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Bail cut in case involving Rep. [Katherine] Harris
Sarasota Herald Tribune ^ | 1/5/04

Posted on 01/05/2005 2:12:12 PM PST by dukeman

SARASOTA -- A circuit judge on Tuesday lowered the bail for a man accused of swerving his car toward U.S. Rep. Katherine Harris as she campaigned on a sidewalk a few days before her re-election in November.

Circuit Judge Andrew Owens lowered the bail for 46-year-old Sarasota resident Barry Seltzer from $500,000 to $25,000.

Seltzer's father had paid the bail with a $500,000 cashier's check, allowing Seltzer to stay out of jail while awaiting trial. His father will get his money back, minus the $25,000, attorneys said Tuesday.

Seltzer, a Democrat, is accused of swerving his Cadillac at Harris, a Republican from Longboat Key, and her supporters as they waved to passing motorists Oct. 26 at the corner of Fruitville Road and North Washington Boulevard.

Seltzer told police he tried to intimidate Harris and her supporters, an arrest report said. He was charged with aggravated assault with a deadly weapon, a charge that usually carries a bail of about $20,000.

In their arguments, Seltzer's attorneys, Darren Finebloom and David Haenel, said that Seltzer had been out of jail 60 days without problems. Paying the bail was a significant drain on Seltzer's parents' savings, the attorneys argued. In addition to lowering the bail, Owens dropped a restriction that prevented Seltzer, a real estate investor, from driving while out on bail.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: 2004electionviolence; aggrivatedassault; attemptedmurder; barryseltzer; brownshirtsforkerry; cargrabbers; circusjudge; civilwar2; civilwarii; crime; democrat; democratnazis; electionviolence; florida; floriduh; gorevoter; harris; howtostealanelection; intimidation; katherineharris; outlawcars; voterintimidation
Just a little update. Thought y'all might care to know what's going on with 'ol Barry.
1 posted on 01/05/2005 2:12:12 PM PST by dukeman
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To: dukeman

Sounds like the judge is a democrat too.


2 posted on 01/05/2005 2:20:22 PM PST by passionfruit (passionate about my politics, and from the land of fruits and nuts)
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To: dukeman

Pretty pathetic a 46 year old has to get his dad to bail him out


3 posted on 01/05/2005 2:20:53 PM PST by free_european
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To: dukeman

"Seltzer's father had paid the bail with a $500,000 cashier's check,"

Sounds like a rich 'liberal' kid akin to Ted Kennedy's nephew!

Hypocrits!


4 posted on 01/05/2005 2:21:06 PM PST by Bigh4u2
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To: free_european
was gonna mention that lil fact.

Can they get him on voter intimidation as well?

I guess i don't see a problem in cutting the bail if the typical bail for assault with a deadly weapon is about 20 grand.

Was the Rep an incumbent or running for the first time? It would seem to me that trying to kill a senator carriers some sort steeper charge then regular ol assault with a deadly weapon. Treason maybe?

I think they should have lumped more charges on him, but thats CA for ya
5 posted on 01/05/2005 2:32:35 PM PST by tfecw (dolphins are the spawn of evil)
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To: dukeman
Seltzer's father had paid the bail with a $500,000 cashier's check, allowing Seltzer to stay out of jail while awaiting trial. His father will get his money back, minus the $25,000, attorneys said Tuesday.

If it'd been a Republican at the wheel and a Democrat as the target, this case would have been reclassified as a "hate crime" and the bail would have either been raised to $2 million or (more likely) revoked.

Once again, breaking the law is no big deal if you're a filthy Leftist!

6 posted on 01/05/2005 2:33:48 PM PST by Prime Choice (The DNC! Where boys and girls look the same! That's a little strange isn't it?)
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To: dukeman
Aggravated assault with a deadly weapon toward a US Congresswoman and her supporters, in an admitted effort to intimidate them from exercising their right to freedom of political speech -- and what does this judge do? Why, he leaves the maniac at large with easy bail and with his driving privilege intact. I predict that if Owens is the trial judge, he will let Seltzer off with a 1K fine and 60 days suspended, pending completion of 1 year probation.

The right thing for Harris and her supporters to do is bring federal civil rights action against Seltzer, but we all know that isn't going to happen.

