005

TAMPA - Hillsborough Circuit Judge Gregory Holder was cleared Wednesday of charges that he plagiarized a research paper in 1997 and violated judicial ethics by certifying the work as his own.

             Panel's Decision On Judge Could Take Weeks

By John W. Allman
Tampa Tribune
June 15, 2005

TAMPA - There's the simple answer, and the not so simple.

The simple answer might mean disgrace. The not so simple could rocket skepticism of law enforcement in Hillsborough County to a new plateau, one where anyone is capable of anything.

In the middle of it all is a man accustomed to being behind the bench, not on trial before it: Hillsborough Circuit Judge Gregory P. Holder, a military man from a military family, who may or may not still have his job come July.

Holder's six-day hearing before the state Judicial Qualifications Commission ended Tuesday with a recap of allegations that he plagiarized an Air Force Reserve research paper in 1997-98.

The West Point graduate, where honor is supposed to mean all, is accused of breaching judicial ethics by signing a certificate affirming the paper as his own.

The allegation has been hanging over Holder for two years. Now he must wait while a JQC hearing panel - in essence, a jury of his peers - considers whether clear and convincing evidence exists of guilt. If so, Holder could face a range of punishment up to removal from the bench.

The courtroom filled early Tuesday for closing arguments. More than 60 Holder supporters were there. ``Thank you all for coming,'' said his mother, Alice.

Charles Pillans III, retained by the JQC to prosecute the case, offered the simple answer: The judge made a terrible mistake. Stressed and rushing to meet a deadline, he lifted 10 pages of text verbatim from a paper written years earlier by a military colleague.

David Weinstein, Holder's lawyer, countered with a more elaborate explanation, a not- so-simple conspiracy theory that plays off Holder's role as an FBI informant in an ongoing public corruption investigation. A plot to discredit the judge perhaps carried out by a controversial assistant U.S. attorney, Jeffrey Del Fuoco, who once specialized in corruption cases, Weinstein said. He fabricated the disputed paper, then lied about it, Weinstein suggested.

``That [he] made this up is pure fantasy,'' Del Fuoco's attorney, Craig Huffman, said Tuesday night. ``My client's credibility is beyond question.''

Original Copy Missing

The hearing was hindered by the fact that no one has an original version of Holder's research paper, which he submitted in January 1998 as part of an Air War College course. At the time Holder was seeking promotion in the Air Force Reserve to colonel.

Neither the judge nor the military can locate an original copy of the document. The paper in dispute is a photocopy.

Pillans said Holder had already flunked the first exam of the course because he didn't read the material. His judicial office was moving. His wife was ill, and his judicial assistant was on pain medication and having trouble typing the paper in the military's exacting format.

Then Holder made a poor choice, Pillans said. He had asked for, and received, a copy of a peer's paper, one whose passages appear in the plagiarized version. The same paper was found typed into his judicial assistant's computer. Text from that computer file appears verbatim in the plagiarized copy, Pillans said.

The disputed photocopy also contains written comments specific to the text, Pillans said, put there by the Air Force Reserve officer who graded Holder's paper.

If the photocopy was fabricated, then the fabricators were ``ingenious,'' Pillans said. ``They put incorrect information in there and then comments pointing out [its inaccuracy].''

Del Fuoco, Pillans said, didn't act like a conspirator. He testified during the hearing that he received an anonymous package in 2002 containing two research papers, one of them the alleged Holder paper.

By that point, Holder was aiding agents investigating allegations of courthouse corruption. Del Fuoco was the federal prosecutor heading up the probe.

``To suggest to you [that Del Fuoco] had some motive to derail a public corruption case,'' Pillans said, ``there's no basis, no motive, no fact.''

Credibility Questioned

Citing testimony Monday from Manatee County Sheriff Charles Wells, who said Del Fuoco once tried to extort money from him, Weinstein argued that Del Fuoco is a liar with no credibility.

And he had motive - a letter from Holder to the Justice Department criticizing the slowness of the corruption investigation.

``If there was an anonymous source, that person would have come forward by now,'' Weinstein said. ``They don't exist.''

The simple, and the not so simple.

The members of the hearing panel went home to ponder the evidence. The chairman, Escambia County Circuit Judge John Kuder, said the verdict could take two weeks.

Reporter Lenny Savino contributed to this story. John W. Allman can be reached at (813) 259-7915.

This story can be found at: http://www.tampatrib.com/FloridaMetro/MGBFEL2YY9E.html

Judge Names Inquiry's Targets

By Candace Rondeaux
St. Petersburg Times
June 14, 2005

TAMPA - Two years ago, Hillsborough Circuit Judge Gregory Holder's lower left desk drawer was just an ordinary file holder. But on Monday, the drawer and its contents became a Pandora's box of questions about the former Air Force reservist's role as a courthouse whistle-blower in a federal investigation into courthouse corruption.

Less than a week after a Tampa detective testified that Holder, 51, was a key witness in the federal corruption inquiry, Holder detailed his role in the investigation and named several Tampa officials as targets of the investigation in testimony before the Judicial Qualifications Commission.

"The targets of that federal investigation were (Judge) F. Dennis Alvarez, Judge Robert Bonnano and Maj. Rocky Rodriguez of the Hillsborough County Sheriff's Office," Holder said.

