Young lawyer: Judge wanted to embarrass me

TAMPA — A young Tampa lawyer defended his reputation Wednesday, saying a Hillsborough judge who accused him of providing ineffective counsel to a suspect in a murder did so to embarrass him.

Attorney Byron T. Christopher also said he tried earlier in the case to withdraw as David Rolon's attorney because his client wasn't paying and he had no money to hire experts for the defense. But another judge denied his request.

On Monday, with the trial over and his client convicted of second-degree murder, presiding Circuit Judge William Fuente took the extraordinary step of ordering a new trial, saying Christopher hadn't rendered effective legal assistance.

"I feel like he wanted to embarrass me," Christopher, 30 , said of the order. "I feel like I got railroaded."

Now the Florida Bar intends to question Christopher about Fuente's order.

Kenneth Marvin, director of lawyer regulation for the Florida Bar, said they'll ask Christopher to respond to the accusation.

"It's hard to make a decision without getting both sides," he said.

Christopher has heard from the Florida Bar before.

At least five former clients complained after he withdrew from their cases over money disputes, he said. No grievances have been filed on his record, according to the Bar.

Fuente has ordered a new trial for Rolon, 41, who stands accused of fatally shooting his Sulphur Springs neighbor during a March dispute over a parking space. Rolon faces 25 years to life in prison.

Pam Bondi, spokeswoman for the Hillsborough State Attorney's Office, said prosecutors won't appeal the judge's order.

Christopher said Rolon found him through word of mouth, which is how he said he gets 98 percent of his clients.

"I'm an excellent attorney," he said. "But when you can't put on a defense, what can you do?"

He said Circuit Judge Ronald Ficarrotta denied a request to withdraw from the case after Christopher complained Rolon paid only 25 percent of what he owed.

Christopher said he spent 40 hours preparing a defense for Rolon, but Fuente ruled it inadmissible just before the Dec. 3 trial began. Despite the setback, Christopher said he "gave 110 percent" to Rolon's case.

Fuente noted in his order that Christopher told jurors he had spent less than five minutes reviewing Rolon's testimony before putting him on the witness stand. Christopher said he did so to show that Rolon hadn't been coached on what to say.

Alternate juror Delores S. McCain told the St. Petersburg Times that it appeared Rolon had poor legal representation. She said Christopher fumbled with his notepad and his questions seemed to confuse the defendant.

"I think the jury's perception of me was based on the way the judge was treating me," Christopher said.

He said Fuente overruled every objection he made and didn't allow him to introduce evidence he thought was key for jurors to hear. For example, Christopher said, he tried to introduce evidence that the shooting victim, Mario Robinson, was a gang member. But the judge wouldn't allow it.

"You can imagine being 29 years old and having a guy's life in your hand, and the judge doing everything possible not to get your evidence in," Christopher said.

If his client had paid, Christopher said, he would have used the money to hire expert witnesses.

Regarding the lack of post-trial motions, Christopher said he didn't want Fuente to have to rule on them.

"I should have filed a motion to disqualify him … based on his behavior toward me throughout the whole trial," Christopher said. "I didn't. I'm a new guy on the block and I didn't want to make any enemies."

Asked how he plans to recover from what has been a public humiliation, Christopher said, "I don't know.

"I'm just starting my career and it seems like this ruined it."

Kevin Graham can be reached at kgraham@sptimes.com or (813) 226-3433.