[h=3]NO INDICTMENT: WHAT THE PALM BEACH COUNTY STATE ATTORNEY WROTE[/h]
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(boldface and italics are in the original)
OFFICE OF THE STATE ATTORNEY
FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY
DAVID ARONBERG
STATE ATTORNEY
April 13, 2016
State of Florida vs. COREY LEWANDOWSKI
Case No. 2016MM004088ANB
Agency Case No. 54-16-001198
Memo re: NO FILE
On March 29, 2016, Detective Marc Bujnowski of the Jupiter Police Department issued a notice to appear after finding probable cause that Corey Lewandowski committed the crime of battery, a violation of Florida Statute 784.03(1)(a), a first degree misdemeanor.
The State has reviewed the Probable Cause Affidavit, supplemental police reports, photographs, sworn statements of Michelle Fields, Ben Terris, Michael Spellman, the video surveillance recording that captures the entire incident as well as a contemporaneous audio recording captured on Ms. Fields’ phone. In addition, the State reviewed still photographs, freeze frame pictures from the video recording, phone records of Mr. Lewandowski and an affidavit from former FBI agent Barton Brown, assigned to the FBI’s Protective Operations Unit.
It has been determined that charges will not be filed at this time. The reasons for this decision are outlined below:
Battery is defined in Florida Statute 784.03(l)(a) as follows: The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.
Florida Statute 776.012 creates a defense to the charge of battery as follows: A person is justified in using non-deadly force against another when and to the extent that person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.
The facts and circumstances surrounding this case are as follows:
On March 8, 2016, news reporter Michelle Fields was covering a campaign event in the ballroom at the Trump International Golf Club in Jupiter, Florida. Presidential candidate, Donald Trump, had just given a speech/press conference. Afterwards, he left the podium and was moving towards the ballroom exit. He had a number of Secret Service agents attempting to maintain space between himself and the public. The video recording shows secret service agents clearing the pathway ahead of Mr. Trump. Specifically, it appears that Ms. Fields was directed to the back of the room along with other media/journalists. After initially complying with the directive, however, Ms. Fields returned to the pathway area and walked directly alongside Mr. Trump, attempting to ask questions of him. It appears, based on the freeze frames from the video recording and an independent photograph taken by a Washington Post photographer, that Ms. Fields brushed or touched Mr. Trump’s arm at which time Mr. Lewandowski, Mr. Trump’s campaign manager, reached forward and grabbed Ms. Fields’ arm, pulling her away from Mr. Trump. Both Mr. Trump and Mr. Lewandowski continued toward the exit at the back of the room.
After reviewing the video recording, there is no reasonable doubt that Mr. Lewandowski pulled Ms. Fields back as she was attempting to interview Mr. Trump.
According to an affidavit submitted by Barton Brown, former FBI agent, when tasked with the protection of a political candidate, Secret Service agents will create something referred to as a “protective bubble.” This “protective bubble” is created to prevent unauthorized individuals from getting too close to the person, regardless of whether or not they are members of the press. More importantly, under these circumstances, it is not uncommon that a candidate’s inner circle staff members, known to the agents, are given apparent authority to assist in clearing a safe pathway, sharing some responsibility for the safety and well-being of the candidate when agents are otherwise occupied and the “protective bubble” is compromised.
The State has a responsibility to review cases submitted by law enforcement and determine whether or not there is a good faith basis to proceed. First, in reviewing the video recording, Mr. Trump appears to react to Ms. Fields by pulling his arm back and away from her. This reaction could have reasonably led Mr. Lewandowski, following behind the two and from his vantage
point, to legitimately believe that Ms. Fields was making unwanted physical contact with Mr. Trump, which caused Mr. Lewandowski to react by pulling her away. Second, as Mr. Trump’s campaign manager, Mr. Lewandowski may have had apparent authority to assist in the protection of the candidate, specifically to maintain the “protective bubble” around the candidate. It should be noted, however, that one agent was positioned directly behind Ms. Fields and appeared to show no concern over her actions. Mr. Lewandowski could have called this agent’s attention to her actions before taking action himself, if he considered her a threat. In addition, soon after the incident, Mr. Lewandowski publicly denied ever touching Ms. Fields in any way.
While these factors might weigh against the claim that his actions were justified in defense of Mr. Trump, they do not outweigh the reasonable hypothesis of innocence based on the real time facts and circumstances recorded on the video.
Law enforcement arrests are based upon probable cause. State prosecution relies upon a good faith basis that sufficient evidence exists to prove a case beyond a reasonable doubt. This includes rebuttal of any apparent defenses. While the facts support the allegation that Mr. Lewandowski did grab Ms. Fields arm against her will, Mr. Lewandowski has a reasonable hypothesis of innocence. There is insufficient evidence to rebut these defenses. Therefore, although probable cause exists, the state will No File this case.
