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Orlando Sentinel
Orlando Sentinel
National
Gray Rohrer

Scott Israel's lawyers seek Scot Peterson files to help make case against suspension

TALLAHASSEE, Fla. _ Attorneys for Broward Sheriff Scott Israel argued Monday that information related to the case against Scot Peterson, a resource officer arrested last week for his inaction during the school shooting in Parkland, could help make Israel's case before a Senate special master reviewing Gov. Ron DeSantis' decision to suspend him from office.

If Senate special master Dudley Goodlette grants the move, it could delay the case, set for a hearing next week in which Israel is slated to testify.

"We believe there may be significant information in the FDLE files ... that are favorable to Sheriff Israel," said Israel attorney Benedict Kuehne, who spoke via conference call and was not present at the hearing in Tallahassee.

DeSantis' general counsel Nicholas Primrose said the two cases were separate and the information from the Peterson case wasn't necessary or relevant to Israel's suspension.

Peterson was charged with 11 criminal counts, including child neglect, culpable negligence and perjury. An FDLE report found Peterson was "in a position to engage (the shooter) and mitigate harm to others and he willfully decided not to do so."

Goodlette gave Kuehne until 5 p.m. Tuesday to file a motion to extend the case to have more time to receive the Peterson witness statements and reports. Lawyers for DeSantis have until 5 p.m. Wednesday to respond.

A hearing for the case involving the testimony of at least four witnesses, including Israel, is still scheduled for June 18.

DeSantis suspended Israel shortly after taking office in January for "neglect of duty" and "incompetence" for his role during and after the February 2018 shooting at Marjory Stoneman Douglas High School that left 17 students and staff dead.

Israel has disputed DeSantis' claims.

Under the state constitution, the governor has the power to suspend local officials from office for incompetence and neglect of duty, but the Senate must vote to either uphold the decision or reinstate the official.

Such investigations and votes by the Senate, however, are rare because governors have typically only suspended local officials who were arrested and charged with a crime and resigned from their post.

The last time the Senate voted to oust a local official was 2005, when it upheld then-Gov. Jeb Bush's suspension of Broward County Supervisor of Elections Miriam Oliphant.

A spokeswoman for Senate President Bill Galvano said any recommendation from Goodlette in his final report could go before the Rules Committee sometime in the fall, with a full vote before the Senate later.

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