Robert Burns may have his bond revoked after State Attorney Phil Archer accused Burns of obstructing an investigation. A hearing is set for Friday, April 26. Burns, who owns and publishes ‘The Space Coast Rocket’, is also in the middle of a federal case involving wire fraud and PPP Loans. Archer filed charges against Burns last year following an incident on August 10, 2023 for tampering with a witness, a third-degree felony, misdemeanor battery and trespassing an occupied structure.
The State of Florida, by and through the undersigned Assistant State Attorney, pursuant to Florida Statute 903.0471, and FRCrP 3.131(f), hereby moves this Honorable Court to revoke Defendant’s bond in the above-noted case, and as basis states:
On January 23, 2024, while conducting an interview of Brooke Orsini pursuant to an subpoena issued under the authority of Chap 27.04FS, as part of an investigation separate from this case, the State became aware Orsini witnessed the crimes charged in this case.
Subsequently, on January 26, 2024, Orsini provided the State a sworn, recorded statement of the events she witnessed related to the charges in this case, and that she video recorded the incident.
Orsini further testified under oath that prior to her appearance at the January 23, interview, the Defendant, aware of the State’s investigative subpoena, contacted Orsini and told her not to answer questions in the interview with the State. The morning of the interview, the Defendant again contacted Orsini by text message telling her not to answer any questions during the interview.
By his interactions with Orsini, who the Defendant knew was under subpoena by the State, the Defendant attempted to obstruct a lawful investigation by the Office of the State Attorney, in violation of ss 843.02, FS. That the Defendant believed that subpoena related to this case, and knowing Orsini was a potential State witness to the crime charged, brings the matter squarely within the purview of this Court to address.
Furthermore, the specific words of the Defendant to Orsini instructing her not to answer any questions constituted legal advice. The Defendant is not licensed to practice law in the State of Florida or any other jurisdiction, thus his instruction to Orsini violated ss 454.23 FS, a felony (unlicensed practice of law, see Florida Bar v Mills 410 So2d 498 (Fla 1982)).
Orsini further advised that since the January 23, interview the Defendant has repeatedly attempted to contact her, including thru members of her family. Orsini’s sister corroborated the Defendant’s attempted contacts with family members.
Though the initial interview of Orsini was regarding an investigation separate from this case, the Defendant believed it was related to this case and attempted to obstruct that interview – and the State’s prosecution of this case.
WHEREFORE, based on the Defendant’s efforts to obstruct the State’s prosecution of this case, including the commission of new crimes in doing so, the State requests his bond be revoked, and he be remanded to custody during the pendency of this case.
