VERO BEACH — If the owner of Vero Fashion Outlets mall doesn’t answer a $32.15-million mortgage foreclosure lawsuit by Sept. 16, it could lose the right to defend itself in the case, according to attorneys.

If so, a judge could order the outdoor mall at Interstate 95 and State Road 60 — the first large mall in the county — to be sold.

“We plan to stay open during the foreclosure and after,” said West Palm Beach attorney Kenneth Curtin, who represents the mortgage holder, LNV Corp., of Nevada. “The mall will stay the same as it is now, with tenants.” (more…)

VERO BEACH — A Nevada corporation that holds the mortgage for Vero Fashion Outlets is seeking to foreclose on the mall, according to civil lawsuit filed in Indian River Circuit Court.

LNV Corp. of Nevada is seeking $32.15 million, including principal and interest, because the mall defaulted on payments, according to the lawsuit.

“Vero (Fashion Outlets) has defaulted,” wrote attorney Kenneth Curtin, of West Palm Beach, in a lawsuit filed Aug. 26. It is assigned to Circuit Judge Paul Kanarek. No action has been taken in the civil lawsuit and the mall’s owners have not responded to the allegations. Curtin did not return calls Wednesday.
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A six-member jury took only two hours to find Indian River County Administrator Joe Baird not guilty of DUI late Wednesday afternoon.

Baird, noticeably jubilant, sat with his attorney Bobby Guttridge as the court clerk read the verdict at 3:57 p.m. Baird then hugged his girlfriend and deferred comments to his attorney, before leaving the courthouse. (more…)

VERO BEACH — The DUI trial of County Administrator Joe Baird continues today with more defense witnesses testifying about his physical condition before his arrest at 10:25 p.m. May 16 in Vero Beach.

Baird “appeared perfectly normal to me” around 10 p.m., Baird’s long-time friend John Binkley testified Tuesday at the end of trial testimony for the day.

Testimony is expected to end today, possibly in time for the case to go to jurors for a decision.
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VERO BEACH — County Administrator Joe Baird was a victim of police “rush to judgment,” his defense attorney said in the opening arguments of his DUI case Tuesday.

Bobby Guttridge told jurors when Baird stepped out of his Jeep when it was stopped May 16, Baird was wearing a flowered Hawaiian lei around his neck. Because of that, police “never gave Baird the benefit of doubt.”

Baird was arrested after attending a community fundraiser in Wabasso at which Guttridge said Baird had two beers. But Assistant State Attorney David Dodd told jurors Baird failed all of the police roadside sobriety tests. Baird couldn’t stand on one leg, walk a straight line, count backwards or follow the movement of a pen with his eyes.

Guttridge blamed that on Baird having physical problems, including vertigo.

Dodd also said an officer found an alcoholic beverage spilled on the floorboard of Baird’s Jeep.

Prosecutors Tuesday morning are putting the arresting police officers on the stand to testify. Vero Beach Police Lt. Matt Harrelson is first. He stopped Baird at 10:26 p.m. May 16 near the Miracle Mile Plaza on 21st Street.

Harrelson testified he could smell alcohol when he was within 6 feet of Baird. Because of Baird’s appearance, he called in a DUI investigator.

By Elliott Jones

VERO BEACH — Jury selection begins Monday in the DUI trial of Indian River County Administrator Joe Baird and prosecutors will get to use key evidence the defense wanted excluded.

County Judge David Morgan refused defense attorney Bobby Guttridge’s request Wednesday to toss out the May 16 arrest, which the attorney said was based on an invalid stop. (more…)

FORT PIERCE — After Julia Rolon-Estrada died of a gunshot wound to the artery in her leg on July 26, 2006, she was wrapped in a blue tarp and again in a green blanket before being buried in the yard of her Port St. Lucie home, near a rear sliding glass door.

A dog trained to find cadavers helped authorities locate the newly tilled grave, which was covered with a wooden pallet holding 20 mulch bags stacked on top.

Rolon-Estrada’s jailed husband, 43-year-old Albert Estrada, state prosecutors say, is the man guilty of killing his wife and high-school sweatheart, who had walked out on him the night before she died at age 39.
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Note to teens facing a potential prison term: don’t use your MySpace page to post photos of police officers and wish “AIDS and genocide to all law enforcement.”

That’s what Stuart resident Jesse Alan Walker, 19, did while awaiting a June trial in which a jury convicted him of robbery with a firearm related to a 2008 home invasion armed robbery. At trial, he was accused of planning the robbery with two then-20-year-old co-defendants, who once played football for Jensen Beach High School.

“I hate the (expletive) police,” Walker posted on MySpace last December, along with photos of Stuart Police officers and derogatory comments.
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VERO BEACH — The first Treasure Coast drug dealer convicted of murder in a drug overdose death case got sentenced to 30 years in state prison Thursday, the maximum penalty.

Drug dealer William McCartney III, 23, will serve up to 30 years in state prison, Circuit Judge Robert Hawley ruled Thursday. McCartney was sentenced as a habitual offender, making it harder for him to earn parole.

Hawley ordered him to 30 years in jail for third-degree murder, 30 years for selling two capsules of methadone and 10 years for selling a number of pills of Xanax, an anti-anxiety medication.

But all the sentences will run at the same time, totaling 30 years. (more…)

VERO BEACH — Indian River County Administrator Joe Baird’s first public appearance in his DUI case came Wednesday in a court hearing that was quickly postponed at the request of defense and prosecution attorneys.

The attorneys said they needed more time to prepare their cases.

But Indian River County Judge David Morgan told the attorneys he intends to set the case for trial the week of Aug. 24.

Baird has pled not guilty to DUI and speeding charges and is asking for a jury trial.

Outside the courtroom, Baird, 52, declined comment on the advice of his attorney. He was accompanied by his girlfriend, Karen Deigl, president of the Indian River Senior Resource Association, who was there for moral support and to drive him to the hearing, Baird said.

The state revoked Baird’s driving license because he refused to take a Breathalyzer test at the time of his arrest on the night of May 16.

Baird’s case next comes up for court review on Aug. 19 when Morgan is scheduled to take up what he didn’t hear Wednesday: Defense attorney Bobby Guttridge’s request that charges against Baird be dismissed because he said police didn’t have justifiable reasons for stopping him.

Police said he was speeding and made a wide turn, according to court records.

Also, Guttridge wants Morgan to suppress Baird’s statement to police that he was going to the Long Branch Saloon, a bar in Vero Beach, when he was stopped by police.

Assistant State Attorney David Dodd said he may have some additional witnesses. Before trial, attorneys are allowed to interview witnesses who may be called to testify at trial.

By Elliott Jones, TCPalm.com