Winton pleads guilty
Ex Commissioner Johnny Winton pleaded guilty to a couple of misdemeanor charges today. He expects to be returned to the City Commission by Gov. Charlie Crist. That remains to be seen since the felonies were reduced to misdemeanors and this does clear the way for his return.He wants to make a fresh start. He says he has not had a drink since that fateful night at the airport. He got two years probation and has to go through an anger management program and made restitution to one of the officers -- about $3000.00 I believe.
He has taken full blame and is not blaming the alcohol or the officers, but does plan to give up booze for good.
Back story here.
posted by Tom Falco at 10:04 AM
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39 Comments:
Well, that's a nice change. Someone taking full responsibility. Second chances are always a good thing.
Commissioner Sarnoff will not be replaced by Winton. Sarnoff has stated that it is his understanding that for Winton to return to his commission seat he would have had to have filed for the campaign and ran in the November 2006 election. Having not done so he is no longer able to come back.
Go Johnny Go! We cannot wait for you to come back. This Sarnoff guy has botched every single important District 2 issue that has come up since he has been in office. Didn't I tell you he would do that? We can afford anymore Sarnoff debacles. Now you see how much we need you Johnny. Welcome Back!
Now we can look forward to legitimate representation for district 2. I admire Johnny for taking responsibility for his actions - something Sarnoff has never done. Thank god the good 'ol boy network in Miami lives on! Welcome back Johnny!
We certainly know on whom the big developers will be showering their cash. And who "let's buy investment property together and you vote me a big raise" Manny Diaz will be backing...
--John S.
Ding Dong, the Dork is Dead......
Brent:
If you've gotten your information from Sarnoff, then you should know it's definitely not accurate.
Gov. Charlie Crist does in fact have the power to reinstate Winton. Winton could not have run in the 2006 election since he was suspended from office – not terminated or impeached.
The special election was held only because a pro-tem (i.e. temporary) commissioner was needed to fill the seat until Johnny went to court.
Sarnoff was the only one to challenge the temporary appointment of Haskins, thus forcing the city to hold a special election.
Nobody actually wants him to hold the position permanently. Look at what a fool he has made of himself and of the citizens of District 2!
Johnny's return is a reason to celebrate!
Go Johnny Go!!!!
Welcome back Johnny. Good-Bye Sarnoff, and don't let the doors of city hall hit you in the ass on your way out.
Sorry if we did not appreciate you before Johnny. Rest assure that we will now. Welcome back and congratulations on your recovery. You have our respect.
The 2006 Florida Statutes
112.51 Municipal officers; suspension; removal from office.-- (6) If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension
Dear All:
Let's see what happens with the Diaz, Arriola & Winton investigation on the Winton side.
He still has more hurdles.
Also, he pleaded GUILTY and his felony charges were reduced to misdemeanor. He was not cleared, but given two years probation.
Hello...anyone out there?
Anyone remember Johnny Winton pulling a "pocket item" to give Manny Diaz a $51,000 per year raise? It turns out Winton had just gone into business with Diaz and Arriola. And Diaz had mortgage payments to make. Why couldn't the motion to give Manny Diaz a raise have been put on the publically noticed agenda? Winton has been nothing but an embarrassment to Miami.
He was a great commisioner! Get over it!
Sarnoff won two elections in November 2006. (A general election and a run-off election.) Sarnoff won with 300% more votes than Winton ever received in either of his two campaigns.
Are you kidding me? Nobody voted in that special election but Sarnoffs brigade of elderly widows. Who by the way need to back to playing bridge. Have you seen them following him around? It's rather sad.
The 2006 Florida Statute-
112.46 "......However, nothing in this part shall prohibit or preclude any officer claiming title to any office from seeking a judicial determination of his or her right to such office, regardless of the issuance or nonissuance of a commission to such office."
Apparently he can come back....
So long Sarnoff!
I think he needs to go before the Florida Senate for a hearing before he can be reinstated. Given Sarnoff's poor public relations track record and his inability to "get along" with his political constituents, I'd say that Winton can start planning his coming back party.
