Judge denies Cape Coral councilwoman’s attempt to stop investigation

A judge has denied Cape Coral city councilwoman Patty Cummings’ attempt to stop a state investigation into her residency claims.

An independent investigation found Cummings lived outside the district she was a candidate to represent, which is against city rules.

The city then forwarded that investigation to the state attorney’s office to review.

Cummings filed a motion to stop that, claiming the state did not have the right to investigate.

A judge rejected that opinion Thursday, siding with the city’s action and sending the report to the state.

WINK News asked Doug Molloy, current criminal attorney, what will happen next.

“In a situation like this, I think it’s more likely that criminal charges will not be filed. Then it will be referred to the division elections, some entity out of Tallahassee, as to what the appropriate remedy would be,” Molloy said. “But I don’t think anybody believes the appropriate remedy will be criminal charges, and I put that percentage at about 95% and climbing.”

Criminal defense attorney Jill Prenger disagrees. According to Prenger, Cummings could face felony charges.

“There is a statute that makes it a third-degree felony to do false swearing on any affirmation or oath in connection with or rising out of voting or elections. That is something the state attorney’s office could be looking into and charging her with,” said Prenger.