CourtWatcher

Hero in Seminole County

2012-01-25T09:34:00.004-05:00

I would like to take this opportunity to recognize theoutstanding work done by Seminole County Sheriff's Sgt. Mark Conway for his role in the Macchione case,about which I last blogged. I don't think I am exaggerating when I say that hisactions and astute police work prevented Macchione's victim from a kidnapping,torturous sexual assault, and probable death.

On the evening of 9/19/09, Sgt. Conway was working anoff-duty detail at one of UCF's student housing complexes. He noticed the defendant, dressed in black, carrying a black backpack, and riding a bicycle aimlessly through thecomplex. He stopped the suspect forquestioning. After ascertaining that he was not a resident, nor visiting anyonein particular, Sgt. Conway arrested the defendant for loitering/prowling.

He subsequently searched the backpack. In addition to the condoms, pornographic materials and other sexual paraphernalia, he found a video camera.

Upon reviewing the videos, Sgt. Conway became alarmed at their content. He described them as "chilling." They depicted the defendant in various locations addressing a young lady who was not present in the video. In one recording, Conway testified that the defendant said:

"What I like about you is that you're smart, you're prepared for a tragedy, and if something were to ever go horribly wrong, which could happen, you have a settled enough brain to deal with it.

"If you listen to me, you'd shed your Outback clothes for good. [the victim worked at an Outback Restaurant]

Suspecting that he was stalking a younglady, Sgt. Conway set out to identify and warn her of the situation.

He managed to identify and locate the victim, who must have been both relieved that law enforcement had taken notice and terrified that Macchione was still attempting to locate her. He was surprised to learn that the extent of the relationship between the parties was merely one of a brief acquaintance.

Once he located her, she advised him of the YouTube videos that had been posted. She had been trying to bring a case against him (having received an injunction against him two months earlier), but had thus far been unsuccessful.

He testified that he believed that the video described in my last post, wherein Macchione "shot" the viewer and then himself with an imaginary gun, was depicting an event that could really occur.

Sgt. Conway contacted the Seminole State's Attorney Office to view the videos and potentially have the $300 bond for the loitering arrest increased. On 10/1/09, the defendant's bond was increased to $500 and modified to include GPS monitoring, and no contact with the victim. Judge Mark Herr also prohibited him from UCF's campus and the victim's place of employment. Macchione subsequently pled guilty to the loitering charge and received a "time served" sentence of 41 days in jail. At this point, GPS monitoring and any restrictions put upon him by the Seminole Court were over.

As the case progressed, Sgt. Conway aided Orange County's prosecution by downloading the YouTube videos for their use and attended everyhearing without requiring a subpoena.

Stalking Awareness Month

As one who has spoken with many victims attempting todeal with the terror that a stalker inflicts upon them, and law enforcement'sall-too-frequent inability (perhaps unwillingness?) to investigate and buildthese difficult cases for prosecution, Sgt Conway's actions were extraordinary.

Although public awareness is greater than it once was and stalking laws have improved, mostvictims are often told "there's nothing we can do" when they call forhelp.

Kudos to Sgt. Conway. Words are inadequate to express ourappreciation for the work you did in this case.

More: Fox-35 Report

Judge Michael Murphy: "If I was the victim, I would not be happy"

2012-01-21T18:06:00.001-05:00

"If I was the victim, I would not be happy," said Judge Michael Murphy as he pronounced the sentence at the conclusion of Patrick Macchione's 3+ hour sentencing hearing yesterday.

Macchione pled in December, 2011 to the following charges:

(1) count of written threats to kill or do bodily harm;
(1) count of aggravated stalking after injunction; and
(17) counts of violation of injunction.

Background

Macchione's victim's nightmare began in the spring of 2009 when she accepted a facebook "friend" request from the defendant after having briefly met him at UCF. When the tone of his messages became increasingly sexual, she "unfriended" him. He then began his relentless pursuit of her with hundreds of emails and phone calls - directly and indirectly.

She asked him to stop, but the harassment continued. Law enforcement told her they could not do anything because they didn't know where he was.

The victim filed for an injunction for protection in June, 2009 and was granted one for 10 years the following month.

Shortly after the imposition of the injunction, the defendant posted numerous YouTube videos of an angry, threatening, sometimes sexual, nature and sent the links to her friends (whose contact info he presumably collected while he and the victim were facebook friends), asking them to watch them. Those friends, in turn, contacted her to advise her of their existence.

The videos that were played in court would leave anyone terrified for their safety. In them he is obviously delusional and mentally ill. He insults and degrades her, insists that he will make her happy, and repeatedly demands that she meet with him and look him in the eye. They progress to tell her it's up to her to meet with him in order to save her own life.

The victim testified about one video which was produced outside the restaurant where she worked. While he was filming that video, he saw her car drive by and he ran after her. No doubt, a terrifying thing to watch.

The last video, which he sent directly to the victim, had no words. Simply gestures of him pointing at the camera (i.e., the victim), pulling the trigger of an imaginary gun twice at the viewer, putting the same "gun" to his head and pulling the trigger again.

Assistant State's Attorney Michelle Latham then read a dozen or more profanity-laced and sexually explicit YouTube messages into the record. These detailed his intent to follow her home, imprison, sexually assault and torture the victim and his desire to make her his. Additional threats of self-mutilation and suicide were made.

Note: these videos and messages have been removed from youtube.

As if that weren't enough, he used Twitter to further terrorize her (@kaypee). Twitter messages are still online (warning: graphic language).

History of Prosecution
In March, 2010 Macchione's case went to trial before Judge Bob LeBlanc but was declared a mistrial after the defendant became extremely agitated and somewhat disruptive during the victim's testimony. The Sheriff's deputies and the public defenders who represented him at the time were concerned that he might harm himself with writing utensils that were on their table. The defendant attempted to plead to the bench during the middle of his trial. He was then committed to DCF to undergo mental health treatment.

After competency had been restored, he pled guilty to all charges before Judge Murphy in December, 2011.

Sentencing Hearing
Dr. Jeffrey Danziger testified that the defendant was psychotic when he was admitted to the hospital. Macchione was diagnosed with schizophrenia and medications were prescribed that restored his competency last year. His mother testified that prior to his having been sent to the hospital, she felt that her son had been lost to her. She detailed numerous pre-diagnosis behaviors that Dr. Jeffrey Danziger described as precursors of schizophrenia.