Holder also again denied allegations brought by the JQC that he plagiarized a 1998 Air Force research paper. He said he was meticulous about the file he kept in his desk drawer that contained both the paper he submitted for an Air Force course and a similar paper by another student, E. David Hoard.

Holder has consistently contended that the allegations stem from his role in the federal investigation. The veteran jurist's defense attorneys also have repeatedly brought up an incident involving a nighttime visit Bonnano made to Holder's chambers in July 2000, but have made no direct allegation that Bonnano might somehow be behind the current accusations against Holder.

Holder told the six-member panel he provided information to federal investigators about courthouse corruption from September 2001 to May 2002.

"I felt that my actions as a cooperating witness were consistent with my oath to God and the community," Holder said.

The JQC panel will decide whether Holder cribbed parts of the research paper from Hoard, a fellow Air Force reservist. If the panel finds the evidence against Holder to be credible and convincing, they can recommend to the the Florida Supreme Court punishment ranging from a reprimand to removal from the bench.

Holder has questioned what became of the federal inquiry. In November 2002, Holder fired off a stern letter to the U.S. Justice Department's Office of Professional Responsibility that raised concerns about how the corruption inquiry had been handled. He said he was incensed by the FBI's decision to drop the inquiry despite "compelling evidence" he had provided about a bribe received by another unnamed Circuit Court judge in Tampa.

http://www.tampabay.com©© Copyright 2003 St. Petersburg Times

Holder Says Others Had Ax To Grind In Frame-Up

By John W. Allman
The Tampa Tribune
Jun 15, 2005

TAMPA - Former Chief Judge F. Dennis Alvarez is a target in a sweeping federal and state corruption investigation stretching from the Hillsborough County courthouse to the Sheriff's Office, a sitting judge testified Monday.

The judge, Gregory P. Holder, spent eight months as an FBI informant in the corruption investigation, and is currently on trial for allegedly plagiarizing a research paper he wrote as an Air Force Reserve officer in 1997.

The probe was launched four years ago by the FBI and Florida Department of Law Enforcement. It has focused on allegations of case-fixing at the courthouse, prostitution, money laundering and illegal gambling.

A longtime Alvarez friend, former Circuit Judge Robert H. Bonanno, also is a target of the investigation, Holder said. Bonanno resigned 2 1/2 years ago on the eve of an impeachment hearing after a bailiff caught him inside Holder's chambers after hours in 2000 while Holder was out of town.

And so is Rocky Rodriguez, a former Hillsborough County sheriff's major who was once considered a likely successor to former Sheriff Cal Henderson, Holder said. Rodriguez retired in lieu of being fired in 2003 for making scores of personal calls on his departmental cellular telephone, most to his girlfriend.

Alvarez left the bench under pressure in 2001 after a series of courthouse scandals.

Holder named the three testifying in his own defense before the Judicial Qualifications Commission, the body that regulates Florida's judges. A JQC hearing panel is considering the plagiarism case against him. Holder is accused of violating Florida's Judicial Code of Conduct by signing a statement on the paper affirming the work as his own. If convicted, he could be removed from the bench.

Holder's defense is that he was framed because of his role in the corruption investigation.

``The folks I was offering evidence against knew of my involvement,'' Holder testified, ``and would do anything to stop the investigation.''

Several witnesses for Holder, however, testified that they knew of no attempt to discredit or harm him, even after word began to spread that he might be cooperating in the probe.

Coming To A Conclusion

Monday marked the fifth day of testimony. The proceeding is expected to conclude today.

Holder's role as an informant spanned part of 2001 and early 2002. Agents repeatedly met with Holder secretly and told him to call a secret telephone number if he needed anything, according to court documents.

Holder's former judicial assistant, Lorraine Nasco, testified last week that she also met with agents and was given a phone number to call if she felt threatened.

Holder did not say how he knew that the agents were focusing on Alvarez, Bonanno and Rodriguez, nor did he say anything about what the agents were after.

But court documents show that Holder told them about a judge believed to have taken a bribe.

Holder pointed agents to other judges at the courthouse, he testified.

``They spoke with a number of colleagues,'' he said.

Asked why they picked him out of more than 50 sitting judges, Holder fell back on his reputation for tolerating no wrongdoing.

``They thought I had information,'' he said, ``[and they] felt I was honest and forthright and would do the right thing.''

Charles Pillans III, the JQC's special counsel in the case, suggested that by assisting in the investigation, Holder might have violated another provision of Florida's Judicial Code of Conduct. Pillans also asked if Holder sought advice before agreeing to help.

``At no time did I seek anyone's advice,'' Holder replied, adding that he did not actually investigate anything.

In other developments Monday:

* A computer software expert testified that with modern technology, someone could have easily created a forgery to make it look as though Holder's research paper had been plagiarized.

* Holder's cross- examination revealed inconsistencies in what he told military investigators when the plagiarism allegation first surfaced against him and what he has said since.

* After recalling names, dates and minute details of his life in direct testimony last week, Holder said he couldn't remember certain things about the disputed research paper.

* And members of the hearing panel peppered Holder and other witnesses on his behalf about his character.