Sincerely,
Adrienne Ellis
Chief Assistant State Attorney
County Court
.
+10
(boldface and italics are in the original)
OFFICE OF THE STATE ATTORNEY
FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY
DAVID ARONBERG
STATE ATTORNEY
April 13, 2016
State of Florida vs. COREY LEWANDOWSKI
Case No. 2016MM004088ANB
Agency Case No. 54-16-001198
Memo re: NO FILE
On March 29, 2016, Detective Marc Bujnowski of the Jupiter Police Department issued a notice to appear after finding probable cause that Corey Lewandowski committed the crime of battery, a violation of Florida Statute 784.03(1)(a), a first degree misdemeanor.
The State has reviewed the Probable Cause Affidavit, supplemental police reports, photographs, sworn statements of Michelle Fields, Ben Terris, Michael Spellman, the video surveillance recording that captures the entire incident as well as a contemporaneous audio recording captured on Ms. Fields’ phone. In addition, the State reviewed still photographs, freeze frame pictures from the video recording, phone records of Mr. Lewandowski and an affidavit from former FBI agent Barton Brown, assigned to the FBI’s Protective Operations Unit.
It has been determined that charges will not be filed at this time. The reasons for this decision are outlined below:
Battery is defined in Florida Statute 784.03(l)(a) as follows: The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.
Florida Statute 776.012 creates a defense to the charge of battery as follows: A person is justified in using non-deadly force against another when and to the extent that person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.
The facts and circumstances surrounding this case are as follows:
On March 8, 2016, news reporter Michelle Fields was covering a campaign event in the ballroom at the Trump International Golf Club in Jupiter, Florida. Presidential candidate, Donald Trump, had just given a speech/press conference. Afterwards, he left the podium and was moving towards the ballroom exit. He had a number of Secret Service agents attempting to maintain space between himself and the public. The video recording shows secret service agents clearing the pathway ahead of Mr. Trump. Specifically, it appears that Ms. Fields was directed to the back of the room along with other media/journalists. After initially complying with the directive, however, Ms. Fields returned to the pathway area and walked directly alongside Mr. Trump, attempting to ask questions of him. It appears, based on the freeze frames from the video recording and an independent photograph taken by a Washington Post photographer, that Ms. Fields brushed or touched Mr. Trump’s arm at which time Mr. Lewandowski, Mr. Trump’s campaign manager, reached forward and grabbed Ms. Fields’ arm, pulling her away from Mr. Trump. Both Mr. Trump and Mr. Lewandowski continued toward the exit at the back of the room.
After reviewing the video recording, there is no reasonable doubt that Mr. Lewandowski pulled Ms. Fields back as she was attempting to interview Mr. Trump.
According to an affidavit submitted by Barton Brown, former FBI agent, when tasked with the protection of a political candidate, Secret Service agents will create something referred to as a “protective bubble.” This “protective bubble” is created to prevent unauthorized individuals from getting too close to the person, regardless of whether or not they are members of the press. More importantly, under these circumstances, it is not uncommon that a candidate’s inner circle staff members, known to the agents, are given apparent authority to assist in clearing a safe pathway, sharing some responsibility for the safety and well-being of the candidate when agents are otherwise occupied and the “protective bubble” is compromised.
The State has a responsibility to review cases submitted by law enforcement and determine whether or not there is a good faith basis to proceed. First, in reviewing the video recording, Mr. Trump appears to react to Ms. Fields by pulling his arm back and away from her. This reaction could have reasonably led Mr. Lewandowski, following behind the two and from his vantage
point, to legitimately believe that Ms. Fields was making unwanted physical contact with Mr. Trump, which caused Mr. Lewandowski to react by pulling her away. Second, as Mr. Trump’s campaign manager, Mr. Lewandowski may have had apparent authority to assist in the protection of the candidate, specifically to maintain the “protective bubble” around the candidate. It should be noted, however, that one agent was positioned directly behind Ms. Fields and appeared to show no concern over her actions. Mr. Lewandowski could have called this agent’s attention to her actions before taking action himself, if he considered her a threat. In addition, soon after the incident, Mr. Lewandowski publicly denied ever touching Ms. Fields in any way.
While these factors might weigh against the claim that his actions were justified in defense of Mr. Trump, they do not outweigh the reasonable hypothesis of innocence based on the real time facts and circumstances recorded on the video.
Law enforcement arrests are based upon probable cause. State prosecution relies upon a good faith basis that sufficient evidence exists to prove a case beyond a reasonable doubt. This includes rebuttal of any apparent defenses. While the facts support the allegation that Mr. Lewandowski did grab Ms. Fields arm against her will, Mr. Lewandowski has a reasonable hypothesis of innocence. There is insufficient evidence to rebut these defenses. Therefore, although probable cause exists, the state will No File this case.
