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Florida Attorney General‟s Office Roger G. Jolley

Bill McCollum Attorney General 82 Kings Ferry Way
Capitol, Tallahassee, 32399 St. Augustine, FL 32084

May 6, 2010
Dear Sir,

I only recently came across your Advisory Legal Opinion number AGO 2009-29 dated June 15,
2009, (attached-1), saying essentially a City or County has no authority to create a State
Misdemeanor criminal offense and is prohibited from doing so, and I feel compelled to write you
about my situation here in St. Augustine.

At the end of the third paragraph of your summary you state,”…Thus, precluding the application
of a Misdemeanor charge to a violation of any Municipal or County Ordinance (e.s.).”

Our Misdemeanor city ordinance is contrary to your attached opinion and has become the
cornerstone of a conspiracy to interfere with Rights, free-speech in particular, to use the color of
law to do so, to deny due-process of law to an entire class of citizens, and to obstruct justice to
accomplish their criminal purpose.

We need your immediate intervention, this is an emergency. I would urge you to intervene as
quickly as possible. I am also sending this same letter to the U.S. Attorney General. I fear this is
a criminal matter that comes under your jurisdiction.

Unfortunately for me, the City of St. Augustine created this „punishment‟ code (attached-2)
enacted and enforced in 1984 which is contrary to your Opinion (attached-1) published June
2009. The City Attorney who wrote it and the commissioners who voted to enact it knew it was
not legal to enforce it, that it was an abuse of due-process. The city and State Court system is
using it for a nefarious purpose.

They attached it to a Street performer Occupation license (attached-3) as punishment in case of

„continuing violations‟ but police decision-makers never allowed officers to cite or arrest under
this ordinance, so the punishment code never was brought to the attention of a judge over the 16-
17 years this ordinance was on the books.

I was threatened with arrest for no occupation license and the ordinance was used to intimidate a
specific class of US citizen, deemed beyond the laws protection. The punishment ordinance was
not tested in court until my 1995 case, which was overturned on appeal in 1996 but the Court left
the punishment clause of the ordinance alone at the time.

A more restrictive Street Performer ordinance was written at the same time (1984) by the city
attorney but it sat idle until 1995 when the city Manager directed the City attorney to dust it off
and bring it up to date and present it to the City Commission for passage in 1995 (attached-5).

I was the first test case of the street performer ban (attached-6) but no judge ever noticed the city
had usurped the legislature‟s powers and created a Misdemeanor (attached-7 1996 ruling).
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The act of a city policeman writing a civil citation automatically results in a criminal record for
the target of this criminal conspiracy, before one ever goes before a judge, and the Misdemeanor
arrest remains on your record even if the Judge dismisses the charges outright. The State
Attorneys and Judges, over 24 years have gone along with the gag and used Misdemeanor
process for civil cases, up to today‟s date this is the common practice.

This „extra-legal‟ punishment, an automatic criminal record obtained with an end-run around the
Due-Process protection of the US and Florida Constitutions‟ has been used to punish anyone
who dares challenge the city over first amendment rights (their stated intent-see city commission
meeting minutes) and I was additionally punished with a mid-night arrest for a secret 6-week old
Misdemeanor arrest warrant (attached-8)…for violating city ordinance 2000-03.

I presented an argument similar to your AGO 2009-29 in my 2001 motion to dismiss those
charges (attached-9) and the Judge ignored my argument. I was convicted (attached-11), then
denied my appointed attorney on the basis the original charge was not a Misdemeanor so it was
not a requirement to appoint one for me, for the purpose of my appeal.

This policy, to use the city police as a strong-arm punishment for downtown commercial
landlords (attached-15, deposition) to crowd out first amendment activity within sight of the
commissioners own restaurants, shops and offices seems to be directed by someone other than
the three city managers, and dozens of officials elected as city commissioners.

We know this because this corrupted city policy has survived unchanged for 24 years despite 3
different city managers and 12 different elected city commissions, three State Attorneys and
several different Judges Federal and State.

The city policy insists commerce and free-speech must share the forum half and half, and uses
unlicensed commercial vendors to crowd out those who have already won case after case, the
courts consistently ruling that artists and performers practice to quote Judge Watson, “non-
commercial speech” that is “fully protected” under the first amendment and have a right of
access to the forum where tourist are available.

Make no mistake; they convict themselves with their own actions and their own words which are
all over the city record. According to city meeting records, the city manager‟s office which
presided over executing city policy handled downtown crony complaints directly with no 911
record (attached-12, FDLE letters) according to then Executive Asst. City Manager Bill Harris.