His mother told the Court that there was a history of mental illness, drug use, retreat from society, eruptions of anger that escalated (dating back to age 7 when he chased an older brother through the house with a kitchen knife), and verbal abuse. Her son also suffered from a serious auto accident at age 17 wherein spinal injuries paralyzed him for several months. For a short while, he did well as a student at USF, but after transferring to UF he dropped out of school, gave away his belongings and became homeless. She testified that after he received the proper medications at the hospital, she began to see a dramatic improvement in his condition and she had hope for the first time in many years. She told the judge that it has been comforting to know that he's safe in jail and offered a heartfelt apology to the victim and her family for the hell that they've endured.

Macchione's attorney, Michael DiCembre, did an effective job of showing the judge that, in the words of Dr. Danziger "this was mental illness, not evil doing." He also provided witnesses to testify to post-incarceration treatment programs that would be suitable for his client.

The State provided documentation to the judge that DOC is equally capable of providing the treatment that the defendant so desperately needed.

The Sentence
The State's original plea offer in this case was 5 years DOC + 10 years probation (this was prior to adding the most egregious charge while he was hospitalized - Written Threats to Kill, which carries a 15 year sentence). The maximum possible sentence for the charges to which he pled would have exceeded 35 years if all counts ran consecutively to one another.

The defendant, at time of sentencing, had already spent over 2 years in custody.

The judge, having found that the mitigating factor of mental illness allowed a downward departure from the sentencing scoresheet's recommended sentence, ordered:

48 months DOC with credit for the 2 years 78 days time served
followed by (1) year of Community Control Level 2 (the most restrictive type that includes GPS monitoring)
followed by (2) years of Community Control Level 1
followed by (13) years of County Probation
no contact with the victim
comply with the injunction
no use of computer with internet except under supervision while in DOC, allowing him to communicate only with his family

In addition to the standard conditions of Community Control and Probation, the defendant was ordered to:

a residential treatment program as long as medically required or until further order of the court
comply with medical/drug regimen prescribed
random drug testing to assure compliance

When the judge asked Ms. Latham if there were any other conditions of release that ought to be included, knowing that she wanted more DOC time, she pointedly asked him to state the reason for the downward departure (of about 2 months). She pressed further and asked, "you find under the totality of the circumstances that you should do so?"

He replied yes.

Judge Murphy noted that under the circumstances the sentence is appropriate for the duration of the time that the offenses occurred. That it was a first offense - albeit a serious one. He then admitted that "If I was the victim, I would certainly not be happy."

He stated that the defendant satisfied the legal requirements for this sentence and that without the mental illness factor, Macchione would have likely been sentenced to 15 years or more in DOC for this case. He noted that even though many people in prison have psychological issues, that's not where they all belong, and that the defendant had responded to treatment in a positive manner.

Judge Murphy further noted that once he is released, he will be on the most restrictive level of Community Control. The judge commented that if Macchione is going to violate the terms of his release, it would most likely be during that first year when he's on GPS. The State could then prosecute him for Violation of Community Control and he would have the 15 year DOC sentence hanging over his head. He said:

"There is no possible way that the victim will be in harm's way during that period of time because they [Community Control] will let her know. Once she knows where he'll be residing she can make sure to make all efforts that she's nowhere around. Or if she decides to be in the same general vicinity she'll be sure to be in constant contact with Community Control. If there's any action by Macchione she will contact Community Control.

"There's no way she's really at risk during that time.

No possible way that the victim will be in harm's way? No way she's really at risk during that time?

Two observations:

The victim must assume the burden of monitoring her perpetrator's actions, thus having to continue looking over her shoulder - probably for the rest of her life.
In spite of the extra precautions of GPS monitoring and the very restrictive conditions placed upon the defendant, nobody can guarantee this woman's safety. She could relocate and perhaps be physically safe from him. But what about the psychological reign of cyber-terror that she endured for several months? He very well could find her on the internet - living in the same zip code, living across the country or around the world.

I just hope that Mr. Macchione complies with every restriction that is placed upon him.

And I pray that Judge Murphy won't have to eat his words.

See report on CF News 13 for more
See report on WFTV-9 here

__________

There's a hero in this story too. He undoubtedly saved this woman's life.

I'll write more about him in my next posting.

Whatever happened to . . . ? #38

2012-01-05T09:46:00.001-05:00

Today we're featuring Orange County domestic violence & child abuse/neglect cases that were featured in the media:

Ward, JamesRobert ("Bob")

2009-CF-013977-A-O

2nd Degree Murder w/Firearm

Defendant was convicted by a jury of killing his wife intheir Isleworth home

Defendant was sentenced to 30 years DOC (25years minimum mandatory) with crecit for 102 days time served. Click here for previous blog about the first bond hearing in this case.

Stewart, JustinLee

2009-CF-013317-A-O

1st Deg Murder; LSOAw/Injury

Defendant allegedly ran over and killed a woman in ahit-and-run road-rage incident after an argument at a nightclub. Defendant'smother Randi Joy Abrams, pled no contest to attempting to cover up evidencerelating to the vehicle (2009-CF-013322-B-O). Not sure if this case was DVrelated.

Pled no contest to Attempted Manslaughter w/Weapon & Leaving Scene of Accident w/Death, and sentenced to 15 years DOCw/credit 2 yrs 84 days time served.

Freeman, Keira

2010-CF-016249-A-O

2nd Degree Murder

Defendant allgedly stabbed her fiance to death

Pled guilty to manslaughter and was sentencedto 12 years DOC w/credit 1 year 9 days time served.

Gibson, LouisJean

2011-CF-003266-A-O

Arson of StructureKnown/Believed to be Occupied

Defendant allegedly set a mattress on fire in his family'sapartment because he was upset at a guest living in the apartment.

Pled to Attempted Arson and sentenced to 180 daysjail w/credit 40 days time served; 29 years & 6 months probation.

Whitted,Benjamin

2011-MM-007937-A-O

Battery

Defendant was shot by a deputy when he allegedly refused tostop strangling his girlfriend. Defendant's injuries were not life threatening.

Defendant was acquitted by a jury

Donaldson,Jahlea L

2010-CF-009976-A-O

Burglary of Dwellingw/Aggravated Assault WDW; Intro Contraband into Correctional Facility

Defendant, her sister & a friend allegedly assaulted hersister's ex-boyfriend inside his apartment w/a broken bottle of hot sauce

Case nolle prossed

Malofsky, Louis

2011-CF-005323-A-O

Robbery w/Firearm; AggAssault WDW; Battery

Defendant, an off-duty OCSO deputy, allegedly beat a man whohad a relationship with his adult daughter

No information notice filed – case dropped

Thornton, Stanley

2011-CF-005597-A-O

Home Invasion Robberyw/mask; Battery; False Imprisonment

Defendant allegedly pretended to be a flower delivery person& assaulted the victim in this 2004 Windermere case. Former Police Chief Daniel Saylornever investigated the FDLE DNA hit in 2007.

