Boulder Shooting Prosecutors And Defense Attorneys Spar Over Pre-Trial Publicity – Colorado Public Radio

Boulder prosecutors this week pushed back against arguments made by defense attorneys representing the alleged King Soopers gunman that there should be a gag order on the case prohibiting district attorneys and law enforcement from talking about the investigation.

Public defenders representing an Arvada man on multiple murder counts last week asked Boulder Chief Judge Ingrid Bakke to prohibit law enforcement and prosecutors from discussing the case in public or with reporters moving forward.

They argued the media response and interest in the case has been “overwhelming” and “unprecedented,” which could taint a jury pool and prevent the 21-year-old man from getting a fair trial.

“The trial courts must take strong measures to ensure that the balance is never weighed against the accused,” wrote Megan Ring, head of the Colorado Public Defenders Office, in a filing, along with several other attorneys representing Alissa. “The continuing media coverage has begun to taint any potential jury pool. There is no legitimate purpose, at this stage of the proceedings, for the District Attorney, his agents, or law enforcement agencies to be making any public statements concerning the case.”

In a Monday afternoon filing, Boulder District Attorney Michael Dougherty pushed back on the suggestion that he or any law enforcement officials had spoken out of turn since the March 22 attack that killed 10 people, including a Boulder police officer.

“To the extent that the People responded to questions posed by the media regarding the above listed topics, the responses were limited and in compliance with all ethical requirements regarding public disclosures involving a pending case,” Dougherty wrote. “While every criminal defendant maintains the right to a fair trial, the public has the right to remain informed regarding cases of interest to the community.”

Boulder Police and both state and federal prosecutors have held four press briefings since the shooting. The accused gunman has had one court appearance and remains in custody. His next status conference is May 25.

Dougherty wrote that in the days following the shooting, he reminded all law enforcement agencies helping with the investigation that they were under rules of professional conduct.

“Please ensure that all law enforcement officers, officials and staff who may interact with the press have been reminded of these rules,” Dougherty wrote to law enforcement officers and attorneys helping with the case on March 23. “Our failure to comply with the above ethical obligations would likely have a negative impact on the prosecution of this case.”

In the brief filed Monday, Dougherty said if there was going to be any precedent on pre-trial rules, the judge could look to how District Court Judge William Blair Sylvester ruled in the Aurora theater shooting case, in which an Aurora man was found guilty of a mass slaying in a movie theater. 

Because of the number of people killed, and the unusual circumstances, that case drew international attention far greater than the shootings in Boulder.

Judge Sylvester published pre-trial publicity instructions that required all attorneys — both defense and prosecutors — to follow professional conduct rules, which govern the type of statements they can make outside of court to the public and news media, while still allowing them to answer some questions.

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Matt Gaetz sought a preemptive pardon from Trump before he left office, according to report

Matt Gaetz

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Rep. Matt Gaetz of Florida sought “blanket pardons” for himself and his political allies from President Donald Trump shortly before Trump left office in January, The New York Times reported Tuesday.

The Times, citing two people familiar with the discussions, said Gaetz asked the Trump White House, in its final weeks, to grant him immunity for any crimes for which he might later be convicted.

Gaetz is currently being investigated by the Justice Department over whether he had a sexual relationship with a 17-year-old and paid for her to travel with him, and broke sex trafficking laws by doing so.

The department began investigating Gaetz late last summer as part of a broader inquiry into the former Florida tax collector Joel Greenberg, who was indicted last August on 14 felony counts, including carrying out the sex trafficking of a minor between the ages of 14 and 17. Last week, it was reported that the girl at the heart of the Gaetz inquiry is the same one who was involved in the sex trafficking charge against Greenberg.

Federal prosecutors started investigating Gaetz under then Attorney General William Barr’s tenure, and Barr and several other senior Trump appointees at the Justice Department were briefed on the probe. The Times reported that it was “unclear” if Gaetz or the White House “knew at the time of the inquiry, or who else he sought pardons for.”

Read more: Matt Gaetz’s Florida sex game included a ‘Harry Potter’ challenge and ‘extra points’ for sleeping in sorority houses, a female Republican tells Insider

The Florida Republican “did not tell White House aides that he was under investigation for potential sex trafficking violations when he made the request,” the newspaper said.

Gaetz has fervently denied the allegations against him and said the investigation is part of an elaborate, multimillion dollar extortion scheme against him and his family.

However, Gaetz said he first learned of the alleged extortion plot in March, while the department’s investigation into the sex trafficking allegations had been underway for months. This doesn’t necessarily mean Gaetz’s claims of an extortion scheme are untrue, but it does indicate the department’s probe was not opened as a result of any such scheme.

The Florida lawmaker made headlines during Trump’s term in office for his full-throated defense of the former president and his endorsement of Trump’s outlandish conspiracy theories. But in the days since news of the Justice Department’s investigation broke, there hasn’t been a peep from Trumpworld.

In fact, as Insider reported last month, some in Trump’s orbit are secretly celebrating the conservative firebrand’s predicament, with one former White House staffer saying they “feel a little vindicated.”

“He’s the meanest person in politics,” this person told Insider.

A former Trump campaign aide echoed that sentiment to Politico, telling the outlet, “Anyone that has ever spent 10 minutes with the guy would realize he’s an unserious person.”

Others pointed to Gaetz’s defense in the wake of the allegations against him, and in particular his interview last week with Fox News’ Tucker Carlson, which Carlson himself admitted was “one of the weirdest” he had ever conducted.

One Trump confidant agreed, telling Politico the interview was “an absolutely embarrassing trainwreck.”

Spokespeople for Gaetz and Trump did not immediately respond to Insider’s requests for comment.

This is a developing story. Check back for updates.

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'Criminal Minds': Paget Brewster Updates Status of Paramount+ Revival –

After just a single television season off the air, Criminal Minds is making a comeback on Paramount+, the new streaming platform from ViacomCBS. Since the order was officially given the green light in February, there have not been many updates on the project. Paget Brewster, who starred as Emily Prentiss on 12 of the show’s original 15 seasons, offered an update on the project, confirming that everyone who starred in the show’s last four seasons has been approached to return.

“We’re very thankful that they came to everyone who was in the cast for the last four seasons… They came to all of us and said, ‘would you all come back?'” Brewster told ComicBook in a recent interview to promote her new animated series, Birdgirl. “And every one of us who can, who isn’t already signed on to another show, we’ve been negotiating this.”

