Prosecutor Paul Wallace stands in front of some boxes from previous murder cases.

Methodical and Meticulous: Homicide prosecutor recognized statewide as he builds cases through attention to detail

Listening to Homicide Director Paul Wallace, it’s easy to forget he’s put away some of the most cruel and brutal killers during the last 30 years.

He’s direct, kind-hearted, soft-spoken and has a knack for mentoring sharp attorneys in the most high-profile division at the State Attorney’s Office.

Wallace, 62, is also one of the most meticulous, well-prepared prosecutors in the state by presenting complex murder cases to jurors in a detailed-methodical way.

His record is nearly unrivaled.

Of the 78 first degree murder trials he’s had since 1983, 73 people have been found guilty. Ten of those have been sentenced to death.

Prosecutor Paul Wallace stands in front of some boxes from previous murder cases.

Prosecutor Paul Wallace stands in front of some boxes from previous murder cases.

The Haines City native was recognized for his work earlier this year. Florida’s 20 state attorneys voted to name Wallace prosecutor of the year. He received the award, named after the late Gene Berry, at a ceremony in July. His former colleague in the homicide division, the late John Aguero, received the award in 1990.

Wallace sits back in his chair in his office as he describes some of the most gruesome murders this county has seen.

He’s surrounded by boxes of old cases that have haunted Polk County residents. The boxes are filled with reports on death penalty cases, such as  Nelson Serrano, who was sentenced to death in 2007 for four execution-style slayings at a Bartow manufacturing plant, and Leon Davis, the Lake Wales man convicted of fatally shooting two clerks at a convenience store near Lake Alfred then a week later dousing two Lake Wales insurance agency clerks with gasoline and setting them on fire during a robbery.

His most recent murder case involving Cheyanne Jessie was one of the most heart wrenching. Jurors recommended the death penalty for Jessie earlier this summer for the fatal stabbing and shooting of her 6-year-old daughter and 50-year-old father.

“We had never had a case where someone just took a gun and put it to their child’s head,” Wallace said.

While Wallace has devoted his career to the State Attorney’s Office, outside of the office he’s just as focused on his church.

“Much like his calling to be a prosecutor, Paul had a calling to help those less fortunate than him through mission trips,” State Attorney Brian Haas said during the presentation ceremony. “He has been to Central and South America and East Africa. From building churches, schools, teaching educational programs and spreading the word of God, Paul does it all.”

 

Mentor to the SAO

Wallace’s experience not only helps in the courtroom, but he’s also able to share knowledge he’s gleaned from previous cases with younger colleagues.

Assistant State Attorney Kristie Ducharme, who worked on the Jessie case with Wallace, said he has taught her the ability to be patient and unrattled during a trial.

Her passion for a conviction can often be on display for jurors, which can lead her into trouble if a judge says something with which she disagrees.

Wallace has taught her to be more subdued.

“He’s taught me patience inside and out,” Ducharme said. “He’s cool and has confidence and faith that the right thing will happen.”

She described Wallace as a “confidence builder who makes you feel really good about what you’re doing.”

The Jessie case Ducharme’s first since coming back from maternity leave. Nervous, Wallace motivated her during the weeks-long trial.

She said Wallace’s skills are many, but in addition to patience, Ducharme said Wallace’s attention to detail and organizational skills are second to none.

Assistant State Attorney Mark Levine agree

d that Wallace’s dedication and commitment to his craft are traits he has admired since he started.

“He knows cases inside and out,” Levine said. “We all continue to learn from him.”

 

Closing arguments

Wallace graduated from Haines City High School in 1974. He attended Polk Community College then Stetson where he earned a business administration degree. He then entered Stetson Law School.

“I was worried I may not make it,” Wallace said.

During school, he enjoyed criminal law, deciding to become a prosecutor over a defense attorney because he “couldn’t make a living arguing for somebody who is guilty.”

Law degree in hand, he started working at the State Attorney’s Office in 1979 under then-state attorney Quillian Yancey. He worked for decades under State Attorney Jerry Hill before working for State Attorney Haas.