The intervening police officer was directed by City Manager or Executive Asst. City Manager
and the police officer made any charges on their own to protect the identity of the connected
business-owner from discovery. Keeping the identity of downtown cronies secret was the key to
maintaining their conspiracy to overthrow legitimate government in St. Augustine and keep their
insurrection secret. (Attached-15, Deposition)
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The hidden commercial landlord/shopkeeper whose complaint caused the criminal charges to be
brought against a ‟perp‟ that had annoyed them, licensed to be there or not, was hidden from the
Court by this city manager run conspiracy to obstruct justice and deny civil rights protections.

We still do not know who was here all this time with authority to direct 3 different city managers
and 12 elected city commissions, Judges and State prosecutors and court clerks over 24 years.

The city policy established in 1984 under City Manager #1, Gladstone and City Commission #1
(see ordinances attached # 2-4) was not fully enforced until City Manager #2, Joe Pomar
replaced #1, bringing in Executive Asst City Manager Bill Harris with senior police rank.

This occurred the same year (1991) the downtown merchants formed an Area Council within the
Chamber of Commerce with the specific purpose according to their own publications and
records, of getting first amendment singers and musicians off of the newly paved St. George
Street, turned pedestrian walkway.

Two of their number ran for city commission in 1992, bringing a total of three of their Chamber
of Commerce (HAC) Historic Area Council members sitting on the city commission.
Commissioners and eventually Mayors all, Mr. Alexander, Weeks and Baker eventually directed
the (new) city attorney to modernize the original ordinance written by Geoffrey Dobson in 1984
and present it on first reading in February 1995.

Chief of Police Robinson pointed out several times in testimony that the city could not create a
crime during the many meetings and hours of discussion the city commission devoted to their
cause…to rid themselves of street performers from their public but securely commercial mall
made up with four blocks of City Street and sidewalk.

I credit Former Chief of Police William Robinson with refusing to enforce the occupation license
over the 16 years it was in force both because he found the first amendment argument persuasive
and he knew the punishment ordinance would get him in trouble in a Federal court.

Chief Robinson was a lone voice of reason during hearings on Ord. 95-12. The new chief, David
Shoar (now SJC Sheriff Shoar) was not bothered at all by any legal concerns after Bill retired.

Chief of Police David Shoar‟s officers and Shoar personally kept people from bringing their
grievance before the city commission to prevent the public outcry over police directed breaking
and entering, destruction of private property and threats of fabricated charges for speaking before
the city commission (attached-13 affidavits).

Then SAPD Chief David Shoar (now Sheriff Shoar) and his police officers intimidated and
harassed young people, homeless individuals and artist and street performers who wanted to
speak at city commission meetings and get their experiences on official record. Officers would
later threaten or punish the vulnerable in some way for speaking at city commission meetings.

I personally witnessed many scenes of intimidation in front of the Commission Chambers and on
St. George Street. The officers were not afraid of what might be said at a city commission later,
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Officers Barry Fox and John Olsen were in my opinion promoted and publicly honored for lying
in court and consistently following orders and violating civil rights successfully.

Over a period of months, several regular speakers at the city commission meetings were arrested
just at the entrance of the city commission chambers and the Chief of Police personally
prevented one Walter Benedict from testifying before the city commission about the theft and
destruction of his property by city police officers, the “Community Response Team” run at the
time by Sgt Bianchi. Walter called me right away and arranged for me to meet with him and
Chief Shoar at a Laundromat at 8:30 the next morning to settle his claim

Walter Benedict in particular was much later threatened by the Chief if he came back into town
with arrest and prosecution with what David Shoar had clear reason to believe was fabricated
evidence of a felony. Chief Shoar and I talked directly 50 times or more over these matters,
often meeting at Police headquarters and speaking on his cell phone when he was away at
National Guard training.

I include a copy of Walter Benedict‟s notarized affidavit and now County Sheriff David Shoars
report on the incident (both attached-13, and 14). SAPD officers broke into a damaged home in
the historic district where protester and performer Walter Benedict was storing protest materials.

Walter had been on St. George Street with a display of newspaper stories and such protesting
abusive behavior by SAPD for 60 days.

Walter, another homeless individual Mark Flowers and I went to the police station to meet with
then Asst. Chief Leuder (now SAPD Chief) and the squad that did the B&E, a meeting set up by
Chief Shoar. Sgt Bianchi and LT Stark also attended the meeting.

I was arrested just prior to midnight that same day with the 6-week old, secretly obtained
warrant. After my front page arrest, Walter and 30 other artist and performers fled the city
before 30 days had passed.

The officer arresting me in 2001 asked me why I didn‟t show up in court, because that is what he
thought had happen. I had never been given any Citation or even received any written warnings,
the warrant was issued as if the charge was a State Misdemeanor (all the county court cases were
MM), not because I missed a non-existent court date.

If you don‟t act soon, the City Police and the State Attorney and the local court will injure more
people‟s right to due process as they continue to enforce these city ordinances as State Crimes
and I need you to investigate and stop the practice.