After learning that Holder had once failed a military exam, for example, panel member John T. Cardillo asked about Holder's failings.

``We've heard a lot about all his qualities,'' Cardillo said. ``There are things that occur. We're not dealing with someone who is super-human.''

Holder Breaks New Ground

But the big news came when Holder named names, and thus became the first person with inside knowledge about the corruption investigation to speak of it publicly.

Alvarez, speaking through his attorney, Barry Cohen, brushed aside Holder's revelation.

``Judge Holder of all people should know that we're a system of facts and evidence, not rumor and scuttlebutt,'' Cohen said. ``The [corruption] investigation is four years old and we assume that if there were any fact to support any allegations of wrongdoing, the government would have acted.''

Bonanno said much the same.

``I have been hearing about this ongoing corruption probe for four years,'' he said. ``Greg Holder has spoken to every agency that would listen to him. It's all in his head. It's sad.''

Rodriguez did not return telephone calls seeking comment.

FBI and FDLE officials said Monday they're prohibited from discussing ongoing investigations.

But Carl Whitehead, special agent in charge of the FBI's Tampa office, recently said in an interview that the corruption investigation is still active.

Reporter Lenny Savino contributed to this story. John W. Allman can be reached at (813) 259-7915.

This story can be found at: http://www.tampatrib.com/floridametronews/MGBTFG8MX9E.html

                Judge's Lawyers Say Paper Fake

By Jennifer Liberto,
St. Petersburg Times.
June 9, 2005

TAMPA - Missing, zig-zagging staples and a wrong date were cited Wednesday as reasons to doubt the authenticity of a research paper being used to attack the integrity of Hillsborough Circuit Court Judge Gregory Holder.

Holder's defense team began presenting its case Wednesday before the Judicial Qualifications Committee, which is considering whether Holder plagiarized a 1998 research report written for a seminar at MacDill Air Force Base.

Holder has since retired from the U.S. Air Force Reserve but had completed a research paper to further his rank.

Now attorneys are arguing about two copies of a research paper, which have since surfaced, while the original has disappeared. The copies show that 10 pages of Holder's 21 page report were copied verbatim from a report written by a Pentagon employee.

Holder and his attorneys say these copies are not the report Holder submitted to U.S. Air Force officials at Air War College. The defense says the research papers presented at the JQC hearing were fabricated, in a plot to retaliate against the judge for his part in a pending federal corruption investigation at the Tampa courthouse.

Holder, 51, could lose his job if the panel finds the plagiarism charges are clear and convincing during the hearing. The deliberations are expected to continue through next week.

Holder's attorneys started building their case Wednesday that Holder did not author the research paper copies in question. Their strongest witnesses included a forensic analyst who specializes in documents and said the papers were forged. Also a Tampa Police Department employee said that Holder could be a target for retaliation.

Detective James Bartoszak had been working with the FBI investigating corruption at the courthouse and said he worked with Judge Holder, who had been a secret informant in the investigation.

Holder had been given a secret mobile phone for contacting law enforcement to avoid tipping anyone off about his cooperation, Bartoszak said.

Later, Bruce Dekraker, a documents analyst with Green and Associates of Tampa, said that the two copies in question had clearly been assembled, which he determined by analyzing different numbers of staple holes in different pages. Some had up to nine holes, some had four and one had none. "It's consistent with forgery," Dekraker said.

The defense also presented a videotaped deposition given by Tampa attorney John Vento who said he had read an original copy of Holder's ungraded research paper back in 1998, because Holder had sent him a copy to read over. Vento, also an Air Force veteran, had earlier completed a research paper for the same Air War College course and had coached Holder how to approach the research paper.

Vento gave examples of how the research paper in question contained many typographical and factual errors, such as the wrong date for the Battle of Britain in World War II, something Holder would have known.

The commission makes recommendations to the Florida Supreme Court about whether a judge should be privately or publicly reprimanded, suspended or even removed from office.

Witnesses Say No Evidence
Of Plot To Discredit Holder

By John W. Allman
Tampa Tribune
June 9, 2005

TAMPA - Hillsborough County Circuit Judge Gregory P. Holder has said for nearly two years that he is the victim of an elaborate effort to discredit him and undermine his role as a federal informant in a sweeping public corruption investigation.

As the third day of testimony ended Wednesday in his Judicial Qualifications Commission hearing, the crucial questions - why, who and how - remain unanswered.

Holder, an Air Force Reserve colonel, is alleged to have plagiarized an academic paper he submitted seven years ago for a military class to gain promotion. He is accused of violating judicial ethics by signing a statement on the paper authenticating his work.

If the JQC's hearing panel, which polices Florida's judges, finds him guilty, Holder could be removed from the bench.

Two law enforcement experts who worked the corruption investigation both testified Wednesday that there is no evidence anyone has tried to discredit him.

Scott Peterka, a Florida Department of Law Enforcement agent, spoke at length about a July 2000 incident in which former Circuit Judge Robert Bonanno was found inside Holder's locked judicial office.

The incident sparked a grand jury inquiry and defined a time of turmoil at the courthouse. Bonanno, former Chief Judge Dennis Alvarez and former Circuit Judge Gasper Ficarrotta all resigned during that period. All had issues with Holder.

