|
Kevin Earl Wood resided in Panama
City, Bay County, Florida since December 1977. He is a former enlisted
and military member of the U.S. Air Force and is also a former Navy
federal civil service employee with a spotless record. Kevin Wood has
become well known in Bay County and the Panhandle of Florida for being
an advocate of fundamental civil, constitutional, and legal rights of
Florida citizens, particularly in Bay County.
In 2001, the Southern
Christian Leadership Conference ("SCLC") established a chapter in Bay
County. Martin Luther King, III, the current national president of
SCLC, and son of civil rights activist and assassination victim
Reverend Martin Luther King, Jr., personally installed Kevin Wood and
others as officers of the Bay County SCLC Chapter.
Kevin Wood is publicly and widely known to be associated with the
Northwest Florida Coalition for Human Rights and Dignity which was
looking into racially based arrests made by Sheriff Guy Tunnel on New
Years Day, 1998.
Kevin Wood suspects that because he is white, Caucasian advocating
the rights of African-American citizens and others, he created
animosity against him by Sheriff Guy Tunnel and Judge Glen Hess. Glen
Hess was the attorney for Sheriff Tunnel, until 1995, when he was
appointed a judge of the 14th Judicial Circuit Court for
Bay County, Florida, Sheriff Tunnel has personally expressed and
published his antagonism against Kevin Wood and others apparently, for
challenging the racial policies of the Sheriff’s office.
Numerous African-American Sundancer patrons were arrested on New
Years Day 1998 and during January 1998 on various alleged misdemeanor
charges, which appeared to have been racially motivated. There was an
attempt to shut down the club. Kevin Wood routinely attended pretrial
hearings with the Sundancer defendants and in fact he was listed as a
witness in the case. It has been a long standing practice of public
defenders to meet with their clients in conference rooms of the Bay
County courthouse for pretrial conferences as a group instead of
meeting with individuals at the Public Defender’s office. Kevin Wood
has often participated in these meetings at the courthouse. Defendants
routinely brought to these meetings members of their family, friends,
witnesses, and others.
Then, on April 16, 1998, a sign was posted on the conference room
used by the public defender, which was used to prevent Kevin Wood from
attending any more attorney-client meetings. This despite the fact
that Kevin Wood had the consent of both the Sundancer clients and
their public defenders to attend these meetings.
On that April 16, 1998 Kevin Wood accompanied a Sundancer
defendant, Toboria Hill, an African-American female, on her request to
a meeting called by her public defender. Kevin Wood was challenged by
a bailiff as to his authority to enter the conference room. Kevin Wood
explained, as did Ms. Hill, that he had the consent of Ms. Hill and
her attorney.
Deputy Sheriff Mark Sowell was called and he insisted that Kevin
Wood leave. Although it was explained to Deputy Sheriff Sowell as well
that Kevin Wood had the consent of both Ms. Hill and her attorney
Tyrone May to attend that meeting, but it was to no avail. When Kevin
Wood simply questioned why he could not go into the conference room,
he was arrested on the spot by Deputy Sheriff Sowell, and was charged
with resisting an officer without violence. Because resisting an
unlawful police order without violence is a right in Florida, the
charge was later changed to trespass.
This incidence was preceded on April 15, 1998 by a refusal of the
Clerk’s Office to provide public information to Kevin Wood. He simply
requested a copy of a grand jury indictment that had been made public
a week earlier. Instead of being given that information the deputy
clerk Ms. Walker called Deputy Sherif Sowell and had Kevin Wood
removed from the courthouse.
Following these episodes Kevin Wood made another attempt to get a
copy of that public indictment. On the following occasion Deputy Clerk
Gloria Walker then refused to release a copy of that indictment
without blocking out the name of the foreperson, with a heavy black
pen. Ms. Walker and the head of the felony section, Joan Gilpen,
refused to provide, orally or in writing, under what Florida law they
could block out the name. Section 119.07 Florida Statute requires a
written response claiming the exemption if a public official withholds
all or part of a record.
