Archive for November, 2019

 

Lyann Goudie: Moved to withdraw from her client’s case after he’d been in custody for 8 years and after being paid 75K from his parent’s retirement fund

by Haydee Oropesa

Michael Keetley has been in custody awaiting a 1st time trial for 9 YEARS (8 years in isolation). The case is currently set for trial in Feb of 2020.  Lyann Goudie’s pleading, letting court know that Keetley has been in solitary confinement since December 2, 2010. Motion to Withdraw (Paragraph 17)

Lyann Goudie files a bond motion in May of 2018.  Goudie states in her bond motion that, “This length of time in isolation pending trial is cruel and unusual punishment  which is prohibited by the Eighth Amendment to the United States Constitution.”  (Bond Motion paragraph 7)

CrimeReport.org this year called this case, “the Longest-Running US Murder Case”

Isolation Has Profound Effects on The Human Body, And Brain.  Here’s What Happens

Michael Keetly

Keetley has maintained his innocence and a judge in his case described the state attorney’s case as “doubtful by substantial contradictions and discrepancies.”

In 2017, Dan Sullivan from the Tampa Bay Times wrote, “of the dozens of defendants awaiting trial in Hillsborough County, none has waited longer than Keetley… His hair has grayed. His skin has lost its color behind jailhouse walls.  Other jail inmates have come and gone, but he has quietly lingered, professing his innocence.” In 2018, Sullivan reported that Keetley had been granted bail after the judge, referring to the state’s case, wrote that it was, “rendered doubtful by substantial contradications and discrepancies.”

Court’s Order Granting Bond

9-YEAR Time Chronology of Keetley’s Case

DECEMBER 2010 / FEBRUARY 2011:

Michael Keetley accused of Murder and States Seeks Death

Michael Keetley is arrested and accused of murder and attempted murder.  The State Attorney’s  (Mark Ober was the State Attorney at the time) office announces that it is seeking the death penalty

APRIL 2011:

Michael Keetley’s parents spend their (retirement savings, $194,384.24) on (2) two private attorneys 

Keetley’s parents pay attorney Paul Carr ($119,384.24) to handle the (penalty phase, collection of mitigation for Keetley). Paul Carr was not death-penalty qualified.  “Carr, who is not a death-penalty qualified defense lawyer, hired Lyann Goudie, a Tampa lawyer.” Dan Sullivan, Tampa Bay Times

Penalty-Phase Attorney Role: Attorney is responsible for collecting mitigation evidence to present to a jury in the event it finds Keetley guilty in order to persuade jury not to impose death on client.

Keetley’s parents pay additional money to hire attorney Lyann Goudie to handle the guilt phase (try to get an acquittal for their son before a jury). Goudie gets $75K.  Keetley’s parents pay a total sum of $194,384.24 out of their retirement fund. In 2017, Dan Sullivan, Tampa Bay Times, wrote that Keetley’s parents, “had gone broke trying to defend their son.”

Guilt-Phase Attorney Role:  Attorney is responsible for preparing the case for trial and challenging the government’s case and raising reasonable doubt in order to get a not guilty verdict.

Guilt and Penalty Phase work both go hand-in-hand and work on both phases start from date of arrest, December 2, 2010.

JULY/AUGUST 2015(4 Years after Goudie & Carr Hired):

Attorney Lyann Goudie asks for Florida taxpayers to pay for another private attorney to help her with Penalty Phase (recall, what Attorney Carr was paid $119, 384.24 to do)

Lyann Goudie alleges in a document she filed with court.

“Undersigned became concerned that Mr. Carr was not gathering any mitigation evidence, in the event that it became necessary to present it.”  Therefore, in July 2015 undersigned filed a motion to have penalty phase counsel appointed and specifically requested a Rick Terrana.”

The judge denied that motion in 2015, stating that Keetley had two privately retained and paid attorneys, Goudie and Carr. Note: Goudie brings this to the attention of the court (after 4 years into the case) that her co-counsel Carr “was not gathering ANY mitigation evidence in the event that it became necessary to present it.” (Goudie’s written pleading Page 2 Paragraph 7). Goudie filed this request “under seal”, (public cannot have access to find out about).

