Thank you for visiting The Islander Newspaper Online.

We are currently updating our website to provide you better service and function.
If you would like to access the new site, please, click here: The Islander Newspaper

Sorry for any inconvenience. Our new site and service will resume shortly.

Web Master

The Award Winning & Best News on Anna Maria Island, FL Since 1992

"The Award Winning & Best News on Anna Maria Island, FL Since 1992"

Thursday, Nov, 20, 2014
Florida Press Assn. Award-Winning Web Site
Home Latest News Weather Sports Real Estate Classifieds Island Guide Islander Store

 SECTIONS

 • 

Main News

 • 

Classifieds

 • 

Opinions

 • 

Streetlife

 • 

Calendar

 • 

Fishing

 • 

Sports

 • 

Real Estate

 • 

Obituaries

 • 

Weather

 Features

 • 

Cortez Cook Off: The Results

 • 

Anna Maria Island Bridge FDOT replacement bridge

 • 

National Hurricane Center (Atlantic)

 • 

Advanced Search

 • 

I love AMI

 • 

Mystery Story

 • 

Fishing Laws

 Classifieds

 • 

Classifieds Page

 • 

Place An AD

 • 

Items for Sale

 • 

Garage Sale

 • 

Estate Sale

 • 

Announcments

 • 

Lost & Found

 • 

Pets

 • 

Transportation

 • 

Boats & Boating

 • 

Fishing

 • 

Kids 4 Hire

 • 

Help Wanted

 • 

Health Care

 • 

Services

 • 

Lawn & Garden

 • 

Landscaping

 • 

Home Improvement

 • 

Business Opportunities

 • 

Rentals

 • 

Real Estate

 Weather

 • 

Today's Forecast

 • 

10 Day Forecast

 • 

Today's Tides

 • 

Emergency e-mail

 • 

Storm Watch

 Archive

 • 

News Archive

 • 

2009 Top Notch Gallery

 • 

2008 Top Notch Gallery

 • 

2007 Top Notch Gallery

 • 

2006 Top Notch Gallery

 • 

2005 Top Notch Gallery

 • 

2004 Top Notch Gallery

 Useful Links

 • 

Island Links

 • 

i.wed

 • 

Islander Store

 • 

About this Site

 Contact Us

 • 

Islander Store

 • 

Subscribe

 • 

About Us

 • 

e-mail us

Story Tools

Date of Issue: March 03, 2010

Cumberís appeal lacks support

Lawyers for a former Islander returned to prison for violating probation on an arson conviction dispute his reasons for appealing his sentence.

William J. Cumber, formerly of Anna Maria, was sent back to prison in May 2009 to serve a 13.5-year sentence for violating probation on a 2006 arson conviction.

Cumber admitted to violating probation, but said there were mitigating circumstances that should result in leniency in his sentencing.

The events that drove him to violate probation — to be caught in another county behind the wheel of a truck without a valid license — are directly linked to the investigation into missing Haley’s Motel-owner Sabine Musil-Buehler, according to Cumber.

Cumber was Musil-Buehler’s boyfriend in November 2008, when she was reported missing. He provided authorities with her last known whereabouts. He said the two of them were in their rented apartment on Magnolia Avenue in Anna Maria Nov. 4, 2008, when they argued and she left.

As authorities investigated her disappearance as a likely homicide and the arson fire that destroyed a building at the motel complex in late 2008, Cumber was repeatedly questioned and, eventually identified as a person of interest in the cases.

Cumber said he despaired. He lost work, lost friends, lost his apartment and eventually, he told the court last year, he felt compelled to leave the area.

Cumber was arrested Dec. 22, 2008, near Ocala in Marion County. He was driving a pickup truck with an expired tag and without a valid license. He served 10 days in the Marion County jail before being transferred to the Manatee County jail to face a judge on a charge that he violated probation by leaving the county without permission and for being arrested on a new offense.

Last spring, Cumber admitted to violating probation and was sentenced to 13.5 years in state prison.

Soon after, Cumber appealed the sentencing to the Second District Court of Appeals.

That process has moved slowly, but most recently Cumber’s lawyers — public defenders James Marion Moorman and Richard P. Albertine Jr. — filed what is known as Anders brief, which basically indicates their position that the appeal lacks merit.

Cumber has asked for relief from the court on the grounds that his conviction was obtained by the unconstitutional failure of the prosecution to disclose evidence favorable to him, that the conviction violated the protection against double jeopardy and that the court lacked jurisdiction to impose the sentence.

Further, Cumber has alleged mental scare tactics, persuasion, neglect by his probation officer, opinionated prosecution, publicity swayed opinion, cruel and unusual punishment and improper counsel.

Regarding the last allegation, Cumber alleged, that his “lawyer didn’t argue certain argumentative arguments that would of possibly helped the judge understand certain over-exaggerated circumstances presented by the prosecution.”

But Cumber’s defense attorneys in the case recently wrote to the appeals court, “Despite a thorough reading of the record on appeal and a review of the law on arguable points, the undersigned appellate counsel can find no meritorious argument to support the contention that the trial court committed significant reversible error in this case.”

They recommended that if the appeals court finds a possibility of error in the lower court’s actions, it should appoint other counsel for Cumber or allow the defense attorneys to file another brief on his behalf.

Have your say:

No comments for this page. Feel free to be the first

Username:

Contact:

(email or url)

Subject:

Your View:

Please enter the security code below:

security  

Get breaking news

Follow the Islander on TwitterBecome a fan of The Islander on Facebook

Sign up to receive breaking news alerts via e-mail. We'll send you a notice when the news and classifieds appear online every week, before the print edition hits the streets.

Click here for Gulf oil spill updates related to Anna Maria Island.

Historic Anna Maria City Pier Plank Walk

Put your name, your message, your memorial on the Historic Anna Maria City Pier prior to the Pier Centennial Celebration! And join the fun!

CLICK HERE for Stoltzfus e-mails and related court documents.


FREE Island
Vacation Guide:
get it here

Cortez Cookoff

Click here for 2010 Cortez Cookoff Winner and recipes

To advertise here, please
visit our rates page
or contact us at:
sales@islander.org
Phone: (941) 778-7978
Fax: (941) 778-9392

Back to top of Page

Home | Weather | Real Estate | Classifieds | Archives | Contact | Island Links
Islander Store | Subscribe About this site | Classifieds Page | Place an Ad
For Sale | Garage Sales | Announcements | Lost & Found | Pets | Transportation
Boats & Boating | Fishing | Kids for Hire | Help Wanted | Health Care | Services
Lawn & Garden | Landscaping | Home Improvement | Business Opportunities | Rentals | Real Estate

Our Privacy and Copyright Statements © 1992 - 2009, The Islander