No information notice filed – case dropped

Lewis, JessicaM

2011-CF-009926-A-O

Cruelty Toward Child Abusew/o Great Harm

Defendant allegedly beat her 22-mo old child at the MagicKingdom because he would not walk properly

Pled no contest, adjudication waswithheld. Defendant was sentenced to 1day jail with credit 1 day time served, 18 months probation and 100 hours ofcommunity service.

Garcia, Elvin

2011-CF-009376-A-O

Agg Child Neglect

Defendant's 18-mo old child was spotted drinking beer in thefront yard while defendant was allegedly passed out

No information notice filed – case dropped

Tato, Elizabeth

2011-CF-014253-A-O

Neglect of Child

Defendant's 11-yr old son was allegedly left inside her carfor more than an hour as it was repossessed while she was gambling at a stripmall

No information notice filed – case dropped

Thomas, Ashley

2011-CF-016320-A-O

Neglect of Child

Defendant's 3-yr old son was found wandering the hallway of amotel while she allegedly went to a liquor store for at least 2 hrs.

No information notice filed – case dropped

Whatever happened to . . . ? #37

2012-01-04T19:37:00.001-05:00

Jordan, Rodrick

2004-CF-012202-A-O

Sexual Battery (coercesvictim) 2cts

Defendant was found guilty of a 1996 rape after DNA evidencelinked him to the attack

Defendant was adjudicated guilty by jury of onecount and sentenced to LIFE DOC w/credit 41 days time served

Smallwood,George Herman Jr

2010-CF-018273-A-O

Sexual Battery Vic<12;L/L Molestation Child<12 (2cts); Sexual Activity w/child (2cts); L/LMolestations (2cts); Use Child in Sexual Performance

Defendant allegedly raped a child for 2 yrs and claimed ademon made him do it.

Defendant pled no contest to Sexual Activityw/Child (2cts) & Lewd/Lascivious Molestation (2cts) and was sentenced to 20years DOC w/credit 322 days time served;to be followed by 38 years probation

Garcon,Guytembert

2011-CF-009258-A-O

Lewd Act in Presence ofChild

Defendant is one of 12 who allegedly sexually assaulted a15-yr old runaway and forced another 15-yr old to prostitution.

Defendant pled guilty to L/L Battery andsentenced to 10 years DOC w/credit 224 days time served.

Chisena, DalePietro Jr

2010-CF-004423-A-O

Possess Material DepictingSexual Performance by Child (50 cts)

Defendant's father taught 2nd grade at Lovell ElementarySchool for 33 years. They allegedly had over 1,000 child porn images on theircomputer, some appearing to be infant girls.

Pled no contest to 3 counts, all; other counts werenolle prossed. Defendant was sentencedto 3 years DOC w/credit for 1 day time served; 5 years probation & wasdesignated as a sex offender.

Thomas, David

2009-CF-010548-A-O

Sexual Activity w/child; L/LBattery; L/L Molestation

Defendant allegedly touched a 13-yr old boy in a wave pool atTyphoon Lagoon (see also 09CF10525) Defendant was found guilty after jury trialof L/L Molestation in 2009CF10525 and sentenced to 2y DOC + 5y prob in thatcase

Defendant pled no contest to L/L Molestation andwas sentenced to 24 months DOC w/credit 727 days time served; 5 years probation.

Pfaender,Richard Emerson

2011-CF-006058-A-O

L/L Exhibition; Burglary ofOccupied Dwelling; Att Sexual Battery

Defendant allegedly stalked and followed a 15-yr old boy intothe boy's home, removed his own clothing, and was quickly apprehended by theboy's father who returned home

Defendant pled no contest to Burglary and wassentenced to 15 months DOC w/credit 215 days time served; 5 years probation;ordered to undergo substance abuse evaluation & rehab.

Mangune,Michael

2011-CF-007468-A-O

Travel to Meet a Minor; UseComputer for Child Exploitation

Defendant allegedly agreed online to teach sex acts to a14-yr old girl at the request of her "mother"

Defendant pled to use of computer for childexploitation and was sentenced to 2 days jail w/credit 2 days time served; 18months community control; 3 years probation.

Brookins,Wilbert

2011-CF-002632-A-O

Sexual Battery PhysicallyHelpless; Theft of Credit Card; Petit Theft

Defendant, a reservation clerk for Disney, allegedly lured asingle mother to Central Florida with offiers of free park passes & bargainrate for hotel room, spent the day with her & later attempted to rape herafter she fell asleep in the room

Defendant was acquitted by a jury

Maldonado,Damian E

2010-CF-005563-A-O

L/L Molestation Vic 12-15yrsold (9 cts); Att L/L Conduct (15 cts); L/L Exhibition (2cts); FalseImprisonment; Battery DV offense date 12/1/09

Defendant is an Army recruiter who allegedly ordered a femalerecruit to partially disrobe for a body fat inspection & forced her tocommit oral sex in 2010CF8555

Defendant was acquitted by jury Counts 1-7; noaction was taken on other counts

Cabane, Utchey

2011-CF-008988-A-O

Sexual Battery; Child Abuse;Contrib to Delinq of Minor; Inflict Bodily Harm/Terrorize Victim

Defendant allegedly luried a girl who was on her way to thebus stop into his car and molested her after promising a ride

No information notice filed – case dropped.

Vargas, Jason

2011-CF-007469-A-O

Travel to Meet a Minor

Defendant allegedly agreed online to teach sex acts to a14-yr old girl at the request of her "mother"

No information notice filed – case dropped.

Balderas,Roldolfo

2011-CF-014870-A-O

Sexual Assault Victim>12;Battery

Defendant, a transient, allegedly attempted to rape a womanbehind a shopping center at Kirkman & Colonial

No information notice filed – case dropped.

Urich, Richie

2011-CF-010282-A-O

L/L Conduct

Defendant allegedly abuducted an 11-yr old Clearwater girland brought her to Orlando where the L/L conduct occurred

Case nolle prossed.

Quillen, PaulJoseph

2010-CF-011559-A-O

Solicitation of Minor viaComputer (3cts); Travel to Meet Minor

Defendant is a Georgia firefighter who allegedly solicitedwhat he thought was the father of two girls (ages 11 & 13) for sex

Dismissed - Defendant deceased

Fast food & fast justice

2011-12-19T13:15:00.000-05:00

Approximately one year ago, CourtWatch began a letter writing campaign to specific locations of the above fast food restaurants in our community because Judge Sally Kest was ordering unmonitored exchange of children between parents in domestic violence injunction cases at their locations. We dubbed these "McDonalds Exchanges" because the golden arches was overwhelmingly ordered by the judge as the site for these potentially dangerous encounters.