Paul Carr did not attend the court hearing addressing Goudie’s request, that a 3rd attorney be appointed at taxpayer expense because Carr was not gathering mitigation, after being on the case for 4 years.  Goudie, according to the Tampa Bay Times referring to court records, stated during an open court hearing, “Although Carr was the attorney that was hired by the family and is technically the lead attorney on this case, I really can tell this court that I have taken this case on.”

Question: Why was the attorney (Carr) who was not death-penalty qualified allowed to be lead attorney on the case?  Why didn’t the death-penalty qualified attorney (Goudie) say anything sooner than 4 years that Carr was not gathering any mitigation for penalty phase, his responsibility in the case?

Trial court denies Goudie’s request for a 3rd taxpayer funded attorney.

 

MAY 2016: 

Attorney Paul Carr Withdraws from Keetley’s case after being paid ($119, 384.24)

On May 13, 2016, attorney Paul Carr  writes Michael Keetley a letter and advises that Carr is withdrawing off of Keetley’s caseCarr gives as a reason having sustained a head injury after being involved in an auto collision.  Keetley showed the letter to his parents. Court held a closed hearing.  Carr was allowed to withdraw.

“In a recent phone call from jail, Keetley said he was disappointed in Carr’s defense efforts.
“I don’t think he should have taken the case to begin with,” Keetley said. “I didn’t see him that much.” Goudie declined to discuss Carr with a reporter.” 

QUESTION: Did Goudie seek to protect Carr and decline discussing Carr with a reporter because he was the source of business referral and benefit to her of 75k?  Goudie did not raise any concern to the trial court that Carr, “”was not gathering any mitigation evidence in the event that it became necessary to present it,” until 4 years into the case.  

Goudie asks the taxpayer to fund penalty-phase counsel and requests that the court appoint the public defender.  Goudie said that if another qualified lawyer did not help her, she would withdraw.  The court appoints the office of the Public Defender.”  per Goudie’s request.

 

November 2016:

A New State Attorney Elected in Hillsborough County

Andrew Warren

 

Andrew Warren becomes the new State Attorney for Hillsborough County and his administration reviews all the death-penalty cases he inherited from his predecessor, Mark Ober.  Andrew Warren maintained during his campaign that he would fix the existing problems with Hillsborough’s treatment of death penalty cases.

“Tampa, FL — Today, Andrew Warren pledged to remedy existing problems with how the Hillsborough County State Attorney’s Office has utilized the death penalty over the past decade. The pledge follows a recent report by Harvard University Law School that found Hillsborough County’s handling of death penalty cases to be unconstitutional. ” 2016 Press Release: Andrew Warren Pledges to Fix Unconstitutional Use of Death Penalty

After only 10 months in office, Warren waives death on 5 of the 24 cases he inherited from Mark Ober, who sought the death penalty for Keetley.  “Fewer Face Death Penalty in Hillsborough County”

QUESTION: Why didn’t Lyann Goudie ever ask Andrew Warren for a waiver on the death penalty for Keetley before asking taxpayers to fund penalty phase work (Carr’s job)?

JUNE 2017: 

In June of 2017, after reading Dan Sullivan’s article about Paul Carr’s withdrawal from Keetley’s case, and reading that Lyann Goudie was threatening to also withdraw from Keetley’s case unless Florida’s taxpayers funded an attorney to help Goudie to replace Carr as penalty phase attorney,

“If another qualified lawyer did not agree to assist Keetley’s defense, Goudie threatened to withdraw. That would force the Public Defender’s Office to take the case.” Tampa bay Times, “Awaiting trial six years in Ruskin murders, ice cream man finds himself short a lawyer.”

 

this blogger asked Lyann Goudie why didn’t she ask the newly elected State Attorney to waive death on her client, Keetley, before burdening the taxpayer.  At the time this blogger asked this question, Keetley’s case was the oldest death penalty case in Hillsborough and could not afford any more delay.