I have Misdemeanor convictions sir, yet I have never been charged with a Misdemeanor, a clever
end run around due-process, don‟t you think? SAPD arrested me at my home at midnight on a 6-
week-old, secretly held Warrant issued by one of the Alexander trio.

Turns out, the Warrant was not valid either though that never did me any good. Who you ask,
are the Alexander trio? They help explain this mess and tie the entire County Justice System into
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what appears to be a conspiracy to obstruct Justice, directed from City Hall and the Historic Area
Council of the Chamber of Commerce.

Mayor and City Commissioner Mark Alexander was one of the city commissioners who
legislated ord. 95-12, running for office to do something about the Street Performer Problem.

Mark Alexander‟s business group was formed for the express purpose to run several candidates
for office and authorize the City Police to do something about the street performers. This comes
from the Historic Area Council‟s (HAC) early literature.

Formed in 1991, the downtown Chamber of Commerce Council members were gleeful, the same
year City Manager Joe Pomar and Asst. City Manager Bill Harriss were appointed after three
Commissioners summarily sacked City Manager Gladstone at a city commission meeting.

Many of my merchant friends spoke to me about their new guy at city hall, Bill Harriss, that he
would rid the streets of all street performers. Their newsletters spoke openly of these matters.

The Mayor at the time, Greg Baker was already a member of the HAC and sold Insurance to all
of the downtown landlords and shopkeeper renters alike. In 1992, fellow members Mark
Alexander and Len Weeks, both downtown restaurant operators who hired musicians to perform
in their clubs were also elected to the City Commission.

With the three of them and the more aggressive City Manager than cautious old Gladstone, they
had the right team in place to use the Police power of the State for their personal business plan.
The only color of law they saw was grey, which is their mantra to this day; Len Weeks still
bleats this refrain.

Alexander number two, Mayor Alexander‟s cousin State Attorney Steve Alexander prosecuted
the early cases for the State and Alexander number three, his Honor‟s brother Judge John
Alexander of the local Circuit Court later issued the invalid warrant used to arrest me at midnight
6 weeks after he issued it….all for a civil offense.

In closing sir, all of this abuse has resulted because the City of St. Augustine successfully
legislated a State Misdemeanor offense for 24 years, and the State prosecuted under that practice
since 1995 when I was first arrested while playing my guitar on St. George Street.

There are FDLE reports available on early alarms of official misconduct raised in 1995
(Attached-12, letter to Gov Chiles requesting FDLE investigation). A cursory FDLE
investigation was undertaken, they found nothing unusual in methods of police enforcement and
record-keeping; the city manager and executive assistant city manager‟s have police rank.

As a former senior internal corporate accountant and auditor, I have satisfied my rigorous
analytical standards and conclude that there is strong evidence of a conspiracy to interfere with
Civil Rights, to obstruct justice on many different levels, and that this has become a criminal
racket with SAPD working as strong-arm enforcement for the conspiracy, which I believe
continues to interfere in their Public Safety role in the community.
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Please do something quickly, we need a prompt look into this matter, a full investigation and
criminal prosecution if you think it warrants it. We need all those criminal records that resulted
from this ugly criminal act to be expunged and those concerned notified.

I would like to know you reviewed my letter, and that the matter has been assigned to someone
for a quick look-see to advise you personally. A simple read of city meeting records alone may
be sufficient to warrant a grand jury investigation. I need to know someone is really taking this
seriously; as soon as you can reassure me of that, I would appreciate it sir. Thank you for your
personal reply.

Sincerely,
Roger G. Jolley, roger_jolley@yahoo.com, (904) 373-4020

CC: U. S. Attorney General Eric Holder

U.S. DOJ Criminal Division
U.S. DOJ Civil Rights Criminal Division
U.S. Civil Rights Commission
Florida Gov. Charlie Crist- requesting FDLE Investigation
U.S. Senator Bill Nelson
U.S. Congressman John Mica
Florida State Senator Anthony Hill
Florida State Representative William Proctor

Attachments:
1 Advisory Legal Opinion number AGO 2009-29 dated June 15, 2009
2 Municipal Code Chapter 1, Sec. 1-8 General Penalty; continuing violations
3 Street Performer Occupation Ord. 84-15
4 COSA Municipal Code Ch. 17, Article IX, sec 17-266
5 Street Performer Ban Ord. 95-12
6 Notice of Appearance MM95-1764
7 Order, 7th Cir Case CA-95-1313, div 55- Roger Jolley v State of Florida
8 2-Arrest Warrants for Roger Jolley 2001
9 Motion to Dismiss MM 01-3124 and MM 01-2333
10 Record on Appeal-Letter
11 Record on Appeal Judgment/Sentence
12 Letters to Gov Chiles requesting FDLE investigation, and response
13 Walter Benedict‟s notarized affidavit
14 SAPD Chief David Shoar‟s internal report on the incident with Walter Benedict
15 Deposition (Celli v COSA) Chief Robinson-select pages