Lawyer Cleared Of bar Violations

Lawyer Cleared Of Bar Violations

By Eric Pera
The Ledger

Published: Monday, June 4, 2007 at 3:15 a.m.
Last Modified: Monday, June 4, 2007 at 6:25 a.m.
LAKELAND – The Florida Supreme Court has cleared lawyer Raymond J. Rafool II, formerly of Winter Haven, of misconduct in connection with his handling of a heated Polk County custody case.

Click to enlarge
Raymond J. Rafool II.
The Florida Bar sought sanctions that included a 90-day suspension of his license and paying court costs of $3,427 for Rafool’s actions while representing one of four couples seeking custody of three Polk sisters orphaned after their father fatally shot their mother then himself in late 2004.

The Nov. 23 murder-suicide dominated the news for days. Raymond Gans, 27, shot his wife, Jennifer, then took their three young daughters on a ride before shooting himself in the head at a police roadblock south of Mulberry.

The Bar’s complaint, filed in February 2006, stated that Rafool acted inappropriately in helping arrange for the girls to travel to Wisconsin to visit their maternal great aunt, Karen Korf, who wanted custody and eventually adopted the girls.

At the time of their visit in 2005, the children were to be accompanied by their maternal grandparents, Frederick and Patricia Moshier.

But the paternal grandparents, Raymond and Deborah Gans, objected to the visit, information that wasn’t made clear in a document titled an “agreed order” submitted by Rafool to Circuit Judge J. Michael McCarthy, who permitted the visitation without a hearing.

Orange County Judge Mike Murphy, appointed to referee the Bar’s complaint, found Rafool guilty of violating two Florida Bar rules of conduct: knowingly making “a false statement of material fact or law to a tribunal” and engaging in conduct “involving dishonesty, fraud, deceit or misrepresentation.”

Murphy recommended Rafool take a four-hour seminar on ethics as the violation amounted to only minor misconduct.

But in a May 29 disposition order, the state’s highest court, in a 4-3 split, rejected Murphy’s findings of rules violations and absolved Rafool of having to pay the Bar’s court costs.

However, the court unanimously upheld the recommendation that Rafool attend ethics training.

In an e-mail response to the Supreme Court’s action, Rafool, who now lives in Miami, referred questions to his lawyer, Jack Weiss of Tallahassee.

“This is the final step. The case is over. The Bar lost,” Weiss said. “He (Rafool) is delighted with the disposition of the court. He was confident throughout that he would not be found guilty of any misconduct.

“While we appreciated Judge Murphy’s finding of minor misconduct, we respectfully disagreed that even that was appropriate.”

All along, the Bar pushed for stronger sanctions, Weiss said, appealing Murphy’s recommendations.

He said that his client ultimately “was gratified at the array of support he received from both the Bar and the public at large.”

Catholic Priest David Dueppen Fights for Custody of Baby Girl Marilyn Epiphany

In September 2009, Beatrice Hernandez, a 42 year old former stripper, admitted to having been involved with former South Florida Catholic priest David Dueppen on and off for approximately seven years. The two met at Porky’s Strip Club in Hialeah, a seemingly unlikely hang out for a priest.  The establishment was recently closed under charges of prostitution and the sale of illegal drugs.

Dueppen, 42, has now publicly recognized that he has in fact conceived a baby girl with Hernandez.  Marilyn Epiphany was born in January 2009.

In August, Dueppen took a leave of absence from St. Maximilian Kolbe Church in Pembroke Pines, the church where he had been assigned upon joining the priesthood back in 1999.  He took the bold step after Hernandez’s disclosure of the baby girl’s existence to the archdiocese. Despite his decision to take leave, Dueppen has not formally requested to fully leave the clergy although it has been reported that he is now actively searching for a job outside of the church.

According to Mary Ross Agosta, Miami Archdiocese spokeswoman, while Dueppen is unable to perform services or wear clergy attire, he is still nonetheless considered a priest on leave.  Requests for permanent removal from the clergy are complicated and must be granted in Rome.

