Presumed Innocent!

If you have spent time in one of America’s criminal courtrooms, or watched legal thrillers on television or at the movies, then you have heard the phrase that the accused standing trial is “innocent until proven guilty.”

Well, as I have taught many times in my pre-law classes at Florida A&M University (FAMU), the ACTUAL key word that is used in REAL jury instructions is “unless” or “unless and until,” not just “until.”

These are not mere semantics because a solo “until” gives the inference that guilt is certain and just a matter of time, while “unless” places guilt in doubt—and informs jurors from the start of trial that the state or federal prosecutor may not actually meet its burden to prove that the accused person is guilty of a criminal offense.

Yesterday, former Tallahassee Mayor Andrew Gillum, the 2018 Florida Democratic Gubernatorial Nominee, and Sharon J. Lettman-Hicks, a prominent businesswoman who also is a long-time Democratic Party strategist, lobbyist, and pundit, were indicted in the U.S. District Court for the Northern District of Florida on multiple counts of wire fraud allegedly related to the 2018 gubernatorial campaign.

In full disclosure, I have been friends with Ms. Lettman-Hicks ever since meeting her at FAMU in the late 1980’s (and since 2020, media colleagues and co-hosts of the Steel Sharpens Steel show). Also, I have been friends with Mr. Gillum ever since I met him in the late 90’s, which was during my last year of law school at the University of Florida—and his senior year as student body president at Gainesville High School. Since 2021, we have talked politics and social issues numerous times on his political podcast, “Real Talk with Andrew Gillum.”

Yesterday, in a standing-room-only courtroom that included a phalanx of reporters covering the first appearance that was held before Federal Magistrate Judge Charlie Stampelos, both Gillum and Lettman-Hicks entered pleas of “not guilty”—and a trial date was set for August 16, 2022.

As noted above, the pair’s “not guilty” shrouds them with the same presumption of innocence that each and every person that is accused of a crime receives at the beginning of a case.

Still, as a past Florida Bar Media Award winner and two-time Pulitzer Prize nominee for articles/blogs written about court cases and controversies, I know that there’s another court—the proverbial court of public opinion—where citizens weigh in with their thoughts based upon allegations contained in an indictment—and what they’ve read online (or “heard” from their acquaintances).

Understanding that, and further understanding that the indictment in this case has been widely published and read by well wishers and political foes alike, I am here to reiterate the same thoughts I conveyed about former President Donald Trump last week, which is that criminal allegations always sound daunting and look damning— until the accused get their chances to tell their truths in the court of public opinion—and challenge the prosecutor’s allegations in a court of law.

To that end, most of the mainstream media went to press yesterday before Ms. Lettman-Hicks had her opportunity to share her thoughts; below you will find her Facebook post from last night, as well as a written statement that Mr. Gillum provided to the press in the wake of yesterday’s indictment.

“I have spent the last 20 years of my life in public service and continue to fight for the people. Every campaign I’ve run has been done with integrity. Make no mistake that this case is not legal, it is political. Throughout my career I have always stood up for the people of Florida and have spoken truth to power. There’s been a target on my back ever since I was the mayor of Tallahassee. They found nothing then, and I have full confidence that my legal team will prove my innocence now.”

As I often write: “Stay tuned…”

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Chuck Hobbs is a freelance journalist who won the 2010 Florida Bar Media Award and has been twice nominated for the Pulitzer Prize for Commentary.