Former Seminole County tax collector Joel Greenberg collected child pornography to frame in-house attorney, ex-consultant's defense says

ORLANDO, Fla. — A search by the U.S. Secret Service of disgraced Seminole County tax collector Joel Greenberg’s car yielded over 60 images of child pornography on a flash drive, which he intended to use to frame his office’s in-house counsel — his former uncle, attorney Richard Sierra, jurors in a federal trial heard Tuesday.

That new allegation emerged in an opening statement by Ashley Parker, an attorney representing Michael Shirley, a former consultant for Greenberg’s office standing trial this week on bribery charges.

Parker told jurors that Greenberg decided against framing Sierra, telling investigators he decided to do so would be “cruel.” But he added that Greenberg has recently changed his story and now blames the flash drive on an unnamed former employee of the tax office.

“Joel Greenberg might be one of the most evil men you’ll ever meet,” Parker said.

Greenberg was never charged in connection with the alleged child pornography. Parker mentioned the flash drive to discredit anticipated testimony from Greenberg, who is on the witness list to appear in Shirley’s case.

Parker further alleged that Greenberg and Joe Ellicott — the alleged middleman the government claims delivered at least one bribe from Shirley to Greenberg — manufactured the allegations against her client to please the government and avoid facing charges for child pornography or having sex with a minor.

Jurors began hearing testimony in the case Tuesday. The trial is expected to last about five days.

Before opening statements, the judge in the Shirley case ruled that Ellicott, considered a pivotal witness for federal prosecutors, will be allowed to testify even if he won’t answer questions about an allegation that he had sex with a 17-year-old girl — an issue that led to an early hearing Tuesday before Shirley’s trial continued.

Warren Lindsey, another attorney representing Shirley, informed U.S. District Judge Gregory Presnell of the allegation against Ellicott on Monday as the trial began. Greenberg had sex with the girl in a hotel room, then paid her on behalf of Ellicott, who offered the teen illegal drugs before also having sex with her, Lindsey told Presnell.

Assistant U.S. Attorney Amanda Daniels surprised the judge when she said Ellicott would invoke the Fifth Amendment of the Constitution so as to not incriminate himself if asked about the illicit sex allegation.

Daniels argued that the case against Shirley is centered on fraud and that allegations against Ellicott are not relevant. Shirley is accused of paying bribes to and taking kickbacks of hundreds of thousands of dollars from Greenberg, the disgraced Seminole Tax Collector.

Ellicott was sentenced to 15 months in prison after he pleaded guilty to taking part in a bribery scheme with Greenberg. As part of his plea agreement, he must provide evidence and testify truthfully.

Lindsey disagreed with prosecutors, saying Ellicott’s alleged sex with the girl is an important point because Ellicott was not charged for it, and therefore has an incentive to “please the government.”

On Tuesday, Presnell said he will allow Ellicott’s testimony and will allow Ellicott to invoke his Fifth Amendment rights in response to questions concerning the specific facts about the alleged commercial sex with a minor.

“It’s a fine line,” said Presnell, adding that he wants both the government and the defense to question Ellicott but does not want Greenberg’s former friend to incriminate himself. “He can live up to his bargain without incriminating himself.”

“There’s no reason to get into the facts of the sex with a minor claim,” Presnell said. “…What’s important is he may be subject to such a charge.”

According to an unsealed motion from the government, Ellicott’s sentence was lowered, in part, because of his cooperation concerning “Florida public officials engaged in commercial sex … including with a minor,” Presnell said.

Shirley faces four counts of fraud and a charge of conspiracy to commit fraud. He has pleaded not guilty.

According to a grand jury indictment, Shirley got up to $466,625 from his scheme with the Tax Collector’s Office under Greenberg in which Shirley and his company, Praetorian Integrated Services, submitted fake invoices for goods and services at inflated prices.

Ellicott is described in the indictment as a “co-conspirator” who would take money that Shirley withdrew from a Central Florida bank and deliver it to Greenberg.

In December, Greenberg was sentenced to an 11-year federal prison sentence after pleading guilty to several federal crimes, including trafficking a teenager, stalking a political rival, stealing identities and using public money to pay for sex and cryptocurrency.

Like Ellicott, he is required to provide evidence and testimony for prosecutors in other criminal cases.

Despite him appearing on the government’s witness list, Daniels said on Monday that she doesn’t “anticipate calling Joel Greenberg” to testify in Shirley’s trial. However, Greenberg may still testify since his name is on the defense’s witness list.

Sierra, Greenberg’s former uncle and in-house attorney, is also listed as a witness. Sierra warned Greenberg in early 2019 that federal authorities were looking into the Tax Collector’s Office.

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