Key witness in Greenberg consultant’s trial will testify, plead the Fifth on sex with minor allegation
A pivotal witness for federal prosecutors in the case against Michael Shirley, a former consultant of Joel Greenberg, will testify despite the witness not answering questions about him allegedly having had sex with a 17-year-old girl — a snag that caused the judge to schedule an early hearing on Tuesday before Shirley’s trial continued.
Warren Lindsey, an attorney representing Shirley, told a judge on Monday as the trial began that the witness, Joe Ellicott, a former radio host and friend of Greenberg’s, admitted to federal investigators that he had sex with a 17-year-old girl.
Shirley is accused of paying bribes to and taking kickbacks of hundreds of thousands of dollars from Greenberg, the disgraced Seminole Tax Collector, for favorable treatment from the tax office.
Before jury selection began, Assistant U.S. Attorney Amanda Daniels surprised the judge when she said Ellicott would invoke the Fifth Amendment of the Constitution so as to not incriminate himself if asked about the illicit activity in which he’s accused of engaging.
Key witness had sex with minor, defense attorneys allege in Greenberg consultant trial
Daniels argued that the case against Shirley is centered on fraud and that allegations against Ellicott are not relevant.
Ellicott was sentenced to 15 months in prison after he pleaded guilty to taking part in a bribery scheme with Greenberg. As part of his plea agreement, he must provide evidence and testify truthfully in federal court.
Lindsey disagreed with prosecutors, saying his alleged admission is an important point because Ellicott was not charged in connection with the illicit act and that he has an incentive to “please the government.”
On Tuesday, U.S. District Judge Gregory Presnell said he will allow Ellicott’s testimony and will allow Ellicott to invoke his Fifth Amendment rights in response to questions concerning the specific facts about the alleged commercial sex with a minor.
“It’s a fine line,” said Presnell, adding that he wants both the government and the defense to question Ellicott but does not want Greenberg’s former friend to incriminate himself. “He can live up to his bargain without incriminating himself.”
“There’s no reason to get into the facts of the sex with a minor claim,” Presnell said. “…What’s important is he may be subject to such a charge.”
According to an unsealed motion of departure from the government, Ellicott’s sentence was lowered, in part, because of his cooperation concerning “Florida public officials engaged in commercial sex … including with a minor,” Presnell said.
Shirley faces four counts of fraud and a charge of conspiracy to commit fraud. He has pleaded not guilty.
According to a grand jury indictment, Shirley got up to $466,625 from his scheme with the Seminole County Tax Collector’s Office under Greenberg in which Shirley and his company, Praetorian Integrated Services, submitted fake invoices for goods and services at inflated prices.
Ellicott is described in the indictment as a “co-conspirator,” who would take money that Shirley withdrew from a Central Florida bank and deliver it to Greenberg.
In December, Greenberg was sentenced to an 11-year federal prison sentence after pleading guilty to using taxpayer funds to have sex with a minor. Like Ellicott, he is required to provide evidence and testimony for prosecutors in other criminal cases.
Despite him appearing on the government’s witness list, Daniels said on Monday that she doesn’t “anticipate calling Joel Greenberg” to testify in Shirley’s trial.
However, Greenberg may still testify since his name is on the defense’s witness list.
Shirley’s trial will continue at 9 a.m.
