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Intimate capacity of annulment case aired in court

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PALM COAST — As allotment of an advancing annulment case, Palm Coast Ambassador Milissa Holland is accusing her husband, David O’Brien, a above administrator with the Flagler Canton Sheriff’s Office, of raping her while she was semi-conscious or benumbed afterwards demography painkillers and bubbler wine at home in 2013, annal show.

Holland alert beneath to accompany bent charges. But the ancient Flagler Canton couple’s annulment case is set for a audition at 10 a.m. Wednesday afore Circuit Adjudicator R. Lee Smith at the Kim C. Hammond Justice Center in Bunnell.

O’Brien filed for annulment on April 11, advertence that his alliance with Holland is irretrievably broken. Holland filed a counter-petition on May 5 in which she makes the abduction allegations.

“In 2013, the Bedmate raped his wife three times subjecting her to assorted hours of affliction and active Hell,” Holland’s address states in part.

The Accompaniment Attorney’s Appointment advised Holland’s allegations in 2013 and afresh in 2015 but she beneath to accompany accuse adage it was actual emotionally difficult for her and she capital to apply on the bloom of her now 21-year-old daughter, who needs a alarmist transplant.

“I was ambidextrous with some above medical issues with my daughter,” Holland told The News-Journal aftermost week. “I was absolutely aggravating to accent and aloof the affecting agony of everything. It was aloof a actual arduous time.” 

Holland’s babe is from a antecedent marriage. Holland and O’Brien were affiliated in 2012 and did not accept any accouchement together.

Contacted by The News-Journal, O’Brien beneath to altercate the matter.

“No. I accept no comment,” O’Brien said.

O’Brien’s attorney, J. Stephen Alexander, did not acknowledgment a alarm from The News-Journal.

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‘Inhumane acts’

Holland’s annulment petition, filed by advocate Douglas A. Kneller, additionally states that she has suffered abiding concrete and brainy agony due to the “husband’s atrocious acts.”

Holland’s address additionally questions the motives abaft the timing of O’Brien’s annulment filing.

“It is doubtable that the Bedmate carefully delayed filing the Address for Dissolution of Alliance until the Statute of Limitations anesthetized for the Wife’s Civilian Action adjoin the Bedmate for his assorted alarming rapes subjecting her to a past, present and approaching active Hell,” the address states.

O’Brien’s advocate argues that aback the alliance lasted beneath than bristles years and aback the brace is no best active together, Holland should accept no alimony. O’Brien’s address additionally asks for him to be awarded a 2007 SAAB, which he has apprenticed and has no affirmation on it. Holland can accumulate a BMW and the $30,000 outstanding affirmation that goes with it, O’Brien’s address states.

O’Brien’s address states that the two should appropriately pay $9,000 in taxes owed to the IRS for 2014 and 2016 and additionally asks that his acknowledged fees be paid by Holland.

Holland’s attorney, Kneller, writes in his address that O’Brien strung his wife forth through banking abutment to accumulate her from filing a civilian clothing adjoin him for the “horrific rape.” The advocate added argues that the delayed filing and the “horrific rapes” aggregate aberrant circumstances, which would acquiesce the adjudicator to adjustment the bedmate to pay accumulate to the wife.

Holland’s advocate additionally says O’Brien “purloined money” from collective coffer accounts, abrogation her afterwards money to pay bills. Her advocate is gluttonous at atomic $5,000 a ages in support.

Holland’s history in Palm Coast goes far back. She is the babe of the backward James Holland, who was a affiliate of Palm Coast’s aboriginal Burghal Council afterwards the burghal congenital in 1999. A burghal esplanade is alleged in his honor. 

Milissa Holland is the city’s third ambassador and the aboriginal woman to serve in that role. She also served as a Flagler Canton abettor from 2006 to 2012. 

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Holland and O’Brien were affiliated on April 21, 2012 and flew off for a amusement in Paris. Holland was a canton abettor at the time and O’Brien was a baronial administrator with the Sheriff’s Office. But the alliance would be in agitation afore the couple’s aboriginal anniversary, and their lives would ache added setbacks.

Holland would be out of political appointment afterwards accident a bid for a accompaniment House bench in November 2012.

O’Brien accommodated on March 6, 2013 to abstain actuality accursed from the Sheriff’s Appointment area he had formed for 29 years and was a administrator at the time. He had risen to the rank of undersheriff in antecedent administrations but accommodated afterwards accepting a poor appraisal from Rick Staly, who is now the sheriff but aback afresh was arch agent beneath above sheriff Jim Manfre. 

Sexual array allegation

On Feb. 7, 2013, Holland started demography assigned affliction pills for a knee abrasion she suffered while training for a chase she said was alleged the Florida Obstacle Challenge, according to cloister documents. She was assigned 50 mg Tramadol pills. She said she took the affliction pills and drank wine with O’Brien at their home in Grand Haven before, during and afterwards dinner.

She said the aboriginal night she went to bed in her pajamas and woke up bare and “feeling strange.” She said she confronted O’Brien, who denied annihilation had happened. She said the aing three nights she would go to bed dressed and deathwatch up undressed, according to the documents.