Brewster said the team is excited about coming back as a streaming show instead, which could give the new Criminal Minds a chance to go in a different direction from the original CBS series. “We’re doing our darnedest, and everyone’s trying to make this happen. We really enjoy each other, and we really enjoy how much our fans like the show,” she said, before going on to note how Netflix has helped the show reach a new audience. The first 12 seasons of Criminal Minds are still available on Netflix, while the last three seasons are only available on Paramount+.

“Now we have all these new fans, who have been binging it on Netflix, in a different age group,” the former Community star told ComicBook. “When people used to say to me, ‘You’re on that show Criminal Minds,’ I’d say ‘yeah, your grandma watches it.’ Now it’s a whole new generation and we have teenagers watching. It’s crazy.”

Paramount+ confirmed the Criminal Minds revival was in the works in February, a few weeks after it was rumored. The new show is expected to have a different format, with the FBI Behavioral Analysis Unit taking on a single case over 10 episodes, instead of investigating single “Crime of the Week” cases. Most of the original creative team is expected to return, including executive producer and showrunner Erica Messer.


Criminal Minds was produced by ABC Signature and CBS Television Studios, which also made the true-crime spin-off The Real Criminal Minds for Paramont+. In addition to Brewster, Criminal Minds Season 15 also starred Joe Mantegna as David Rossi, Matthew Gray Gubler as Dr. Spencer Reid, A.J. Cook as “JJ” Jareau, Kristin Vangsness as Penelope Garcia, Aisha Tyler as Dr. Tara Lewis, Daniel Henney as Matt Simmons, and Adam Rodriguez as Luke Alvez. The series finale, which was also the show’s 324th episode, aired in February 2020.

Disclaimer: is owned by CBS Interactive, a division of ViacomCBS.

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Derek Chauvin’s defense takes another hit after police chief’s testimony, former prosecutor says – CNBC

Testimony from Minneapolis Police Chief Medaria Arradondo was “another nail in the coffin” for former Minnesota police officer Derek Chauvin’s defense, Civil Rights lawyer David Henderson said Monday.

“The fact that he is a key witness is an understatement. … The window for the defense to mount an effective presentation for this jury is quickly closing, if it hasn’t already shut, with the chief’s testimony,” the former prosecutor told CNBC’s “The News with Shepard Smith.”

Monday was day six in Chauvin’s murder trial. Arradondo testified that Chauvin violated policy when he pinned George Floyd’s neck under his knee for more than nine minutes. 

“Once there was no longer any resistance, and clearly when Mr. Floyd was no longer responsive and even motionless, to continue to apply that level of force to a person proned out, handcuffed behind their back, that in no way shape or form is anything that is by policy, part of our training and is certainly not part of our ethics or values,” Arradondo said.

The police chief said he did not observe Floyd actively resisting in the cell phone video of his arrest, and he couldn’t even tell if Floyd was still alive at a certain point. 

Henderson, a CNBC Contributor, explained that Chauvin’s defense missed the opportunity to make two important points while the police chief was on the stand.

“They should have demonstrated that problems with policing are systemic, not individual, and to the extent that Derek Chauvin has been painted as a lone wolf, they should have made the point that lone wolves don’t roam in packs,” Henderson said. 

The former prosecutor told host Shepard Smith that the defense also missed two additional opportunities during Monday’s trial. First, he said that Chauvin’s witness chair should not have been removed from the court, because it would impact the jury’s opinion of him. 

“You should have someone sitting there representing him, showing that they care, and if you don’t immediately have someone, you had a year to help him develop a relationship for a person to come to court with him,” Henderson said. 

Second, Henderson also suggested that Chauvin should have taken the stand Monday, in the context of an orchestrated trial strategy.

“This should have been like Jack Nicholson taking the stand in ‘A Few Good Men,’ it really should have been, and since it wasn’t, you are going to have to find some other opportunity that may present itself that makes sense for him to take the stand afterwards,” Henderson said. 

Chauvin’s defense team did not immediately respond to CNBC’s request for comment.

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Big Law associates are burned out after a year of rapid-fire deals and intense hours. Special $60,000-plus bonuses may not be enough to keep them.


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From M&A deals to IPOs to bankruptcy proceedings, Big Law associates are busier than ever. 

For some, their jobs advising financial firms and corporations just got a lot more lucrative. At least 25 Big Law firms are awarding special bonuses up to $64,000 to high-performing associates in 2021.

But many of these bonuses aren’t just a straightforward reward for all the hard work that’s already been done. Some are being announced months before they hit bank accounts, which is unusual by industry standards.

Recruiters and other industry experts say the payouts are an effort to keep burned-out associates from leaving after a grueling year of high-volume remote work. And some associates Insider spoke to said that, while the money is nice, what they’d really like is to see the workload lighten. 

Long hours aren’t new for the field. Big Law associates, who range from mid-20-year-olds fresh out of law school to senior associates in their 30s with years of practice under their belts, can expect to work 60-70 hours per week in normal times, including late nights and weekends. While more junior lawyers spend their time drafting documents and learning on the job, older associates are expected to find clients and take the lead on some engagements. After about a decade of hard work and meeting billable-hour requirements, some lucky associates succeed in their quest to make partner, which can mean sharing in the firm’s profits.

Still, this year has been different for the notoriously old-fashioned industry, with lawyers tackling a wave of restructurings, an onslaught of SPAC work, and an uptick in work in other areas all while working from home. While firms are looking to make lateral hires to help relieve the pressure, they’re also scrambling to hold onto talent they already have.

Willkie Farr & Gallagher kicked off the bonus bonanza on March 19 when it announced rounds of special bonuses for associates in good standing, according to a firmwide memo published by legal blog Above The Law. Davis Polk followed the news by announcing even larger bonuses, paid out in two installments. More than two dozen other Big Law firms, including Willkie, quickly matched Davis Polk’s offer, according to memos published online and confirmed by law firms to Insider.

Kirkland & Ellis, the world’s top-earning law firm, is paying senior associates slightly smaller bonuses than peer firms — up to $59,200 — and is reserving its $64,000 checks for nonequity partners, according to a memo published by Above the Law.

Associates are ‘absolutely crushed’ by their workloads

Wall Street has been incredibly busy in recent months thanks to a high volume of deal work, and many in the junior ranks are on the brink of burnout. Investment banking analysts at Goldman Sachs created a pitch deck outlining their dissatisfaction with working conditions, and Apollo Global Management is paying some associates special retention bonuses to hang onto talent.

