Axios Tampa Bay

August 05, 2022
There you are, Friday.
đ¨ Showers and thunderstorms likely between 3pm and 9pm. Rain chance 60%. High of 95.
- Sounds like: "It's The End Of The World As We Know It (And I Feel Fine)," R.E.M.
Situational awareness: Tampa City Council unanimously approved the master plan for the proposed Gas Worx development between downtown and Ybor City on Thursday.
Today's newsletter is 881 words, a 3.5-minute read.
1 big thing: Warren won't leave
Hillsborough County State Attorney Andrew Warren speaks during a news conference June 15, 2020, in Tampa. Photo: Chris O'Meara/AP Photo
Hillsborough State Attorney Andrew Warren is not stepping down, despite an executive order from Gov. Ron DeSantis that attempts to suspend him from his locally elected role as the county's chief prosecutor, citing "neglect of duty" and "incompetence."
- "I'm still doing this job as the twice-elected state attorney," a defiant Warren said Thursday after a press conference called to discuss the findings in a cold case investigation. (See below for more on that.)
Driving the news: In a theatrical announcement at Falkenburg Road Jail that was heralded by tweets from his media personnel, DeSantis announced Thursday morning that he was suspending Warren, state attorney in District 13 since 2017, for what he called "neglect of duty."
Background: Warren, a Democrat who has run on a progressive platform of fairness and equity, has recently pledged not to prosecute abortion or transgender health care cases.
Details: DeSantis' executive order spells out what he calls "incompetence and willful defiance."
- The order cites Warren's signing of a joint statement with other elected prosecutors condemning laws that criminalize doctors who perform gender-affirming health care.
- It also accuses Warren of "presumptive non-enforcement for certain criminal violations," citing Warren's most recent pledge to not press charges against those receiving an abortion or their doctors.
Context: DeSantis said he ordered a statewide review of prosecutorial conduct after observing how some West Coast cities have been refusing to prosecute criminals according to state law.
Yes, but: DeSantis didn't point to any specific wrongdoing or failure to prosecute, just policy interpretation.
- "None of those (abortion or transgender health care) cases have been brought to us," Warren said. "When they bring us a case, we'll evaluate the case on the merits."
What he's saying: "The governor is trying to overthrow the result of a free and fair election," said Warren. "If the governor thinks he can do a better job, then he should run for state attorney and not president."
- Warren later told Dan Abrams he found out about DeSantis' order when an armed sheriffâs deputy showed up at his office to escort him from the building. âI was trying to figure out what country I was in,â he said.
What's next: DeSantis appointed Hillsborough County Court judge Susan Lopez to serve as state attorney, presumably until another election can be scheduled, but Warren's path to appeal is unclear.
- Under Florida's constitution, a governor can suspend state officials for misfeasance, malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties or commission of a felony.
2. "Our January 6 moment"
Screenshot courtesy of @JaneCastor's Twitter feed
"Does my vote not count?" a sign read outside at a protest at the Hillsborough County Courthouse Thursday evening.
- The question echoed throughout Tampa Bay, and Democrat politicians voiced their outrage.
"ââWhat's next after this if we roll over?" Hillsborough County Commissioner Mariella Smith asked the crowd.
- "This is our January 6 moment," Commissioner Pat Kemp added.
State Rep. Fentrice Driskell told Axios she hopes the action mobilizes voters ahead of the Aug. 23 primary, and not just Democrats but "anyone who cares about government institutions and keeping people in power in check."
Between the lines: After watching Warren's ousting, some were afraid to speak out.
- The Tampa Bay Times struggled to find anyone in current law enforcement or criminal justice officials who regularly work with Warren who would comment.
- "Just devastating," one criminal defense attorney told Axios, on the condition of anonymity because he still works in the district. "Warren was after justice, not convictions."
3. "A prosecutor's search for justice never ends"
Andrew Warren comforts Linda Sheffield, whose aunt's cold case closed Thursday. Photo courtesy of Douglas R. Clifford/Tampa Bay Times
Warren expected to make headlines Thursday, but he didnât know it would be for the governorâs move to oust him.
- What ostensibly was his last act as state attorney was to deliver justice in a case nearly 40 years old.
Driving the news: Warren announced the indictment of two men in the 1983 rape and murder of 19-year-old Barbara Grams, two years after a man who had been in prison for 37 years was exonerated.
Details: Abron Scott, 57, and Amos Robinson, 58, who are both serving life sentences for another murder, were charged Thursday with first-degree murder in the death of Grams, as well as in the case of Linda Lansen.
- Lansen, 41, was found shot to death in Town N' Country about five weeks before Grams was killed.
- Scott and Robinson were convicted of robbing, kidnapping and murdering 33-year-old Carlos Orellana later that same year.
- While in prison, Robinson has also killed two of his fellow inmates, Warren said.
What they're saying: Lansen's niece, Linda Sheffield, spoke about her aunt alongside Warren.
- "She'll never ever truly be gone," Sheffield said. "This doesn't go away. Thirty-nine years later, the shock is no longer there. But the void stays. The pain stays. The crying stays. It doesn't go away."
Background: Warren established Tampa Bay's first Conviction Integrity Unit in 2018, one of fewer than 100 in the nation, to remedy and prevent wrongful convictions.
- "A prosecutor's search for justice never ends," he said Thursday.
4. Can DeSantis do that?
Illustration: AĂŻda Amer/Axios
Warren's fate could be in the hands of the Florida Supreme Court, even if his removal isn't what's being voted on, former Hillsborough County Circuit Court Judge Scott Stephens tells Axios.
State of play: If the Florida Supreme Court decides the 15-week abortion ban is unconstitutional, Warren would be legally justified in not wanting to prosecute it, Stephens said.
- DeSantis could argue that Warren should have upheld the law while it was still in effect.
- If Warren challenges his removal in court, DeSantis would have to prove Warren was negligent of his duties as state attorney. The ruling on the abortion law could hinge on that, according to Stephens.
Stephens' bottom line: "Neither one of them is entirely wrong from a legal point of view."
What's next: The Florida Senate has 90 days to send out a notice of an initial hearing to decide whether to reinstate Warren or indeed remove him.
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5. Pics du jour
Photo: Selene San Felice/Axios
Scenes from a protest following Warren's press conference on Thursday.

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