gonzo
05-16-2007, 04:42 PM
Little did Joe Francis imagine officials would be fighting over his body.
A federal judge in Florida has rejected local prosecutors' petition to keep the Girls Gone Wild guru in a Panama City lockup to face of state charges, paving the way for Francis' extradition to Nevada for his federal tax-evasion case.
The state's attorney general had wanted Francis to remain in Florida on charges of using minors in videos during a 2003 spring break shoot, as well as a more recent charge of trying to smuggle contraband into the county jail.
But that motion was shot down Tuesday by U.S. District Judge Richard Smoak—the man who threw Francis in the pokey last month on a contempt charge after the boob merchant ignored the judge's order to resolve a separate federal civil suit.
"We are disappointed that Judge Smoak did not grant our petition for a writ of habeas corpus," State Attorney Steve Meadows said in a statement, adding that Francis will still have to face the music in Florida after he's done dealing with the federal charges.
"We have made certain that detainers are lodged against Francis for our local charges. According to law, the defendant should not be released from custody in Nevada or elsewhere but will be returned, in custody, to Florida upon completion of the proceedings in federal court. Mr. Francis will not escape accountability for his actions in Florida by attempting to proceed to Nevada."
Smoak's ruling upheld a decision issued Thursday by Federal Magistrate Larry Bodiford and came a day after U.S. Marshals transferred the 34-year-old Francis from a Bay County jail cell to a detention center in Jackson County, the first stop on his way to being shipped off to Nevada.
As a result of that move, Francis was a no-show in Judge Dee Dee Costello's courtroom to face charges of using minors in a sexual performance.
That led the state attorney's office to file the writ of habeas corpus request with Smoak.
Francis has completed a 35-day sentence for failing to enter into good faith mediations with two underage girls who sued him for exploitation in Girls Gone Wild videos. Francis stormed out of the settlement talks and then went on the lam, prompting Smoak to cite Francis with contempt and order an arrest warrant.
Francis was nabbed by U.S. Marshals on Apr. 10 and two weeks later pleaded guilty to one count of criminal contempt. Aside from the jail term, he was also fined $5,000. He also reached a settlement with the two girls.
But his Sunshine State sojourn hasn't been a happy one. A day after getting locked up, Francis was cited for trying to bribe a security guard $500 to keep secret a stash of prescription sleeping pills and anti-anxiety medication in his cell. Prosecutors added one count of bribing a public servant and five counts of possessing a control substance—third-degree felonies that carry a maximum five years in state prison—to the X-rated video entrepreneur's ever-growing rap sheet.
At the same time, on Apr. 11, a federal grand jury in Reno indicted Francis on multiple counts of bribery and tax evasion after a probe by the Internal Revenue Service determined Francis had deducting more than $20 million in bogus business expenses on his 2002 and 2003 corporate tax returns. The IRS also accused him of hiding an additional $15 million in offshore bank accounts.
He could face up to 10 years in prison and a $500,000 fine if convicted.
Francis is scheduled to be arraigned in that case next Tuesday. A spokesman for the U.S. Marshal's office in Florida said the Girls creator should arrive in Reno by then.
For Francis, the trip couldn't come soon enough.
According to court documents obtained by The Smoking Gun, Francis had told a state-appointed therapist that he had considered committing suicide if he had to remain in the Bay County facility because he had been confined to a cell in lockdown "shackled...[and] surrounded by other inmates" who were "all murderers."
"I started freaking out and screaming—I couldn't breath—I don't think I can handle this on a long-term thing. I'm not a criminal," Francis said, according to the report filed by psychiatrist Ronald Markman.
"The described situation of confinement is clearly not conducive to his mental stability and further taxes his adjustment capability," wrote Markman. He noted that Francis showed "evidence of social immaturity" and had a "potential for suicidal activity if his incarceration is prolonged."
Francis' camp declined to comment on the latest developments. A call to his Florida-based attorney, Larry Simpson, was not returned.
However, a source familiar with his case said the Girls mastermind was looking forward to leaving Florida—where he believes he's been unfairly targeted—and going to Nevada. Francis apparently believes he'll be able to post bail after he's arraigned on the tax charges.
But any freedom may be short-lived.
Last month, the Los Angeles City Attorney's Office piled on, charging Francis with misdemeanor sexual battery stemming from a Jan. 10 incident, when he allegedly felt up an unwitting partygoer at a Hollywood bash. Prosecutors say they have a witness who is also willing to testify that the 18-year-old woman asked Francis to stop groping her. A conviction in that case could net him six months in jail and a $2,000 fine.