Big Law associates are also feeling the strain after a particularly busy year. One associate in his firm’s corporate practice group told Insider that 100-hour weeks have recently become the new normal.

“It seems that across the board, people in the mid-level — third years to seventh years — are absolutely crushed,” said another associate, who asked to remain anonymous because she wasn’t authorized to speak on the record. She said the bonuses felt like an effort to keep junior lawyers from leaving for competing law firms. 

Another associate at a Silicon Valley law firm said recruiters call his peers often to talk about a move. But he added that his own firm is trying to poach associates to relieve the strain its junior lawyers are feeling: “They’re definitely in need of help,” said the associate, who also asked to remain anonymous. “And I think our partners also say that — help is on the way. We’re recruiting.”

Big Law firms are trying to keep junior lawyers happy

Associates at Big Law firms typically make from $190,000 to $340,000 a year, with a year-end bonus of $15,000 to $100,000, depending on seniority. 

Additional spring or summer bonuses aren’t unprecedented — Cahill Gordon & Reindel has issued midyear bonuses before, and Quinn Emanuel Urquhart & Sullivan has also reportedly cut checks to associates in recent years — but announcing payments months ahead of time is unusual. 

“What’s different about these, which is kind of clever, is how they’ve basically spaced out the payments, which is a very smart way of getting people to stick around during a time when laterals are so highly coveted,” said David Lat, a legal journalist-turned-headhunter. “I’ve had candidates who were like, ‘let’s go, I’m ready to move,’ who are like, ‘can we talk in 2022?'”

In announcing the bonus payments, law firms said they wanted to reward associates for their hard work. But most firms won’t be paying associates their full bonuses until the second half of the year.

Legal insiders say the two-payment bonus system is an important retention tool for associates who might otherwise be looking for other opportunities.

“Bonus are a short-term Band-Aid in terms of retention, and they will be more effective at keeping people than doing nothing,” Bruce MacEwen, a consultant at Adam Smith, Esq., said in an email. He expects the firms paying out bonuses will have lower attrition rates, at least for the duration of the payments. 

Joshua Holt, a former Goodwin Procter attorney who now runs the finance website Biglaw Investor, put it this way: if an associate sticks around for the spring bonus, they might as well stick around for the fall bonus. And if they stay for the fall bonus, they might as well stick around for the end-of-year-one.

It’s unclear whether the special bonuses will work

A combination of slowed hiring and increased work spread law firms thin last year, particularly in the M&A space, according to Ru Bhatt, a Major, Lindsey & Africa recruiter who places associates. Law firms are actively searching for young M&A and capital markets talent, but many are struggling to keep existing associates happy in the meantime. 

Bonuses are important from a recruiting standpoint because many firms are hiring in a competitive market, and each unsatisfied departing associate opens another spot that needs to be filled. Matching the bonus structure is a good way for firms to stay competitive. 

“The fear of burnout is there, which is why hiring is up — you have to spread the wealth in terms of workload,” Bhatt said.

It remains to be seen whether more firms hop on the bonus bandwagon, but the trend is creating an uphill battle for firms that haven’t offered up extra pay. London-based law firm Clifford Chance said in an internal email published by Above the Law that US associates won’t be getting a spring bonus because they got one in the fall. Dozens of other top law firms haven’t said whether or not they were giving out bonuses this spring.

It’s also unclear whether generous bonuses will do enough to keep overworked associates happy in the long run. 

“At the end of the day, it’s not what most of us want,” said a San Francisco-based associate who works at one of the firms that announced a special bonus. “I think most of us want to work less.”

These are the law firms that have announced special bonuses for associates:

  • Akin Gump Strauss Hauer & Feld
  • Cleary Gottlieb Steen & Hamilton
  • Cooley
  • Cravath, Swaine & Moore
  • Davis Polk & Wardwell
  • Debevoise & Plimpton
  • DLA Piper
  • Goodwin Procter
  • Gunderson Dettmer Stough Villeneuve Franklin & Hachigian
  • Kirkland & Ellis
  • Latham & Watkins
  • Lowenstein Sandler
  • Milbank
  • Morgan Lewis
  • Paul Hastings
  • Morgan, Lewis & Bockius
  • Paul Hastings
  • Paul, Weiss, Rifkind, Wharton & Garrison
  • Pillsbury Winthrop Shaw Pittman
  • Ropes & Gray
  • Sidley Austin
  • Simpson Thacher & Bartlett
  • Skadden, Arps, Slate, Meagher & Flom
  • Weil, Gotshal & Manges
  • White & Case
  • Willkie Farr & Gallagher
  • Wilson Sonsini Goodrich & Rosati

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The Transformation Of Kirsten Vangsness From Childhood To Criminal Minds – Looper

A young Kirsten Vangsness began acting in grade school, partly to overcome shyness. As she told reporter Matt Pomroy, her weight and “strange” appearance made it difficult for her to fit in when she moved to a new school. Her grades slipped, and when her parents made her choose between shop class and acting class, she chose acting — “because,” she said, “I hated the idea of shop even more” — and wound up getting her best grade in a long time, reinvigorating her outlook, overall.

“I was good at it,” said Vangsness. “So, it was like, ‘I’m going to keep doing that thing.'”

She initially stuck to theater, in part because she felt that people on television didn’t look like her, so she thought theater was a better fit. She struggled for a while, joking that she thought she’d be living on “cat food” forever. At one point, she had a day job as a substitute teacher. Her first formal roles were in two short films, in 1988 and 2003. Then, in 2012, she appeared in a TV movie, Annie Unleashed, an episode of the Disney Channel show Phil of the Future, and in three episodes of the short-lived airport drama LAX

Then came Criminal Minds, and her life forever changed.

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Criminal Lawyer 'Targeted' by Strike Force Raptor Officers: Perverting the Course of Justice Offences & Defences NSW – Lexology

The Law Enforcement Conduct Commission has revealed that a now retired senior police officer directed officers to intimidate a defence lawyer, representing a client in a case against Strike Force Raptor.

The lawyer was representing an accused person alleged to be a member of an outlaw motorcycle gang and charged by police from Strike Force Raptor with five animal cruelty charges.

The matter was listed in the Local Court on the 28th of May 2019.

The criminal lawyer first noticed police on the same day when a car drove past his house.

