Judge nears decision on subpoenaed Fort Myers officials

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FORT MYERS, Fla. A 20th Judicial Circuit Court judge is slated to rule Wednesday on whether city leaders who were subpoenaed last week will have to appear in court.

A dozen current and former city leaders as well as the author of a scathing audit of Fort Myers police were ordered last week to testify in the trial of 21-year-old Jonathan Griffin, an accused “Lake Boyz” gang member. City Attorney Grant Alley filed protective orders in an effort to keep them from taking the stand.

The protective orders would shield City Manager Saeed Kazemi, Mayor Randy Henderson, Police Chief Derrick Diggs, City Council members and Robert O’Neill, who co-conducted the audit for Freeh Group International Solutions LLC., a Delaware-based risk management firm hired by the city to review the police department.

Judge Bruce Kyle was originally expected to make his ruling Tuesday but pushed it back after a contentious hearing.

The city doesn’t believe its officials should have any part in Griffin’s trial next week, but Gerry Olivo, an attorney representing Griffin, thinks those who were subpoenaed have inside information about the audit and police department that could help their case.

“The Freeh report is undeniably relevant to the case in front of the court,” Olivo said during Tuesday’s hearing.

Alley dismissed the idea of any “grand conspiracy” involving city employees. State Attorney Robert Lee argued the subpoenas, which were served during a public forum on violence in the Dunbar community, were merely a publicity stunt.

“Sadly, this highly publicized show of serving subpoenas can only be to harass, embarrass, inconvenience and invade the privacy of these individuals,” he said.

Griffin’s trial is set to begin April 10.

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