Email exchange between this blogger and Warren’s office and Lyann Goudie (click link to read actual emails)

Email exchange:

June 3, 2017 (Blogger to State Attorney): Inquiry: Death Imposition Decisions : “Good morning Mr. Warren and Ms. Frazier, I am interested in understanding your office’s rationale/criteria for its decision in forgoing the death sentence in some recent cases versus a case covered in the Tampa Bay Times yesterday, that of Michael Keetly.  Thanks in advance for your attention to my inquiry and have a great weekend.

June 3, 2017 (Lynn Goudie responds to this inquiry to Warren’s office as she had been blind copied): Goudie’s response to blogger, “I’ll talk to you about it.”

June 5, 2017 (Warren’s office response to blogger inquiry): ” Ms. Oropesa, Thank you for your inquiry.  We are reviewing each capital punishment case, including new cases, existing cases, and those returning to our office for resentencing under the Hurst decision.  Each case review is thorough and takes significant time, thus the office is prioritizing cases for review based on several factors, including proximate trial dates and court deadlines.  The office has not yet reviewed the capital punishment decision in Michael Keetley’s case………

June 5, 2017 (Blogger response to Goudie’s email, “I’ll talk to you about it.”): “Lyann, I do have one question if you could please indulge.  Why not wait for a decision from state on whether they are or not pursuing death before asking for the taxpayer to pick up slack left by Paul Carr.  Wanted to give you a chance to respond before I post inquiry. Thanks”

June 5, 2017 (Goudie’s response to blogger’s inquiry}: ” I have not idea why you are arguing with me regarding my case.”……

Goudie does not ask Warren’s office to waive death on her client, Michael Keetley.

August 25, 2017 (blogger emails Goudie to let her Keetley’s case under review): “Michael Keetley death penalty consideration under review per this article.”

August 25, 2017 (Goudie’s response): “thanks”

Goudie still does not ask for a waiver of the death penalty for her client,Michael Keetley, even though she gathered mitigation evidence. (Motion to Withdraw, paragraph 6) 

January 2018

Lyann Goudie Moves to Withdraw from Keetley’s case, even after the trial court appointed the Hillsborough County Public Defender’s Office (per Goudie’s request), and after receiving 75K from Keetley’s parent’s retirement fund

Hillsborough County’s Public Defender appeals the trial court’s decision to the Florida Supreme Court who accepts jurisidiction to decide the issue. Holt argues that appointment of her office at taxpayer expense violates Florida law, Florida Statute 27.52(h) which states:

  (h)The court may not appoint an attorney paid by the state based on a finding that the defendant is indigent for costs if the defendant has privately retained and paid counsel.

As a result of this appeal, Goudie moves to withdraw from Keetley’s case –  after 8 years (Keetley has been in custody and in isolation) and having received 75K.  Goudie seeks to leave the case with the Public Defender’s office, which Goudie has publicly claimed is “inundated” and probably unable to give its clients “individualized attention.”  NOTE: The Public Defender’s appointment would allow Goudie to use monies allocated annually to go to the poor who do not have family that can spend $194,384.24 for representation of a private attorney who can provide, “individualized attention”

Goudie law-firm commercial (see linked clip below of Goudie’s law-firm commercial starting at time mark 0:30) Here is what Goudie says,

“What should I look for in hiring an attorney?” Goudie says public should look to see what the case load is of the prospective lawyer, because if the lawyer is “inundated” like the “public defender” then you will probably not get the individualized attention you are looking for in hiring an attorney.   Maybe that is why Keetley’s parents spent all of their retirement savings to have private attorneys defend their son. Yet Goudie, seeks to leave Keetley with the Public Defender, who she acknowledges is “inundated.” And states in her motion to withdraw, that Keetley’s case is better left with an “inundated” office so that Keetley’s case can be tried “sooner rather than later.”

QUESTION: Will leaving an 8-year old case with an “inundated” office cause the case to be tried sooner rather than later?

