Introduction to the Case
A high-profile, four-year effort to convict former Broward Superintendent Robert Runcie of a felony perjury charge ended with a whimper Monday as state prosecutors agreed to dismiss the case.
The move, announced in Judge Martin Fein’s courtroom shortly before 9 a.m., eliminated the need for a trial that was scheduled to start with jury selection Monday morning.
Agreement Details
Runcie’s lawyers and the Office of Statewide Prosecution reached an agreement similar to a pretrial intervention, where Runcie agreed to acknowledge he made untrue statements but not admit to any crime. He also agreed not to violate the law for six months and to pay $4,741.52 for the costs of prosecution.
“On April 1, 2021, I was placed under oath before the Twentieth Florida Statewide Grand Jury. While under oath I gave answers to questions,” Runcie said in a statement included in the agreement. “Although I did not intend to commit perjury before the Grand Jury, some of those answers were misleading, inaccurate, and therefore untrue.”
Conditions of the Agreement
If Runcie doesn’t comply with the terms, the state has the option to refile the case, Richard Mantei, a prosecutor for the state, told the South Florida Sun Sentinel outside the courtroom.
“This is a disposition that’s often reached with low-level, third-degree felonies, which this one is,” Mantei said.
The agreement approved by Fein is slightly different than what the prosecutors and defense agreed to late last week.
Mantei wanted to offer a traditional pretrial intervention where the case would be deferred for six months and would then be dropped if Runcie met the terms of the agreement. But Fein said he didn’t want to keep the case open another six months. So the parties agreed to drop it now.
Background of the Case
Runcie has racked up more than $230,000 in lawyers’ fees, which the school district has paid, according to records obtained by the Sun Sentinel. His 2021 separation agreement with the district states that if Runcie pleaded guilty or no contest, or was found guilty of the charges, he must reimburse the district.
The Sun Sentinel has reached out to the district to ask whether the dismissal of his case means he won’t have to reimburse the district and whether the district will pay him for the prosecution fees or he must cover those out of pocket.
Runcie was indicted in April 2021 on a felony perjury charge, after prosecutors say he gave false statements to the grand jury when asked about whether he was prepped for his testimony.
Previous Developments
He answered no, according to the grand jury transcript, but prosecutors produced evidence that he had spoken to Mary Coker, who was then the procurement director, to get assistance on a contract he was being asked about. Coker was expected to testify as a key witness had the case gone to trial.
The case first appeared like it might be over two years ago. Fein dismissed the case in April 2023, siding with an argument from Runcie’s defense lawyers that a statewide grand jury can only bring charges if an alleged crime happens in more than one jurisdiction.
But the prosecutors appealed to the 4th District Court of Appeal, which reversed the decision last year, saying the crime did span multiple jurisdictions because Runcie was testifying to jurors in multiple counties who were watching through videoconference during the COVID-19 pandemic.
Other Related Cases
Runcie’s defense lawyers tried to get the case dismissed again last week but Fein refused, making plans to start the trial this week.
“After the hearings before the court and some of the rulings the court made, both parties, the state and the defense, carefully assessed the situation, and that gave rise to some conversations into the night Thursday night and Friday morning toward a resolution,” Runcie lawyer Mike Dutko told the Sun Sentinel outside the courtroom.
Runcie was one of three former administrators who was indicted by the statewide grand jury in 2021, the others being former General Counsel Barbara Myrick and former Chief Information Officer Tony Hunter.
Hunter was indicted on second-degree felony charges of bid-rigging and bribery in January 2021 related to his role in a questionable technology contract that benefited a friend. He pleaded not guilty. The state dropped the bid-rigging charge and a circuit court judge dismissed the bribery charge last year on jurisdictional grounds. The state has appealed the judge’s decision, and the case is still active.
Conclusion
The dismissal of the case against Runcie brings an end to a long and complex legal process. The agreement reached between the state and Runcie’s lawyers allows him to avoid a trial and any potential penalties, but also requires him to acknowledge that he made untrue statements and to pay the costs of prosecution. The case has also raised questions about the use of statewide grand juries and the jurisdiction of such bodies. As the case comes to a close, it remains to be seen what implications it will have for the school district and the community.
FAQs
Q: What was the charge against Robert Runcie?
A: Runcie was charged with felony perjury.
Q: Why was the case dismissed?
A: The state and Runcie’s lawyers reached an agreement similar to a pretrial intervention, where Runcie acknowledged making untrue statements but did not admit to a crime.
Q: What are the terms of the agreement?
A: Runcie must not violate the law for six months and pay $4,741.52 for the costs of prosecution.
Q: Can the state refile the case?
A: Yes, if Runcie does not comply with the terms of the agreement, the state has the option to refile the case.
Q: What is the status of the other cases related to the statewide grand jury investigation?
A: The cases against Tony Hunter and Barbara Myrick are still ongoing, with Hunter’s case on appeal and Myrick having pleaded no contest to a misdemeanor charge.