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Anchor plea deal gets OK

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By TOM BRENNAN

tbrennan@tampatrib.com

Published: July 2, 2009

TAMPA - Prosecutors say they had no choice but to drop a DUI charge against Fox 13 anchor Russell Rhodes once a judge threw out their key evidence.

"Once the blood test was suppressed, we were unable to prove the charge," Assistant State Attorney Pam Bondi said.

Rhodes was sentenced Wednesday to six months of probation and ordered to perform 50 hours of community service after pleading no contest to misdemeanor obstruction of justice. He also must pay $112 in fines and court costs.

In return for the plea, prosecutors dropped the charge of driving under the influence.

Hillsborough County Judge Cheryl K. Thomas withheld an adjudication of guilt in the case.

Rhodes' attorney said that's important because his client has a morals clause in his contract with WTVT, Channel 13, where he co-anchors the "Good Day Tampa Bay" morning show.

"There have been other anchors who have been fired for having DUIs," attorney Jeff Brown said. "Russell is pleased it is over and is ready to move on."

Rhodes had no comment.

Brown said his client regretted his actions.

"He always felt he didn't handle this in a most professional manner," Brown said.

Rhodes was arrested Jan. 16 after an off-duty deputy saw him driving a BMW recklessly in a Channel District parking garage, according to the deputy.

The deputy said Rhodes refused to turn over his keys, twice tried to walk away and then attempted to run out of the garage. The deputy said he took Rhodes to the ground to handcuff him. Rhodes was taken to Tampa General Hospital with facial injuries.

The blood tests taken that night were the primary evidence in the DUI charge. They showed that Rhodes' blood-alcohol level was 0.179 and 0.178, according to court documents. Florida law presumes impairment at 0.08.

But Thomas threw out the tests last week after the off-duty deputy gave differing versions of whether Rhodes consented to give blood.

On Monday, Brown and State Attorney Mark Ober reached agreement on the plea deal.

Sheriff's spokeswoman Debbie Carter said it was too early to say whether the deputy would be disciplined.

"We've not even had a chance to review the transcripts in the case," she said. "But we are looking into it."

Brown denied that Rhodes received any special treatment.

"People who say that don't know the facts," he said. "You would expect law enforcement officers to be truthful."

Brown said Rhodes would probably serve his community service at an animal shelter and is eager to proceed with his career.

"He's made to be in front of a television camera," Brown said. "People love him, and he loves being on the air."

Reporter Tom Brennan can be reached at (813) 259-7698.

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