Reality TV As Aggravating Factor

There is one unusual aspect to an Illinois Hearing Board report and recommendation in a default proceeding.

The hearing board proposes a suspension of two years and until further order (“UFO”)

The Panel of the Hearing Board considered…[a] Recording of the Bravo TV series Below Deck, season 2, episode 209, which was submitted in aggravation (Adm. Ex. 14). Additionally, in aggravation the Administrator presented the testimony of James Easoz, an investigator for the ARDC. Mr. Easoz testified regarding the ARDC’s efforts to locate and procure service of the Complaint on Respondent and the information he learned regarding Respondent’s involvement in the Bravo TV series Below Deck. The Administrator also stated on the record that Respondent has no prior discipline.

From the complaint

On November 29, 2012, at approximately 4:30 p.m., Respondent was seated in a white Cadillac Escalade, Florida license plate number 865 WUP, hereinafter “Escalade,” in the parking lot of the “Promenade,” a strip mall located at the intersection of Wiles Road and Lyons Road in Coconut Creek, Florida.

While Respondent was seated in the driver’s seat of the Escalade, Marcus Lockhart, hereinafter “Lockhart,” entered the front passenger seat of the Escalade and engaged in a drug transaction wherein Respondent bought approximately 12.8 grams of Methylone, a schedule I controlled substance, from Lockhart for approximately $800.00. The transaction was videotaped by Gerard Andrews, an agent of Crispin Investigations, and turned over to Coconut Creek police.

On November 29, 2012, at approximately 4:35 p.m., Respondent, driving the Escalade left the Promenade parking lot and was subsequently stopped by Coconut Creek police officer Hofer.

Coconut Creek police officers arrested Respondent after smelling marijuana coming from the inside of the vehicle.

Respondent advised the police that he had “just bought some MDMA and it is in the car.”

Coconut Creek police recovered from the Escalade two small baggies which subsequently tested positive for Methylone, in the amount of approximately 12.8 grams. One baggie was recovered from the Escalade driver’s console, the other bag was recovered from a compartment in a small black piece of luggage with the initials “CKD,” located in the Escalade.

The criminal charges were dismissed after a motion to suppress evidence was granted.

It is not clear from what I have been able to locate how the reality show information served to aggravate the misconduct. (Mike Frisch)