Defending Joe Scarlett: the case of the century

BEACON PHOTO/PAT HATFIELD
Courtroom scene — Pastor William Yesse of Emmaus Lutheran Church in Orange City speaks at a memorial service for Joe Scarlett III, as the courtroom on the second floor of the Volusia County Historic Courthouse overflows with people there to pay their respects to the late Scarlett, a local attorney who spent perhaps thousands of hours in the building when it was in use as a courthouse.

BEACON PHOTO/PAT HATFIELD
Sanders for the defense — Retired Circuit Judge Edwin Sanders tells of his experiences with local attorney Joe Scarlett, during a July 3 memorial service at the Volusia County Historic Courthouse in DeLand.

By Pat Hatfield
BEACON STAFF WRITER

posted Jul 10, 2009 - 9:11:11am

If judged by the numbers of judges and attorneys present, it will stand as the case of the century.

They took over the courtroom in the Volusia County Historic Courthouse July 3, to try the case of Joseph Alexander Scarlett III, who faced the ultimate judge before a crowd of perhaps 200 people and great clouds of heavenly witnesses.

Scarlett died at home June 28.

The historic courthouse was the appropriate setting for his defense. Attorney Scarlett spent countless hours in the historic building, when it was a working courthouse, defending his clients.

Pastor William Yesse of Emmaus Lutheran Church in Orange City officiated.

The defense was vigorous. Witness after witness took the stand, painting a picture of Joe Scarlett, who practiced law in DeLand for 57 years.

Witnesses included Judges Peter Marshall, C. McFerrin Smith and Edwin Sanders. Scarlett’s nephew Phillip Dumas, local Realtor® Bill Mancinik and attorney Mike Teal testified about their youthful experiences with Scarlett, who helped shape the course of their lives.

Scarlett lived out loud, according to the July 3 testimony. He was loud, with a big booming voice that he used to defend his clients. Scarlett could think on his feet and come up with the right quip, question or answer to help his client.

Scarlett enjoyed life, and he loved law and the courtroom. He loved people, and understood them very well.

He put that understanding to work on judges, jurors and prosecutors, sizing them up to help him win cases, McFerrin Smith said.

Scarlett took a stand on civil rights, when that wasn’t popular with everyone, DeLandite Brenda Cusack noted. Scarlett worked on the principle that you can’t legislate love, but you can apply the law to how we treat each other.

Scarlett influenced the thinking of judges and encouraged young attorneys.

“He loved being heard,” Sanders said, and was “one of the most talented trial lawyers I have ever seen. Joe, we’re going to miss you.”

Scarlett’s wife, Sheila, said she was amazed and thankful that so many people came to see Joe off, both at a short graveside service at Oakdale Cemetery, and at the memorial service in the courthouse where Scarlett practiced law.

After the testimony, the court and witnesses adjourned to the Scarlett home to deliberate, fortified with food and drink.

Though the verdict has yet to be published, it’s likely Scarlett made it through the pearly gates.

— pat@beacononlinenews.com

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