To understand how risky this practice is, we have only to remember the case of Emmanuella Biziyaremye, age 28, who on May 6, 2007 had a copy of her final injunction in hand when she went to meet her estranged husband to retrieve her children from their visit with him. This injunction, granted by Judge Janet Thorpe only 17 days earlier, designated the parking lot of the Walgreens store at East Colonial Dr & Bumby Rd as the place where the parents would meet. This site was selected because there were video surveillance cameras that covered the parking lot.

Mrs. Biziyaremye was shot twice in the head by her husband, Anselme, who then fled to Jacksonville where he was killed a few days later in a shootout with law enforcement after threatening suicide.

The couple's children had been left with a friend in Orlando by their father before the shooting of their mother. Another child, whom the victim was babysitting, was present in her car and was unhurt.

Judge Kest did this so frequently that her injunction paperwork has the instructions pre-printed on it.

How is it that the other two judges in the Injunction division manage to order only monitored exchanges in the cases they hear? The options are:

via school, daycare or babysitter where one parent drops off in the morning and the other picks up in the afternoon
via a family member or friend who is agreed upon by the parties (either at that person's home or that person does the transporting of the children)
via Family Ties at the courthouse during regular business hours or at a downtown location on weekends.

CourtWatch recognizes that the Domestic Violence with Children injunction hearings can be the most difficult ones to conduct. The parties can be acrimonious and unwilling to negotiate with one another. Their geographical and/or work schedule differences can make it nearly impossible to work out an arrangement that will be satisfactory to both parents. But the other judges seem to have it figured out. They seem to be more willing to take the time needed during these hearings to broker an arrangement between the parties.

A minor victory
Shortly after our first letters landed on the desks of fast-food restaurants around Central Florida, we received a call from McDonalds asking how they could have their restaurant removed from an injunction. Rather than provide their attorney with the case number (because we wanted to avoid having the parties yanked back into court, thus inconveniencing them and potentially inflaming their situation further), CourtWatch recommended they write to Judge Kest and copy Judge Perry on their request. I since learned they did exactly that.

A short time thereafter, we watched another hearing where Judge Kest was ordering unmonitored exchange, but this time said "Pick a family-friendly restaurant that's convenient to you both.... anyplace but McDonalds."

It's interesting to note that McDonalds recognizes the potential for danger. Not only does this practice jeopardize the safety of the victim and children involved, but also the restaurant employees and its patrons. Just because a court order spells out how to "safely" conduct the exchange, there is nothing to prevent a violent abuser from arriving early and doing what Mr. Biziyaremye did.

It's also interesting to note that none of the other letter recipients, to our knowledge, acted upon the information we provided to them.

We wonder why Judge Kest doesn't seem to, in spite of the specialized training that is available to judges, understand the danger as well. Nor does she seem to recognize that it is against the law for her to order that a business be mandated to conduct commerce (specifically the unmonitored exchange of children) for which it is not designed.

Last month, Judge Kest transferred to Domestic Relations division where she hears divorce cases. Unfortunately, she is still in a position to order the unmonitored exchange of children while in a courtroom that CourtWatch does not traditionally visit. We can only hope the practice ceases.

Whatever Happened to . . . ? #36

2011-11-11T15:39:00.001-05:00

Lehman, JuanAndre

2009-CF-005343-A-O

Kidnap w/Intent to InflictHarm/Terror; Sexual Battery w/Deadly Weapon or Physical Force (2cts); SexualBattery (2cts); Aggravated Battery Great Bodily Harm; Aggravated Assault w/DeadlyWeapon

Defendant & 2 co-defendants allegedly raped their victimafter she accepted a ride from them outside the Roxy nightclub

Defendant wasfound guilty by jury of counts 1-3,6 & 7. Counts 4 & 5 were dismissed by the jury. Sentenced to LIFE DOC w/credit1yr 340 days time served.

Rios, KevinTimothy

2009-CF-005343-B-O

Kidnap w/Intent to InflictHarm/Terror; Sexual Battery w/Deadly Weapon or Physical Force (2cts); SexualBattery (2cts); Aggravated Battery Great Bodily Harm; Aggravated Assault w/DeadlyWeapon

Defendant & 2 co- defendants allegedly raped their victimafter she accepted a ride from them outside the Roxy nightclub

Defendant wasfound guilty by jury of all counts and sentenced to 24 yrs DOC w/credit 1 yr 340days time served; to be followed by 5 yrs probation.

Santiago,Joseph Anthony

2010-CF-017339-A-O

Sexual Activity w/Child(2cts); Lewd/Lascivious Battery (2cts)

Defendant was a volunteer band teacher at Arbor RidgeElementary who allegedly assaulted a 12-yr old boy at the school

Counts 1& 2were nolle prossed; Defendant pled guilty to Counts 3 & 4 and was sentencedto 5 yrs DOC w/credit 12 days time served, to be followed by 10 yrs probation.

Birkbeck,Thomas Eugene

2010-CF-014242-A-O

Possess Material DepictingSexual Performance by Child (24cts)

An apartment maintenance worker found a collection of childporn when he was changing an air filter in the defendant's apartment. Defendantallegedly confessed to collecting the images over 20 years.

Defendant pled to3 counts, was adjudicated guilty and sentenced to 33 months DOC w/credit 3 daystime served. Remaining counts were nolleprossed.

Riker, EmilyMarie

2010-MM-007253-A-O

False Report to LawEnforcement Officer

Defendant allegedly lied about being sexually assaulted by aman she met on Facebook (she allegedly has made 2-3 false rape reports in thepast)

Defendant pled nocontest, adjudication was withheld and she was placed on probation for 1 year.

Gonzalez-Santiago,Luis

2010-CF-016010-A-O

Attempted Sexual Battery;Burglary of Dwelling w/Assault or Battery; Attempted Armed Burglary of OccupiedDwelling; Attempted Burglary Occupied Conveyance; Stalking; False Imprisonment;Battery DV

Defendant allegedly attacked a woman he used to live withafter she drove him to meet his probation officer

Counts 1-5: nolleprossed; No Action Taken on remaining counts. Case dropped.

Solis, Yamil

2011-CF-012193-A-O

Burglary w/Assault; AttemptedSexual Battery; Grand Theft

Defendant allegedly broke into a neighbor's apartment &attempted to rape her but fled when she woke up

No information noticefiled – case dropped.

Alcide, Olgens

2011-CF-009264-A-O

Lewd Act in Presence ofChild

Defendant is one of 12 who allegedly sexually assaulted a15-yr old runaway and forced another 15-yr old to prostitution.

No informationnotice filed – case dropped.

