The Florida Supreme Court denied a request Wednesday by the Attorney General’s Office to review an appellate court’s decision that granted Kelly Mathis a new trial.
The former Jacksonville Bar Association president was sentenced in February 2014 to six years after being convicted by a jury of 103 gambling-related charges in the Allied Veterans of the World case.
Last October, the 5th District Court of Appeals threw out the convictions because the Seminole County trial judge did not allow key testimony that would have supported Mathis’ defense.
His defense attorney Mitch Stone said Wednesday he expected the Supreme Court’s decision. “We did not think the state had sufficient grounds to take it to that level,” he said.
What did surprise him was how quickly the court made its ruling. Mathis’ appellate team filed its response Jan. 9 to the state’s request for the court’s intervention.
Stone said the Attorney General’s Office has 90 days from the date of the mandate to the trial court to decide whether to retry Mathis.
If that occurs, Stone would be allowed to present evidence, including testimony from legislators and lawyers who agreed the Allied Veterans of the World internet cafes legally operated under the state’s sweepstakes law.
“This time there will be a lot more that we can do,” he said. “No stone will be left unturned.”
Statewide Prosecutor Nick Cox, who tried the case against Mathis, issued a one-sentence statement Wednesday: “The Office of Statewide Prosecution is reviewing our options at this time.”
Mathis was allowed to remain free after his conviction, during the appeals process.
His Florida Bar license has been suspended since shortly after the jury’s verdict.
Mathis was the only one of 57 defendants in the Allied Veterans of the World raid who went to trial.
The others either accepted plea agreements or had their charges dismissed. Mathis said early on he would not agree to a plea agreement.
Prosecutors said Mathis was the “mastermind” in what they described as a $300 million illegal gambling operation hiding under the guise of a nonprofit that helped veterans.
The Allied Veterans of the World case also helped spur the resignation of former Lt. Gov. Jennifer Carroll, who previously had done consulting work for the nonprofit.
@editormarilyn
(904) 356-2466