ORANGE COUNTY, Fla.,None — A former state trooper finally pleaded no contest to allegations he was ‘sexting' a teenager. James Gilbert's case has dragged on a year and a half and involved 14 motions to dismiss, but Friday the judge gave him an ultimatum: plead or go to trial.
No one can accuse attorney Neal McShane of not putting up a vigorous defense for former state trooper James Gilbert.
"We're entitled to know everything in this case," McShane said.
He argued that jurors were entitled to see not only his client's text messages to a 17-year-old girl, but the teen's as well.
"How are they relevant to the case?" Judge Marc Lubet questioned.
"Context," McShane replied.
When Gilbert was still on the FHP payroll, he was accused of sending more than 600 sexually-explicit text messages to the daughter of another state trooper. Eyewitness News learned one of Gilbert's tamer messages read, "I already feel like a dirty old man. But I can't help it. And I love 2 hear your voice. It excites me."
But it's the teen's response to texts like that one that Gilbert's attorney wanted potential jurors to see.
"I don't know why everybody's trying to keep it out. Once we see them, the state might be willing to make a deal," McShane said.
Neither Judge Lubet nor the state saw the relevance of the girl's texts to the charges against 46-year-old man for solicitation of a minor via computer.
"All of these motions, all of these attempts to prolong the proceedings are really irrelevant," prosecuting attorney Ryan Williams said.
In the end, Gilbert was given just one choice, a change of plea or a Monday trial date.
"No contest," Gilbert pled Friday when confronted with the decision.
Sentencing is now set for April and Gilbert's attorney is already preparing his appeal.
Each of the ten counts against Gilbert carries a maximum sentence of five years in prison. He's being released on his own recognizance until his April 19 sentencing without a monitoring device.
WFTV