As he was well acquainted and had an ‘extremely good’ relationship with the local police he waved to the car, however there was no wave back and he did not recognise the officers.

At about 7:00am, he reversed out of his driveway onto the empty street and noticed police were following him.

Upon arrival at a nearby Beaurepaires tyre shop, police pulled him over and identified themselves as being from Strike Force Raptor.

The officer approached him and asked to see his driver’s licence because he had not indicated when he reversed from the driveway.

The man did not have his licence on him as he had left home in a hurry, and he was issued with two infringement notices.

He recalls remarking: “oh, I’m against you guys today,”

The officers replied that they did not know that.

He decided to go home straight away, feeling uneasy as neither of the officers involved were required to attend Court that day for cross examination.

On his way home from Beaurepaires, he was stopped again by the police officers.

They informed him that they had forgotten to conduct a roadworthiness check on his vehicle.

He was issued defect notices for faults relating to oil leaks, seat belt defects and window tinting.

The defence lawyers’ partner who was present at the time alleges the officer quipped: “…that’s cruelty to animals and bad for the environment”.

However, as he “had many years of experience with motor vehicles” he claimed that “if there was an oil leak he would have been able to recognise it”.

He decided to take a taxi to work, and that same police vehicle followed and stopped the taxi too.

He asked the police officers if they needed him, and they said no. He then saw the officers conduct a check on the taxi.

After arriving at his office, he was informed by his client who arrived a short time after, that there was a police vehicle ‘doing laps’ outside.

When he appeared before the Local Court in his client’s matter, he informed the magistrate what had happened to him that morning and sought an adjournment.

This was granted by the Magistrate as “she could see that I was shaken up”.

As he left the court between five and ten Strike Force Raptor officers were outside. The lawyer was so intimidated that he went back inside the court and asked the magistrate if he could exit through the rear door.

He also understands that his client was searched outside court that day.

Subsequently, the lawyer informed his client that he could not act for him due to this.

The next day, police defected the lawyer’s motorcycle which he was riding because his car was off the road due to earlier police action.

“End result is no one has been charged with attempting to pervert the course justice, intimidation, or anything (other than the solicitor who paid one of the fines). This is seriously lawless behaviour by a number of police acting in concert and it’s close to unbelievable.” summarised David Shoebridge, NSW Greens MP.

Such abuse of power was detailed in the Law Enforcement Conduct Commission’s report which was made public late on Friday.

The details are not disputed by the officers involved, even stating in their own evidence that they had been taken to the town to ‘target’ the criminal lawyer.

“By “target” he understood that he was to observe [the lawyer] driving and to stop and issue him with tickets if he committed any offences. This included inspecting a vehicle for defects. This is one of the tactics used in targeting a person and he was good at that” the LECC explained.

Before the LECC, the officer conceded that: “it was not permissible to target a solicitor who was representing an outlaw motorcycle gang member.”

Officers also provided evidence that after the lawyer had denied the request for an officer on restricted duties to give evidence via an audio-visual link, that the officer in charge of the matter stated: “I want all of Raptor up there.”

“The task of these officers is to enforce the law. If the unlawful conduct engaged in by these officers is allowed to continue and be condoned because of some imagined higher purpose, there can be no good to come from it for the people of New South Wales.”stated the LECC.

The Commission also noted that a reorganisation of Strike Force Raptor had recently been announced and hoped the new Commander would consider all of the issues outlined in the report.

The LECC is one of the main police accountability bodies in NSW, and its role is to detect, investigate and expose misconduct and maladministration within the NSW Police Force and the NSW Crime Commission.

However, the NSW government has recently ordered that the organisation must find significant savings of $3.3 million within its already chronically underfunded budget.

“Sadly the easiest way to stymie those who root out corruption is to tie their investigative hands behind their backs,” commented Labor’s Treasury spokesman Walt Secord.

Perverting the Course of Justice Offences & Defences NSW

Perverting the course of justice is a criminal offence carrying up to 14-years imprisonment prescribed by section 319 of the Crimes Act 1900 (NSW). The courts take this crime very seriously. perverting the course of justice is defined as obstructing, preventing or defeating the course of justice or the administration of the law.

To be guilty of perverting the course of justice, the evidence must be able to prove in court beyond reasonable doubt that, the accused person did something or omitted to do something with the intent of perverting the course of justice.

Defences to Perverting the Course of Justice

Any one or more of the following is a defence to a charge of perverting the course of justice:

  1. The accused did not know that there were court proceedings on foot.
  2. Mental illness defences.
  3. Due to state of intoxication, the accused was incapable of forming the requisite intent required to commit this offence.
  4. Duress or necessity.

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Here are 7 surprising law schools that could land you a job in Big Law

Harvard Law School Grads

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Suffolk University Law School

There are currently 224 Suffolk University Law School grads working at top Big Law firms like Ropes & Gray, Morgan Lewis, and Goodwin Procter.

Location: Boston, Massachusetts

US News 2022 ranking: 129

Acceptance rate: 65%

Yearly tuition and fees: $51,624

Editor’s note: A previous version of this story misstated Suffolk University Law School’s current tuition and fees because the figure included living expenses. The school’s yearly tution and fees are $51,624.

Northern Illinois University College of Law

There are currently 205 Northern Illinois University College of Law grads working at top Big Law firms like Kirkland, Sidley, and Winston & Strawn.

Location: DeKalb, Illinois

US News 2022 ranking: 147-193*

Acceptance rate: 53.4%

Yearly tuition and fees: $22,082

*For the bottom quarter of its rankings, U.S. News only displays the range.

The Catholic University of America Columbus School of Law

There are currently 203 graduates of The Catholic University of America Columbus School of Law working at top Big Law firms like Hogan Lovells, Greenburg Traurig, and Morgan Lewis.

Location: Washington, DC

US News 2022 ranking: 102

Acceptance rate: 51.4%

Yearly tuition and fees: $56,040

New York Law School

There are currently 200 New York Law School grads working at top Big Law firms like DLA Piper, Reed Smith, and Greenburg Traurig.

Location: New York, New York

US News 2022 ranking: 119

Acceptance rate: 52.4%

Yearly tuition and fees: $54,382

The Santa Clara University School of Law

There are currently 155 Santa Clara University School of Law grads working at top Big Law firms like Wilson Sonsini, Cooley, and Perkins Coie.

