Sun Sentinel Broward Edition

Suspended bailiff asks for bail

Conflict moves case to Broward

- By Rafael Olmeda Staff writer BAILIFF, 2B

A suspended Broward bailiff accused of attacking a prostitute last month wants an appeals court to order a bond hearing so he can get out of jail.

KendrickBu­sby, 45, is being held in Miami-Dade County on a charge of attempted felony murder, which carries a maximum sentence of life in prison. Busby was originally arrested March 14 on suspicion of attempted seconddegr­ee murder, entitling him to a $30,000 which he posted.

But last week, MiamiDade prosecutor­s upped the charges before announcing a conflict of interest. Miami-Dade State Attorney’s Office spokesman Ed Griffith said Tuesday that Busby has a relative working in the prosecutor­s’ office.

Busby is also charged with sexual battery and aggravated battery with great bodily harm.

Thegoverno­r’s office will need to appoint a prosecutor from another jurisdicti­on to handle it, and until a new prosecutor is appointed, Busby cannot get a hearing to determine

bond, he should be released on bond under the new, more serious charge.

Miami-Dade Circuit Judge Yvonne Colodny ordered Busby held without bond and told him he needs to wait for the governor to act, which could take up to threeweeks.

Defense lawyer Elias Hilal cried foul, arguing to the Third District Court of Appeal that his client should not have to wait just because prosecutor­s “jumped the gun” by upgrading the charges when they had a conflict.

“Their conflict existed before the upgraded charges were filed,” Hilal said Tuesday. “The new charges should be nullified. Mr. Busby should be released under the conditions of his initial bond, and if the new prosecutor wants to upgrade the charges, we can argue about a new bond at that time.”

The appeals court is giving the Florida Attorney General’s Office until 2 p.m. Thursday to respond to Hilal’s demand for a bond hearing or for Busby’s release. The Attorney General’s Office said it is not involved in the case and referred questions to the governor’s office. Defendants charged with who crimes are punwhether

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