Tampa Tribune, March 20, 1963
The bribery charge against Eugene Licata was dropped yesterday but the trial of three other bribe charges against the former State Barbers’ Sanitary Commission member got under way in criminal court amid flare-ups of temper and the promise of a grand jury probe of possible perjury. Licata, 45-year-old suspended board member who runs a barber shop at 315 Madison, is charged with accepting $150 bribes from three prospective master barbers for helping them pass their barber examinations. He was first indicted by the county grand jury last October for receiving bribes from four prospective barbers. But yesterday just before the trial was scheduled to begin, one of the alleged victims—Francisco B Hernandez of 1014½ 12th Ave. —apparently changed his testimony and the case was dropped.
“The testimony of Hernandez is now diametrically opposed to what it was before the grand jury,” said Asst. State Atty, Larry Stagg. State Attorney Paul B. Johnson said he would present the two versions to the grand jury when it meets Tuesday for a possible perjury charge against Hernandez. Hernandez, who speaks no English, has been called as one of the witnesses for Licata. The trial, which resumes at 9:30 am before Judge Walter N. Burnside Jr., is expected to last through tomorrow. If convicted, Licata would face up to 10 years in prison on each of the three charges against him.
Paul Antinori Jr., who represents the suspended commission member, said in an opening statement to the siz-man jury that he would convince them “Licata couldn’t possibly have received the bribes he is accused of taking.” Antinori who has also filed a $100,000 slander suit for Licata against a Miami barber college operator, said he would show that Licata was the victim of a “scheme to dig up dirt against him” and that the charges against him “stem from felonious lies.”
Asst. State Atty. Stagg then called Salvatore Saline of St. Petersburg, a barber who testified he gave Licata $150 about a week before he took his barbering test last April and “understood” Licata would help him pass it.
“He told me to write in the answers on the test very lightly,” said Salino. “I can’t say for sure what the money was for, but I imagined he would see to it that I passed the test.” When he was cross-examined by Antinori, the St. Petersburg barber got angry on the stand and admitted he had gone to Licata’s shop later and told him that he had “passed the test on his own.” He wouldn’t agree with Antinori ,however, that he had also said he’d never paid Licata anything. Salino, glaring at Antinori, said nothing for a moment and then hunched forward in the witness stand and said: “If you try your fast talk on me, Mac, you won’t get no place. You’re just trying to get me hot.” —“Get you hot!” exclaimed Antinori “Didn’t you warn me out there in the hall not to make you lose your temper?” Saline said nothing. He continued to glare at Antinori. “Didn’t you?” repeated Antinori, “In front of all those people out there in the hall, didn’t you warn me not to get you hot or you’d get me?” “I didn’t say I would get you”. “Didn’t you say…” “How could I get you,” said he barber, “when you’re so much bigger than I am?” Salino is about five feet tall, Antinori about six-feet-one.
Saline said he didn’t want to get “implicated” in the grand jury investigation. But he was involved anyway, he said, by Stephen Yovino, manager of the Tampa Barber College. That college is owned mostly by Belvin Friedson of Miami, who was subpoenaed for the defense by Licata and whom Licata has sued for slander. Jurors are: Char1e W. Boothe, 5607 N. MacDill; Fred P. Hancock, 811½ E. Curtis; Paul A. Jordan, 3417 Beach Dr.; Chester F. Wood, of Plant City;
Tampa Tribune, December 19, 1962
Tempers flared and State Attorney Paul B. Johnson said he was “shocked” by another attorney’s conduct yesterday as the state’s key witness decided not to take the stand in the first-degree murder trial of Alphonse Brown. Brown, 20-year-old Negro on trial for his life, is charged with being one of three Negro youths who killed a 52-year-old West Tampa storeowner while they were robbing him last July. Harry (Pancho) Witherspoon, 20, who is serving a life sentence at Raiford for the same crime, was brought to the trial as a “surprise witness” but balked at the last minute when his attorney advised him not to talk.
“I’m shocked at Paul Antinori Jr. (Witherspoon’s attorney),” said Johnson. “Only the day before he had (Antinori) asked the court to allow him to withdraw from the case.” Antinori, who burst into the nearly empty courtroom charging Johnson was “brow beating” his client, said: “And I’m shocked by the methods used by the state attorney. I’m so shocked that I will now appeal the case of Harry Witherspoon. I’ll file the notice for appeal as quickly as I can.
“They had him locked in the grand jury room, your honor, and I had to get a key to open it,” said Antinori. “When I did get it open, there was Mr. Johnson standing over my client and brow beating him.” “He said that I was not doing right by him.”
“All that I’m trying to get at is the truth.” said Johnson. “He told me the truth about it earlier and I just want him to say it from the stand now. At one point in the argument, Everett Q. Jones, representing Brown, groaned under his breath: “I’ll never underestimate the state attorney’s office again.”
“I’m just glad I’m not one of them,” he said. Jones, however, is associated in private with two of Johnson’s partime assistants. Circuit Judge I. C. Spoto, who had to call down Johnson and an assistant state attorney several times during their arguments, finally called Witherspoon into the courtroom and asked him if he wanted to testify. The Negro, lounging against the bar rail around the empty jury box, shook his head slowly and said softly: “No, sir.”
“Are you sure you don’t want to testify, Harry?” the judge asked him. “Yes, sir.” “That’s definite, then,” said the judge. “He doesn’t have to testify.” Johnson then offered Witherspoon immunity (from self-incrimination) and turned to Witherspoon for an answer.
“We don’t accept your offer,” said Antinori. Johnson’s assistant, John Lawsen, leaped to his feet and shouted: “Let the record reflect that his (Witherspoon’s) counsel wasn’t even consulted!” “I don’t have to consult him,” said Antinori. “I’m representing him.” Lawson repeated: “Let the record reflect. “Let the record reflect any thing you like,” said Antinori. “I’ve made the statement and that’s that.” Judge Spoto then swore in Witherspoon who still had not taken the stand — and asked him again if he wanted to testify. Witherspoon again said no. When the judge ruled that Witherspoon didn’t have to testify, Lawson whirled around sudden1y and began stamping off. “Be careful about your conduct in the courtroom,” Judge Spoto said.
“I was just going to get some law’ said Lawson. “Don’t stamp your feet when
you go,” said the judge. Lawson returned with nine large law books in his arms
and commenced reading. A few minutes later Witherspoon was led out of the
courtroom and for the first time a smile and half-laugh passed over his face as
he waved to Brown, the defendant. Brown nodded his head to Witherspoon in reply.
When the trial got under way again, Brown’s sister of about 18 years took the
stand to say that her brother, Witherspoon, and another Negro youth met at
Brown’s house before the robbery and drank a fifth of whiskey. The third Negro,
6-year old Willie Frank Smith Jr., was killed when the store owner, Sidney
Seltzer, fired back at the robbers as he died. Smith actually fired the
fatal shots at Seltzer, according to police, but Florida law provides each
member of a robbery gang is equally guilty if any of them kills someone. The
trial is expected to resume at 9:30 am today. Twelve men were selected as
jurors.