By Sam Martello, WFTV.com and Nicolle Osorio, WFTV.comJune 27, 2023 at 7:12 pm EDT
For a second time, Aven has been investigated by the Florida Bar, and the bar is moving forward with disciplinary charges against him.
“When the Florida Bar has found probable cause as it has through the grievance committee here, it’s very serious,” said trial attorney Doug Beam.
Court documents show that in 2021, the Florida Bar reprimanded Aven for actions against another judge during a campaign for a seat on the bench in 2018.
Now, for this second time, documents show Aven allowed false testimony to be given in court — in a felony battery case in April of 2022.
It resulted in a mistrial.
Daniel Martinez was the defense attorney in that case.
He said if his client had been found guilty, he would face more than 30 years in prison.
“In this case, they tried to stack the deck in their favor, and they cheated — It’s that simple,” Martinez said.
Trial attorney Doug Beam has been practicing law in the area for almost 40 years.
He said this case is unusual because State Attorney Phil Archer is keeping Aven on staff.
“The State Attorney is a constitutional officer; he can do what he wants to do,” Beam said. “It’s very unusual– I’ve not seen anything quite like this.”
Officials said Aven was removed from a courtroom role after this mistrial and now works in the intake division.
He decides what cases go forward with prosecution.
With Aven’s history, Martinez said it is problematic.
“There’s no defense attorney watching over his shoulder to see who files charges or what charges he files,” he said.” There’s no one there to check him.”
Channel 9 reached out to State Attorney Archer and Aven but didn’t get a response.
The Florida Bar’s case against Aven will now go before a judge who serves as a referee, and the judge will recommend what disciplinary action to take.