Lawyer requests new prosecutors in 2019 battery case
The attorney for an Orlando police officer facing battery charges wants the case handed over to different prosecutors, arguing the Orange-Osceola State Attorney’s Office is “unable to remain objective and pursue the goal of justice.”
The officer, Frank Sikos, was indicted in January on three misdemeanor battery charges after body camera video showed him shoving and choking a man before arresting him in 2019.
Prosecutors dropped the charge against the man — resisting an officer without violence — about two months later.
A motion filed Wednesday by Sikos’ attorney Jacob Stuart claims the State Attorney’s Office is “prohibiting the Defendant from preparing an adequate defense for the trial.”
The agency is trying to block the defense from interviewing the prosecutor who handled the case against the man Sikos is accused of choking.
Stuart also accused the agency of using Sikos’ prosecution to help Chief Assistant State Attorney Deborah Barra “seek publicity” in her run for state attorney. Barra is seeking to replace her boss, State Attorney Aramis Ayala, who isn’t seeking re-election.
The State Attorney’s Office did not immediately respond to a request for comment.
“This is not a matter whereby just one prosecuting attorney can be removed from the handling of this matter in order to ensure justice,” Stuart wrote in the motion. “The entire SAO must be recused due to the direct impropriety, the obvious appearance of impropriety, and prejudice shown by the SAO against Defendant during the two cases discussed herein.”
Sikos, who’s been an OPD officer for roughly 20 years, arrested 28-year-old Bennett Robinson Sept. 8 after Robinson was seen in early morning hours trying to get into a construction site north of downtown Orlando.
In an arrest report, Sikos wrote that Robinson was visibly intoxicated and “became angry” when officers explained that he was being investigated for burglary.
Sikos wrote that he “feared the Defendant was going to batter” him, so he told Robinson to “stand back.” Robinson ignored the command, so he pushed Robinson away, which caused him to fall as he stepped back, Sikos wrote.
He said Robinson continued resisting while being handcuffed.
The affidavit failed to mention that Sikos had placed placing his hands around Robinson’s throat and held him to the ground, which was recorded by his body-worn camera.
In a motion filed this month, Stuart asked to depose the prosecutor on that case, Taylor May, saying records indicated May spoke with Sikos following her decision to drop the charge against Robinson. Without the full context of the conversation, Sikos’ attorneys can’t move forward, Stuart argued.
Prosecutors appealed the judge’s decision to grant the deposition. Stuart called the appeal “a simple delay tactic.”
“The SAO can give no legal or rational basis for wanting to block the deposition of Ms. May except that they are attempting hide from the Trial Court and Defense the truth,” Stuart wrote.
He also claimed in the filing the State Attorney’s Office purposely placed prosecutor Kelly Hicks on Sikos’ case to help boost Barra’s popularity.
“[T]he SAO has developed a reputation in the community, and in the local and national press, for being anti-establishment and anti-law enforcement,” Stuart wrote. “…[T]his would be in alignment with Ms. Hicks (a senior assistant state attorney) handling a misdemeanor case to help garner her manager, Ms. Barra, a more positive light with voters with the upcoming election.”
In the motion, Stuart also accused the State Attorney’s Office of leaking Sikos’ indictment to the press before the officer was served with it.
He said the agency acted “in bad faith” and asked the judge to rule on the motion before addressing the state’s appeal. A circuit judge on Friday granted that request.
“The purpose of the SAO is to seek justice,” Stuart wrote. “In order to accomplish that, the main goal of any prosecution is to seek the truth, rather than win any particular case for the sake of victory or political gain in an election year.”