Where this deaf man will live remains unsettled

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http://www.sptimes.com/2006/05/31/Tampabay/Where_this_deaf_man_w.shtml

A hearing for the man to stay in a Seminole independent living facility turns testy. His lease expires tonight.

TAMPA - The judge scolded the lawyers, admonished a key witness for evading questions and cautioned Rusty Ackerman not to be argumentative when he accused an attorney of making up a "bull story" about him.

But no one resolved the question of where the deaf and blind man will go when his lease expires tonight.

At issue is a court order sought by Ackerman to allow him to stay in Bayou Courtyard, an independent living facility for the deaf in Seminole. The owners of the apartment complex, the Deaf & Hearing Connection of Tampa Bay, say Ackerman's lease should not be renewed because he violated rules and frightened staff members and tenants with his quick temper.

The case, which began last week, continues today.

U.S. District Judge Richard Lazzara was outspoken throughout Tuesday's hearing. At the start, he warned Ackerman's lawyer, Ken Dandar, to tread lightly after Dandar accused staff members from Deaf & Hearing Connection of threatening residents into testifying against his client.

Their attorney, Sam Heller, said he "categorically denied" Dandar's accusations. None of the witnesses who testified Tuesday said he was threatened.

Lazzara later had harsh words for Heller after the attorney called a witness who was expected to describe Ackerman's violent tendencies.

The witness, Douglas Karn, is blind, deaf and has cerebral palsy. He said Ackerman once bumped into him on a sidewalk, forcing him against a fence. Another time, Ackerman used his computer and smashed the mouse into the mouse pad, Karn said.

Lazzara was incredulous. He told Heller he didn't consider those to be violent outbursts and warned him to be careful calling any more residents of Bayou Courtyard.

"Don't put on another witness like that because all you are subjecting them to is a lack of respect. And it just isn't right," Lazzara said. "My heart goes out to all of these people. So let's get on to some relevant testimony here."

Lazzara also admonished Julie Church, the executive director of Deaf & Hearing Connection. He intervened when Dandar grew frustrated trying to get Church to answer his questions.

"These are very simple questions," Lazzara said. "If a witness - like you - continues not to answer a very simple question, that affects me."

Ackerman was born deaf. He has lived at Bayou Courtyard since 2002 but said he never had any problems with staff before losing his sight in 2004. Ackerman said the staff is trying to throw him out of the complex to punish him because he is outspoken and stands up for his rights.

But Ackerman displayed his brusque side Tuesday.

Heller quizzed Ackerman, who communicates with tactile sign language, about notes in his case file that suggest he had been arrested. Ackerman said he does not have a criminal record, a claim supported by Florida Department of Law Enforcement records.

"You're wasting my time with this bull story," Ackerman said through a court-appointed interpreter. "I don't want to give the same answers again and again."

Ackerman then went on to demand police records to support Heller's claim.

"What about my freedom?" Ackerman said.

That's when Lazzara stepped in again.

"Mr. Ackerman, you would have made a good lawyer," he said. "But you leave the argument to your lawyer."
 
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