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Call for special prosecutor in possible DUI set-up of Phil Campbell

9:45 PM, Aug 1, 2013   |    comments
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Video: Call for special prosecutor in possible DUI set-up

Charles Philip Campbell's 2013 mug shot for his DUI arrest
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Tampa, Florida -- Calling it a festering scandal, Attorney John Fitzgibbons is calling for a special prosecutor to investigate the apparent DUI set-up of attorney Phil Campbell, one of the lawyers in the Tampa Shock Jock Trial of Bubba the Love Sponge Clem and Todd MJ Schnitt.

A state attorney investigation concluded Campbell who was arrested during the trial was set-up by opposing counsel and the Tampa Police Department.

SEE ALSO: DUI charges against Attorney Phil Campbell dropped

"This thing stinks," Fitzgibbons says.

He says the report done by Pinellas State Attorney Bernie McCabe is "a blistering condemnation of the conduct of police officers and lawyers with the Adams and Diaco law firm".

Because it's been six months since the incident and Tampa Police Sgt. Ray Fernandez who was a close, personal friend of one of the attorneys in the Adams and Diaco firm was told Campbell would be driving drunk that night. 

CAUGHT ON CAMERA: Phil Campbell DUI arrest
READ: Campbell's arrest report (PDF)

In reality, he was going to walk to his condo across the street when he was encountered a paralegal from the firm who begged him to drive her car because she was too drunk.


Although, Fernandez was moved out of the DUI squad, he has received no discipline. Fitzgibbons says a special prosecutor needs to be appointed. 

"It's also clear the Tampa Police Department is incapable or unwilling to investigate the unit itself," he says.

While Fitzgibbons blasted the department, Tampa Police Chief Jane Castor says the department is working with the FBI. An internal affairs investigator has been assigned to work with them and, once the federal investigation is finished, the department will do its own investigation if needed.

As for the attorneys involved Fitzgibbons says, "My strong personal feeling is when this case is done some people should no longer have "lawyer" after their name.

And while Fitzgibbons wants the lawyers involved to be disbarred the odds are against it happening.

Since 2007, the bar investigates an average 680 cases a year against attorneys with about 52 percent resulting in discipline. Of those who are disciplined, an average of 82 attorneys are disbarred each year -- that's about one in 1,000 attorneys in the state of Florida. 

However, at this point, Fitzgibbons is directing his anger toward the Tampa PD saying, "It's now a scandal that is festering and we have, virtually nothing from the Tampa Police Department."

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