Lawyers in 'Bubba' case tout character to save careers

Aug. 06--CLEARWATER -- Trying to avoid severe punishment for setting up the DUI arrest of an adversary, three lawyers presented testimony Thursday portraying them as pinnacles of generosity and contributors to the community.

Judge W. Douglas Baird has already found the three lawyers -- Stephen Diaco, Robert Adams and Adam Filthaut -- guilty of numerous ethical violations for "deliberately and maliciously" orchestrating the arrest of C. Phillip Campbell, who was representing radio personality Todd "MJ" Schnitt in a slander case against their client, Bubba the Love Sponge Clem.

The three face possible sanctions ranging up to permanent disbarment.

Diaco has tried to settle the charges against him by offering to be disbarred with the option of reapplying in five yars. Baird and the state Supreme Court have rejected that proposal. Baird has also refused to accept a settlement in which Adams and Filthaut would have their licenses suspended for 90 days.

Baird is serving as the "referee" in the case and will recommend to the state Supreme Court how to handle the case against the lawyers.

Diaco presented several witnesses Thursday attesting to his good works, including contributions of money to the families of fallen police officers and time to others in need.

His father, Joseph Diaco, a physician, said he has even advised his son to rein in his generosity.

"You can't keep constantly, constantly giving," the father testified, recalling conversations with his son.

Joseph Diaco said his son has paid for funerals when families couldn't afford them.

He said he told his son to consider his own future needs and those of his family.

Joseph Diaco said he didn't believe the charges against his son.

"Sometimes truths are lies and lies are truths," he said, telling the judge, "I know you found him guilty, but if he committed an offense, punish him, but don't destroy him."

Shirley Reese, a former housekeeper and babysitter for the family, quipped that if Diaco didn't already have a wife, she would marry him. She said he gave generously to her church even though he didn't attend.

Other witnesses said Diaco contributed to help build a children's home in the Bahamas and worked to preserve the historic Jackson House in Tampa.

Yvette Lewis, political action chair of the Hillsborough NAACP, sang Diaco's praises, saying he volunteered to pay for a group of local young men to travel to Selma for the anniversary of the historic civil rights march there.

"This man really cares," Lewis said.

And Elizabeth Rosas, whose daughter, Jenny Caballero, drowned at the age of 11 after walking away from her middle school class, gave emotional testimony about Diaco representing her family for no charge in their case against the school board. "He is an excellent person," Rosas said through an interpreter.

Mediator James Murman testified about a lengthy session following the Clem slander trial.

Schnitt and Clem "wouldn't even look at each other," Murman said. But he found Diaco reasonable and professional.

An employee of the law firm, Sharon Engert, testified she's known Adams for 18 years. "I know this man," Engert said. "I went to the hospital and held his newborn sons. He is a great man."

The bar presented testimony from Robert Frankl, a South Florida chiropractor, who said the Adams and the Diaco law firm used one or two paralegals to try to trick him into breaking the law. Frankl said he was an expert witness in a lawsuit against an insurance company over medical fees.

"They want me to commit insurance fraud," Frankl said. "They want me to reduce my fee. That's not right what they're doing."

Ultimately, Frankl's side lost and he did not get paid.

Adams' lawyer, William Jung, and attorney Greg Kehoe, who is representing all three lawyers, attacked Frankl as a fraud, not a real doctor, and someone who is biased against lawyers.

Frankl has been involved in dozens of lawsuits, he acknowledged, and has filed at least three complaints against Adams and Diaco, none of which resulted in action against the lawyers.

The hearing before Baird continues Friday.

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