Louidor, Luc

2011-CF-009148-A-O

Lewd Act in Presence ofChild

Defendant is one of 12 who allegedly sexually assaulted a15-yr old runaway and forced another 15-yr old to prostitution.

No informationnotice filed – case dropped.

David, Leo

2011-CF-009265-A-O

Lewd Act in Presence ofChild; Interference w/Custody

Defendant is one of 12 who allegedly sexually assaulted a15-yr old runaway and forced another 15-yr old to prostitution.

No informationnotice filed – case dropped.

Louis, Boby

Lewd Act in Presence ofChild

Defendant is one of 12 who allegedly sexually assaulted a15-yr old runaway and forced another 15-yr old to prostitution.

No informationnotice filed – case dropped.

Wilson, MarthaLatoya

2011-CF-009257-A-O

Interference w/Custody

Defendant is one of 12 who allegedly sexually assaulted a15-yr old runaway and forced another 15-yr old to prostitution.

no informationnotice filed – case droppe

Whatever happened to. . . ? #35

2011-11-11T13:32:00.001-05:00

McCroskey,Dennis

2009-CF-007029-A-O

1^st DegreeMurder; Sexual Battery w/Deadly Weapon (2cts)

DNA evidence linked defendant to a 1993 rape & murder.DNA match occurred because Defendant was serving time in Ohio for a similarcase

Pled guilty to 1^stDegree Murder & adjudicated guilty; Counts 2&3 nolle prossed. Sentenced to LIFE in DOC w/ 25y min man,consecutive to Ohio sentence. No credit for time served.

Gonzalez,Eduardo

2006-CF-011144-A-O & 2006-CF-007589-A-O

1^st Degree Murderw/Firearm; Att 1^st Degree Murder (9cts); Tamper w/WitnessConspiracy; Tamper w/Witness (5cts)

Defendant allegedly shot victim outside a bar near UCF aftermistakenly identifying victim as having doused him in beer. Death penalty case.

Defendant pledguilty & was sentenced to 30y DOC w/credit 4yrs 268 days time served

Shaw, TravisLouis

2009-CF-015188-A-O

Attempted 1^st DegreeMurder w/Firearm; Aggravated Child Abuse; Aggravated Battery; Possess Firearmby Convicted Felon; Throw Deadly Missile at or w/in Bldg; Aggravated Assaultw/Firearm; False Info to Law Enforcement re: Missing Person or Felony

Defendant, a convicted felon, allegedly shot the minor victimin her face at home

Defendant pledguilty to counts 1,2,4 and was sentenced to 3 yrs DOC w/credit 600 days time served

Jean-Baskin,Vanel

2007-CF-000078-A-O

2^nd Degree Murder

Defendant allegedly beat his mother's boyfriend to death

Defendant was foundNot Guilty by Reason of Insanity and committed to DCF

Gill, Branden L

2010-CF-018313-A-O

Battery (2cts); DisorderlyIntox; Kidnap Child<13 yrs

Defendant allegedly attempted to kidnap a boy from his homeby trying to pull him over the fence

Case wastransferred to misdemeanor court (2011-MM-138-A-W). Defendant pled to battery & disorderlyintox and was sentenced to 77 days w/credit 77 days time served.

Harris, DeidraS

2011-CF-002196-A-O

Agg Child Abuse w/Weapon

Defendant allegedly beat her adopted son with his own belt(Defendant has been investigated by DCF twice before w/a different child).

Pled no contestto Child Abuse, adjudication was withheld. Defendant was sentenced to 2 days jail w/credit for 2 days time served;30 months probation, and DUI/Drug school/rehab.

Younge, Marcus

2009-CF-005612-A-O

False Imprisonment; Battery

Defendant allegedly attempted to snatch a 9-yr old girl nearher home in Southeast Orange County

Pled no contestto Battery & was adjudicated guilty. Sentenced to 2 days jail w/credit 2 days timeserved; 363 days probation and 25 hours community service

LogsdonMitchell, Kira Hope

2011-MM-000659-A-W

Contrib to Delinq/Dependencyof Minor; Neglect of Child (2cts)

Defendant allegedly got drunk (BAC .215) at an Ocoee bar andpassed out with her 4-yr old in her lap. A bartender contends she left him inher car while she was inside. Her 9 & 7-yr old children were allegedly lefthome alone.

Pled no contestto count 1, adjudication was withheld;Counts 2&3 nolle prossed. Sentenced to 1 day jail w/credit 1 day timeserved; 1 year probation; no alcohol/drugs.

Haynes, Rawn

2010-CF-014927-A-O

Negligent Storage of Firearm

Defendant was a Lakeland police officer who left his fireramunattended in a vehicle with 2 children - the 7-yr old accidentally shot his10-yr old brother in the hand

Pled to CulpableNegligence and was sentenced to 6 months probation; 517 hours community serivcew/credit 417 hours already completed.

Louis, Shelly

2011-CF-011151-A-O

Neglect Child

Defendant allegedly left her son alone while she went to work& he was found hanging out a 2nd story window by a security officer

no informationnotice filed – case dropped

Lee, BryanDeangelo

2010-CF-000888-A-O

Aggravated Battery; Tamperw/Witness

Defendant violated the no contact provision while in jail bycalling victim over 250 times in 2 months. Judge revoked his phone privilegeswhile at the jail. Defendant pled 6/10 & was sentenced to 2 yrs prob; BIP;no hostile contact; parenting class; Defendant later pled 9/10 to a VOP &got 15d jail.

Found inviolation of probation for the second time. Sentenced to 10y DOC w/credit 329d time served

Bonner,Jervaughn Antonio

2011-CF-004776-A-O

Poss Cocaine w/Intent w/FA;Possess Cannabis w/Intent w/FA; Possess Cocaine; Possess Cannabis; Poss FA inCommission of Felony; Theft; Make False Statement Under Oath to LEO

Defendant allegedly accidentally shot his GIRLFRIEND and liedto police, claiming a drive by shooter was responsible

Defendant pled nocontest to first 3 counts & adjudication was withheld. Count 4 was nolle prossed. No action taken onremaining counts. Sentenced to 1 yearjail w/credit 191 days time served.

Crooks, Tarren

2010-CF-011146-A-O

Armed Kidnapping; BatteryDV; Aggravated Assault w/Firearm; Tamper w/Witness to Hinder Comm w/Law Enforcement.

Defendant allegedly abducted his ex-girlfriend from a schoolparking lot & assaulted her.

Defendant pled nocontest to Battery and was sentenced to 283 days prob (includes 81 days credit timeserved); 100h community service; complete a substance abuse program.