Feeling he should have primary custody of Marilyn, Dueppen has filed a lawsuit in hopes his wish will be granted.  To increase his chances of winning, Dueppen has enlisted prominent attorney Ray Rafool to represent him in this sticky case. The Coral Gables attorney is well-known for his involvement with high-priced, high profile cases, in addition to his honesty, ethics and keen knowledge of Florida law.

Rafool stated Dueppen should be granted custody of the child at minimum 70 percent of the time, and explained the former priest is aware he has committed mistakes and would be the first to admit it, but still feels he is the more appropriate guardian for the child.  Hernandez’s lawyer, Michael Feiler, on the other hand, explained that although his client is content by Dueppen’s acknowledgement of paternity, she is still seeking full custody of the child.

Un-conducive to Dueppen’s case is Hernandez’s allegations of domestic violence against the priest which have been passionately denied by an assertive and confident Rafool. According to the former stripper, Dueppen had become aggressive with her during a dispute regarding paternity and child support for little Marilyn, and proceeded to choke her.  Hernandez does not feel comfortable with Dueppen’s excessive involvement in the child’s life given these past incidents of violence, explains Feiler.

According to Rafool, Dueppen has denied all allegations of any violent behavior on his part.  Hernandez is not out of the clear either in the eyes of the court.  She is still pending trial for a misdemeanor stalking charge placed upon her for the alleged harassment of a woman she supposed to be her ex-lover’s [Dueppen] new girlfriend.

Olympic Boxer Andre Berto

In 2004, Haitian-American professional boxer Andre Berto, then 21, was ready and expected to cruise through the Olympic trials in Tunica, and qualify for the U.S. Olympic boxing squad.  His dreams were almost brought to a halt when the eager athlete was disqualified from the U.S. team after throwing Juan McPherson to the canvas during their qualifying match.  Although a ruling had originally been made in Berto’s favor by the USA Boxing Grievance Committee, a second committee reversed that ruling and eliminated Berto from the U.S. team.  Luckily, due to his immediate Haitian descendence, the boxer was allowed to qualify for Team Haiti and was granted Haitian citizenship by the island country. Although he lost in the first round of the Olympic Games to Xavier Noel of France, Berto was grateful and proud to have participated and given it his all.

Later that year, Berto made his pro debut on DiBella Entertainment’s Season’s Beatings at Barton Coliseum in Little Rock, Arkansas.  The young boxer, a native of Winter Haven, Florida, was as thrilled at the opportunity to finally showcase his skills in the professional arena as DiBella was to unleash this talented prospect to Arkansas boxing fans.  Berto’s lawyer, Ray Rafool, a famed celebrity lawyer known to be revered and well-liked by his long list of high-profile clients, also expressed enthusiasm and support for Berto’s transition to professional boxing stating he was “excited for the world to see what we already know.”

Berto’s professional career was set to start off on a great foot from the beginning considering his highly successful amateur career during which he boasted a bronze medal at the 2003 World Amateur Boxing Championships in Bangkok, Thailand, two national Golden Gloves championships, two national Pal championships, and three US amateur championship medals in addition to 22 state titles in Florida.

In 2008, Berto became WBC (World Boxing Council) welterweight champion.

Layton vs. Navratilova in Bitter Divorce

When Toni Layton’s same-sex marriage to ex tennis champion Martina Navratilova came to an abrupt end in 2009, Layton reached out to Linda Hogan’s high-power divorce lawyer, Ray Rafool, who is accustomed to sensational and prominent cases like this one.  Layton and Navratilova began their romance and married in 2000 after a trip to New Hampshire.  The two were married at Mount Washington State Park with an informal ceremony after which they settled in Florida, a state where gay marriage is not yet legally recognized.

In her domestic partnership lawsuit against Navratilova, Layton is asking for a massive half a million dollars as payment for the emotional, physical and mental distress she underwent after the couple’s heated altercation in January of 2008 during which Navratilova abruptly told Layton the relationship had come to an end.  Amidst the intense confrontation, Navratilova had even gone as far as having Layton confronted by two lawyers who shoved a $10,000 settlement in her face and urged her to sign it.  After the confrontation Layton discovered the locks had been changed on the couple’s $2 million dollar Florida property.  She now found herself out on the street with nothing to show for an 8-year relationship with Navratilova.  All of her belongings had been placed in storage while Navratilova put their home up for sale, and Layton was now expected to start from scratch.