Location: Santa Clara, California

US News 2022 ranking: 126

Acceptance rate: 57.7%

Yearly tuition and fees: $54,768

DePaul University College of Law

There are currently 148 graduates of DePaul University College of Law working at top Big Law firms like Mayer Brown, Perkins Coie, and Winston & Strawn.

Location: Chicago, Illinois

US News 2022 ranking: 111

Acceptance rate: 58.7%

Yearly tuition and fees: $50,140

Atlanta’s John Marshall Law School

There are currently 138 graduates of Atlanta’s John Marshall Law School working at top Big Law firms like Greenburg Traurig, Sidley Austin, and Baker McKenzie.

Location: Boston, Massachusetts

US News 2021 ranking: 147-193*

Acceptance rate: 58%

Yearly tuition and fees: $45,040

*For the bottom quarter of its rankings, U.S. News only displays the range.

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State attorney blocked criminal investigation into Delray Beach police lieutenant – Palm Beach Post

State Attorney Dave Aronberg’s office short-circuited an outside investigation looking into whether a Delray Beach police lieutenantdefrauded taxpayers through a bogus domestic partnership and committed perjury, The Palm Beach Post has learned.

It’s the latest action taken by the state attorney’s office to benefit Lt. Nicole Guerriero.

The office prosecuted her ex-wife for cyberstalking despite no specific threat of violence and a police investigation dripping in conflict. Then his public corruption unit refused a request by the police department to investigate Guerriero over the domestic partnership.

This all comes to light as the county’s top law official, a Democrat, is said to be on the short list for the Biden administration to become the next U.S. attorney for the Southern District of Florida. 

His office’s actions regarding Guerriero are memorialized in a 140-page case report from the state’s insurance detectives, who picked up the ball after Aronberg’s office refused to investigate.

State investigators suspected Guerriero of using the domestic partnership to put Charles Navarro, a West Palm Beach self-employed contractor who owed her money on the city’s health insurance plan.

More: Post investigation: Delray Beach police leveled criminal charge against top officer’s ex-wife

By putting him on the city’s taxpayer-supported health insurance, Guerriero freed up $470 a month for the contractor who needed to make interest payments on a home equity loan, in her name, of at least $50,000.

The state investigators wanted a search warrant to look at texts and emails between the partners, showing the nature of the relationship. 

But Aronberg’s office stopped them cold with a prosecutor claiming the investigators had “no facts that support the contention” that the domestic partners — legally akin to a married couple ‒ would be texting each other, the report stated.

Guerriero has friends in high places who have helped her in the past. Among them is Mary Olsen, her mentor and a former assistant chief of Delray Beach police. Olsen is now assigned to Aronberg’s office through the sheriff’s department as an investigator.

A Post investigation last year revealed that Olsen greenlighted a cyberstalking investigation into Guerriero’s ex-wife. She assigned one of Guerriero’s good friends to the case. 

Guerriero then caught another break when Police Chief Javaro Sims overturned the conclusions of an 18-month internal affairs investigation that the lieutenant committed six counts of “perjurious statements” in a sworn deposition. Perjury is a third-degree felony.

Guerriero received a 24-hour unpaid suspension for making one false statement about the domestic partnership. She is appealing.

When it comes to the lieutenant, all roads lead back to the contents of her cellphone, which was put into evidence in the cyberstalking case. 

The city of Delray Beach is using taxpayer dollars to fight a public records lawsuit seeking to pry loose the purple thumb drive holding the contents of the phone.

State Attorney spokesman Mike Edmondson dismissed the state’s efforts to obtain Guerriero’s cellphone information as “a fishing expedition.” 

But a copy of the search warrant application shows an extensive state investigation that builds a case for insurance fraud and perjury. 

It’s a tangled web of law and disorder, to be sure.

The Post obtained reports detailing the investigations into Guerriero through public records requests and sources. 

The outcome of twin investigations, one criminal, into a high-ranking police officer is just the most recent example of how the well-connected in Palm Beach County appear to enjoy a different justice system from the ordinary taxpayer.

“Palm Beach County has a long history of giving special treatment to public officials,” said Robert Jarvis, a law professor at Nova Southeastern University in Fort Lauderdale.

“It’s something that should make every resident mad. And it’s something that every resident should demand that it stop.”

Nicole Guerriero denies domestic relationship in legal proceeding  

West Palm Beach attorney Nellie King represented Guerriero’s ex-wife. who was charged in the cyberstalking case and subject to a temporary restraining order that kept her from her adopted child for two months.

King — the first vice president of the National Association of Criminal Defense Lawyers — has been the catalyst for the investigations into the lieutenant. The attorney says her aim is “law enforcement accountability and transparency in policing.”

“The State Attorney’s Office is shielding the release of evidence in this case, where a police officer, instead of the average citizen, is under criminal scrutiny,” King said.

King said Chief Sims has “lowered the standards for his department.” 

“The question for the community, particularly in this era of demand for law enforcement accountability and transparency, is whether this case demonstrates a failure of organizational leadership at the Delray Beach Police Department from the top down,” she said. 

After she questioned Guerriero in a sworn deposition in the ex-wife’s case, King notified the police chief about the domestic partnership and Guerriero’s statements denying the relationship.

The police department then in June 2019 asked the state Department of Financial Services to look into the domestic partnership and whether there was insurance fraud.

Surveillance by state investigators with the Division of Investigative and Forensic Services could not ever place the two partners together. They had trouble placing Navarro’s cars at Guerriero’s home. 

It wasn’t enough for Assistant State Attorney Ryan Kelley, who told the state detectives a year later: 

“There are no facts to support the contention that text messages between the target and Navarro even exist, much less that the ‘crime’ was even discussed.”

More: Read the search warrant application that the state attorney’s office called “a fishing expedition”

This would be akin to a married couple never texting or emailing each other, said a former FBI agent. 

“It doesn’t make sense to think you and the person you live with have no text messages,” said Jeff Danik, now a legal consultant. “Of course, there are going to be messages between the two. You start with that assumption.”

Jarvis, the Nova Southeastern University law professor, expressed surprise that Aronberg’s office rejected the investigators’ request. 

“It certainly seems like there was enough probable cause to go to a judge,” Jarvis said.  “Of course, it’s possible that a judge would have disagreed, but to flat out not try strikes me as rather odd given everything the investigators had discovered.”

Guerriero goes to assistant chief about ex-wife

Guerriero is a high-profile asset for Delray Beach’s police department. She served as the department’s spokeswoman, head of internal affairs and also worked the streets as an officer.