The 2006 Florida Statute-
112.47 Hearing before Senate select committee; notice.--The Senate shall afford each suspended official a hearing before a select committee or special magistrate, and shall notify such suspended official of the time and place of the hearing sufficiently in advance thereof to afford such official an opportunity fully and adequately to prepare such defenses as the official may be advised are necessary and proper, and all such defenses may be presented by the official or by the official's attorney. In the furtherance of this provision the Senate shall adopt sufficient procedural rules to afford due process both to the Governor in the presentation of his or her evidence and to the suspended official, but in the absence of such adoption, this section shall afford a full and complete hearing, public in nature, as required by the State Constitution. However, nothing in this part shall prevent either the select committee or the Senate from conducting portions of the hearing in executive session if the Senate rules so provide.
I really do not think that because of Winton’s conviction the Governor is legally required to permanently suspend him. As you can see there are many loop holes in the Florida Statute. It says that he "MAY" be removed not "SHALL" be removed.... See below-
112.52 Removal of a public official when a method is not otherwise provided.--
(3) If convicted, the public official MAY be removed from office by executive order of the Governor. For the purpose of this section, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding the suspension of sentence or the withholding of adjudication.
112.52 Removal of a public official when a method is not otherwise provided.--
1) When a method for removal from office is not otherwise provided by the State Constitution or by law, the Governor may by executive order suspend from office an elected or appointed public official, by whatever title known, who is indicted or informed against for commission of any felony, or for any misdemeanor arising directly out of his or her official conduct or duties, and may fill the office by appointment for the period of suspension, not to extend beyond the term.
So long Sarnoff.
Welcome back Johnny!
Welcome back Johnny? More drunken rants? More sleazy votes giving money to Manny Diaz, his real estate partner? More insults to constituents wanted to speak at commission meetings? More lack of attention to pothole and quality of life issues. More open door policy to every sleazy lobbyist promoters? The blood suckers must be happy.
Remember Winton came to City Hall and spoke in favor of the Mercy project because he said traffic is a problem in Bay Heights and he wanted his kid to be able to safely play in the street. What color was his shirt that day? When the cameras scanned the Chamber, he was sitting comfortably between Jorge Perez and the Mercy Hospital President. Where was Seth Gordon? Want to take a guess what his vote would have been that day if he were sitting on the Commission?
Okay, so if not Johnny then who? And don't give me any wacko Sarnoff b.s. Give me the name of a legitimate candidate that we can really get behind...
ABS - Anybody But Sarnoff...
If our beloved President has taught us anything, it's that reformed alcoholics are perfectly capable of holding office and winning the trust of the people. You go Johnny.
If not Johnny, how about all the "Anonymous" bloggers step up to the plate!
Ask any Irishman
Why God created Liquor. To keep the Irish
from ruling the world.
Mayor Diaz & Former Commissioner Winton
It’s Good To Be Special
Just imagine that a CEO of a Fortune 500 company partnered with a subordinate to invest in a real-estate deal and then recived a recommendation from that very same subordinate to increase the CEO’s salary by a significant amount, which also happened to increase his life time retirement pension.
So the Board of Directors discovers this seemingly unholy alliance and says this does not look Kosher so let’s send it to legal and have the ethics expert look over the improprieties.
The ethics expert says it is not a felony but does smell a little funny like last holidays Cafiltafish.
So the CEO is just fined $250 about the price of a speeding ticket in a school zone.
Now let’s imagine that the very same subordinate of that CEO gets into an alcohol induced altercation with one of Miami’s Finest that is serving and protecting us at the Miami International Airport.
The altercation concludes with a well placed kick to the crotch region of the police officer and an arrest is made.
Months pass by as a result of continuances and the case is finally heard by a judge.
He pleads no contest to a misdemeanor battery and disorderly intoxication charges to receive two years' probation. The ruling is to pay $2,011 in restitution for the injured officer’s medical expenses and has to perform 100 hours of community service. He also must successfully complete an anger-management course, not consume alcohol during his probation, and pay restitution and court costs totaling $2,289. This comes out to a nice neat grand total of out of pocket expenses of $4,300 not included attorney’s fees.
And the beautiful part of this deal is that he may even have an opportunity to get his old job back and qualify for a life time pension.