Mann, Travis

2011-MM-000491-A-O

Battery DV; ROWOV (2cts)

Defendant was tased by law enforcement after his wife called911 for assistance

Pled no contestto 1 count of Resist Officer Without Violence - adjudicated guilty. Sentenced to 111 days probation; substanceabuse treatment; anger management class; no possess firearms; no possessalcohol or illegal drugs; and ordered to have no contact with victim.

Fowlkes, GuySwindell

2011-CF-008389-A-O

Agg Assault WDW; Battery;Prop Damage

Defendant allegedly ignited some explosives at a fireworkstent as part of an altercation with his pregnant girlfriend

Defendant wasfound not competent to proceed.

Whatever happened to. . . ? #34

2011-10-29T20:30:00.000-04:00

The following animal cruelty cases were recently resolved in Orange County:

Dennard, James

2010-CF-008801-B-O

Cruelty to Animals (12 cts)

Defendant & co-Defendant Latosha Tullis' alleged neglectand starvation resulted in the death of two dogs and left several others inexceptionally poor condition

Pled no contest to9 counts and was adjudicated guilty. Defendant was sentenced to 51 weeks jail w/credit 109 days time served.

Tullis, Latosha

2010-CF-008801-A-O

Cruelty to Animals (12 cts)

Defendant & co-Defendant James Dennard's alleged neglectand starvation resulted in the death of two dogs and left several others inexceptionally poor condition.

Pled no contest to2 counts and was adjudicated guilty. Defendant was sentenced to 1 day in jail w/credit for 1 day time served,24 months probation, and 75 hours of community service.

Hughey, HarleyEdward

2010-CF-008625-A-O

Cruelty to Animals

Defendant allegedly killed his girlfriend's pet rabbit afterhe was kicked out of her parents' home and camped in woods behind their house -Defendant allegedly threatened to kill her & her family as well

Pled no contest,adjudicated guilty. Defendant wassentenced to 51 weeks jail w/credit 71 days time served; 3 years probation; angermanagement; not permitted to possess animals; undergo mental health evaluation/treatmentw/in 120 days; and ordered to have no contact w/victim or her family.

Nelson, JustinRandall

2010-CF-009299-A-O

Cruelty to Animals;Confinement of Animals w/o Food/Water

Pled no contestto both counts, adjudication was withheld. Defendant was sentenced to 6 months jail w/credit 1 day time served; 1year probation; and 200 hours community service.

Potter, MichaelJoseph

2010-CF-003864-A-O

Burglary of Dwelling;Cruelty to Animals

Defendant allegedly bludgeoned his neighbor's puppy with ahammer (the dog had to be euthanized)

Defendant pled nocontest to animal cruelty & adjudication was withheld. Burglary charge was nolle prossed. Defendant was sentenced to 101 days jail w/credit101 days time served; 5 yrs probation; and 100 hours community service.

Starkweather,Adrian John

2010-CF-005428-A-O

Cruelty to Animals

Defendant allegedly beat a 4 month old puppy which resultedin severe injury to the puppy's leg

Pled no contest,adjudicated guilty. Defendant wassentenced to 80 days jail w/credit for 80 days time served; 3 yrs probation

Brezil, StephenAnthony

2010-CF-015369-A-O

Theft (8cts); Cruelty toAnimals (4cts)

Defendant allegedly stole black swans from Lake Eola andposted them for sale on craigslist

Pled no contestto 4 cts of Theft; no action taken on animal cruelty chgs; other counts nolleprossed. Defendant was sentenced to 1day jail w/credit 1 day time served; 36 months probation; and 150 hours ofcommunity service.

Smart, GeoffrePeter

2011-CF-009730-A-O

Theft; Cause CruelDeath/Pain/Suffering; Grand Larcey of Farm Animal / Aquaculture Species

Defendant allegedly stole a swan from Lake Eola - OPDfollowed a trail of feathers from the lake to his home to arrest him

No action was takenon animal charges. Defendant pled tofelony theft and was sentenced to 4 days jail w/credit for 4 days time served;1 year probation; 6 months community control; and 150 hours of communityservice.

Whatever happened to . . . ? #33

2011-10-28T10:52:00.000-04:00

Today we're featuring domestic violence related cases. Note that only one individual was sentenced to time in DOC....

Johnson, Carla

2009-CF-012133-A-O

2nd Degree Murder

Defendant allegedly stabbed her boyfriend to death at aboarding house

Pled tomanslaughter w/weapon, adjudicated guilty. Sentenced to 15 yrs DOC w/credit 1 year 319 days time served

Harp, Cedric

2009-CF-018200-A-O

Manslaughter; Battery DV

Defendant (age 33) turned himself in to OPD after heallegedly killed his wife - Defendant has had 47 felony arrests. Two childrenin the home at the time were sleeping.

Pled no contestto Manslaughter – adjudicated guilty. Battery DV charge dropped. Sentenced to 6 months jail w/credit 80 days time served; 5 yrsprobation. See previous blog here

Garcia, Reyes

2011-CF-000711-A-O

Shoot/Throw Missile intoDwelling; Improper Exhibition of Weapon; Att Agg Assault w/Deadly Weapon.

Defendant allegedly almost shot his 8-yr old grandson duringan argument with his 2 adult sons

Pled no contestto Count 1 – adjudication was withheld; other counts dropped; sentenced to 24months probation.

Ertel, Allen M

2011-CF-000631-A-O

Agg Assault w/Deadly Weapon;Resist Officer w/o Violence (2cts); Criminal Mischief

Defendant allegedly kicked his way out of an OCSO patrol carwindow & briefly escaped after being arrested for a DV-related Agg Assault w/Firearm

Pled no contestto Resist Officer w/o Violence & Criminal Mischief – adjudicated guilty;other counts dropped. Sentenced to 153days jail w/credit 153 days time served; 6 months probation.

Johnson, Bryant

1994-CF-003095-A-O

1st Degree Murder; ArmedBurglary

Defendant was found not guilty by reason of insanity two years after the 1994 the ax murder of his 75-yr old father after the father evicted himfrom the home

Case was dismissed– defendant adjudged insane.

Cabrera, Sonia

2011-CF-008826-A-O

Agg Battery

Defendant & her boyfriend (former NFL player DarylGardener 2011MM294E) were arrested at UCF after she allegedly threw a bottle athim & hit him with a tire iron when arguing about another woman.

No informationnotice filed – case dropped.

Reiger, GeorgeC Jr

2011-CF-009134-A-O

False Imprisonment; BatteryDating Violence; Criminal Mischief

Defendant, known as the "Disney Guy" because of2200+ head-to-toe Diseny tattoos, allegedly assaulted assaulted his girlfriendwhile at a Disney hotel

No informationnotice filed – case dropped.