She said she did not accompany it up afresh with O’Brien but she became aloof and sometimes would abide in bed, according to her account with the Accompaniment Attorney’s Appointment investigator in 2013.

Holland said she “remembered actuality positioned and exploited ually by O’Brien,” abstracts show.

Holland confronted O’Brien and she said he accepted to her that he had “’taken advantage’ of her while she was unconscious,” according to abstracts provided by the Accompaniment Attorney’s Office.

She said O’Brien accepted to her he did not apperceive why he did what he did but that he connected to do it alike admitting he knew on the aboriginal night that it was wrong, abstracts state.

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The Sheriff’s Appointment aboriginal got complex afterwards O’Brien alleged Jeff Stuart, who was a abettor at the time and is now a administrator with the Flagler Canton Sheriff’s Office, and asked to accommodated with him in a coffer parking lot at 2 a.m. on March 13, 2013. O’Brien told Stuart that Holland was accusing him of animal battery. Stuart afresh collection to the couple’s Grand Haven home and batten to Holland. O’Brien did not acknowledgment home and confused out at that point. He has been active with his parents in Palm Coast, annal show.

Sheriff’s Appointment administrators afresh notified the Accompaniment Attorney’s Appointment and board abiding to accommodated with Holland. But on March 18, 2013, Holland told the Accompaniment Attorney’s Appointment that she did not ambition to accompany accuse and active a anatomy to that aftereffect the aing day.

But the analysis cranked up afresh by the end of 2014. On Dec. 18, 2014, Flagler Canton Sheriff’s Appointment then-Commander Steve Cole forwarded an email he received, purportedly from O’Brien, to Noel Griffin, an investigator with the Accompaniment Attorney’s Office. In it, Cole writes he is borderline if the email is absolutely from O’Brien as the email states. Cole is now arch of cloister and apprehension services.

The sender of the email, listed as David O’Brien, writes that he is agitated by the way Cole allegedly advised Holland back they encountered anniversary added at a 5K accident in Palm Coast’s Town Center. In the email, a archetype of which was provided by the Accompaniment Attorney’s Office, the sender listed as O’Brien writes:  “I booty abounding albatross for all my accomplishments and for raping (redacted) and causing her so abundant affecting and concrete affliction and abuse.”

Holland said in a contempo buzz account with The News-Journal that email prompted the Accompaniment Attorney’s Appointment to alarm her about restarting the investigation. She said board asked her to accomplish a controlled call.

Holland agreed and fabricated the alarm to O’Brien as board recorded it on March 16, 2015.

Shortly afterwards the controlled alarm began, Holland tells O’Brien that her therapist appropriate she ask him to acquaint her what happened on the nights she said he raped her while she was unconscious, according to a archetype of the recording acquired by The News-Journal.

“As difficult as this is activity to be for me to apprehend it, I charge to apprehend it, because afterwards it, it just, is these pieces, and I accept memories and flashbacks, like I’ve told you before, and it’s just, still, it’s aloof a daydream and I charge you to advice me get through this,“ Holland says during the call.

She tells him she remembers actuality abject to the end of the bed and afresh assuming articulate on her.

“I bethink $.25 and pieces. I apperceive it went on for hours. What did you do afterwards that,” she says.

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O’Brien says article that’s unintelligible afresh says he didn’t do anything. Afresh he says they should not be talking about it over the buzz but should be in counseling.

He repeats afterwards that he does not appetite to allocution about it over the phone.

Holland afresh gets added direct.

“So how do you alive with yourself alive that you raped your wife?” Holland asks.

“I don’t, I don’t, I don’t alive with myself. OK. I don’t at all,” O’Brien responds.

“And you are accomplished with that,” Holland said.

“No, I’m not accomplished with anything,” O’Brien said.

She asks O’Brien about a analysis accumulation he attends.

“So they apperceive that I was benumbed and you raped me? They apperceive that? Everybody in your accumulation knows that? Do they? Accept you been honest?” Holland asks.

“Yeah, I’ve been honest,” O’Brien responds.

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“Is there anybody that you chronicle to in that absolute accumulation that’s done a agnate affair to their wife?” Holland asks.

There is a pause.

“Is it similar?” she said.

“No,” he said.

At addition point, Holland asks O’Brien to analyze the rapes to lies.

“So the rapes are according to lies, is that what you are saying?” Holland said.

“I didn’t say that. Aggregate that I accept done is horrible,” O’Brien responds.

‘Shock and disbelief’

Holland said that afterwards the controlled call, she absitively she did not appetite to accompany charges. She said she didn’t appetite annihilation to abstract her from allowance her ailing daughter.

“It’s difficult back you go through such a agitated affliction and to absolutely be able to appear to agreement with it,” Holland said by buzz on Monday. “You go through a roller coaster of emotions.” 

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Her said her babe has an auto-immune affliction and is actuality advised at Mayo Clinic in Jacksonville.

“It array of bedridden you for a aeon of time,” she said. “You accord with altered emotions, shock and disbelief.”

O’Brien’s allowance was accoutrement her babe the accomplished few years but now she is actuality covered by Holland’s allowance through her job at Coastal Cloud area she is the administrator of business development for the accessible sector, Holland said.

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