Navratilova’s legal counsel is denying the existence of any support for Layton’s claims against her ex-lover and partner by denying the existence of any legal partnership between the two.  Rafool, determined to get creative in order to circumvent Florida’s antiquated  laws regarding same-sex unions and get Layton the settlement she deserves, explained that the domestic partnership did indeed exist, a fact that would be proven by Navratilova’s own declaration of Layton’s obligations and actions during their relationship.  Rafool further explained how Layton’s unconditional support of Navratilova’s ambitions had been a significant factor in Layton having forgone her own career and professional aspirations. This fact now entitles Layton to a significant financial settlement to help her get back on her feet and on track with her own dreams.  A compassionate and justice-minded Rafool has come up with the unique argument that the 8-year union between Navratilova and Layton can and should be compared to a partnership similar to that which is undertaken in any business venture.

Equal Rights President Terry Ahern stated in favor of Layton that Navratilova is simply sheltering herself behind Florida law which does not legally recognize her marriage to Layton, and taking advantage of that legal loop hole to evade any considerable financial obligation to a now abandoned Layton. Ahern also noted this separation as Navratilova’s third divorce adding that the damage inflicted upon Layton cannot go unpunished.

Terry vs. Ray in Hogan Divorce Battle

Terry Bollea, better known as Hulk Hogan, the famous American actor and retired professional wrestler, has been battling divorce with his wife of 24 years, Linda Marie Bollea, since late 2007.

In early 2009, Hogan had a heated confrontation with Ray Rafool, Linda’s lawyer, after the wrestler overheard Rafool, a high-power Coral Gables attorney who is no stranger to high-profile divorce cases, make comments to reporters alleging Hogan was holding marital assets captive.  Rafool’s accusations suggested Hogan was hiding assets and recklessly spending what is now the remnants of the Hogan $10 million family fortune, partially by providing his new girlfriend with a hefty sum of $4,000 per month.  Hogan’s lawyer, David Houston, told refuted the claims by explaining he felt the Hogans’ assets were being diluted more so by the considerable costs of the divorce than by the Hulk’s allegedly wild spending habits.

During court proceedings in March of 2009, Hogan testified to having only $412,000 in his bank account of which he owed $312,000.  Hogan appeared on the stand in crutches, having recently undergone back surgery.

Rafool, who has a reputation for being aggressive, well-prepared and confident, fervently debated the financial issues at hand with Hogan’s lawyers in ardent defense of his client’s best interest. Hogan’s attorneys then explained the need to unfreeze a monthly sum of $300,000 in marital assets in order to help both Hogan and Linda meet monthly expenses.  These expenses include massive attorney bills that had begun to pile up from the divorce in addition to a lawsuit involving son Nick after he was implicated in a racing crash that brought serious injuries to his friend in 2007, and several messy business involvements.

Shortly after Pinellas Circuit Court Judge George Greer granted Hogan access to  $225,000 per month in previously frozen assets in order to meet his expenses, the confrontation between Rafool and Hogan ensued.   Angry at previous accusations made by Rafool concerning the concealment of marital assets, Hogan stood up to Rafool and threatened to sue him.  Rafool did not stay quiet, asking the wrestler whether he planned to wrestle with him there in the court and come across the cameras at him.

Ironically, Rafool had asked the famous wrestler for an autograph for his son right before court proceedings that same day.

Rafool later told the media the argument had spun more out of control than he had hoped, admitting some of it was nothing more than clever joking between the two about the wrestling, both of them laughing a bit and smiling as the confrontation occurred.

The Hogan divorce finally came to a close in mid 2009 after two long years of feuding.  The divorce was finalized in a short hearing during which Hogan told the court that he and Linda had finally reached an agreement in regards to the terms of the separation.  They further explained their desire to put aside the long, harsh feud and move on.