She also has in her corner  Olsen, the former Delray Beach assistant police chief who is assigned as a civilian investigator to the state attorney through the sheriff’s office. 

Guerriero went to Olsen when she wanted to prosecute her ex-wife — Bethany Fedorenchik Guerriero, an officer in the Palm Beach Gardens Police Department — for cyberstalking.

The Post’s investigation last year revealed Olsen tapped a close friend of Guerriero’s, Detective Stephanie Baker, to build the case. Olsen did not return a phone call or email seeking comment.

Fedorenchik — The Post is using her maiden name to avoid confusion — was charged in March 2019, but the case was dropped two months later. 

The internal affairs investigation “could not prove or disprove” that Guerriero weaponized the police department against Fedorenchik with Olsen and Baker.

In her ex-wife’s case, Guerriero turned over her phone to her own department in order to extract texts. The entire contents of Guerriero’s phone were downloaded and put on the thumb drive.

It remains in the possession of the police department.

It is the same thumb drive that state insurance fraud investigators wanted to see. It is the same thumb drive that the city of Delray Beach is fighting to keep secret in a public records lawsuit brought by King in August 2019.

The lawsuit contends that once the city downloaded Guerriero’s phone, it became a public record. King said Guerriero used her personal phone to conduct police business, also making it a public record. 

Once the thumb drive became fair game, Guerriero withdrew her cooperation with prosecutors on the cyberstalking charge against her ex-wife. Prosecutors then made a decision to no longer prosecute.

The lieutenant has said the thumb drive contained private information, such as medical or child care. Guerriero also said she never gave permission for all of the contents of her phone to be copied.

“I did not want that thumb drive to become a public record or a part of discovery,” Guerriero said, according to the IA report.

King said police have been using cell phone data as a dragnet for years to make criminal cases and a police officer shouldn’t be exempt.

A Post investigation in August 2018 found police in Palm Beach County were using a secret cellphone tracking device on residents to compile evidence in cases. The devices can see the complete contents of a mobile device. 

Jupiter police last summer used search warrants for phone and web cloud services to build a murder case against David Anthony in the death of his wife, Gretchen. 

But when it came to obtaining the contents of a police officer’s phone, Guerriero claimed she “has a reasonable expectation of privacy.”

More: PBSO deputies use secret cellphone catcher to grab calls

And Aronberg had no problem keeping the contents of that phone a secret, even in the narrow scope of the insurance fraud investigation.

Guerriero did not respond to questions about this story, and Navarro 

 declined to comment. 

‘I find no merit … that she answered like a victim in fear’

The IA investigator’s finding that Guerriero lied under oath stemmed from when she was questioned by King in the cyberstalking matter. The lieutenant was asked about her relationship with Navarro.

Q: Who is Charlie?

A: A friend

Q Has he ever lived at your home?

A: No

Q: Never been a resident at your address?

A: No

 Q: So, in the time period we’re talking about, either when you met Bethany or through divorce and post-divorce, your testimony is you have not been in a relationship with Charlie Navarro?

A: Correct

A Palm Beach County 2006 ordinance defines a domestic partnership, in part, as one in which each party “shares his or her primary residence with the other.”

Guerriero, with the police department since 1999, told the IA investigator that she felt bullied and mocked by King when asked questions about Navarro.

The internal affairs investigator Lt. Scott Privitera didn’t buy it

“These challenges are posed to every police officer when they take the stand or when deposed, regardless if they are a victim,” he said. 

“I find no merit to Lt. Guerriero’s responses that she answered like a victim in fear.”

Chief Sims thought otherwise, though, in a Dec. 7 memorandum.

Sims did find that Guerriero provided “misleading information” about the domestic partnership in order to protect herself. He also states that it was in “direct conflict with the true intent of the domestic partnership agreement.

But he dismissed all of it by characterizing Guerriero as a victim of a grudge match initiated by her ex-wife. He said the former couple “are dedicated to mutual destruction of each other’s career.”

While Sims said Guerriero did lie about the domestic partnership, he added that “I do not believe she was being malicious with her misleading statements.”

He then distilled a 92-page IA report into one finding of making a false statement and handed Guerriero a 24-hour suspension without pay.

Jarvis, the law professor, found the discipline astonishing.

“Indeed, Sims seems to be condoning perjury by his department’s employees whenever they believe perjury is appropriate and are willing to suffer a slap on the wrist for engaging in it.”

Jarvis said no police department can serve the public guided by such a standard, “and any police department that uses such a standard should be disbanded immediately.”

Maria “Maki” Haberfeld, academic director of the NYPD Police Studies Certificate at John Jay College, said police chiefs frequently overturn the findings of the IA investigations but called Sims’ memo “problematic.”

“The discipline is disproportionate to the violation — lying during a deposition,” Haberfeld said. “The fact that it is a complex case or the fact that she lied to protect herself just does not add up.”

The Florida statutes don’t split hairs when it comes to perjury. The law states that anyone making a false statement in an official proceeding commits a third-degree felony punishable by a maximum five-year prison sentence.

The statutes also prohibit anyone from being certified as a police officer in Florida if that person pleads guilty, no contest or is convicted of perjury or false statement.

Dave Aronberg’s office: No harm since he never filed insurance claim

Aronberg’s office bristled at questions probing whether it was protecting Guerriero.

Spokesman Edmondson said when it comes to prosecuting law enforcement, Aronberg’s record speaks for itself. 

“Our prosecutors make decisions based solely on the evidence and the law, not the suspect’s profession,” Edmondson said.

Aronberg’s office provided a list of nearly 30 law enforcement officers charged with various crimes, including Palm Beach Gardens officer Nouman Raja, he said.

Raja was sentenced to 25 years in prison for the 2015 fatal shooting of stranded motorist Corey Jones, who was Black.

“That marked the first time a law enforcement officer in Florida had been found guilty of an on-duty killing in 30 years,” Edmondson said. 

In the Raja case, Aronberg was under tremendous pressure to act.

Palm Beach County’s Black community protested repeatedly over the shooting. At one point, protesters attempted to march to Aronberg’s condominium, but many were arrested. 

“There are officers out there all the time who are accused while on duty and in uniform who aren’t prosecuted at all,” said West Palm Beach criminal defense attorney Gregg Lerman. “They aren’t even looked at or presented to the grand jury.”

When it came to Guerriero and her domestic partnership, Edmondson said it’s the state attorney’s job to review search warrant applications and reject those that are legally insufficient.

