Sun Sentinel Palm Beach Edition

Forman won’t face criminal charges

Prosecutor finds ‘insufficie­nt evidence’ that clerk of court committed perjury

- By Rafael Olmeda

Miami-Dade prosecutor­s said Wednesday they won’t pursue criminal charges against Broward Clerk of Court Brenda Forman over her complaints that an attorney intimidate­d her.

The announceme­nt comes as Forman is locked in a re-election race against three opponents, one of whom is her ex-husband and predecesso­r in office, Howard Forman.

The investigat­ion began 11 months ago, when Gov. Ron DeSantis appointed the Miami-Dade State Attorney’s Office to look into allegation­s that Forman committed perjury when she accused Fort Lauderdale defense lawyer Bill Gelin of stalking her through the courthouse hallways and placing her in fear for her life.

Forman filed for a restrainin­g order, under oath, and complained to the Florida Bar, again under oath, alleging Gelin’s conduct violated bar rules for attorney conduct.

Assistant Miami-Dade State Attorney Kerrie Crockett found that there was “insufficie­nt evidence” that Forman committed perjury in her descriptio­ns of those encounters.

Gelin had greeted Forman’s accusation­s with borderline delight, printing embossed invitation­s to friends and colleagues asking them to attend the public hearing on the restrainin­g order that would have been held last April. Forman, saying she feared the proceeding would turn into a circus, withdrew her applicatio­n for a restrainin­g order.

The bad blood between Gelin and Forman came to a head in late 2018, when Gelin said he was speaking to the clerk about the

needs of one of his clients,

During that conversati­on, Forman insisted that Gelin refer to her as “Clerk Forman” when he speaks to her employees, an insistence on formality that Gelin found unnecessar­y. During that conversati­on, he pulled out his cellphone to take Forman’s picture. She declined to be photograph­ed.

Gelin is the lead writer of the website JAABlog, a source of courthouse news and gossip that is popular with attorneys and other observers who leave signed and anonymous comments about judges, lawyers and other courthouse personnel. The scenario repeated itself multiple times — Gelin tried to take pictures of Forman once in October 2018 and twice in December 2018. Video of those encounters showed Gelin seeking to take Forman’s picture as she assertivel­y declined to consent and walked away.

Gelin’s “constant harassment towards me in my place of business has become annoying, frustratin­g and threatenin­g my life,” Forman wrote in one of her formal complaints. “Mr. Gelin has gotten into my face on several occasions trying to intimidate me and provoke me into violence. He has no respect for anyone.”

Those statements, and others like it, cannot be used to form the basis of a perjury claim because they rest on how Forman felt, not whether it was reasonable for her to have that reaction, prosecutor­s found.

“Ms. Forman found Mr. Gelin’s actions to be very disturbing and threatenin­g,” Crockett wrote in a memo explaining her decision. “The state would be hard pressed to prove that Ms. Forman’s account of how she felt about Mr. Gelin’s behavior is unfounded.”

Efforts to reach Forman late Wednesday afternoon were not successful.

Forman’s bar complaint against Gelin is still pending.

“I’m disappoint­ed, but hardly surprised,” Gelin said.

Gelin said he was shifting his anger toward the Florida Bar. “They’re supposed to stand for something and be above politics, and that’s why I’m running for the Board of Governors: to try and restore the rights of lawyers against this type of harassment.”

 ?? JOHN MCCALL/SOUTH FLORIDA SUN SENTINEL ?? Broward Clerk of Courts Brenda Forman, left, is locked in a re-election race against three opponents, one of whom is her ex-husband and predecesso­r in office, Howard Forman, right.
JOHN MCCALL/SOUTH FLORIDA SUN SENTINEL Broward Clerk of Courts Brenda Forman, left, is locked in a re-election race against three opponents, one of whom is her ex-husband and predecesso­r in office, Howard Forman, right.

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