Public defender accuses prosecutor of felony

Public defender says state attorney's office broke law in James Rhodes case

JACKSONVILLE, Fla. – A lawyer in the public defender's office has accused the state attorney's office of misconduct in the case of James Rhodes, the man accused of gunning down a Metro PCS clerk in 2013.

Assistant Public Defender Debra Billard sent a letter to the state attorney's office after a recent pretrial hearing in the case, accusing prosecutors of committing a felony by showing surveillance video of 20-year-old Shelby Farah's shooting death to her brother, Caleb Farah.

DOCUMENT: Public defender's letter to SAO

Shelby's mother, Darlene Farah, testified at the hearing that she agreed with the defense's claim that the state attorney's office showed the surveillance footage to her son to influence him to support the death penalty against Rhodes.

But Caleb Farah testified that no one made him watch the video. He said he was encouraged not to watch it, but he insisted.

Billard asserted in her letter to prosecutors that regardless of whether Caleb Farah wanted to watch the video or not, the state attorney's office should not have allowed him to do so.

Billard said that because the video shows the killing of a person, Florida law states that only a surviving parent has authority to view the video if there is no surviving spouse and no written designation from the parent authorizing anyone else to view it.

Because Darlene Farah did not give written permission for Caleb to view the video, allowing him to see it violated the confidentiality of the video, Billard said.

According to Florida law, that's a felony, Billard said.

“Frankly, I am disturbed to think that you would have considered violating a clearly written Florida Statute and, as a result, attempted to justify your desire to have Mr. Rhodes killed by citing the opinions of Caleb Farah,” Billard wrote. “I can think of no blow more foul than violating not only Florida law, but also the memory of Shelby Farah.”

Billard said the public defender's office is still considering how to handle the issue, but she wanted to address her concerns to the state attorney's office directly.

"I think it is important to let them know that we know what kind of tactics are being used, and we think that it is not fair, not fair to Shelby's family, and it is frankly, if it is true, it is in violation of Florida law," head public defener Matt Shirk said. "If what is alleged is happening, there is a Florida statute that makes that a third-degree felony. I think others would agree with us. We find it very concerning."

The SAO issued a statement Thursday saying Assistant State Attorney Bernie de la Rionda received the letter late Wednesday afternoon and was in the process of filing a formal response to the letter. 

"Further comment will be made in the appropriate venue -- the courtroom," the statement said.

Shirk said his office just wants to see the case resolved for their client and for Darlene Farah.

"This case is tearing her apart every day," Shirk said of Farah. "Justice would be served if this case would be resolved in a plea agreement."

Darlene Farah said she was disappointed the public defender's office didn't tell her about sending the letter to the SAO.

"It's gotten out of hand," she said.

Rhodes' trial, which was set to begin May 2, has been pushed back because of new state legislation on the death penalty.

Salvador set Aug. 29 as the date for jury selection in the trial. The final pretrial date will be Aug. 22.

Earlier this month, Gov. Rick Scott signed into law a measure designed to fix the state's death penalty sentencing process after it was found unconstitutional by the U.S. Supreme Court.

The new law, which went into effect immediately, would require at least 10 jurors to recommend death for the penalty to be imposed.

Darlene Farah wrote an opinion piece for Time magazine on the death penalty, titled “My Daughter's Killer Should Not Get the Death Penalty.”

Cellphone store clerk killed in robbery

Rhodes is charged with first-degree murder in the killing of Shelby Farah during a robbery of a Brentwood cellphone store.

Police said that after several hours of questioning, Rhodes confessed.

Police said Farah was found dead after officers responded to a report of an armed robbery at the store on Main Street near 21st Street.

Police said Rhodes pointed a gun at the 20-year-old and demanded money. They said she cooperated and after she handed him the last bit of money, he fired four rounds, killing her.


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