Glenn Straub’s lawyers ask appeals court to release Dave Aronberg’s ex-wife’s testimony

Insisting that Palm Beach State’s Attorney Dave Aronberg wants to suppress his ex-wife’s testimony to cover up his own wrongdoing, lawyers for a prominent Wellington developer on Friday asked an appeals court to overturn a ruling that kept her secret. her testimony.

Arguing that Glenn Straub’s right to a fair trial trumps Aronberg’s right to privacy, Straub’s lawyers asked the 4th District Court of Appeal to release at least parts of Lynn Aronberg’s deposition.

“Straub’s use of Lynn Aronberg’s deposition transcript is critical to the defense of the criminal charges against him,” attorneys Michael Gottlieb and Larry Zink wrote in the 28-page appeal.

Attorneys for Wellington developer Glen Straub have asked the appeals court to release at least part of the testimony given by the ex-wife of State’s Attorney Dave Aronberg, seen here in 2017, in a dispute between Straub and an ex-girlfriend.

Both Dave and Lynn Aronberg were close friends with Jessica Nicodemo, 38, who claimed Straub filed $77,380 in false liens on her Wellington and Loxahatchee Groves homes to punish her for breaking up with him.

After an investigation that Straub’s attorneys say was orchestrated by Dave Aronberg, Straub, 75, was charged with grand larceny and two counts of filing false affidavits.

Aronberg, ex-wife once close to Straub, friend

Contrary to Aronberg’s claims, he is not an “innocent third party” dragged into a case he knows nothing about, they said.

During a deposition, Nicodemo said she served as the Aronbergs’ “marriage mediator” in 2017 before the couple split. While they were separated, Lynn Aronberg lived with Nicodemo for months. Dave Aronberg spoke and texted her regularly, Zink and Gottlieb said. He knew her personal problems and she knew hers.

Palm Beach County District Attorney Dave Aronberg, his then-wife-to-be Lynn Lewis, Lorenzo Borghese, Jessica Nicodemo and Glenn Straub at a 2015 charity event at the Palm Beach Polo for Nicodemo's pet rescue group.

Palm Beach County District Attorney Dave Aronberg, his then-wife-to-be Lynn Lewis, Lorenzo Borghese, Jessica Nicodemo and Glenn Straub at a 2015 charity event at the Palm Beach Polo for Nicodemo’s pet rescue group.

Not coincidentally, attorneys said, the divorce coincided with Straub’s investigation. Aronberg built the case against Straub before turning it over to the Broward County District Attorney’s Office for prosecution, they allege.

Aronberg, a former state lawmaker and regular television commentator, went to court to keep Lynn Aronberg’s testimony secret because it would reveal his involvement in the unusual case, attorneys claim.

While a spokesman for the state’s attorney’s office declined to comment on the appeal, Aronberg maintained that he steadfastly refused to speak to Nicodemo about her claims against Straub, whom he said he knew well and contributed to his political campaigns.

“I told Ms. Nicodemo that if she believed a crime had occurred, she should speak to her local law enforcement agency, who would then investigate,” Aronberg said in an affidavit filed in court. “If that agency believed there was probable cause, it would escalate the matter to my office.”

The affidavit was drafted by a lawyer in his office. Aronberg has since hired two Fort Lauderdale criminal defense attorneys to represent him in his efforts to keep the deposition sealed.

Glenn Straub appears in bankruptcy court on Friday, February 15, 2019.

Glenn Straub appears in bankruptcy court on Friday, February 15, 2019.

Judge only needs to withhold “very small portions”.

On Friday, a spokesman for the state attorney’s office, Marc Freeman, reiterated Aronberg’s insistence that he had nothing to do with Straub’s predicament.

“As we have previously stated, neither State’s Attorney Dave Aronberg nor this office had any meaningful involvement in the investigation or prosecution of this case,” Freeman said in a statement.

The appeal comes nearly a month after Broward County District Judge Timothy Bailey refused to unseal Lynn Aronberg’s deposition last year.

Before doing so, he acknowledged that there were parts of the deposition that were relevant to Straub’s defense. But, he said, there were “portions, very small portions” that were “confidential in nature”.

Aronberg’s attorney suggested that the “innocuous” portions of Lynn Aronberg’s deposition be redacted. When Straub’s lawyers did not agree to the redaction, Bailey chose to keep the entire deposition sealed. His order also prevents attorneys and others who attended the deposition from disclosing what he said.

Two weeks after Bailey’s decision, Straub’s defense team filed documents saying it would consider the proposed settlement. They asked Bailey to reconsider their request. He refused, setting the stage for the appeal.

Jane Musgrave covers federal and state courts and occasionally enters criminal trials in state courts. Contact her at jmusgrave@pbpost.com.

This article originally appeared in the Palm Beach Post: Lawyers appeal ruling keeping state attorney general’s ex-wife’s testimony secret

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