What a great deal!
Could you get a deal like this if you were in either of these positions?
Do some folks receive better justice then others?
To paraphrase Mel Brooks “It’s Good To Be Special.”
You may tell Governor Charlie Crist just how you feel by contacting his office at: http://www.flgov.com/contact_form
Harry Emilio Gottlieb
Coconut Grove
In response to above email on Winton's appearance for Mercy, it is interesting because he told the No Home Depot people - forget about traffic, I don't want to hear it, it is a fact of life, learn to live with it!
What many people do not remember is that Marc Sarnoff won two elections in November 2006. Marc won 4,387 votes in the general election and then he received 3,524 votes in the run-off.
Johnny Winton last ran in November 2003. He won receiving 2,268 votes. If Winton had run in the November 2006 race Winton would have finished a very distant third. In fact, Winton would not have been even close to making the run-off.
Sarnoff should stay.
None of that matters. Sarnoff ran to fill the remaining term of Johnny Winton. This term is still Winton's term first. If the governor reinstates him, it is his seat, having been elected to a four-year term in November 2003. Get over it - that is the state law.
Winton was accused of a felony. Winton was never found innocent of the charges. Winton used incredibly well connected and expensive attorneys to "game" the system. Imagine if someone from Overtown was accused of the same crimes...? How many years would that person have received? Is Winton with his 2,000 2003 voters really what Miami wants? Why shouldn't we respect the 5,000+ who voted for Sarnoff in 2006?
Winton was "suspended" from office...not removed. The statute makes it clear that a suspension is a temporary circumstance subject to further action. The voters in the special election should be respected for their efforts to select an interim commissioner to serve until (1) Winton was convicted of the charges that prompted the suspension OR (2) the conclusion of the term to which Winton was elected (November 2007). The fact that Winton (1) was NOT convicted of any of the charges leading to his suspension and (2) he was elected to a term ending in November 2007 REQUIRES that he be reinstated to the office to which he was elected.
Not so fast. Winton was not found innocent. He was accused of very serious crimes. And should not a City of Miami Commissioner be held to a higher standard? Does Miami really enjoy having a commissioner who brings such dishonor to us all? Remember the photos of Winton with his bloodied bandaged face that went out nationally?
Does Miami really want someone who is such an embarrassment to the City and to himself? Seriously, Winton only got 2,200 votes in his last election in 2003. Sarnoff received 5,000 +/- votes in 2006.
Seems an easy decision.
If "who got the most votes" mattered all that much we'd be nearing the end of Al Gore's presidency.
Proves the point.
Bush is generally considered to be the worst President in the nation's history.
Sarnoff out polled Winton 2 to 1, let's stick with Sarnoff.
If Winton is reinstated, he would be useless as a Commissioner. He has already stated that he is not interested in politics, and even so, he would be unable to win in the upcoming November election, against Sarnoff or any other challenger with this plea bargain around his neck.
Therefore, he would either waste everyone's time doing nothing, or he would immediately resign, thereby collecting a significant pension from the city. If this does happen, there would need to be a special election (again) to fill the void until November, where the election will finally decide something. I'm just saying that reinstating Winton is a politically dangerous proposition, and is therefore highly unlikely.
By the way, why does everyone seem to hate Sarnoff so much? He always seemed like a nice enough guy and his opposition to Mayor Diaz and The Related Group/Jorge Perez seems much needed right now.
Its been refreshing to have a commissioner who actually made City Staff answer questions and be responsible for those answers if they are wrong or just palin false. I donlt always agree with him but he is a breath of fresh air in the charnel house we call City Hall.
Winton (and Diaz) made another deep dark of the night deal to plead quilty to reduced charges after assaulting two police officers and trying to use his office illegally- kind of like their secret investment deals- and now they want to put this drunken embarassment back into office as a City Commissioner?
Guess that's ok if we really want to be known as the top Banana Republic or just the place where corruption is displayed at its finest -
Let Winon go where he really needs to be - to the nearest real rehab facility. He's a very personalbe guy who everyone likes but no one can make enough excuses for- if he can really dry him out for good he should run again in the next election - not be reinstated to become a bigger "Yes Man" for others.
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