Goudie’s Motion to Withdraw from Michael Keetley’s case

In her motion to withdraw, Goudie states, “This Motion is filed with a heavy heart.” Goudie cites avoidance of further delay and the handling of an appeal being outside the scope of her representation as reasons for moving to withdraw pending the appeal of the public defender’s appointment to help Goudie.

QUESTION: Why did Goudie not ask for an appellate attorney to be appointed for the appeal instead of moving to withdraw from her client’s case and leaving it in the care of an office she described as “inundated”?  Goudie had previously sought taxpayer funding for costs on Keetley, why not for funding for an appellate attorney? November 2014 Keetley was declared indigent for case costs, Goudie pleading, page 2 paragraph 5

 

FEB 2019

Public Defenders Julianne Holt and Jennifer Spardley ask Andrew Warren’s office to Waive Death on Michael Keetley and Warren’s office says yes

The timespan from the time that a humble suggestion was made to Goudie to request a waiver, (in order to not burden the taxpayer with penalty-phase counsel (Carr’s job left undone) until Warren’s office responds to Hillsborough County Public Defenders Julianne Holt and Jennifer Spradley’s request for a waiver on the death penalty is,1 year and 8 months.

Eight years later, state drops death penalty in Ruskin double-murder case, Tampa Bay Times

Article reads as if Goudie wrote mitigation letter that resulted in the State Attorney waiving the death penalty on Keetley.  The article failed to give credit to the attorneys who in fact made that happen, Julianne Holt and Jennifer Spradley.

QUESTION: Did Goudie’s refusal to ask Warren’s office for a waiver of death create an unnecessary time delay in the now 9 years of incarceration?  Was taxpayer time and resources unnecessarily expended on court time and public defender attorney time taking away from other clients (an “inundated office”) because a waiver of death was not sought sooner?

Lyann Goudie never asked the State Attorney’s office to waive death.

As a result of the death penalty being waived by Andrew Warren’s office in 2019, after receiving the request by public defenders Julianne Holt and Jennifer Spradley, the Florida Supreme court dismisses the appeal as moot -because Lyann Goudie now does not need penalty-phase counsel, which Paul Carr had already been paid 119K to do.  Florida Supreme Court Dismissal of Appeal

Lyann Goudie has to keep Keetley’s case, and the maximum he can now receive as a sentence is life if found guilty.

On June 2019,  the Tampa Bay Times reported that Goudie and the State requested more time,

“The trial had been set to begin Monday. But in a hearing this week, it was postponed. The latest delay is the result of a Florida Supreme Court ruling last month that changed the state’s rules about the admissibility of expert testimony.
The decision surprised both prosecutors and defense attorneys. ‘Everybody is ready to go to trial,’said Lyan Goudie, Keetley’s defense attorney. ‘Especially my client.’ But both sides concluded they now need more time.”

Supreme Court ruling means longer wait in trial of ice cream man accused of Ruskin murders

Daubert Standard was enacted by Florida legislature in 2013 as the admissibility of expert testimony standard (Daubert was the standard in Florida for the admissibility of expert testimony for 5 years, between 2013-2018)

The standard was changed back to Frye (for only 7 months, between Oct 2018-May 2019) and went back to Daubert in May of 2019.

Lyann Goudie and Paul Carr were hired in April of 2011, and so the preparation of the case between 2013-2018 should have been done under Daubert, the standard governing in June of 2019 when the continuance was sought.

Lyann Goudie was asked via email to respond to this continuance request based on the Florida Supreme Court;s switch back to Daubert from Frye, and has not responded.

2019

Attorney Lyann Goudie

Lyann Goudie is running for Circuit Judge in Hillsborough county for the 2020 election cycle and is currently unopposed.

Goudie has contributed over 100K of her own money to her campaign account.

 

 

Lyann Goudie has been contacted for comment to this article and was given an opportunity to proof read this article, in order to point out any inaccuracy to this blogger prior to article publication, and has not responded.

FLORIDA YOU JUDGE

 
 
 

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