7 posted on 01/05/2005 2:34:19 PM PST by Bonaparte (Of course, it must look like an accident...)
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To: dukeman
Aggravated assault with a deadly weapon toward a US Congresswoman and her supporters, in an admitted effort to intimidate them from exercising their right to freedom of political speech -- and what does this judge do? Why, he leaves the maniac at large with easy bail and with his driving privilege intact. I predict that if Owens is the trial judge, he will let Seltzer off with a 1K fine and 60 days suspended, pending completion of 1 year probation.

The right thing for Harris and her supporters to do is bring federal civil rights action against Seltzer, but we all know that isn't going to happen.

8 posted on 01/05/2005 2:34:39 PM PST by Bonaparte (Of course, it must look like an accident...)
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To: tfecw

Explain to me how the bail is a problem for the parents if the man has a quick trial and doesn't run. Fortunately, I have no experience with this.


9 posted on 01/05/2005 2:36:16 PM PST by HonestConservative (Bless our Servicemen!)
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To: Prime Choice
Brandish a firearm at people and you'll go straight to jail.

"Brandish" 2 tons of speeding metal at people and you'll get off with a fine and slap on the wrist.

Dontcha love liberal justice?

10 posted on 01/05/2005 2:39:57 PM PST by Bonaparte (Of course, it must look like an accident...)
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To: dukeman

Duly try, convict, sentence and execute the subhuman-liberal-demokkkRAT-progressive-murderous-socialist-commie-nazi-fascist-muslim-islamic-hate-America-dirtbag-deviant-moron-scumbag-killer, Seltzer.

Oh, that felt good.


11 posted on 01/05/2005 2:40:10 PM PST by 7.62 x 51mm (• veni • vidi • vino • visa • "I came, I saw, I drank wine, I shopped")
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To: Prime Choice
Brandish a firearm at people and you'll go straight to jail.

"Brandish" 2 tons of speeding metal at people and you'll get off with a fine and slap on the wrist.

Dontcha love liberal justice?

12 posted on 01/05/2005 2:40:16 PM PST by Bonaparte (Of course, it must look like an accident...)
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To: Bonaparte

Let me get this straight, a guy tries to run down a U.S. Congresswoman with his cadillac, and he's NOT in jail? Disgraceful, I guess common sense isn't a prerequisite to becoming a judge.


13 posted on 01/05/2005 2:42:01 PM PST by grizzly84
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To: HonestConservative

I don't understand what your asking


14 posted on 01/05/2005 2:42:47 PM PST by tfecw (dolphins are the spawn of evil)
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To: free_european

"Pretty pathetic a 46 year old has to get his dad to bail him out."

Well, he IS a 46 year old DemonRat; those types always rely on Daddy to bail them out. I have a 50+ year old liberal co-worker who constantly milks her parents for money. So did my liberal sister (also into her 40's) but Dad has finally cut her off. *Rolleyes*


15 posted on 01/05/2005 2:45:38 PM PST by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: grizzly84
eh...Don't get me wrong cause i'm not defending this a$$ clown.

But the judge doesn't bring up the charges does he? When the case comes to him, he looks at the file and sees assault with a deadly weapon. Sets a high bail because he assaulted a congress women. They get most of the bail back cause the guy was "good"

I don't see how thats his fault.

I'd rather blame the state (or who ever presses charges for stuff like this) for not pressing charges of voter intimidation, and assaulting a congress person (if there is such a thing). Also I'd like to blame the parents :) if they are still bailing him out (pun intended) when he's 46 years old, they need to be blamed for his actions as well.
16 posted on 01/05/2005 2:46:41 PM PST by tfecw (dolphins are the spawn of evil)
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To: dukeman
Isn't this the same judge who just overruled a law allowing the Sarasota police to arrest bums for "camping" on the city streets and elsewhere? Now the city has to find them a suitable shelter instead. The bum problem here just gets worse and its bleeding heart liberals like this guy that make it so.

Sheesh! We finally get rid of Rapkin and now have to deal with this numb-skull who soft pedals the attempted murder of a congresswoman. No way this guy should be out of jail.
17 posted on 01/05/2005 2:52:35 PM PST by Mase
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To: tfecw
When someone posts bail. The bail is returned when the person shows up for trial. The defendant's lawyers argued that the "high" bail was a burden on the parents of the defendant that supplied the bail.