“There was no evidence that the phone or text messages contained any relevant evidence of insurance fraud,” he said. “ASA Kelly concluded the warrant would be a fishing expedition that did not reach the standard of probable cause.”

It was all a moot issue anyway because Navarro never filed a medical claim, the spokesman said. 

“The only economic loss would come from a possible expansion of insurance coverage alone for someone who did not qualify, a minimal loss at best,” he said.

Delray Beach spent more than $600,000 of taxpayer money in the last fiscal year to provide health insurance for members of the police department.

“The City of Delray Beach pays a significant portion of the employee’s monthly insurance premium,” according to the search warrant application. 

Guerriero contributed about $90 every two weeks from her paycheck for her and Navarro — far less than the $470 the contractor was previously paying.

“So this means you can commit insurance fraud, but as long as you don’t have cancer, it’s OK. He is forgetting about the monthly premium,” King said.

“This is such a ruse. It’s just a game they are playing.”

Aronberg’s action also goes against the reputation he has cultivated as a lawman who takes insurance fraud seriously. His office won a national award in June 2018 from The Coalition Against Insurance Fraud for his work in cleaning up the sober home industry in Palm Beach County. 

Dave Aronberg ‘excels at everything he does’

The revelation that Aronberg’s office put the kibosh on a criminal probe into a law enforcement officer comes at a time he is under some welcomed scrutiny as a candidate for U.S. attorney.

“For David, it is something he has been interested in a very long time,” said Andre Fladell, a political powerbroker who has helped shape Palm Beach County elections for 30 years

“He is extraordinarily qualified. He has shown that he excels at everything he has done.”

Aronberg has worked hard to cultivate a national image. He earned accolades for exposing fraud in the drug recovery industry. These days he is a semi-regular on the Morning Joe news program on MSNBC.

He has enjoyed the overwhelming support of law enforcement and has straddled political lines, working at one time for Republican Florida Attorney General Pam Bondi as the state’s drug czar. He also was a Democratic state senator.

If appointed U.S. attorney, Aronberg would oversee prosecutors from Key West to Fort Pierce where police corruption cases could cross his desk.

Aronberg’s name might be in the mix, but The Miami Herald has reported that U.S. Sen. Marco Rubio is favoring a Haitian-American attorney Markenzy Lapointe of Miami.

State attorney office’s assists prosecution of ex-wife

While Aronberg’s office refused to cooperate with state investigators looking into Guerriero, it did assist the lieutenant in prosecuting her ex-wife for cyberstalking.

Olsen, then assistant chief, assigned detective Stephanie Baker, Guerriero’s friend, to the cyberstalking case. 

Baker’s child had playdates with the adopted daughter of Guerriero and Fedorenchik and is seen in photos on social media with the lieutenant.

Guerriero listed Baker on a temporary restraining order against Fedorenchik as a person who needed to be protected. 

When asked by King in the deposition how Baker could be chief investigator and a witness at the same time, Guerriero dared the attorney to take it up with Aronberg’s public corruption unit.

She did, and they refused to take it further.

Baker has said in a deposition that she was in communication with prosecutors

The cyberstalking case was lucrative for Baker. She made more than $5,000 of taxpayer money on overtime for making a misdemeanor case that didn’t stick. 

The IA investigation, though, exonerated Baker of all wrongdoing, finding she didn’t lie in her deposition, misappropriate overtime or fail to properly investigate the cyberstalking case.

Capt. John Crane-Baker, not related, was the detective’s direct supervisor but said he was kept out of the loop on the case. Baker communicated only with Olsen.

“I had felt this probably should have been sent out to a different agency,” said Crane-Baker, according to the internal affairs report.

“Either the sheriff’s department or the state attorney’s office, or another agency to handle this since it was involving two law enforcement officers.”

Olsen said at the time that the cyberstalking case began in September 2017 that she had approval from then-Police Chief Jeff Goldman to keep the investigation in house. Goldman did not return a phone message for comment.

The former assistant chief also said the cyberstalking case was handled in-house because Guerriero was a resident of Delray Beach.  

But so was Delray officer Timothy McInerney. When it was discovered McInerney used a fake name on a bill of sale for a vehicle, the investigation was farmed out to the Florida Highway Patrol. 

Aronberg’s office filed a perjury charge against McInerney and he was fired from his job. The IA officer who investigated McInerney was none other than Lt. Guerriero.

McInerney told The Post that again there seems to be a double standard.

“There has to be accountability for command staff just as it is for street-level patrol officers,” he said. “Any sort of major crime that happens within the department should be funneled out so there is no favoritism.”

Aronberg’s public corruption unit won’t investigate

King in May 2019 wrote to Chief Sims about the domestic partnership and her concerns about conflict of interest in the cyberstalking investigation. 

The police department reached out to Aronberg’s office’s public corruption unit to investigate the possibility of insurance fraud.

But then-Assistant State Attorney Brian Fernandes said he didn’t see that the allegations had anything to do with Guerriero’s performance in her official capacity. 

The public corruption unit investigates misconduct by government officials and bureaucrats who violate the public trust, according to the state attorney’s website.

Guerriero used an administrative assistant to notarize the domestic partnership agreement without Navarro present. 

After Aronberg’s office declined to investigate, the Florida Department of Law Enforcement was contacted but that agency also declined to take the case.

Delray Beach police eventually referred the matter to the state Department of Financial Services.

Its insurance fraud division, though, closed the case in July 2019 after Guerriero produced credit card statements and plane ticket receipts for both her and Navarro. 

Nowhere did the initial investigators say they considered or asked Guerriero about her statements denying the relationship in a sworn deposition.

After The Post inquired about the investigation, the division reopened the case and assigned new investigators in November 2019.

The new investigators started building a case in what they saw as a “domestic partnership agreement which appeared to be fraudulent,” according to their report. 

Guerriero says relationship is ‘not a business deal’

Guerriero at first declined to be interviewed by fraud detectives. But she did make a point of saying, without being asked, that she did not personally know the previous investigators who had initially closed the insurance fraud case.

The lieutenant then told investigators how her ex-wife hampered her relationship with Navarro. “The goal in my life is to bring him into my family,” she said. “It’s just been derailed by this nonsense.”

Fedorenchik told investigators that Navarro had borrowed about $50,000 after Guerriero took out a home equity loan in 2005. It remained a stressor on her four-year marriage, she said.

