The problem is that the event did happen and once Mr. Codina found out, he said the prosecutor had mislead him...
"You told me there had not been an event," Codina told Scruggs. "You told me that the charity was a fake and that she had used the money as her own piggybank...that no event had taken place and that she had pocketed the money."The prosecutor went ahead and based his case against Spence-Jones on this flawed testimony from Mr. Codina, while several other people have written about the first part of the deposition where Mr. Codina confronts the prosecutor for misleading him, no one has mentioned anything about Mr. Codina's cross examination by Spence-Jones defense attorney Peter Raben, take a look for yourselves...
Q. My client has been charged with grand theft in that acquiring $12,500 contribution from you in March has been charged under the Florida statute saying it was a theft. As you sit here today, do you believe that you were the victim of a theft by my client?Can it get any clearer than that?
Q. Okay, do you believe that you donated money or you made this contribution as a result of fraud, a willful misrepresentation or false premise by my client?
A. I made the contribution because of what was on that e-mail, and as I know it today, my money was deposited at the Dade Community Foundation, so I would have to say no.
THE WITNESS: I said, as I know today, the money was deposited in the Dade Community Foundation, so I would have to say no, I don't think that I was defrauded.Just in case it wasn't clear enough!
Q. When you say you think you were defrauded at one time, is that based upon the statements that were made to you by Mr. Scruggs when you met with him?
A. Yes, sir.
Q. Okay, and in terms of what the money was going to be for, would you agree that it was an unrestricted gift to the charity to be administered at the discretion of the Dade Community Foundation?
A. Yes. If Dade Community Foundation deemed it to be a legitimate charity, I'm perfectly okay with that. I can't replace my judgment for theirs.
Q. You trusted their judgment?
A. Yes, I trust them. I trust the Dade Community Foundation to a large degree.
Based on the testimony we just read, where does that leave the states case against Spence-Jones? If indeed the testimony Mr. Codina originally gave was obtained by the prosecutor lying and misrepresenting the facts that lead up to her arrest then it seems to me there's nothing left.
Let's see what the jury thinks...