Notable Cases

State v. Jessica Schwarz (1994 & 1995)

15th Circuit, Palm Beach County
Judge Walter Colbath (abuse counts)
Judge Karen Martin (murder & witness tampering counts)
Defense: Rendell Brown, Sam Marshall

The defendant was convicted in severed trials for the abuse and murder of her 10 year old step-son A.J. The Chief Medical Examiner, James Benz, declined to rule the death a homicide. Mr. Cupp had A.J.’s body flown to Atlanta for a second complete autopsy performed by Atlanta Coroner Dr. Joseph Burton. No one could recall a body being removed from a Florida medical examiner and taken out of state before.

Mr. Cupp co-authored a book about this remarkable trial. The publisher is Kensington Publishing (NY). The title is No One Can Hurt Him Anymore. The book is in it’s 6th printing. Mr. Cupp was the lead prosecutor.

The book can be purchased at Amazon.com

State v. Donald Moringiello (July, 2005)

20th Circuit, Lee County
Judge Jack Schoonover
Defense Counsel: Wilbur Smith, Joe Viacava

The trial was carried live on COURT TV. Mr. Moringiello was a retired aeronautical engineer from Pratt Whitney living on the water in Fort Myers Beach. He was convicted as charged for murdering his wife. It was a circumstantial case and the defense retained the services of the Henry Lee Institute.
Mr. Cupp was the lead prosecutor.

State v. Nelson Faerber, Jr. (Fall, 2003)

20th Circuit, Collier County
Judge Jack Schoonover
Defense Counsel: Jerry Berry, Donald Day, Mike McDonnell

The defendant was a well known criminal defense lawyer and former long time member of the Collier County School Board. Mr. Cupp charged him by information with multiple counts of sexual misconduct with a teenage boy. Tragically, he committed suicide while the case was pending.
Mr. Cupp was the sole prosecutor.

State v. Joyce Hatfield (Fall, 2001)

20th Circuit, Hendry County
Judge G. Keith Cary
Prosecution: Kelly Worcester

West Palm Beach attorney, Tom Gano, asked Mr. Cupp to co-counsel with him in Ms. Hatfield’s defense. The client had shot and killed her husband of 25 years and was charged with second degree murder. After the first day of trial, the State’s offer went from double-digit prison term to probation.

State v. Kaniah Jim (March, 2001)

20th Circuit, Hendry County
Judge G. Keith Cary
Prosecution: Kelly Worcester

Mr. Cupp was Ms. Jim’s defense counsel. Ms. Jim, a Seminole, was charged with DUI Manslaughter. At the time, she was on probation for multiple counts of DUI with Serious Personal Injury. Through Mr. Cupp's own investigation, he was able to determine the following. Although Ms. Jim was found passed out drunk behind the wheel with the deceased still pinned between the car’s front bumper and a wall of a convenience store, there had been three other people in the vehicle prior to the arrival of the police. The State failed to disclose that fact or any other information.

For tactical reasons, Mr. Cupp waited until the morning of trial to file a motion to dismiss and a lengthy memorandum of law.
Prior to the start of jury selection, Ms. Jim was permitted to plead. She was also placed back on probation, with the added condition of house arrest, to cover the period she would be in an in-house treatment program paid for by the Seminole Tribe of Florida.

State v. Walter John Zile (1994 & 1995)

15th Circuit, Palm Beach County, second trial Polk County
Judge Roger Colton
Defense: Craig Wilson, Ed O’Hara

The defendant was convicted of first degree murder after two mistrials and a venue change. Case garnered intense and widespread publicity.
Reports appeared in Time Magazine, the New York Times, and the Washington Post.
Mr. Cupp was the lead prosecutor.

State v. Pauline Zile (1994)

15th Circuit, Palm Beach County
Judge Stephen Rapp
Defense: Ellis Rubin, Guy Rubin

The defendant was convicted of first degree murder for failing to protect her seven year old daughter from her husband. Mr. Cupp was responsible for the State’s theory both strategically and legally. This was the first, and last time, a conviction was obtained in Florida for first degree murder for a parent’s failure to protect. All appeals have run.
Mr. Cupp was the lead prosecutor.

State v. Luz & Guillermo Hernandez (July 1992)

3rd Circuit, Columbia County, case moved to Suwannee County
Judge E. Vernon Douglas
Defense: Public Defender Dennis Roberts, Deputy Public Defender Jimmy Hunt

The defendants belonged to the secretive religious group called Endtime Ministries, led by Charles Meade. Mr. Meade didn’t believe in utilizing medical doctors for his followers.
Tragically, the Hernandez family lost their daughter. The couple was convicted of failing to provide her medical attention.
The trial was covered live on COURT-TV and was reported on extensively by the Miami Herald (Sunday, December 30, 1990) and was featured on ABC’s 20/20.
Mr. Cupp was the sole prosecutor.

State v. David Lindsey, Sr. (September, 1989)

15th Circuit, Palm Beach County
Judge Thomas Sholts
Defense: Richard Lubin, Tom Gano

The defendant was the first single male permitted to adopt children (all teenaged boys) in Florida.
He was convicted at trial of several counts of molestation in a widely publicized and very difficult trial.
Mr. Cupp was the lead prosecutor.