``The question has been raised maybe someone, someone in the courthouse, fabricated the paper,'' Charles Pillans III, special counsel to the JQC, said on cross- examination.

Peterka said he was not testifying that Alvarez, Bonanno or Ficarrotta was involved.

Tampa police Detective James Bartoszak, who spent more than a year with the FDLE and FBI investigating possible corruption at the courthouse and the sheriff's office, said it is typical for targets in white-collar corruption cases to try to discredit informants.

``Putting them in compromising positions with women. Planting drugs in their vehicles,'' he said, adding that he has never heard of anyone forging a research paper as retaliation.

Bartoszak, however, could not name names. He said the corruption investigation remains open.

He told Pillans he had no knowledge of ``any direct retaliation against Judge Holder.''

The day began with Holder's attorney, Steven T. Cottreau, addressing an invisible witness. Pillans called it the most ``surreal event'' in his legal career.

``I can't disagree with that,'' said Circuit Judge John Kuder of Pensacola, who is chairing the JQC panel. ``It is unusual and hard for me to grasp, too.''

Cottreau said he wanted to inform the panel of what he might ask Pillan's chief expert, Linda James, a forensic document examiner from Dallas. Cottreau's address, however, became a monologue on why James' conclusion is wrong.

The Tampa Tribune hired James in February 2004 to review the paper allegedly plagiarized by Holder. She, along with two other experts retained by the newspaper, concluded the purported Holder paper had not been forged.

Pillans sought James as a witness after the Tribune's story appeared. She is recovering from a medical condition at her home, he said, and is unable to appear at the hearing.

Holder's expert is Bruce Dekraker, a former law enforcement officer with more than 30 years' experience detecting falsified documents.

He inspected two documents at issue in the Holder case: one slipped anonymously under the door of an assistant U.S. attorney in early 2002 and another copy found nearly a year later by the same person in a storage locker.

Both documents have markings on them similar to notations made by an instructor grading the work. However, both are missing key marks such as a written grade and a time-date stamp used to log a paper when it is submitted.

Dekraker based his analysis on such criteria as staple marks that don't line up. He concluded that critical portions of the two papers - the cover sheet and 10 pages of verbatim text lifted from another student's paper - are actually duplicates.

``They're highly remanufactured documents,'' Dekraker said, ``and, in my opinion, they're forgeries.''

``What level of sophistication would it take to forge these papers?'' asked panelist Howard Coker.

Dekraker said it would require computer skills, including use of Adobe Photoshop, a program that allows for manipulation of images; a knowledge of the military course Holder took; and, the ability to write a military research paper.

``If one person did it, he'd have to possess all those abilities,'' Coker said.

http://www.tampatrib.com/floridametronews/MGBZPMOFQ9E.html

                     Ex-Judge Recounts Invitation To Clique

By John W. Allman and Michael Fechter
The Tampa Tribune
May 2, 2004

Tampa Fl - The conversation, he says, came less than a year after he became a Hillsborough County judge.

He sat and listened, he says, as a judge told him about a small band of judges who gave one another a heads-up whenever friends were to come to court. Then the other judge asked whether he would join the group.

Donald Evans remembers that he was stunned.

He still appears to be, more than 20 years later, recounting the moment, with clarity and conviction, when he says he realized he was privy to ``some conspiracy of sorts amongst a handful of judges.''

Evans said it was his first substantial interaction with F. Dennis Alvarez , the man who would eventually control the courthouse for 12 years as chief judge. At the time, Evans and Alvarez were county judges. Evans was essentially a rookie, having taken the bench in 1982.

Alvarez said `` `I have this same understanding with six, seven, eight judges,' '' Evans said in an interview with The Tampa Tribune. ``I said, `Dennis, don't put me on your list.' ''

Evans didn't report the conversation at the time, he said.

But it stayed with him, much like a subsequent series of events with another colleague, Circuit Judge Robert Bonanno, one of Alvarez's closest friends.

The events Evans describes provide the first detailed look at the courthouse issues tied to a broad federal and state corruption investigation in Tampa.

The probe, being conducted by the FBI and Florida Department of Law Enforcement, has been moving along two tracks. One involves allegations of past case-fixing at the courthouse by former judges and others. The other involves allegations of money laundering, loan-sharking, illegal gambling and prostitution, and has touched on individuals in law enforcement and private business.

Evans, 65, has been interviewed twice by FBI agents, he said, most recently in late 2001.

Although several past judges thought to be under scrutiny, including Alvarez and Bonanno, have resigned while being investigated for noncriminal ethical issues, no one has been criminally charged in the corruption investigation.

The Players Involved

Evans' relationship with Alvarez and Bonanno would play out over the next two decades, culminating in a rumor being spread about Evans' sexuality and Evans later being subpoenaed to testify before a state legislative committee that was considering whether to recommend Bonanno's impeachment.

Alvarez, now a private lawyer, initially agreed to an interview for this story, then canceled, then said he would not comment publicly even after hearing Evans' claims in detail.

Bonanno, after an expletive- filled rant against Evans, also initially agreed to consider an interview. He did not return three subsequent phone calls.

