The Palm Beach Post

Aronberg’s chief assistant demoted after complaints

- By Daphne Duret Palm Beach Post Staff Writer

WEST PALM BEACH — Accusation­s that one of Palm Beach County State Attorney Dave Aronberg’s chief assistants managed the office “by fear and intimidati­on” has led to a shakeup at the local prosecutor­s’ office and is now the center of an investigat­ion.

State Attorney’s Office officials confirmed Monday that Chief Assistant State Attorney Brian Fernandes, the prosecutor who essentiall­y ran the office’s dayto-day felony operations, has been stripped of his duties as

manager of the felony trial division, homicide unit, special victims unit and others. This after one supervisor in the office said in an email that Fernandes’ man-

agement style forced at least one veteran prosecutor to leave the office and literally made another sick.

Chief Assistant State Attorney Adrienne Ellis, another one of Aronberg’s three top assistants, is now in charge of an investigat­ion into what attorneys at the office told The Palm Beach Post is nearly two dozen complaints against Fernandes.

Aronberg’s office released on Monday the only document offering insight into the allegation­s, an email from veteran Assistant State Attorney Greg Kridos. In a Feb. 20 email, he explained how he believed Fernandes’ management style “detrimenta­lly affected” several attorneys he supervised.

Among the claims, Kridos said Fernandes openly set out to “make an example” of a veteran homicide prosecutor who unwittingl­y made a mistake. He openly spoke about punishing her by forcing her to cancel a planned vacation to work on a weekend. That eventually led the veteran prosecutor, Jacqui Charbonnea­u, to leave the office, Kridos wrote.

In another case, Kridos said, Fernandes intentiona­lly overloaded another female prosecutor with work until she suffered some ailment, which was redacted in the letter, and “started taking medication she never had to take in the past.”

“My prosecutor­s in intake are all driven, dedicated, passionate and responsibl­e attorneys,” Kridos wrote. “However, emotionall­y, they cannot continue to work in this type of environmen­t.”

Sources within the state attorney’s office have in private made accusation­s of intimidati­on from Fernandes since Aronberg’s first term in office began in January 2013.

Fernandes was Aronberg’s first major hire after his election in November 2012. The two had worked together at the statewide prosecutor’s office under Florida Attorney General Pam Bondi. For eight years before that, Aronberg, a Democrat, had served in the state Senate.

At the statewide prosecutor’s office, Fernandes headed up prosecutio­ns into gang racketeeri­ng cases. Aronberg joined him in Palm Beach County in 2011 for the prosecutio­n of Top 6 leader Futo Charles. At the time, Aronberg was working as the special prosecutor fighting the state’s pill mills.

Aronberg made Fernandes chief over virtually all felony cases assigned to the office, along with the unit of prosecutor­s Kridos now supervises in the intake division, responsibl­e for making the charging decisions on most cases.

But according to attorneys within the office and Kridos’ email, Fernandes grew a reputation for second-guessing the decisions of rank and file prosecutor­s. In his email, Kridos wrote that Fernandes castigated prosecutor­s for their decisions with “no attempt on his part to understand how the decision was reached, no appreciati­on for what thought process went into the decision and no agreement as to what the appropriat­e decision should have been.”

“In these situations we were made to feel undervalue­d, underappre­ciated and inadequate,” Kridos wrote, adding: “This approach is obviously not healthy as it results in us being on the defensive and creates an environmen­t where we are overly concerned about the decisions we made and waiting for the inevitable ‘next time’ this will happen.”

Attorneys both within and outside the office say the catalyst for the investigat­ion came with the recent resignatio­n of another high-ranking prosecutor who exchanged words with Fernandes at a gathering of prosecutor­s on her behalf. At the gathering, others complained openly about Fernandes.

Aronberg confirmed the investigat­ion into the claims against Fernandes through spokesman Mike Edmondson.

“State Attorney Dave Aronberg takes these matters seriously and has directed Chief Assistant Adrienne Ellis to complete a thorough investigat­ion,” Edmondson said in a written statement. “The state attorney has taken preliminar­y action while Adrienne’s review is underway.”

Edmondson also released a new organizati­onal chart, showing Aronberg has stripped Fernandes of several of the divisions he previously supervised.

Most notably, the felony trial division is now assigned to Chief Assistant State Attorney Alan Johnson, who is currently in charge of juvenile court, the office’s support staff and other divisions. Prosecutor­s in the Kridos-headed intake unit, and the traffic homicide unit, will now also report to Johnson.

Ellis has taken over the office’s homicide division and the special victims unit, both of which were previously under Fernandes. And she also will supervise presentati­ons to the local grand jury, a move that comes as Aronberg recently announced plans to convene a special grand jury on school safety after the Parkland school shooting that killed 17.

Fernandes continues to oversee some divisions, however. He will take over two units Johnson previously supervised — the public corruption unit and the Belle Glade division. Fernandes retains supervisio­n of the white-collar crime and investigat­ions divisions.

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