IN THE COUNTY COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA STATE OF FLORIDA

Case No. CTC 14-411.11.111111.-R

CTC14-1//aMillikR

VERIFIED MOTION FOR DISQUALIFICATION OF TRIAL JUDGE SUSAN BEDINGHAUS counsel for Defendant, COMES NOW, files this Motion for Disqua r Ica ion of ria Judge and states as follows: 1.

That the Honorable Judge Susan Bedinghaus has presided

over, and continues to preside over the instant matter. 2.

That the facts constituting the ground for this Motion were

discovered fewer than ten days prior to the submission of this filing 3.

That on Monday, July 21, 2014, the Defendant filed a Motion

for Mandatory Release alleging that he had been held in the Pinellas County Jail in excess of 30 days without the State Attorney's Office filing an Information on case numbers CTC144111111eMANO, CTC144111111114MANO, and CTC144/11110AMANO. 4.

That the Defendant's attorney contacted the State Attorney's

Office via phone on Friday, July 18, 2014, and provided notice that the Defendant's Motion for Mandatory Release was set for hearing on Tuesday, July 22, 2014, before the Honorable Judge Susan Bedinghaus. 5.

That the Defendant's attorney filed the written Motion for

Mandatory Release pursuant to Fla. R. Crim. Pro. 3.134, and hand delivered

the said motion to the State Attorney's Office on the morning of July 21, 2014. 6.

That on Tuesday morning July 22, 2014, the Defendant had

been held in the Pinellas County Jail for 35 days without the filing of an Information on case numbers CTC14.MOIVIMANO, CTC14110!ItiMANO, and CTC14-4IM1MANO. 7.

That the Defendant was being held without bond on case

number CTC14.11NMANO. 8.

That on Tuesday morning, July 22, 2014, the Defendant's

Motion for Mandatory Release was called upon to be heard by the Judge Bedinghaus. 9.

That the Defendant's attorney advised Judge Bedinghaus that

the Defendant had been in custody for 35 days, and that the State Attorney had not filed an Information on the case numbers reflected above. 10,

That Judge Bedinghaus inquired of the Defendant's attorney if

the Defendant was interested in pleading to the case at that time. 11.

That the Defendant's attorney advised Judge Bedinghaus that

the Defendant was not interested in pleading at that time, and requested that the Court grant the Motion for Mandatory Release. 12.

That the Defendant's attorney advised Judge Bedinghaus that

the Defendant had a bond on the additional case that was not a part of the Motion for Mandatory Release, and that the Defendant could make bond on that case. 13.

That Assistant State Attorney, Morgan Anderson advised Judge

Bedinghaus that the State had not filed the cases pertaining to the Motion for Mandatory Release, and that they were presently being reviewed by her supervisor. 14.

That Assistant State Attorney, Morgan Anderson did not

request a continuance or ask for additional time to file a charging document. 15.

That Assistant State Attorney Morgan Anderson advised Judge

Bedinghaus that the victim had been actually noticed of the Motion for Mandatory Release. 16.

That Judge Bedinghaus asked the Assistant State Attorney,

Morgan Anderson to bring the charging documents to court so that they could be filed. 17.

That Judge Bedinghaus informed the Defendant's attorney that

she was going to pass the Defendant's case to handle other matters. 18.

That the Defendant's attorney sat in the jury box for

approximately 15 minutes while Judge Bedinghaus handled additional matters on the docket. 19.

That the delay initiated by Judge Bedinghaus enabled the State

Attorney's Office time to have the charging documents signed and brought to court to be filed. 20.

That the State Attorney's Office filed two of the four cases

against the Defendant. 21.

That the State Attorney's Office filed CTC14-1MANO

which is one of the cases wherein the Defendant was being held without bond.

22.

That Judge Bedinghaus then called the Defendant's case to be

heard again. 23.

That pursuant to Fla. R. Crim. Pro. 3.134, the Defendant's

attorney requested that the Judge grant the Motion for Mandatory Release based on the fact that the Defendant had been held beyond 33 days, and the State Attorney had not shown good cause for holding the Defendant beyond that time. 24.

That Judge Bedinghaus denied the Defendant's Motion for

Mandatory Release. 25.

That the denial of the Motion for Mandatory Release would

cause the Defendant to continue to be held without bond. 26.

That Judge Bedinghaus advised the Defendant that she would

take no further action on the case at that time and that a court date would be set in August of 2014. 27.

That while still in court on the morning of July 22, 2014; the

Defendant's attorney had successful plea negotiations with the State Attorney's Office. 28. That the State Attorney's Office was willing to agree to a plea of time served followed by a period of probation and special conditions.

29.

That while still in court on the morning of July 22, 2014, the

Defendant's attorney requested Judge Bedinghaus re-address the case so that the Defendant could now plea and resolve the case. 30. morning.

That Judge Bedinghaus declined to hear the case again that

31.

That on Wednesday, July 23, 2014, the Defendant's attorney

contacted Judge Bedinghaus' Judicial Assistant, and requested a change of plea hearing to be set on Thursday, July 24, 2014. 32.

That Judge Bedinghaus' Judicial Assistant informed the

Defendant's attorney that she would hear the Defendant's motion for change of plea on Monday, August 11, 2014. 33.

That the Defendant must remain in custody until the August 11,

2014, change of plea date. 34.

That Judge Bedinghaus demonstrated bias against the

Defendant by initiating a delay in the hearing on his Motion for Mandatory Release and allowing the State Attorney additional time to file an Information; coupled with the denial for his Motion for Mandatory Release. 35.

That it would appear from the facts that Judge Bedinghaus'

unwillingness to subsequently accept a negotiated plea was based on the Defendant's attorney requesting that the Court grant the Motion for Mandatory release instead of initially entertaining a plea at the beginning of

the hearing. 36.

That the above state facts cause the Defendant to reasonably

fear that he will not receive a fair and impartial trial in these matters. WHEREFORE the Defendant prays this Honorable Court grants the foregoing Verifed Motion for Disqualification of Trial Judge Susan Bedinghaus.