Phillips, DionJordain

2011-CF-007783-A-O

Att Assault w/Firearm; AttKidnapping

Defendant allegedly threatened his girlfriend and attemptedto kidnap her after she found a text message from another woman on his phone

No informationnotice filed – case dropped.

Whatever happened to . . . ? #32

2011-10-27T15:26:00.000-04:00

The following defendants were all charged with sexually motivated offenses in Orange County:

Thomas, Timothy

2009-CF-013807-A-O

Att Sexual Batteryw/Firearm; Burglary; Robbery w/Firearm; False Imprisonment

Defendant & co-Defendant Maxwell are allegedlyresponsible for several violent home invasions & rapes in west Orange Co.

Defendant was adjudicated guily by jury all counts and sentenced to LIFEDOC for Burglary & Robbery w/Firearm, 30 yrs DOC for Att Sexual Batteryw/Weapon, and 15 yrs DOC for False Impirsonment; counts to run concurrently. Defendant received credit for 223 days timeserved.

Girtman, GeorgeW

2010-CF-009035-A-O

Sexual Battery WDW; Robberyw/Firearm; Burglary of Dwelling w/Assault/Battery

DNA evidence identified defendant as the "MalibuRapist" who allegedly terrorized as many as 100 victims in the 1980s,shortly after being released on parole after serving 7 yrs of a 45 yr sentencefor a 1976 rape in Seminole Co.

Defendant pled nocontest to Counts 1&3; Count 2 was dropped. Defendant was sentenced to 2 concurrentLIFE terms.

Alves, MarceloAugusto

2009-CF-003976-A-O

Sexual Battery WDW/PhysForce (5cts); False Imprisonment; Agg Assault WDW; Tamper w/Witness

Defendant, a VCC website manager, allegedly lured a woman hemet on internet to a vacant house in Dr Philips area where he assaulted her..

Defendant wasfound guilty by jury of all counts and sentenced to LIFE in DOC.

Snavely, James

2007-CF-017726-A-O

Sexual Battery WDW; ArmedBurglary of Dwelling w/Firearm; Agg Assault WDW; Intimidate/Threaten Victim;Commit or Facilitate Commission of Felony.

Defendant is accused of raping his neighbor w/knife and wascutting chunks of his own hair out when deputies found him.

Pled no contestand was adjudicated guilty of counts 1&2. No action taken on counts 3-5. Sentenced to 30 yrs DOC w/credit 3 yrs 156 days time served.

Garcia, Jean

2009-CF-013017-A-O

Lewd/Lascivious Battery(2cts); Travel to Meet Minor for Unlawful Sex Act

Defendant allegedly assaulted a 12-yr old girl he met at FortWilderness Lodge

Pled no contestall three counts. Sentenced to 8 yrs DOCw/credit 704 days time served.

Huffman, DavidMichael

2010-CF-017894-A-O

Lewd/Lascivious Exhibition

Defendant, a homeless sex offender, allegedly flashed a girl<16 yrs old at an Ocoee Wal-Mart

Defendant pled nocontest and was adjudicated guilty, and sentenced to 6 years DOC with creditfor 219 days time served; 9 yrs probation.

Perez, Eric

2010-CF-014947-A-O

Possess Material DepictingSexual Performance by Child (5cts)

Defendant allegedly had multiple videos of child porn, includingmovies of children as young as 2 yrs old

Defendant pled nocontest and was adjudicated guilty all counts, sentenced to 5 yrs probation.

Heaukulani,Joel Robert Keone

2011-CF-006114-A-O

Video Voyeurism SubsqOffense

Defendant allegedly used acellphone to peek under the skirt of a 10-yr old girl at a Wal-Mart store

Pled no contest andwas adjudicated guilty. Defendant wassentenced to 30 days jail w/credit 14 days time served; 36 months probation; nocontact with victim; no return to scene; no unsupervised contact w/ anyfemale<18yrs; submit to DNA testing; submit to psychosexual evaluation andtreatment; and ordered not to possess pornography.

Smith, AleiseaNichai

2009-CF-008131-B-O

Human Trafficking; SexTrafficking; Kidnap w/Intent to Inflict Harm/Terror w/Weapon (5cts); Kidnapw/Intent to Commit Felony (2cts); Sexual Battery; Procure Person<18 forProstitution; Force Another into Prostitution; Derive Proceeds of Prostitution

Defendant & co-defendant Timothy Smith allegedlykidnapped a 15-yr old from a bus stop in 2007 and forced her into prostitution

Pled no contestto sex trafficking & adjudicated guilty; all other counts nolle prossed. Defendant was sentenced to 1 yr 14 days jailwith credit for same time served; 24 months probation; substance abusetreatment.

Buckley, Alan

2011-MM-006008-A-O

Voyeurism

Defendant allegedly took photos under a woman's skirt at astore, claiming he was not "thinking right" because his child was inthe hospital

Pled no contestand adjudicated guitly. Sentenced to 1day jail w/credit for 1 day time served, 360 days probation, and 100 hourscommunity service.

Comer, Andrae

2011-MM-001814-A-O

Video Voyeurism

Defendant, an employee of Express at the Mall at Millenia,allegedly snapped pictures of women undressing in a store fitting room

Defendant pled nocontest and was adjudicated guilty, sentenced to 12 months probation, 50 hourscommunity service, undergo a mental health evaluation & any treatment,forbidden to use video equipment, and to write an apology letter. Judge Jewett also noted that no earlytermination of probation would be permitted.

Rodrigues,Agostinho Loiola-Mar

2010-CF-011036-A-O

Lewd/Lascivious Molestation(6cts); Sexual Activity w/Child

Defendant was an Edgewater High School teacher & soccercoach who allegedly had sexual relations with a 14-yr old student.

Jury verdict -not guilty

Gifford, IrvingLee Jr

2011-CF-010367-A-O

Sexual Battery; Burglaryw/Assault or Battery

Defendant, a hotel worker, allegedly used a master key toenter victim's room and rape her

No informationnotice filed, case dropped.

Postell,Montavius

2011-CF-009151-A-O

Sex Trafficking; Lewd/LasciviousAct in Presence of Child<16; False Imprisonment; Direct/Transport forProstitution; Derive Support from Prostitution; Procure Another forProstitution

Defendant is one of 12 co-defendants who allegedly sexuallyassaulted a 15-yr old runaway and forced another 15-yr old to prostitution.

No informationnotice filed, case dropped.

Whatever happened to . . . .? #31

2011-10-26T13:04:00.001-04:00

I'm finally catching up on some dispositions. Today, I'm featuring some child abuse related cases that were covered in the media at some point.