Sincerely,
Adrienne Ellis
Chief Assistant State Attorney
County Court
.
highest RATED COMMENTS ON THE DM ARTICLE.
American Girl, Boston, United States, 5 hours ago
What a lying, scheming person. If Trump didn't have the tape the country would have had no evidence of her PERJURY. She claimed in the police report that he aggressively attempted to push her to the ground. WHAT A LIE!!!! What was her motive? What was her agenda??? Trying to malign an innocent, hardworking man?
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Surfer, Los Angeles, United States, 1 hour ago
Good for Mr. Trump for sticking up for him and going against the grain. It shows a strength in his character.
.
kwash, Los Angeles, United States, 47 minutes ago
She is the WORST kind of person EVER!
.hscguy, LBurg, United States, 5 hours agoNow that the truth is out, she should be required to make a public apology, in addition to being sued by the Donald for assault and defamation of character of the campaign manager
.
Sherry S., Memphis_Tn_USA, 5 hours ago
Michelle Fields has got to be the biggest wimp ever or was looking for publicity. Huma pushed some woman harder than that after she got too close to Hillary and not a word of criticism was said.
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Justme0, Anytown, United States, 5 hours ago
Good, now file charges against the reporter.
Jones Strother, Cincinnati, United States, 5 hours ago
Who didn't see this on the horizon? Michelle Fields is only a second string reporter, trying to make it in the big time. Glad the prosecution came to their senses and saw this for what it is - attention grabbing garbage!
Milodog, Boston, 5 hours ago
Michelle Fields is an attention grubbing s-kank
.[FONT=Arial, Helvetica, sans-serif]Living in Exile.[/FONT], Victoria Canada, Canada, 4 hours agoJust another snot nosed reported looking for her 15 mnutes of fame. She lied, she incroached inside a safe zone operated by the secret service, she is lucky she was not shot. I seriously doubt that she has a civil case to bring to a court especially when the evidence presented to a public court did not stand up to scrutiny. Maybe she should just crawl back under the rock she belongs under.
.
American Girl, Boston, United States, 5 hours ago
What a lying, scheming person. If Trump didn't have the tape the country would have had no evidence of her PERJURY. She claimed in the police report that he aggressively attempted to push her to the ground. WHAT A LIE!!!! What was her motive? What was her agenda??? Trying to malign an innocent, hardworking man?
.
Surfer, Los Angeles, United States, 1 hour ago
Good for Mr. Trump for sticking up for him and going against the grain. It shows a strength in his character.
.
kwash, Los Angeles, United States, 47 minutes ago
She is the WORST kind of person EVER!
.hscguy, LBurg, United States, 5 hours agoNow that the truth is out, she should be required to make a public apology, in addition to being sued by the Donald for assault and defamation of character of the campaign manager
.
Sherry S., Memphis_Tn_USA, 5 hours ago
Michelle Fields has got to be the biggest wimp ever or was looking for publicity. Huma pushed some woman harder than that after she got too close to Hillary and not a word of criticism was said.
.
Justme0, Anytown, United States, 5 hours ago
Good, now file charges against the reporter.
Jones Strother, Cincinnati, United States, 5 hours ago
Who didn't see this on the horizon? Michelle Fields is only a second string reporter, trying to make it in the big time. Glad the prosecution came to their senses and saw this for what it is - attention grabbing garbage!
Milodog, Boston, 5 hours ago
Michelle Fields is an attention grubbing s-kank
.[FONT=Arial, Helvetica, sans-serif]Living in Exile.[/FONT], Victoria Canada, Canada, 4 hours agoJust another snot nosed reported looking for her 15 mnutes of fame. She lied, she incroached inside a safe zone operated by the secret service, she is lucky she was not shot. I seriously doubt that she has a civil case to bring to a court especially when the evidence presented to a public court did not stand up to scrutiny. Maybe she should just crawl back under the rock she belongs under.
.
A couple of starving vultures waiting to pounce on some road kill. It was the PC thing to do. Show your fake outrage without even looking at the facts or in this case the video.Cruz and Kasich Condemned an Innocent Man: Only Trump Stood by Lewandowski
Desperate times call for desperate measures I suppose.
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Trump's campaign manager Corey Lewandowski (left) and other members of the campaign staff watch Ted Cruz as he gives his withdrawal speech during a primary night news conference
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They congratulated each other as cheers rung out around the lobby of Trump Towers. They marked the moment Trump became the presumptive nominee for the Republican party
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Dan Scavino (second left), a senior advisor to Trump, hugs another campaign staff member as he celebrates with Lewandowski (second right looking down)
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Victory is sweet.