The Tribune spoke with Chief Judge Manuel Menendez Jr., Circuit Judges J. Rogers Padgett and Debra Behnke, the late Circuit Judge Robert J. Simms, who died of an apparent heart attack April 9, six other current or former circuit judges who refused to allow their names to be used, plus former Chief Judge J. Clifford Cheatwood.

All but one had heard about some or all of Evans' experiences either directly from him or from others at the courthouse.

Menendez declined to talk about Evans without saying why.

Many of the other judges interviewed by the Tribune said they respect Evans and have no reason to doubt him, although some questioned why he would go public with his story now.

Evans is perhaps best remembered for his 10 years at the helm of Hillsborough County's drug court, an alternative to jail or prison for people who might benefit from treatment for substance addiction. He retired from the bench in January 2003 and now runs a private mediation office.

``I'm confident there's not any sort of mass conspiracy'' involving all of Hillsborough County's judges, Evans said, ``and the vast majority of judges I hold in high esteem.''

But Evans does not feel that way about Alvarez and Bonanno, who he believes led a small clique of judges who ``held great sway over some of their colleagues.''

The Conversation

Evans launched a quiet campaign while on the bench to inform and educate new judges about the ways of the courthouse when they were elected or appointed. He took them to lunch or spoke to them in passing.

``I would tell them about that meeting with Dennis,'' Evans said. ``When he did it to me, I had no idea it was coming. At least they could have a heads-up.''

It was his way of trying to ``undermine their efforts to compromise new judges,'' he said.

Alvarez's alleged overture began with a telephone call, Evans said. Evans wasn't available and called Alvarez later. This time Alvarez wasn't available. Meanwhile, Evans kept the cases on his docket moving through court.

Later, Alvarez came to his office, Evans said.

``He said, `A friend of mine came in front of you today.' '' Evans recalled, after which Alvarez mentioned the person by name. ``I said, `Yeah, I hammered him pretty heavy.' He said, `Yeah, you sure did. That was the reason I was calling you, because he was a friend of mine.' ''

In that case, Evans said, it was just as well he and Alvarez hadn't spoken beforehand. If they had, Evans said, he would have recused himself and passed the case to another judge.

Alvarez assured him that he wouldn't have asked him to do anything wrong, Evans said. Then, he said, Alvarez made his pitch.

``He said, `Look, you're going to have people that are friends of yours come in front of me,' '' Evans said. `` `I'm going to have friends come in front of you. I would like to be comfortable calling you. If a friend of yours comes in front of me, I would like you to be comfortable calling me.' ''

That's when Alvarez said ``six, seven, eight'' other judges did this for one another, Evans said.

``I reached a clear conclusion,'' Evans said. ``I concluded that the reason there was a sharing of this friendship relationship was because there was an expectation it would be a factor in how the case would be handled.''

What sort of factor? ``That there would be some level of preferential treatment,'' Evans said.

Alvarez left when Evans told him he wasn't interested, Evans said.

``He smiled, said he understood and that was it,'' Evans said.

The Judges' Feud

Evans took the opportunity to tell new judges about other incidents, as well.

He said he talked about what he perceived as a questionable arrangement in the county's traffic court whereby defendants with attorneys could enter no contest pleas, have judgment withheld and be penalized court costs only. That allowed them to keep their records clean.

He talked about how his decision not to follow suit angered the attorneys, and about how Bonanno, also then a county judge, had once disposed in similar fashion of a number of cases assigned to Evans - without Evans' knowledge or approval.

Evans protested to Bonanno afterward, he said. Nothing was resolved. To the contrary, they began a long-running feud.

For example: Bonanno subsequently applied for a seat on the circuit court bench. Evans said the chairwoman of the Judicial Nominating Commission, a panel that recommends judicial candidates to the governor when vacancies occur, called him to ask whether a story she had heard about Bonanno disposing of Evans' cases was true. It was, Evans said, and the commission passed over Bonanno for the nomination.

Then things got really ugly.

Bonanno, aided by Alvarez, launched a smear campaign that angers Evans to this day, he said.

Evans was going through a divorce. A rumor began circulating about a document in Evans' divorce file in which he supposedly acknowledged being gay and having had a torrid affair. As if seeking added shock value, his partner was alleged to have been black.

A fellow judge, Susan Bucklew, who now sits on the federal bench, told him that she heard the rumor from Alvarez and Bonanno, Evans said. Bucklew did not respond to repeated requests for comment.

Although it wasn't true, the rumor spread quickly.

``I looked into bringing a slander action against them,'' Evans said.

Time has eased some of his concerns over discussing the incident publicly. But Evans still simmers at the mention of it.

``I considered it then, and still consider it, to be about as low class an act as a person can do,'' he said, visibly uncomfortable. ``It bothered me that circuit judges, whom many people would not think they would tell lies like this, were doing so. Especially when one was the chief judge.''

Other judges were distressed, too.

Simms was especially flabbergasted. He was the judge in Evans' divorce case.

``Whoever said it to me didn't go further because I was emphatic,'' he said. ``I had read the file.''

In addition to the Evans rumor, Behnke said that Alvarez, while chief judge, spread similar rumors about other members of the judiciary who weren't considered members of his inner circle. She declined to discuss details.

The Chance To Testify

Evans was finally asked to tell his side of the story publicly in late 2001.