If he returns for trial on time, then where is the problem. I am asking if there is something in the procedure of bailing someone out that makes it difficult for the giver, even if the defendant shows up when he should and there is no problem.
18 posted on 01/05/2005 2:52:42 PM PST by HonestConservative (Bless our Servicemen!)
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To: grizzly84
He drove his car at speed, right up onto the sidewalk pointed straight at Harris and her people, swerving at the last moment. Among other ludicrous lies and utterances, he falsely claimed they were "standing in the street."

Said Seltzer: "I was only exercising my political expression."

Fine, Barry -- from now on, whenever I see you on the sidewalk, I'm going to drive my car at you. Same goes for your parents, your wife and your kids. That ok with you? Barry? Barry?? Hey, where'd you go? You got something aginst political expression?

19 posted on 01/05/2005 2:55:01 PM PST by Bonaparte (Of course, it must look like an accident...)
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To: HonestConservative

Read post 19. Do you believe this guy is a danger to others? I do. Would you want him to be at-large pending trial, behind the wheel of a Cadillac, with your kids walking on the sidewalk? I wouldn't.


20 posted on 01/05/2005 3:09:48 PM PST by Bonaparte (Of course, it must look like an accident...)
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To: dukeman

Isn't there some kind of rule that applies to this thread?


21 posted on 01/05/2005 3:12:21 PM PST by OKSooner (The bag I'm wearing over my head has last night's final score on it.)
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To: dukeman

Sounds like the RATS still can't get over it. Chances are it's a lib RAT judge. What else is new?


22 posted on 01/05/2005 3:16:37 PM PST by WyCoKsRepublican
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To: tfecw; free_european

I was going to mention it too. Isn't it nice
when we all think on the same level?


23 posted on 01/05/2005 3:20:57 PM PST by atruelady
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To: Bonaparte

He looks a mindless, left-wing nut.

The expression on his face says "mentally ill".

FREEDOM OF EXPRESSION??? Now we can kill people and claim
freedom of expression?


Good Gawd!


24 posted on 01/05/2005 3:23:49 PM PST by atruelady
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To: OKSooner
Isn't there some kind of rule that applies to this thread?


25 posted on 01/05/2005 3:24:13 PM PST by Joe Miner
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To: Bonaparte

Of course he is a danger! You misinterpreted my motivations for asking. I am asking the question for a practical answer, because I am not buying that the defendant or the defendant'lawyers. I think their arguments are malarky, and this is all the usual crying for the criminal crap that liberals always dish out. Where is the concern for his victims present and future?

Of course he is a sleezeball. Why isn't this considered a hate crime?
Why isn't the charge attempted murder, multiple counts? He is clearly screwy (not insane)who is a danger to the community. But I guess as long as the judge thinks he is only aiming at republicans, the judge can live with that.

LOL:)


26 posted on 01/05/2005 3:24:45 PM PST by HonestConservative (Bless our Servicemen!)
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To: Mase
Isn't this the same judge who just overruled a law allowing the Sarasota police to arrest bums for "camping" on the city streets and elsewhere?

Nope, it was a different judge.

27 posted on 01/05/2005 4:12:48 PM PST by dukeman
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To: HonestConservative
Seltzer was out on bail within a few days after his arrest. His lawyers tried to get the bail reduced early on, but no dice. He's apparently been "good" for the past 60 days, so the bail was reduced.

The burden on his parents is that they're deprived of the use of their $500,000 cash deposit as long as sonny boy is out on bail. When bail is set low, some people choose to procure a bail bond from a bondsman at the cost of 10% of the amount of the bail (i.e., $50,000 in the case of Barry boy). That premium cost is lost to the family even if the defendant shows up for all court appearances, so Seltzer's parents deposited the entire bail amount with the court to save the premium.

My suspicion is that Seltzer will not get a long sentence when convicted. He ought to be in jail just for being stupid since the first story about this crime indicated that Seltzer came down to the police station and blabbed everything to the cops.

28 posted on 01/05/2005 4:25:40 PM PST by dukeman
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To: dukeman

All the judge wants to do is make a name for himself so he can get appointed to the 9th circus pimp court.


29 posted on 01/05/2005 4:51:47 PM PST by jocko12
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To: jocko12

Actually, Owens is a pretty tough judge who puts up with very little.


