Senator Siplin Cleared of Felony Charges

As reported by the St. Petersburg Times and Orlando Sentinel’s political blogs reprinted below, the Fifth District Court of Appeal this morning cleared State Senator Gary Siplin (D-Orlando), of his grand theft conviction for using state employees on a re-election campaign. 

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From The St. Petersburg Times “The Buzz” political blog

Gary Siplin acquitted on appeal

Sen. Gary Siplin, an Orlando Democrat, won a reversal Friday of his felony conviction on grand theft charges. The case stemmed from the use of state workers on his 2004 re-election campaign.

The Fifth District Court of Appeal concluded that the state’s evidence in the case, which hinged largely on the testimony of former aide Naomi Cooper, was not strong enough. The court also remanded the case to Orange County Circuit Court with instructions that Siplin may be re-tried on a misdemeanor count of using the services of a state employee for political purposes during working hours.

Siplin, a 53-year-old lawyer, has been in the Legislature since 2000. His case was controversial because the Republican Senate leadership refused to suspend or remove him from office after his felony conviction — in large part because of concerns that Siplin would win his case on appeal.

Posted by Steve Bousquet at 11:14:55 AM on December 28, 2007 in Democrats, Florida

 

From The Orlando Sentinel “Central Florida Political Pulse” political blog

Sen. Siplin conviction reversed 

An appeals court Friday cleared state Sen. Gary Siplin, D-Orlando, of his grand theft conviction for using state employees on his re-election campaign.

The lawmaker was convicted last year on one felony theft charge for allowing a state employee from his office work for his 2004 campaign while still drawing her state salary. But the 5th District Court of Appeal said in an opinion released today that the state couldn’t prove Siplin was aware the employee, Naomi Cooper, who had originally taken leave to work on the campaign, was still being paid by taxpayers.

Prosecutors had argued Siplin knew Cooper was working for his re-electon on state time becase he signed a document granting leave for her to work on the campaign. But the three-judge panel wrote that evidence was circumstantial, and although “a strong case could be made that Mr. Siplin should have carefully studied the form that he signed … a criminal conviction for theft cannot stand based upon negligence in handling office paperwork or procedures.”

The court also reversed and remanded a lesser charge of using two other employees on his campaign because of faulty jury instruction. Siplin’s office said he planned a press conference later today.

Siplin, 53, an Orlando lawyer, was first elected to the House in 2000 and joined the Senate two years later. He is currently the vice-chairman of the PreK-12 Education Appropriations and Health Regulation committees.

Senate rules allow a lawmaker convicted of a felony to be automatically ejected from the chamber, but the Senate’s chief lawyer determined last year that case law allowed Siplin to keep his seat in the Legislature until he had exhausted his appeals.

posted by Aaron Deslatte on Dec 28, 2007 10:48:31 AM