In December 2014, Wallace retired. He planned to spend more time with his grandchildren, take more mission trips with his wife, Karen, and hike in the Swiss Alps with her.

But Wallace never actually left.

“He was so dedicated to his cases, the families of the victims and our partners in law enforcement, that Paul continued working as a volunteer, handling a case load equal to that of our other full-time first-degree murder prosecutors,” State Attorney Haas said during the award presentation.

In August 2018, former homicide director Hope Pattey was appointed to the bench, leaving a big vacancy in the division.

After State Attorney Haas and Wallace met, the longtime prosecutor agreed to return. Within 10 months after he took the position, Wallace had obtained three unanimous death penalty recommendations.

What does he want to do before he retires again?

Continue to mentor younger assistant state attorneys, preparing them for tough cases and retrials in the spotlight against seasoned defense lawyers.

He will toil away on keeping some of most savage, evil killers behind bars. Some of the cases just haven’t gone away even though they are decades old. In the coming months, Wallace is expected to argue that Paul Beasley Johnson should be sentenced to die. It’s the fourth time Johnson, 70, will face the death penalty. He  was already sentenced to die in 1981 for killing three people, including a Polk County Sheriff’s deputy. Most recently, he was resentenced in 2014 on an  11-1 jury recommendation, but since then the U.S. Supreme Court has ruled that the Florida Supreme Court should set aside death sentences of those who didn’t have a unanimous jury recommendation after 2002.

Wallace said retirement will be for good the next time.

He’ll focus even more on mission trips through his church, Victory Church in Lakeland. He plans to spend a month in Bolivia on a mission trip, several months in a Kenyan village, hike the Swiss Alps and spend a month in Jerusalem.

 

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Gail Nichols

Lakeland vet sentenced to jail for cruelty to her horses

Gail Nichols

Gail Nichols

A longtime Lakeland veterinarian convicted earlier this year of animal cruelty for mistreating her horses was sentenced to 90 days in jail earlier this week and can no longer treat animals.

Circuit Court Judge Wayne Durden also sentenced Gail Nichols to 10 years of probation for four animal cruelty convictions, which centered around a lack of treatment of her miniature horses. Some of the horses were forced to be euthanized, while others suffered lifelong injuries due to Nichols’ failure to care for the animals.

“She knew exactly what was going on,” Assistant State Attorney Jessica Fisher said as she described some of the injuries to Durden. “She took an oath as a vet and there was a lack of simple, basic care.”

Nichols, 68, was convicted by a jury on June 6. Following her conviction, her sentence was decided solely by the judge.

Before the sentence, She read a statement to Durden, describing her two decades of veterinary work and her love of animals. Her lawyer told Durden she had medical issues in jail, including dietary concerns that weren’t being met.

But Fisher called Richard Scheck, a Polk Sheriff’s Office food service administrator, to testify that the jail accommodated her required dietary needs.

Scheck contradicted Nichols’ claims, telling Durden that to fit her diet turkey wraps with shredded cheese were prepared on a daily basis. Fisher also called Danette Horton, president of Hope Equine Rescue, to describe the conditions of the some of the horses that survived.

Horton said the rescue service has done everything it can to save one of the horse’s named Xena, a mare who recently had a foal. But because of a lack of care, Xena’s hooves became overgrown and her mouth and teeth suffered. She will likely be euthanized in the coming months.

“She never followed up on the horses and allowed them to suffer,” Fisher said.

Durden listened to both sides before making a decision.

As part of the sentence, Durden said Nichols cannot own or care for any animals once she is out of jail.

State Attorney Brian Haas thanks Assistant State Attorney Jessica Fisher and the Polk County Sheriff’s Office for their work on the case.

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Dustin Halstead

Judge orders Lakeland man to begin serving sentence following appeals court decision

 

Dustin Halstead

Dustin Halstead

A 26-year-old Lakeland man convicted of killing a construction worker in a hit-and-run crash on South Florida Avenue was sent to prison Tuesday days after an appeals court ruled against him.