A federal judge in Florida has rejected local prosecutors' petition to keep the Girls Gone Wild guru in a Panama City lockup to face of state charges, paving the way for Francis' extradition to Nevada for his federal tax-evasion case.
The state's attorney general had wanted Francis to remain in Florida on charges of using minors in videos during a 2003 spring break shoot, as well as a more recent charge of trying to smuggle contraband into the county jail.
But that motion was shot down Tuesday by U.S. District Judge Richard Smoak—the man who threw Francis in the pokey last month on a contempt charge after the boob merchant ignored the judge's order to resolve a separate federal civil suit.
"We are disappointed that Judge Smoak did not grant our petition for a writ of habeas corpus," State Attorney Steve Meadows said in a statement, adding that Francis will still have to face the music in Florida after he's done dealing with the federal charges.
"We have made certain that detainers are lodged against Francis for our local charges. According to law, the defendant should not be released from custody in Nevada or elsewhere but will be returned, in custody, to Florida upon completion of the proceedings in federal court. Mr. Francis will not escape accountability for his actions in Florida by attempting to proceed to Nevada."
Smoak's ruling upheld a decision issued Thursday by Federal Magistrate Larry Bodiford and came a day after U.S. Marshals transferred the 34-year-old Francis from a Bay County jail cell to a detention center in Jackson County, the first stop on his way to being shipped off to Nevada.
As a result of that move, Francis was a no-show in Judge Dee Dee Costello's courtroom to face charges of using minors in a sexual performance.
That led the state attorney's office to file the writ of habeas corpus request with Smoak.
Francis has completed a 35-day sentence for failing to enter into good faith mediations with two underage girls who sued him for exploitation in Girls Gone Wild videos. Francis stormed out of the settlement talks and then went on the lam, prompting Smoak to cite Francis with contempt and order an arrest warrant.
Francis was nabbed by U.S. Marshals on Apr. 10 and two weeks later pleaded guilty to one count of criminal contempt. Aside from the jail term, he was also fined $5,000. He also reached a settlement with the two girls.
But his Sunshine State sojourn hasn't been a happy one. A day after getting locked up, Francis was cited for trying to bribe a security guard $500 to keep secret a stash of prescription sleeping pills and anti-anxiety medication in his cell. Prosecutors added one count of bribing a public servant and five counts of possessing a control substance—third-degree felonies that carry a maximum five years in state prison—to the X-rated video entrepreneur's ever-growing rap sheet.
At the same time, on Apr. 11, a federal grand jury in Reno indicted Francis on multiple counts of bribery and tax evasion after a probe by the Internal Revenue Service determined Francis had deducting more than $20 million in bogus business expenses on his 2002 and 2003 corporate tax returns. The IRS also accused him of hiding an additional $15 million in offshore bank accounts.
He could face up to 10 years in prison and a $500,000 fine if convicted.
Francis is scheduled to be arraigned in that case next Tuesday. A spokesman for the U.S. Marshal's office in Florida said the Girls creator should arrive in Reno by then.
For Francis, the trip couldn't come soon enough.
According to court documents obtained by The Smoking Gun, Francis had told a state-appointed therapist that he had considered committing suicide if he had to remain in the Bay County facility because he had been confined to a cell in lockdown "shackled...[and] surrounded by other inmates" who were "all murderers."
"I started freaking out and screaming—I couldn't breath—I don't think I can handle this on a long-term thing. I'm not a criminal," Francis said, according to the report filed by psychiatrist Ronald Markman.
"The described situation of confinement is clearly not conducive to his mental stability and further taxes his adjustment capability," wrote Markman. He noted that Francis showed "evidence of social immaturity" and had a "potential for suicidal activity if his incarceration is prolonged."
Francis' camp declined to comment on the latest developments. A call to his Florida-based attorney, Larry Simpson, was not returned.
However, a source familiar with his case said the Girls mastermind was looking forward to leaving Florida—where he believes he's been unfairly targeted—and going to Nevada. Francis apparently believes he'll be able to post bail after he's arraigned on the tax charges.
But any freedom may be short-lived.
Last month, the Los Angeles City Attorney's Office piled on, charging Francis with misdemeanor sexual battery stemming from a Jan. 10 incident, when he allegedly felt up an unwitting partygoer at a Hollywood bash. Prosecutors say they have a witness who is also willing to testify that the 18-year-old woman asked Francis to stop groping her. A conviction in that case could net him six months in jail and a $2,000 fine.