Jury finds Juno council member guilty but judge gives her a break
Juno Beach Town Council Member Mar i anne Hosta won't 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's 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't 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, Bonavita ordered Hosta 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's legal problems and the potential for political fallout aren't 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 cellphone video that went viral in the small oceanfront town. The video also figured prominently in Tuesday's daylong trial.
Cooke is seeking about $4,000, said Hosta's defense attorney Flynn Bertisch . But, he said, he will argue that Hosta is only responsible for bills that weren't covered by insurance. Essentially, Cooke's 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 " Marianne's Eyes On Juno " blog, which has been dormant since the incident, Hosta denied the allegations. Her civil attorney, Philip Valente , predicted the suit would be thrown out.
Can she be removed from office?
While Hosta didn't respond to a phone call for comment, Bertisch said removal from office is her greatest fear.
"Mrs. Hosta loves the town of Juno Beach," he said. "Everything she's done is to benefit the town — not for personal gain."
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 "the entire situation ... disheartening and upsetting," Cooke said the council should adopt a code of conduct for its members and Hosta should lose her job. Cooke's husband lost his mayoral bid in March to Peggy Wheeler.
"I strongly believe that Marianne Hosta should no longer be allowed to remain in office," she said in a statement. "This isn't just about one incident — this is about a pattern of behavior that cannot be tolerated from anyone, let alone a public servant."
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't 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 deliberated for about 45 minutes . Bertisch called the incident a sad example of the nation's toxic political climate.
"I think what's happening in the world of politics today has a lot to do with these things," he said. "People accuse others of things and they have a tendency to exaggerate or embellish."