During a subsequent trip to the courthouse, Kevin Wood brought a
small, inconspicuous 8mm camcorder and set it on the counter. He
captured Ms. Gilpen on the recording refusing to provide a reason for
withholding that part of the record. The tape was played on the
evening news by WMBB TV, Channel 13 raising the question of why the
clerk’s office was withholding public records without a legitimate
exemption, which is a criminal or non-criminal offense in Florida,
both enforceable by the state attorney. News Director Larche Hardee of
WMBB TV, then sent a letter to the Clerk of Court asking for an
explanation. The Clerk of Court Harold Bazzel then asked the Florida
Attorney General for and opinion and was advised that it was unlawful
to block out the name of a grand jury foreperson. It was then
acknowledged that the indictment was a public record and Kevin Wood
was provided a copy of the indictment without the name of the
foreperson blocked out.
On or about April 24, 1998 without instituting any lawful
proceeding against Kevin Wood, criminal or civil in nature, Judge Glen
Hess as the Administrative Judge issued an order, titled an
"Administrative Order". Judge Hess barred Kevin Wood from entering the
public courthouse unless escorted by a deputy sheriff and barred him
from attending any public judicial proceedings unless he was a party
to the proceeding, and was escorted by a deputy sheriff. Judge Hess
required Kevin Wood to give a three (3) hour notice before entering
the courthouse to arrange for the escort by a deputy sheriff, even if
he were to go to the clerk’s office or the law library. It was noted
in the order that a copy was sent to numerous other judges in the
courthouse including the Chief Judge. It was also distributed to the
media, which subsequently published stories related to that order.
Rule 2.050(b)(2) Florida Rules of Judicial Administration,
expressly provides that only the "chief judge may enter and
sign administrative orders…" Since Judge Hess is the
"Administrative Circuit Judge for Bay County."and is not the
Chief Judge of the 14th Judicial Circuit Judge Hess lacked
legal authority to enter that order. That only the Chief Judge can
enter an Administrative order was firmly reaffirmed by the First
District Court of Appeals, (which is the appellate district for the
Bay County Court), in Dept. of Juvenile Justice v. Soud, 685
So.2d 1376 (Fla. 1st DCA 1997) saying as follows:
"Florida Rule of Judicial Administration 2.050(b)(2) provides
that ‘[t]he chief judge [of a circuit] may enter and sign
administrative orders.’ It is undisputed that the respondent is
not the chief judge of the Fourth Judicial Circuit. Read in
context, it seems to us that the intent behind this provision that
only the chief judge ‘may enter and sign administrative
orders’. Accordingly, we hold that the respondent lacked the
authority to enter the ‘administrative order’ in question."
(Emphasis supplied)
The First District further noted that an Administrative Order even
if signed by the Chief Judge cannot go "beyond that which is the
proper concern of administrative orders, as contemplated by the Rules
of Judicial Administration."
That purported "Administrative Order" also totally disregarded
requirements of due process guaranteed under the United States and
Florida Constitutions, because Kevin Wood was not served with any
papers, was not given any opportunity to defend, to testify and to
confront any witnesses, or to challenge the authority of Judge Hess to
enter that order. Thereby, Kevin Wood was denied the due process that
a free democracy provides its citizens under a constitutional form of
government. Kevin Wood became aware of that so-called "Administrative
Order" only after a copy of it was served on him by ordinary mail.
Additionally, the "Administrative Order" was entered under a title
created by Judge Hess, "In Re: Kevin Wood" without any party having
commenced an action for that purpose. It was a assigned a fictitious
case number by Judge Hess, wholly unrelated to the numbering sequence
provided under Rule 2.050 for Administrative Orders. Furthermore,
Judge Hess acted as judge, jury and prosecutor, based on hearsay and
fabricated accusations, none of which took place in the presence on
Judge Hess, nevertheless, stamping Kevin Wood guilty as charged. As
one of those charges it was even stated that Kevin Wood had tricked" a
clerk into revealing the name of the grand jury foreperson when, as
shown above that was public information, required to be revealed.
