Juno Beach Town Council Member won鈥檛 have a criminal record even though a jury found her guilty Tuesday of misdemeanor battery for grabbing a cellphone from a town resident, who happened to be the wife of then-Mayor Alex Cooke.
Despite the jury鈥檚 finding, Palm Beach County Judge August Bonavita withheld adjudication. His decision, supported by state prosecutors, means if the 79-year-old blogger-turned-council-member pays $625 in court costs and follows the terms of her probation, she won鈥檛 have a blotch on her record in connection with the March incident at a mayoral campaign event.
In addition to taking an eight-hour anger management course, to perform 30 hours of community service and have no contact with the victim, Bianca Giancoli Cooke. If Hosta follows his orders, Bonavita said he would consider letting her off probation in six months, instead of nine.
Hosta鈥檚 legal problems and the potential for political fallout aren鈥檛 over. She must return to court Nov. 7 to find out how much she will have to pay Cooke, who claims she went to the emergency room for treatment of a sprained finger after the attack that was captured on a that went viral in the small oceanfront town. The video also figured prominently in Tuesday鈥檚 daylong trial.
Cooke is seeking about $4,000, said Hosta鈥檚 . But, he said, he will argue that Hosta is only responsible for bills that weren鈥檛 covered by insurance. Essentially, Cooke鈥檚 deductible, he said.
Cooke has also sued Hosta for defamation, claiming Hosta falsely accused her and her husband of abusing their children.
In her once popular and later divisive 鈥溾�� blog, which has been dormant since the incident, Hosta denied the allegations. Her civil attorney, , predicted the suit would be thrown out.
Can she be removed from office?
While Hosta didn鈥檛 respond to a phone call for comment, Bertisch said removal from office is her greatest fear.
鈥淢rs. Hosta loves the town of Juno Beach,鈥� he said. 鈥淓verything she鈥檚 done is to benefit the town 鈥� not for personal gain.鈥�
Cooke, who was once friends with Hosta and hired the retired math teacher to tutor her oldest son, said something should be done to rein in such behavior.
Calling 鈥渢he entire situation 鈥� disheartening and upsetting,鈥� Cooke said the council should adopt a code of conduct for its members and Hosta should lose her job. Cooke鈥檚 husband lost his mayoral bid in March to Peggy Wheeler.
鈥淚 strongly believe that Marianne Hosta should no longer be allowed to remain in office,鈥� she said in a statement. 鈥淭his isn鈥檛 just about one incident 鈥� this is about a pattern of behavior that cannot be tolerated from anyone, let alone a public servant.鈥�
Town attorney Len Rubin said because adjudication was withheld there is nothing in the town charter that would force Hosta to leave office before her term ends in March 2026. Council members can only be removed if convicted of a felony or a crime of dishonesty or fraud, according to the charter.
Likewise, a recall petition probably wouldn鈥檛 survive. According to state law, a municipal official can only be recalled for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties and conviction of a felony involving moral turpitude.
The jury . Bertisch called the incident a sad example of the nation鈥檚 toxic political climate.
鈥淚 think what鈥檚 happening in the world of politics today has a lot to do with these things,鈥� he said. 鈥淧eople accuse others of things and they have a tendency to exaggerate or embellish.鈥�
This story was originally published by , a 港澳天下彩News partner.
