DeFede Columns

KEY WEST (CBS4) ― A storm is heading for Key West this week unlike any residents of this town have seen for some time. On Monday, as children throughout the Florida Keys head off for the first day of school, jury selection will begin in the public corruption trial of Monroe County School Superintendent Randy Acevedo.

On Friday, Acevedo appeared in court to demand that his trial move forward – even though some of the charges were filed less than two weeks ago.

Acevedo – the popularly elected school superintendent who was removed by the Governor when the initial charge was brought back in June – is accused of trying to cover up his wife's alleged theft of school district funds while she was in charge of the district's adult education program.

Monique Acevedo is facing multiple counts of grand theft and fraud. Prosecutors allege she stole more than $180,000 in school district funds and used a school district credit card to run up a host of personal charges including buying a set of bar stools, a chandelier and several silk ties. A fifteen year veteran of the school district, she resigned earlier this year and her trial is scheduled for October. She faces up to 30 years in prison.

But Randy Acevedo – who stood by his wife's side when she was arrested – has steadfastly refused to waive his right to a speedy trial and is vowing to not only win but to return to work running the school system.

In the meantime, Gov. Charlie Crist finally appointed an interim superintendent Friday, selecting a former Miami-Dade teacher and administrator, Joseph Burke.

Burke will have his own set of challenges, including cleaning up a district which auditors found to be rife with abuse. Several top officials, who failed to catch or report Monique Acevedo's alleged thefts, are facing an uncertain future.

Randy Acevedo, who was elected to his second four-year term in November, is hoping Burke's tenure will last only a few days.

Acevedo's trial promises to be no more than two or three days once a jury is selected. But the intrigue and gossip surrounding the case is its own soap opera. Call it "As the Keys Turn."

How else would you describe a storyline where a powerful elected official stands trial for what essentially are his wife's crimes; where school board members who have long battled with the superintendent see this as their chance to seize power from him; and a prosecutor, recently elected on a pledge to root out corruption, is now facing his first real test in a case that is far from certain.

Because of the unique nature of the Florida Keys, the jury for Acevedo's trial will be selected entirely from Key West – where Acevedo is extremely popular. Both sides agree this presents a distinct advantage to Acevedo and is one of the reasons he is feeling confident enough to push forward with a trial.

The judge in the case has set aside three days for jury selection and prosecutors may try to force a change of venue if they start running into trouble picking neutral jurors.

Prosecutors have other hurdles in their case, as well.

First, they may have a hard time proving Acevedo knew that his wife of 21 years was stealing district funds. While some of the items she bought with the district credit card benefitted him as well – the home furnishings, plane tickets and silk ties – he is expected to say he didn't know they were bought with district funds.

On a handful of occasions, finance officials went to Acevedo to say his wife had misused her district credit card, but in some of those cases Randy Acevedo simply wrote the district a check covering the charges and in others he asked for more documentation.

Prosecutors will contend that Acevedo's actions and attitude made it clear to the district's finance officials that he wasn't interested in his wife's misdeeds and that they should just bury them. They will also point to a letter Acevedo signed to state auditors saying he was unaware of any problems when in fact he had been briefed by the finance department about their concerns.

They also accuse him of forging a letter from an education group and giving it to school finance officials to justify his wife's purchase of XM Satellite Radio services.

But even if a jury believes Acevedo tried to protect his wife, will they want to convict him of official misconduct – a felony that carries a maximum of five years in prison? All it would take to create a hung jury is for one juror to believe that Acevedo was simply doing what any self-respecting husband would do in the same situation.

Another concern is the rumor-mill in this small town. Will some jurors buy into the theory held by some that Acevedo's prosecution is politically motivated and is being pushed by a faction on the school board that wants Acevedo out?

The investigation and eventual charges against Monique and Randy Acevedo have left the school district largely paralyzed. Unlike Miami-Dade and Broward counties where the superintendent is appointed by the school board, in Monroe County the superintendent is elected. As a result school board members are limited regarding the actions they can take. For instance, the school board cannot fire Acevedo. The only way Randy Acevedo can be permanently removed is if he is convicted.

Likewise, many of the administrators who either turned a blind eye to what was happening or who failed to follow district policies have remained in their jobs.

During Friday's hearing, Circuit Court Judge Mark Jones sought some sort of compromise. He asked both the prosecutor, Mark Wilson, and Acevedo's defense attorney, Catherine Vogel, why they hadn't discussed the possibility of a plea.

Prosecutors said they didn't think Acevedo was interested in one. And the defense attorney said Randy Acevedo wanted his day in court. (Acevedo's attorney, Catherine Vogel, is a former assistant Miami-Dade state attorney who gained notoriety back in the Nineties as the prosecutor in the Baby Lollipops murder case.)

But the judge's question on Friday may prompt more discussion between the two sides over the weekend. One possibility that would seem obvious is to allow Acevedo to either plead to a reduced charge or defer prosecution entirely in return for Acevedo agreeing to resign immediately as superintendent and agree not to run again.

It may not be the most compelling end to this chapter in the ongoing soap opera but it would probably be in the best interest of everyone involved.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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