Bonanno, who had since become a circuit judge, had become embroiled in a series of scandals beginning in mid- 2000. He was caught after- hours inside the locked offices of another judge, Gregory P. Holder, and was later accused of having had an affair with a court clerk.

A special grand jury launched an investigation. It found no basis for criminal charges, but in a scathing report said Bonanno should resign or be removed. The Judicial Qualifications Commission, the agency responsible for policing Florida's judges, recommended that Bonanno be reprimanded publicly for poor judgment.

Throughout, Bonanno refused to step aside. So a committee of the state House of Representatives began impeachment proceedings against him.

A legislative aide called Evans and asked him to testify. Evans said he would, if subpoenaed.

The morning Evans was to appear in late December 2001, Bonanno decided to resign. He left the bench less than a month later, in January 2002.

No one on the committee knew exactly what he had planned to say, Evans said. He skirted questions from reporters that day.

But first and foremost, Evans said, he planned to address the rumor, as well as how Bonanno once disposed of cases that had been assigned to Evans, plus anything else he was asked.

``Had I been asked the question, I would have told the truth,'' he said.

Reporter John W. Allman can be reached at (813) 259-7915. Reporter Michael Fechter can be reached at (813) 259-7621.

This story can be found at: http://news.tbo.com/news/MGA6R9XKQTD.html

 Informant Judge Complains Corruption Probe Abandoned

The Associated Press
Herald Tribune
December 4, 2003

 TAMPA, Fla. -- A Hillsborough Circuit Court judge who served as an FBI informant in an investigation of courthouse corruption complained the probe was abandoned and asked the U.S. Justice Department to step in, The Tampa Tribune reported Thursday.

Hillsborough Circuit Court Judge Gregory P. Holder complained 13 months ago the FBI had abandoned the investigation, the newspaper reported. The Justice Department began its inquiry into Holder's allegations in February and has since passed the case to the Justice Department's inspector general's office.

Meanwhile, a Tampa police detective working on the case corroborated Holder's concerns and tells a remarkable tale of the judge working as an informant and putting his life in danger to assist the FBI, the Tribune reported. The judge was so concerned for his family's safety he began carrying a gun, Detective James W. Bartoszak said in an affidavit. "I was just concerned about the safety of my family more than myself," Holder told the Tribune. "I was warned about that by FBI agents so I warned my family and carried a weapon."

Hillsborough County's courthouse has been rocked by allegations of case-fixing, bribery, prostitution, loan-sharking and illegal gambling. A special grand jury seated several years ago issued no indictment but wrote a scathing report on the courthouse shenanigans, and former Chief Judge Dennis Alvarez resigned under pressure from state judicial watchdogs. Holder is now the subject of a Judicial Qualifications Commission investigation that he plagiarized a paper he wrote as an officer in the Air Force Reserves. Holder denies the plagiarism charge and said the document given to investigators was fabricated to frame him in retaliation. He is to face a JQC trial on that charge in January.

The Tribune obtained Bartoszak's affidavit from the JQC through a public records request. The detective said in the affidavit investigators approached Holder for help because they were confident he was clean and Holder proved to be a good source. Bartoszak's affidavit does not name targets or provide any other details of the corruption investigation. But it says the probe "was halted and the investigation team was dismantled for reasons that were not made clear to me or any other member of the team" in 2002.

Moses Jordan, chief of investigations for the Tampa office of the Florida Department of Law Enforcement, said Wednesday that the corruption investigation is still open and is being worked actively by FBI and FDLE agents. The FBI declined to comment, citing a pending investigation. Alvarez, who left office under pressure from the JQC in 2001, said Wednesday that he had no knowledge of an investigation into judicial corruption under his watch, and he dismissed Bartoszak's claim as "fantasyland."

                        38 to Testify for Judge Holder

By Cassio Furtado
Tampa Tribune - Florida
September 16, 2003

TAMPA - Attorneys for Circuit Judge Gregory Holder, accused of plagiarizing a paper he submitted to the Air Force in 1998, on Monday released a list of 38 witnesses they will call to testify at a hearing to decide whether Holder should be suspended pending an investigation.

Among them is Tampa FBI Special Agent Kelly Thomas, who was a leading investigator in the ongoing federal probe of Hillsborough County Courthouse scandals.

David Weinstein, one of Holder's attorneys, said the witnesses will show that Holder ``has been and continues to be a hard-working and fair judge, who clearly should remain on the bench.''

In July, the Judicial Qualifications Commission accused Holder, 49, of plagiarizing about half of his 21-page report on the Allied bombing of Europe during World War II.

The commission alleges much of the report was copied from Col. E. David Hoard's version written two years before Holder's. But Holder says the plagiarized report is not the one he submitted to the Air War College as part of a process to be promoted to colonel.

The witness list for the Nov. 14 hearing at the Airport Marriott Hotel also includes several judges, Tampa area lawyers such as multimillionaire Steve Yerrid, Air Force officials and Holder's former secretary, Lorraine Nasco, who says she typed Holder's original paper in late 1997.

Attorneys John Vento and James Russick and Air Force Lt. Col. William O. Howe Jr., who recently filed affidavits saying Holder didn't plagiarize his paper, will be called.