When asked about the money she loaned Navarro, Guerriero said he was paying it back.

Guerriero said that entering into the domestic partnership was “not a business deal” and done to ensure there was someone to be her healthcare surrogate in case she was hospitalized. Guerriero is a cancer survivor.

However, investigators had trouble ever placing Navarro with Guerriero.

When they asked Guerriero why the domestic partnership wasn’t terminated since Navarro hadn’t stayed with her in months, Guerriero said, “This is not black and white. … It’s like a marriage. … You have ups and downs.” 

Navarro remained a ghost to state investigators as they tried in vain to track him down. They used traffic cameras to find his cars passing through intersections. They visited his work site and a West Palm Beach home that he owned.

The contractor met investigators in a Lake Worth Home Depot parking lot. He denied he owed Guerriero money ‒ contrary to the lieutenant’s statements ‒ but said he would take himself off the insurance.

Delray Beach would not confirm or deny Navarro was still receiving benefits. The domestic partnership is still filed with the Palm Beach County Clerk of Court.

Navarro said he paid for “groceries and stuff” to make up for not having to pay $470 for his own private health insurance.

“But I’m not going to leave Nicole,” he said.   

The narrative in the insurance fraud report didn’t include everything. The state’s main investigator, detective Michael deClaire of the Bureau of Insurance Fraud, supplied several revelations to the Delray police IA investigator.

When Navarro spoke to investigators at the Home Depot parking lot, the contractor could not remember his own address ‒ Guerriero’s residence, the detective said.

Investigators seek search warrant for what’s on the phone

Before asking for help from Aronberg’s office, state investigators received an affidavit from the director of human resources for the city of Delray Beach that said the city would not have accepted the domestic partnership agreement had it known all the facts. 

The two investigators went to Aronberg’s office in May seeking to obtain a search warrant for “text messages, emails, photos and videos” between Guerriero and Navarro on the thumb drive in the possession of Delray Police.

Assistant State Attorney Kelley suggested they draft a search warrant starting from 60 or 90 days prior to the inception of the domestic partnership.

A copy of the search warrant application received by The Post on Thursday outlined the evidence compiled by investigators, including Guerriero’s statements under oath, how the couple didn’t live together and the financial benefit of the domestic partnership.  

It also noted Navarro wasn’t involved in child care even though “Guerriero had said she, Navarro and the child were trying to be a family.”

“There is probable cause to believe Guerriero and Navarro conspired to and created and filed a false domestic partnership agreement,” Detective deClaire wrote.

The thumb drive “constitutes evidence relevant to proving that a felony has been committed.”

The probable cause application showed Guerriero was under  criminal investigation not only for insurance fraud but also for perjury. 

Kelley, though, told state investigators in June that he would not send the search warrant application to a judge for approval.

“Unless there are some sworn facts that can establish a nexus between the item to be searched and that it is more probable than not that evidence of the crime would be contained therein, a search warrant cannot be issued,” Kelley said.

As a result of Kelley’s refusal, the state criminal investigation stopped cold. Detectives filed the case under “insufficient evidence/no further leads.”

“It is possible, but cannot be proven at this time, that the formation of the domestic partnership agreement between Guerriero and Navarro was created for the purpose of Navarro gaining health insurance or other benefits from Guerriero’s employer, the city of Delray Beach,” their report concluded.

Expert on evidence: ‘At least look into it’

Denis deVlaming, an adjunct professor at Stetson University is an expert on the requirements of law enforcement and prosecutors to turn over evidence.

He said Aronberg was wrong to block investigators from gathering evidence. A search warrant for the phone’s contents doesn’t mean Guerriero was going to be charged with a crime, deVlaming said

“I mean at least look into it,” he said. “That is the type of thing that the governor may need to be contacted about.”

King put it this way: The county’s top law official refused to look into Guerriero’s domestic partnership as a matter of public corruption and then blocked another law enforcement agency from trying to investigate. 

“If the State Attorney will not hold law enforcement accountable, then the public has no faith officers who commit crimes, including lying under oath, will ever be held accountable,” she said. “That is big a problem given current public and political sentiment.”



Nicole Guerriero, the Delray Beach police lieutenant 

She was once a high-profile public information officer and head of internal affairs. Friends of hers in the department got her ex-wife charged with cyberstalking. Guerriero turned over the contents of her phone in that case. She also filed an official domestic partnership with a man who owed her money, putting him on the city’s health insurance.  State insurance fraud investigators launched an inquiry into whether the relationship was bogus after she said under oath that she wasn’t in a relationship with him. The investigation didn’t get past Dave Aronberg.  

Dave Aronberg, the state attorney 

He’s been Palm Beach County state attorney since 2013 and is on the short list to become U.S. attorney for a territory that reaches from Monroe through St. Lucie counties. He is known for his aggressive prosecution of fraud in the addiction treatment industry. But in Guerriero’s case, his prosecutor found that there was no reason to believe that Guerriero and the man were texting or emailing each other, keeping insurance fraud investigators from getting a search warrant for the contents of her phone. Aronberg’s spokesman called it a “fishing expedition.”  

Charles Navarro, the domestic partner 

A West Palm Beach contractor who is the declared domestic partner of Guerriero. She put Navarro on her health insurance policy – an expense paid for by Delray Beach taxpayers.  

Nellie King, the ex-wife’s defense attorney 

 First vice president of the National Association of Criminal Defense Lawyers, she got  Guerriero’s ex-wife’s cyberstalking case dismissed. King complained about the domestic partnership to authorities after Guerriero swore under oath that she and Navarro weren’t in a relationship.  

Javaro Sims, the Delray Beach police chief 

After an internal affairs investigation found that Guerriero had uttered “six perjurious” statements, he overturned the findings and gave her a 24-hour unpaid suspension for making one false statement.  

Mary Olsen, former assistant chief, Guerriero’s mentor 

She tapped another friend of Guerriero’s to investigate Guerriero’s ex-wife for cyberstalking. The ex-wife was charged, but the case was dropped. Olsen works now for the Palm Beach County Sheriff’s Office, but she is assigned to Aronberg’s office as an investigator. 

Bethany Fedorenchik Guerriero, Guerriero’s ex-wife 

 A Palm Beach Gardens police officer, she was charged by Aronberg’s office with cyberstalking over text messages with Guerriero. The case was dropped once Guerriero learned the contents of her cell phone was put into evidence. 

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