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Sheriff, State Attorney Feud Over Prosecution

POSTED: Tuesday, July 22, 2008

It's no secret that there has been tension between the Jacksonville Sheriff's Office and the State Attorney's Office, the heat seems to be turned up this week as each points the finger at the other on why there are so many criminals on the street.

"Folks, the bad guys are out there running these streets," Sheriff John Rutherford said Monday afternoon during a news conference with Mayor John Peyton. "We have to have aggressive prosecution. These suspects have to learn that there are consequences to their actions."

Rutherford and other senior members of JSO have criticized State Attorney Harry Shorstein for dropping too many cases or entering too many plea deals.

Tuesday morning, Shorstein sent a letter to the media pointing to a 100 percent conviction rate in the 20 murder cases his office has tried this year.

"We're prosecuting more and more, convicting at the highest rate ever convicted," Shorstein said. "(We) lead the state in prosecution of career criminals."

Shorstein also said Duval County sends more people to prison per capita than any other county in Florida.

"I don't know what more we can do with the budget constraints we have," Shorstein said.

FOP President Nelson Cuba jumped into the fray this week, criticizing Shorstein for having an "unaggressive corporate culture under your leadership."

Cuba specifically criticized Shorstein for allowing 24-year-old Vernon Pandy to plead guilty to misdemeanor carrying a concealed firearm, even though it was his second arrest for felony carrying a concealed firearm.

Vernon Pandy
Jacksonville Sheriff's Office booking photo of Vernon Pandy
Court records show Pandy was arrested for felony carrying a concealed firearm in 2005, but the charge was dropped.

In the letter to Shorstein, Cuba said the deal was cut after "Tony Boselli intervened in some fashion on behalf of the defendant." Cuba complained the agreement was made without consulting the arresting officer.

"You often criticize officers for using lethal force to defend themselves against assailants carrying illegal guns, yet your office reduces the charges in a good case, possibly to accommodate a local personality," Cuba wrote.

Shorstein acknowledges the deal was cut after Boselli spoke up for Pandy, saying he has put his life together. Shorstein said that kind of input is routinely considered in prosecution decisions.

"My policy for 17½ years, if any responsible citizen calls law enforcement, media or otherwise and asks for my personal review of a case, I'll do it," Shorstein told Channel 4's Dan Leveton.

Following Shorstein's letter, the sheriff responded stating, "I am very pleased with the work of the two prosecutors dedicated to Operation Safe Streets. They are doing a fantastic job."

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