30 posted on 01/05/2005 5:27:25 PM PST by dukeman
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To: Joe Miner

Exactly.


31 posted on 01/05/2005 6:24:15 PM PST by OKSooner
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To: dukeman

Why can't we bring back the good ol public floggin followed by a week in the stocks out front of the courthouse ?

Golly would that be fun.......

Jr. I told you not to drop them fire ants in his pants. *snicker*


32 posted on 01/05/2005 6:30:08 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: HonestConservative
"You misinterpreted my motivations for asking."

I sure did. You have my abject apologies, HC.

Looking at your post 18, it's all perfectly reasonable. I would only add a couple comments.

The bail amounts at issue (550K reduced to 25K) would not have to be deposited in full by Seltzer's parents, even though they were the indemnitors -- not unless the judge specified cash bond and there is no mention of that in the article. So this is almost certainly a surety bond, meaning the parents had to pay probably 10% of the bond amount as a non-refundable fee to the bondsman. As you've said, they would only be liable for the balance if Seltzer failed to show up to any of his subsequent court appearances. There are property bonds also, but that doesn't apply here either.

I conclude from all this that the parents are probably not well-off, although they may own a modest home. In the first instance, they would have had to pay 50K (non-refundable) and be accountable for 450K if Seltzer blew his appearances. As it stands now, they have only ponied up 2.5K and, in the worst case scenario, will only have to pay another 22.5K. This is a much more tolerable fee (and risk).

But this raises another question. Since the fee entailed by this reduced bail is so low, why couldn't Seltzer have posted bond himself? Why would his parents have to step in? He's a real estate developer and I've yet to hear of one who doesn't own at least his home. I have, however, heard of some whose money is all tied up or whose property is distressed or otherwise encumbered or whose assets are hidden to avoid actual or potential lawsuit payout, back alimony, child support, etc. I strongly suspect Seltzer fits into one or more of these categories. It's possible that he simply hasn't lived or rented in the area for very long, in which case he might not qualify for release on bond, but that seems very unlikely to me.

33 posted on 01/05/2005 6:42:08 PM PST by Bonaparte (Of course, it must look like an accident...)
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To: dukeman

"Nope, it was a different judge."


It was Rapkin.


34 posted on 01/05/2005 7:24:13 PM PST by Mase
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To: passionfruit

And got paid off.


35 posted on 01/05/2005 7:26:50 PM PST by sport
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To: tfecw

Can they get him on voter intimidation as well?
5 posted on 01/05/2005 2:32:35 PM PST by tfecw

Nope, because laws do not apply to democrats.


36 posted on 01/05/2005 7:28:22 PM PST by sport
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To: Bonaparte

Seltzer has been out on a cash bond, put up by his parents, in the amount of $500,000. They did not post a surety bond.


37 posted on 01/05/2005 9:06:40 PM PST by dukeman
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To: dukeman

Thankyou, dukeman. Extremely unusual for a judge to direct that large a cash bond for a crime of this sort. No wonder it was reduced by Owens. Still, letting this guy get behind a wheel was not a good idea.


38 posted on 01/06/2005 12:35:23 AM PST by Bonaparte (Of course, it must look like an accident...)
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To: Bonaparte; dukeman
Thanks both of you, just the education with bail and bail bonds that I was looking for. Again, I am fortunate in that I have no experience in the area, PTL.

I am confident that the defendant's own investments are protected. I am always amazed at the way a slimeball will take advantage of his parents and the way in which they will permit it. If he had any love and respect for them, he would never have put them in the position. But I digress...... I'm talking honor. How silly of me.

That being said, there are no circumstances in which a person should escape punishment for driving a car into a group of civilians. I am good with 5 years time in a minimum security fed pen with long term probation after release linked to psych. help, at a minimum., but only because the defendant lucked out because no one was seriously injured. Otherwise, I say strap him down to old sparky.
39 posted on 01/06/2005 1:19:18 PM PST by HonestConservative (Bless our Servicemen!)
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To: HonestConservative; dukeman

I also recall reading somewhere that Seltzer is or was a lawyer as well.


40 posted on 01/06/2005 9:20:05 PM PST by Bonaparte (Of course, it must look like an accident...)
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