A Hillsborough County judge since 1994, Holder has been a whistleblower in past court scandals. He assisted in a sexual harassment investigation against Judge Edward Ward and demanded that Judge Robert Bonanno be investigated for entering Holder's chambers after hours without permission. Both judges resigned.

To see full story on Judge Holder on this Website click here.

Ousted Lawyer Wants the Judge Removed
Judge Gregory Holder Knocked Attorney Arnold Levine Off
 a Plum Case Now Levine Wants Holder Recused
 

By Jeff Testerman,
Times Staff Writer
St. Petersburg Times
September 4, 2003

TAMPA - Two weeks ago, Circuit Judge Gregory P. Holder threw prominent attorney Arnold Levine off a civil case involving the Tampa Bay Lightning and former team owner Art Williams.

The judge ruled Levine acted improperly when he stepped into an empty courtroom and viewed documents involving another Lightning case that had gone to trial.

Now, Levine has fired back.

Relying on transcripts from a grand jury investigation into the Hillsborough County judiciary, Levine's attorney, David Maney, says Holder should be disqualified from trying the Williams lawsuit because of the judge's relationship with his bailiff, Sylvia Morgan.

Judge Holder never revealed his close relationship with Morgan, Maney claims in papers filed this week, yet gave great weight to her testimony about Levine's actions in the empty courtroom, even though what she said was "diametrically opposed" to Levine's explanation.

Williams and his company now maintain they cannot receive a fair trial in Holder's court. Maney's motion to remove Holder stems from a tip he says he got from an anonymous male caller on Aug. 22, two days after Holder had removed Levine. The tipster said "a close personal relationship" existed between Holder and Morgan, and suggested Maney and Levine read the grand jury transcripts of the investigation into former Hillsborough Circuit Judge Robert Bonanno.

The two lawyers did just that, downloading six volumes of transcripts from the Florida Judicial Qualifications Commission's Web site.

They found testimony concerning bailiff Sylvia Morgan - known then as Sylvia Gay - entering Holder's darkened chambers on July 27, 2000, and unexpectedly encountering Bonanno lurking there. Morgan didn't buy Bonanno's explanation, that he wanted to discuss courthouse politics with Holder, who was no friend of his and was away on U.S. Air Force Reserve duty. She reported the incident to Holder.

Holder, characterizing Bonanno's motives as "nefarious," demanded an investigation. Bonanno resigned months later, as the Florida House Judicial Oversight Committee was preparing to launch impeachment proceedings against him.

In grand jury testimony about the incident, former Chief Hillsborough Circuit Judge Dennis Alvarez said, "Sylvia and Holder are very, very close. In fact he considers her family; very close."

Other testimony revealed that Holder helped his bailiff prepare a memo about the Bonanno incident, that she was named Bailiff of the Year in 2000 after being nominated by Holder, that she kept personal items such as her lunch and magazines in Holder's break room, and that she frequently had lunch with Holder in his break room.

In his motion to disqualify Holder, Maney complains that the judge refused at an Aug. 20 hearing to allow Levine to take the stand to rebut the sworn deposition of Morgan.

Levine has said he looked at only "public records" on the Lightning defense table when he entered an empty courtroom prior to resumption of a tax trial in June. And he insists he had no words with Morgan when she came in through a side door.

According to her deposition, Morgan said Levine was lying.

She says she told Levine "to get away from that stuff," whereupon he replied, "I am an attorney. I know what I can do and what I cannot do."

Morgan said she replied, "I am a bailiff and I know exactly what I can do," before writing a report on his actions around the Lightning's legal papers.

Based partly on Morgan's testimony, Holder ruled last month that Levine's conduct amounted to an "absolute appearance of impropriety," that mandated banishment from the Williams case.

Williams, through the entity ALW Sports, claims he did not receive appropriate broadcast revenue when he sold the Lightning, nor was he responsible for some property taxes at the downtown arena then known as the Ice Palace.

The Lightning's new owners claim in the suit that Williams improperly depleted the team's bank account and reduced arena staff at the time of the sale.

After Levine was discovered by Morgan, Lightning attorneys asserted Levine sought to gain unfair and unethical competitive advantage by secretly peering at confidential Lightning records being used in the hockey team's tax lawsuit against Hillsborough Property Appraiser Rob Turner.

In that case, the Lightning won a reduction in the assessment of the arena, now known as the St. Pete Times Forum, from $110-million to $25.5-million.

Holder's removal of Levine was a severe blow to Williams' defense team. Maney told Holder last month that Levine, whose billings had already reached $510,000 in the case, was "utterably irreplaceable."

Like The Inquisition?
Letters to the Editor
By David Hubbard - Tampa
Published: Jan 15, 2002 – Tampa Tribune

Florida's Judicial Qualification Commission operates like the Spanish Inquisition, independent of any checks and hidden from public view. It has cooked up charges against Judge Gregory Holder, a judge we are assured has integrity and is impartial. The charges are absurd and reveal the failure of the JQC. Holder is a good judge and is gagged by archaic secrecy rules for the JQC to hide behind. Others' years of misconduct have gone undetected, but meticulous examination of Holder's truthful application brings the JQC running. Judicial governance must come out of the dark ages. Sunshine laws must apply.

