Yesterday (Sept 21), Judge Melissa Souto determined that two competency evaluations of Mitch NEEDELMAN (68), former Brevard County Clerk of Courts, indicated that he was unable to participate in his own defense and agreed that he was legally incompetent to stand trial.

 

This ruling means that the State cannot proceed with prosecution of Mr. NEEDELMAN unless he regains competence within five (5) years of yesterday's ruling. Should that not happen, the case must be dismissed.

 

Based on the information contained in the reports of Dr. Jeffrey Danzinger and Dr. Kathy Oses, NEEDELMAN did not require involuntary confinement in a state mental health facility, and will undergo treatment as an outpatient. Reports of his participation and progress will be made to the Court, Defense, and State.

 

In a statement State Attorney Phil Archer said, "I'm disappointed in this development as it means Mr. NEEDELMAN will avoid, at least for now, being held to account for crimes he committed in office and in violation of the public trust." He went on to add, "Our criminal justice system should strive to protect the rights of anyone accused of a criminal offense. However, Mr. NEEDELMAN continues to be the beneficiary of a very fortunate share of that protection. We will be monitoring his treatment carefully."

 

NEEDELMAN was found guilty of bribery, conspiracy to commit bribery, bid tampering and official misconduct in October of 2017, however, allegations of possible juror misconduct surfaced immediately after the conviction. A subsequent inquiry by the Court confirmed some members of the jury had engaged in inappropriate conduct resulting in Circuit Judge Marlene Alva's order for a new trial on all charges March 9, 2018. Then Florida Attorney General Pam Bondi appealed the ruling, conceding the juror conduct did warrant a new trial on the bribery counts, however the Court exceeded it's discretion in ordering a new trial on the counts of bid tampering and official misconduct as there was no evidence those convictions were affected. The Appellate Court did not agree, upholding the ruling of Circuit Judge Marlene Alva.

 

The State began preparing to re-try NEEDELMAN on all four of the original felony counts, when his attorneys filed a motion to establish his compentence to stand trial on March 10, 2020.