Dustin Halstead was found guilty of vehicular homicide in 2018, but Circuit Judge Kevin Abdoney, spurred by the 2nd District Court of Appeals, had allowed Halstead to post bail as appeal judges considered the motion.

In July, the appeals court rejected the appeal and affirmed his conviction, resulting in Abdoney ordering him on Tuesday to begin serving his 11-year sentence for vehicular homicide and leaving the scene of a crash.

Assistant State Attorneys Jennifer Swenson and Kris Heaton prosecuted the case.

Halstead killed Shelby Kenneth Shull on July 23, 2014 when he veered off the road into a construction zone, knocked over construction cones and slammed into the man. His body was thrown 80 feet.

The investigation lasted months before a tip led police to Halstead. His girlfriend, who is now Halstead’s wife, called Lakeland police after seeing a newspaper article about the fatality. She told detectives at the time that she did not know or see what had been hit, but that Halstead had hit something in the area about the time of the crash.

Police investigated further. Through DNA evidence, Shull’s blood was found on the hood of Halstead’s Jeep.

Years later, Halstead faced a jury.

During the one-week trial, Swenson showed jurors receipts from three different bars Halstead had visited leading up to the crash. Jurors heard that after he left a bar in Dixieland, Halstead was driving south on South Florida Avenue when he dropped a cigarette, reached down to pick it up, then ran off the road near Easton Drive and struck the worker. Jurors took about two hours to convict Halstead.

State Attorney Brian Haas thanks Lakeland Police Department detectives for their work on the case.

 

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Assistant State Attorney Monica Smith

Superhero-loving prosecutor fights for justice

 

Assistant State Attorney Monica Smith

Assistant State Attorney Monica Smith

Monica Smith was 16 credit hours short of receiving her doctorate in clinical psychology when she dropped out, took the LSAT and enrolled in Florida Coastal School of Law.
Smith had learned much during training for family custody disputes and ways to evaluate sex offenders, but she faced tedious therapy classes to earn a degree. She shelved that, figuring her candid personality was better suited for the courtroom than in a social care setting.  The move has paid off.

Since 2016, Smith has thrived as an assistant state attorney for the 10th Judicial Circuit.
“She believes in what she’s doing, has a great presence in the courtroom and connects with the jury,” said her supervisor, Assistant State Attorney Ashley McCarthy.
Smith started working misdemeanor cases and worked her way up to the Special Victims Unit where she currently prosecutes some of the hardest, most emotionally charged cases involving children who have been sexually assaulted.
The cases can be difficult to prosecute with victims often afraid to come forward with information about their assaults.
Smith said in the courtroom she’s their voice.
“They need someone on their side,” Smith said of victims.
She develops a rapport with the victims, helps them prepare for testimony, then sees the case to the end.
“It can be cathartic for them to testify sometimes,” Smith said of the victims.
The idea of protecting the innocent isn’t new for Smith. The Largo native grew up playing superheroes with her twin brother and an older brother 11-months her senior.
Her twin played Spider Man, while the older brother was Superman. Smith portrayed Batman, who in the comic book dedicates his life to fighting criminals.
She still likes the superhero. The walls in her office are adorned with the Caped Crusader, while a large Batman blanket is draped over her office chair.
“I like the concept of fighting for justice,” Smith said.
During the past year in the Special Victims Unit, Smith has faced tough trials. In a child pornography case, she teamed with Polk County Sheriff’s detectives to learn the intricacies of how the criminal hid certain pornographic pictures and methods he used to overwrite documents.
In that case, she gained a conviction. More recently, she prosecuted a case against a Lakeland man who sexually assaulted a child. A 6-member jury took an hour to convict the man.
Smith isn’t always working.
She paints to relax, using different mediums. Many of her oil paintings hung in the office of her late mother, who worked as a pediatrician for 35 years in Largo. She also enjoys kickboxing, soccer, softball and flag football.
But her job is her passion.
And McCarthy recognizes that.
“She has the potential to be one of the best trial attorneys in the office,” she said.

 

Assistant State Attorney Monica Smith recently questions a witness during court.

Assistant State Attorney Monica Smith recently questions a witness during court.

 

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