JQC In The `Sunshine'
Letter to the Editor
By Debbie Ressler - Tampa
Published Jan 15, 2002 – Tampa Tribune

``Florida in the sunshine'' is a phrase that is often used to ensure that governmental activities are open to the citizens of our state. Elected officials can no longer hide behind the door of secrecy. Judge Greg Holder has relinquished his right to privacy with the JQC investigations. Florida in the sunshine is not a feared phenomenon to Holder. One has to wonder if the JQC is fearful of the openness of records. All judges who are elected by the populace should be more than happy to have all investigations open to the public. The judiciary serves the citizens, and the citizens have the right to know exactly what is occurring in the investigations. Allow Judge Greg Holder to serve as an example of honesty, openness and service.

                         Bonanno's Calculated Dodge

A Times Editorial
 St. Petersburg Times
Published December 28, 2001

Hillsborough County Circuit Judge Robert Bonanno could have saved taxpayers a lot of money and the judiciary a lot of grief had he resigned before Thursday over what clearly were unethical acts that ruined his credibility as a judge and public servant. By clinging to the privileges of power so long, Bonanno brought additional disgrace to the judiciary by revealing the weaknesses of Florida's system for holding unfit judges accountable.

Bonanno is the latest embarrassment to depart the Hillsborough judiciary, and his ouster should help the new chief judge, Manuel Menendez Jr., to build a courthouse culture based on candor and integrity. For all his bluster, Bonanno in the end wasn't willing to stand and explain his alleged affair with a courthouse clerk or why he was caught alone in a fellow judge's darkened office. There were other questions about his professional and personal life that were to be raised Thursday as impeachment hearings got under way in Tampa. Many had also hoped the hearings would reveal more about how then-chief Judge Dennis Alvarez handled a string of courthouse scandals.

Even though Bonanno is gone, the people of Hillsborough still deserve answers to many questions about a man who spent two decades on the bench. For all the promises he and his lawyer made, Bonanno still hasn't given the public his side to stories about the case sealings, the land deal, the girlfriend.

Bonanno's resignation is an embarrassing blow to the Judicial Qualifications Commission, which recommended to the state Supreme Court that Bonanno be allowed to remain on the bench. Indeed, it was the JQC's failure that prompted state lawmakers to begin impeachment proceedings. It would be a disappointing footnote for the record if Bonanno could spin his resignation as a reaction to the political process of impeachment, rather than, as it was, a calculated dodge to avoid professional punishment by his peers. For that reason, it is important for the JQC to finish its work.

However welcome the outcome, state Rep. Larry Crow, R-Dunedin, chairman of the House Judicial Oversight Committee, jumped the gun by starting the impeachment process before the state Supreme Court completed its own disciplinary process against Bonanno. If lawmakers are serious about improving the process for policing judges, they should give the JQC an adequate budget and determine whether the secrecy clause governing investigations protects bad judges more than it does the wrongly accused. In Bonanno's case and others, the record has never been made fully public because judges are allowed to time their resignations in a way that keeps their dirty laundry concealed.

Thursday represented incremental progress, but the best protection against future Bonannos is a more open process that rewards candor and integrity, not the cleverness to play the system.

                       Watch how JQC handles Holder

Times Editorial
St. Petersburg Times
December 20, 2001

Like him or not, Hillsborough Circuit Judge Greg Holder has helped to bring about positive change at the county courthouse. The local judiciary is more diverse, more open, more professional and more accountable because Holder alone among 48 judges had the courage to speak out against the good ol' boy system that has long been the fabric of Tampa politics. Now Holder is the subject of a conduct complaint -- thin gruel, by the look of documents and interviews released thus far. How the Judicial Qualifications Commission handles the matter will reflect on that agency's own judgment and candor.

We are in no position to judge at this stage whether Holder violated judicial ethics. The JQC is trying to determine whether Holder misled a federal judicial nominating panel by declaring at the time that he was unaware of any professional complaints filed against him. Holder had met on two occasions with the JQC chairman, who admonished him for speaking to reporters. Several attorney-members of the nominating commission said they did not believe that Holder misled them. They also said they doubted that the facts amounted to a material change or would have played a role in determining whether Holder was nominated. It will be up to the JQC to make a convincing case that a meeting between judicial colleagues somehow equates with a formal disciplinary process.

Holder has welcomed an airing of the facts, and we'll leave his defense to him. But the episode raises troubling questions about the process and whether judges who blow the whistle face retaliation. On what pretext for example, did a JQC representative meet with Holder? The disciplinary process exists to establish a public record and to prevent a small circle of judges from refereeing ethical and political disputes. If the JQC meeting with Holder was intended to keep him quiet, what confidence can the public have in the agency's ability to handle judges who are genuine problems?

The JQC has at least as many questions to answer. If it is firing a shot over Holder's bow to keep other judges from voicing dissent, then the whole concept behind the JQC -- that the judiciary can be trusted to self-police -- will lose its moral authority.

Holder has his detractors -- they call him a showboat -- but it would be derelict to disregard the political and personal risks he took to right a justice system terribly off-track. Don't forget what the community learned about Judge Ward, Judge Ficarrotta, Judge Bonanno. If the JQC has a case against Holder, it should pursue it without reserve for the contribution he's made. What we may see instead is another example of the old boys at work.