That obviously illegal and unlawful "Administrative Order" has been
studiously enforced against Kevin Wood. Kevin Wood is a single father
of two daughters, the older one now attends college on full
scholarship. Both daughters have been long standing Teen Court
volunteers. Kevin Wood used to enjoy very much watching his daughters
perform. However, since 1998 Judge Hess had banned Kevin Wood from
Teen Court as well. Kevin was also barred from entering the courthouse
on June 27, 2002 in a case relating directly to his family. On that
day Kevin Wood was to appear with his younger daughter in a contempt
proceeding against the father of the daughter’s young son for
nonpayment of child support. That daughter is a minor has not been
emancipated under Florida law or by the courts. Kevin Wood has legal
and physical custody of the minor daughter, is also her guardian and
has physical and constructive legal custody of his three-year old
grandson. Kevin Wood has raised and cared for his grandson from the
day he was born in order to keep his daughter in school.
In compliance with that purported "Administrative Order" Kevin Wood
did contact the Bailiff’s Office and spoke with the deputy chief
bailiff, Clarence Lane, to advise them that he would be coming to the
hearing with his daughter on June 27, 2002 at 3:00 P.M. Deputy Lane
then questioned if Judge Hess’s order would let Kevin Wood attend the
hearing.
Kevin Wood also contacted Deputy Lane’s superior, Captain MacArthur.
He responded that until Judge Hess’ order is overturned he was going
to follow it and any other directions he receives from him. Kevin
Wood’s attempts to explain that the order is illegal on its face was
of no avail. Kevin Wood also wrote a letter requesting that the
illegal order be rescinded and to allow him and his daughter to attend
the hearing. Copies of that letter were faxed to Chief Judge Judy
Pitman, Judge Hess, Sheriff Tunnel, to the child support hearing
officer, David Johnson, and to the law offices of Walter Steigleman,
the attorney for the Department of Revenue child support enforcement
function.
Kevin Wood arrived at the courthouse prior to that 3:00 P.M.
hearing. However, Deputy Jacobs armed with Judge Hess’ order advised
Kevin Wood that he would not be allowed in the courthouse and would be
arrested on orders of Judge Hess if he entered the courthouse. This
confrontation has greatly upset the daughter who ran inside the ladies
room in the courthouse, was scared and crying and would not come out.
Kevin Wood was stranded outside, also upset and helpless. When the
daughter was finally brought out by a female bailiff Kevin Wood left
with her, having been frustrated in their attempts to proceed with a
lawfully scheduled hearing in a civil matter.
Upon request and after publicity Circuit Judge Wright who presided
over Kevin Wood’s daughter’s case issued an order saying that Kevin
Wood had a legitimate interest in attending the child support
proceedings. Kevin Wood was then allowed into the courthouse for the
specific purpose of attending the hearing on September 19, 2002. Kevin
Wood testified at that hearing. The father of the child was held in
contempt for non-payment of child support and was jailed. A week later
his family "purged" him by paying the amount ordered by Judge Wright.
Kevin Wood has recently received documentation from the State Court
Administrator's office in Tallahassee evidencing that Judge Hess and
Chief Judge Judy Pitman, had sought advice on January 14, 1998 on how
to ban him from the courthouse after he had gotten involved in the
African American Sundancer case on January 1, 1998 and after the News
Herald published a story on January 7, 1998 about his involvement.
This request was almost three month before Kevin Wood was engaged in
the alleged "misconduct" listed in Judge Hess’s subsequent "Administative
Order" dated April 24, 1998. The material sent to Chief Judge Pitman
on January 14, 1998 had a sample "Administrative Order" attached which
banned activists in another circuit in 1993 from the courthouse except
under close escort by the sheriff on three hour advance notice. The
wording in the 1993 order, provided to Judge Pitman was almost
verbatim to that used by Hess in his April 24, 2002 order. It should
be noted that Kevin Wood had no problem at the courthouse until after
the Sundancer club was raided, allegedly without cause.
home
|