Vizzi v. State

501 So. 2d 613, 11 Fla. L. Weekly 2316
CourtDistrict Court of Appeal of Florida
DecidedNovember 4, 1986
Docket86-1934, 86-2071
StatusPublished
Cited by9 cases

This text of 501 So. 2d 613 (Vizzi v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vizzi v. State, 501 So. 2d 613, 11 Fla. L. Weekly 2316 (Fla. Ct. App. 1986).

Opinion

501 So.2d 613 (1986)

Carl VIZZI, Appellant,
v.
The STATE of Florida, Appellee.

Nos. 86-1934, 86-2071.

District Court of Appeal of Florida, Third District.

November 4, 1986.
Rehearing Denied December 19, 1986.

*614 Jack M. Denaro, Miami, for appellant.

Jim Smith, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and DANIEL S. PEARSON, JJ.

HUBBART, Judge.

This is an appeal from an adjudication and sentence for direct criminal contempt entered against an assistant public defender. The basis of the contempt conviction was an alleged disobedience of a trial court order by counsel, committed during the trial of a criminal case. For the reasons which follow, we affirm.

I

The facts relating to the contempt conviction are as follows. The appellant Carl Vizzi, an assistant public defender, was assigned, upon court appointment of the Public Defender, to represent Alberto Murillo who was charged by information with: (1) sexual battery, (2) kidnapping, and (3) false imprisonment, before the Circuit Court for the Eleventh Judicial Circuit of Florida. On July 29, 1986, a jury was empaneled, with Circuit Judge Amy Steele Donner presiding, and the case proceeded to trial.

The state and the defense presented opening statements to the jury. During the defense opening statement, Mr. Vizzi focused his argument on the character of the complainant:

"MR. VIZZI: She works at a peep show, exhibits her body, sells her body, get *615 tips. This is a woman who's trash, gutter filth.
MR. BAGLEY [prosecutor]: Objection, your Honor, to the character.
THE COURT: Sustained." (emphasis added).

The trial judge then requested a side-bar conference and admonished defense counsel:

"THE COURT: Number one, Mr. Vizzi, your characterization of the victim in this case is totally uncalled for totally and I don't want to hear it again."
(emphasis added).

Defense counsel resumed his opening argument and it proceeded as follows:

"You are going to see hopefully during cross examination the real Anna revealed, the person who sells herself for money, the person who exhibits herself, who works in this type of establishment, who made an arrangement with my client to sell her body for money. She is a whore, a two-bit whore.
MR. BAGLEY: Objection, your Honor.
THE COURT: Sustained." (emphasis added).

Defense counsel then concluded his opening statement.

The following day the prosecutor petitioned the court, outside the presence of the jury, to instruct Mr. Vizzi not to call the victim a prostitute again. The trial court ruled, based on its interpretation of the Rape Victim Shield Statute [§ 794.022, Fla. Stat.(1985)], that Mr. Vizzi was not permitted to attack the character of the victim by (a) delving into the prior sexual behavior of the victim, except as to any prior sexual activity the victim may have had with the defendant, or (b) calling the victim a prostitute, whore, or words of similar import, although it could be shown that the victim had previously taken money from the defendant for sexual favors. Mr. Vizzi, it is fair to say, strongly disagreed with the court's rulings on these points, but was unsuccessful in persuading the court to change its position thereon.[1] These rulings *616 eventually became the predicate for the contempt conviction under review.

The complainant in the case on trial then took the witness stand before the jury. She testified that she worked as a striptease dancer at a club named "Live Peeps" in Miami, Florida. She would dance completely nude in an arena for fifty cents and in a private viewing booth for five dollars a customer. She stated that she was paid by tips, that she was not allowed to ask customers for money or to have any relationships with customers, and that customers were not allowed to touch the dancers. She claimed that the defendant Murillo, a perfect stranger, came to the establishment in question one morning, that she proceeded to a private room to change her clothes, that she conversed with Murillo about "many things," that she later voluntarily left with him to have a cup of coffee, that they drove and talked in his vehicle for two hours, that they stopped in a park where she performed an act of oral sex on him against her will, and that she then took a taxi back to "Live Peeps" without reporting the incident to anyone, although eventually she complained to the police.

Mr. Vizzi, on cross examination, attempted to establish that "Live Peeps" was, in fact, a house of prostitution, that the complainant was an exhibitionist-prostitute, and that her husband (who worked at "Live Peeps") was a voyeur who got sexual gratification when she took her clothes off at "Live Peeps," but became very angry when she engaged in acts of prostitution with the customers. This was done in support of an overall defense theory that the complainant had falsely accused the defendant of a forced sex act in this case in order to avoid the ire of her husband when he found out she had gone off with the defendant. The defendant later gave testimony that no sexual act had taken place on the date in question, that he previously had sex with the complainant but refused to pay for it, that she had threatened to expose him to his wife unless he paid, and that he had come to "Live Peeps" that day to talk her out of the alleged blackmail threats.

Mr. Vizzi, accordingly, cross examined the complainant as follows:

"Q. Isn't this place a front for prostitution?
MR. BAGLEY: Objection; this is irrelevant, Judge.
THE COURT: Sustained.
... .
BY MR. VIZZI:
Q. Isn't it true that girls that work at Live Peeps will often take coffee breaks to do things with the customers who liked how they danced and liked their body —
MR. BAGLEY: Objection.
Q. — and wanted to do a little bit more with them that could be done in those rooms where you work?
Isn't it true that that happens all the time?
MR. BAGLEY: Objection; improper question. It's a compound question and furthermore its irrelevant.
THE COURT: Sustained."

Later, he engaged in the following cross examination of the complainant which led to his contempt conviction:

"Q. Isn't it true that your 19-year-old now-husband doesn't like you to work *617 after hours doing extra things other than work at Live Peeps?
MR. BAGLEY: Objection, your Honor; that's irrelevant.
THE COURT: Sustained. Move on, Mr. Vizzi.
BY MR. VIZZI:
Q. Isn't it true that your husband is a voyeur and you're an exhibitionist and he doesn't like it to get any further than that. He gets sexual gratification when you take your clothes off, but he gets very angry when you perform tricks with customers?
MR. BAGLEY: Objection.
THE COURT: Come to side-bar, Mr. Vizzi.
... .
THE COURT: Michell, at this time I'm holding Mr. Vizzi in contempt of court.

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Bluebook (online)
501 So. 2d 613, 11 Fla. L. Weekly 2316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vizzi-v-state-fladistctapp-1986.