Courtesy of The Tampa Bay Times
By Susan Taylor Martin
March 4, 2015
The Case of the Not-Welcome Neighbor has moved into court.
In a recently filed lawsuit, Dr. Nathan Hameroff alleges that the "unspeakable behavior" of fellow Signature Place condo owner Brian Daly has driven off tenants and affected the quality of life in the downtown St. Petersburg high-rise.
"Starting in 2010, (Daly) has created a nuisance by his unlawful acts, smells, harassment, profanity, indecent exposure, threats, calls to 911 and noises emanating from his unit," according to the suit, filed in Pinellas County Circuit Court.
Hameroff, who owns and leases out a condo next to Daly's 24th-floor unit, is seeking damages from the loss of rental income and an injunction blocking Daly from further disturbances. Some of the incidents involving him were the subject of a Tampa Bay Times story last summer.
Attached to Hameroff's suit are affidavits from three of his tenants relating their experiences with the 58-year-old Daly, a retired teacher:
• A young woman said she terminated her lease early after Daly appeared naked outside of her apartment and made "overly friendly comments'' about her appearance. She said she became so afraid of him that she "felt like a prisoner in her own unit" and had to have Signature Place employees escort her to and from her door.
• A financial adviser also moved out prematurely, after he and his 12-year-old son saw Daly and his girlfriend in a violent argument while Daly was "pacing in the hallway completely naked."
"Out of concern for the safety of my family, I felt that I had no choice but to terminate my lease early," the adviser testified, adding that he bought his wife a stun gun for protection.
• A physician who received a "significant reduction'' in rent for leasing Hameroff's unit said he frequently saw Daly "behaving irrationally, dangerously, and apparently under the influence of drugs and/or alcohol." He said he noticed "putrid, intense odors" coming from Daly's apartment and heard so much "moaning, groaning and yelling" that he worried about what was going on in there.
"To say I'm extremely vigilant in locking my door is an understatement," the doctor testified.
The suit also lists 31 incidents of Daly's conduct, including one in which he threatened a moving man and another in which he used "extreme profanity" while he claimed to be talking to Hillary Rodham Clinton on the phone as he sat by the pool.
Much of the turmoil has stemmed from Daly's fights with his on-again, off-again girlfriend, Trimetrius Denise Austin, 30, who has been arrested numerous times for cocaine sale and possession. In the past few years, St. Petersburg police have answered dozens of 911 calls from or about the couple, as recently as Feb. 12, when Daly claimed Austin had punched him five times in the face but said he did not want to press charges.
Daly himself faces a misdemeanor charge of abusing the 911 system after he made 10 calls on Jan. 3, including some involving his claim from a day earlier that Austin had stolen his car.
Daly could not be reached for comment Friday. In a letter to him in October, the Signature Place Condominium Association warned it would take legal steps to permanently remove him from the building unless he ceased his "drunken and obnoxious" ways.
"The residents have had to endure your behavior and your guests' behavior long enough," the letter said.