Florida Appeals Court Considering His Indefinite Hold. Public Defender: The State Made Up Its Case.
BY: ANDREW COLTON | Editor and Publisher
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — The public defender representing Chirag Patel, the Whispering Pines Elementary School parent accused of “voyeurism” and “burglary,” says the West Boca Raton man must be released from his indefinite hold. The demand comes in a filing set to be considered by Florida’s 4th District Court of Appeals. A decision could be made at any time.
Patel was arrested in late August after he made a series of perceived threats against Whispering Pines Elementary School through Facebook posts, and constantly posted Anti-Semitic comments. His arrest had nothing to do with Whispering Pines or Anti-Semitism — it was solely based on claims of a PBSO Deputy who said he witnessed Patel peeping in a window after police received an anonymous tip. And that’s the problem, according to Patel’s attorney. Following his arrest, police obtained a “mental health hold” against Patel, while prosecutors said there’s a “nexus” between Patel’s social media activity and the charges actually filed against him.
Public Defender Carey Haughwout says connecting those dots to hold someone indefinitely is absurd. She says that the State of Florida is merely accusing Patel of “intent” but not an actual crime. Here’s part of what Haughwout wrote in a response to an appellate court filing by prosecutors. We note that prosecutors have kept their filing — arguing that Patel’s indefinite hold is warranted — private:
“Given that the State did not suggest any other potential offense that Patel may have intended to commit, it appears that the State is arguing Patel had the intent to commit voyeurism or video voyeurism regardless of whether he actually had any lewd intent. This is nonsensical. It simply does not make sense that someone could have the requisite intent to commit an offense that requires a lewd intent without that initial intent also being lewd.
The State claimed in its response that “[Patel] erroneously argues that the State did not provide evidence of lewd intent. However, it did not point to any of this evidence, direct or otherwise, that was supposedly put forward (presumably because it does not exist) and instead cited to Dennis v. State, 338 So. 3d 279, 282 (Fla. 4th DCA 2022), to support its nebulous assertion that “intent is rarely, if ever, proven by direct evidence.”
The State did not prove by a substantial probability that Patel intended to commit voyeurism, video voyeurism, or any other offense. Therefore, the trial court’s decision to grant the State’s motion for pretrial detention makes Patel’s continued detention unconstitutional and remand is required for the trial court to set reasonable bond conditions.”
Patel’s actions infuriated parents of students at Whispering Pines Elementary where he is also accused of screaming Anti-Semitic statements to school employees. Patel has a child in the school. A group of parents, seemingly inaccurately citing the largely-struck down “Marsy’s Law,” claimed they were truly the victims and hired an attorney in an effort to keep Patel in custody. The parents — who live in some of the wealthiest neighborhoods in Palm Beach County — turned to GoFundMe to raise funds for the lawyer who appeared on their behalf at a hearing conducted by Zoom in early September. Even though it’s unclear what these parents are victims of, a Palm Beach County judge in early September ordered Patel be held without bond.
Palm Beach County State Attorney Dave Aronberg issued this statement: “This defendant was a danger to the community. That’s why we asked for him to be kept behind bars pending the trial … you have someone out there making specific threats against Jewish families … you have to take it seriously.”
A motion hearing is set for October 10th where it’s expected Patel’s public defender will again seek his release. The appellate court filing is separate. Justices could order Patel’s release before the Palm Beach County hearing next week. Read our previous Chirag Patel coverage here.