Issac, LeshawnaM

2010-CF-007416-A-O

Agg Manslaughter of Child,Negelct of Child Causing Harm/Disability

Defendant allegedly drowned her newborn baby in a bathtub

Jury verdict –guilty. Sentenced to 30 yrs DOC w/credit74 days time served

Brumfield,Amanda Brooke

2009-CF-007913-A-O

1st Deg Murder; Agg ChildAbuse; Agg Manslaughter of Child

Defendant was babysitting a friend's child when the childfell, hit her head and later died - Defendant allegedly failed to seekimmediate medical attention. Defendant was found guilty by jury ofmanslaughter.

Jury verdict -guilty of manslaughter. Sentenced to 20yrs DOC

Sampson,Shelton Jr

2010-CF-009932-A-O

Agg Child Abuse

Defendant allegedly dangled his girlfriend’s infant (age 1)by her feet and put her arm in a pot of boiling water. The baby’s wrist &forearm were broken.

Pled no contest -adjudicated guilty. Sentenced to 9 yrsDOC w/credit 1 yr 27 days time served

Hughley, DionneShaunte

2010-CF-014911-A-O

Agg Assault on LEO w/MotorVehicle; Agg Child Abuse (5cts); Culpable Negligence; False Imprisonment(2cts); False Imprisonment of Child<13yrs (3cts)

Defendant allegedly led deputies on a high-speed chase thru 3jurisdictions with 5 children in her vehicle. One deputy was injured.

Pled no contestto Aggravated Flee & Attempt to Elude and 5 counts of Neglect of Child. Sentenced to 18m DOC w/credit 2 days timeserved; 4 yrs probation.

Ford, MichelleMarie

2010-CF-013268-A-O

Aggravated Child Neglect

Defendant's 7-mo old son was allegedly killed by his fatherKeith Skinner (2010CF13267AO). Defendant was charged because she allegedly knewof Skinner's abuse & failed to protect their son from his father.

Pled to ChildNeglect & adjudicated guilty. Sentenced to 51 weeks jail w/credit 4 days timeserved; 4 yrs probation; 100 hours community service. See previous blog here.

Toomes, JamesClayton

2010-CF-009427-A-O

Child Abuse

Defendant was an Altamonte Springs police officer whoallegedly had sexual relations w/a 17-yr old girl

Pled no contest -adjudicated guilty. Sentenced to 4 yrsprobation.

Lopez, GabrielaPerez

2011-CF-006566-A-O

Negelct of Child

A 1-yr old girl that defendant was babysitting was foundwandering alone on Semoran Blvd in Winter Park.

No informationnotice filed. Case dismissed.

Bivins, Travis

2011-CF-005735-A-O

Interference w/custody

Defendant allegedly removed his ex-girlfriend's daughter fromLake Gem Elementary School & sent her threatening text messages after hisex told him she was planning to move away

No informationnotice filed. Case dismissed.

Ricketts,Althea J

2011-CF-011016-A-O

Agg Child Abuse

Defendant allegedly beat her son w/a cable because he had afacebook page. A friend had alerted the defendant to the page because the boyhad posted that he might try to harm himself

No informationnotice filed. Case dismissed.

Gohde, CharlesW

2010-CF-003635-A-O

Neglect Child w/o Great Harm

Defendant allegedly abandoned his 4-mo old in bushes for 2hrs near Universal Studios while he looked for the mother.

Nolle prossed(i.e., charges dropped).

A slap on the wrist and one in the face

2011-10-15T21:40:00.000-04:00

Daniel Saylor

Ex-Police Chief Daniel Saylor faced the music yesterday. He stood before Judge Jeffrey Arnold in Orange County courtroom 10A, awaiting his sentence for two counts of Official Misconduct, one count of Solicitation to Commit Official Misconduct and one count of Solicitation to Tamper with Physical Evidence.

Unfortunately, the music was too soft and easy.

By all accounts, Saylor presented himself as a man of character who had done many good deeds in his life.

Scott Bush

By all accounts, perhaps, except that of the child victim whom he failed to protect from his buddy Scott Frederick Bush. Bush is currently out on bond, awaiting trial for two counts of Sexual Battery Victim <12 yrs old, and one count of Lewd/Lascivious Molestation Victim <12.

Saylor's cover up of an investigation into his friend's alleged crimes was not only his undoing, but caused a maelstrom that included lawsuits, a scuffle at a Town Council meeting, and governmental shakeups in the formerly quiet town of Windermere (well, as long as you don't talk about Tiger Woods' "incident" it was quiet).

Saylor's attorney, Mark NeJame, argued that his client had suffered great public embarrassment; loss of his job, his law enforcement certification, and numerous friends (though many were in the gallery to support him); and was truly remorseful.

Please pass the Kleenex.

In reviewing numerous press reports about Mr. Saylor's misconduct, it is obvious that his 1-yr jail sentence (with work release approved by the judge), is like slapping someone on the wrist with a feather. At the time of his arrest, there were over 1,000 pages in FDLE's investigation of Winderemere's police chief. In addition to allegations relating to Bush, Saylor allegedly:

Accepted a $1000 cash "gift" in 2010 from Raul Carvajal, a subordinate, who sought to have a friend hired by the police department (Carvajal pled no contest to one count of bribery and one count of official misconduct, and was sentenced to 1 day in jail, 3 years probation and 150 hours community service earlier this month - adjudication was withheld);
Failed to take action when DNA testing identified a suspect in a 2004 home invasion and attempted kidnapping case three years ago;
Returned a diamond tennis bracelet that had been stolen from police evidence. Additionally, over 20 guns, drugs, cash, and other valuables had reportedly disappeared from the less than secure evidence room.
Filed false crime statistics.
Voided tickets for residents and government employees.
Ordered officers to drive intoxicated residents home rather than arrest them for DUI.
Used officers to disperse immigrant workers at Bush's home after they had nearly completed work for him then refused to pay them.
Sold guns meant for law enforcement to civilians.

Additionally, Saylor

Resigned from the Melbourne Police Department in 1996 after being stopped in Orlando with a prostitute; and
Was suspended from the Florida Police Chiefs Association in 2009 for "misbehaving" at a conference, unbeknownst to Windermere's government.

With all of that, I find Judge Arnold's comment to Saylor, "You're a talented man and will recover from this blip in the middle of your life" extraordinarily inappropriate. See it here.

This "blip?"

Did he call it a "blip?"

How can one call misconduct and criminal behavior going back 15 years a "blip?"

I call it disgraceful - both Saylor's behavior and the comment made by the judge.

And a one year sentence with the judge's permission to do work release? A slap in the face to Bush's victim, law abiding citizens, and good cops everywhere.

DV Awareness Month begins with fatality

2011-10-02T17:07:00.003-04:00

October is Domestic Violence Awareness Month

Domestic Violence is often thought of as being limited to intimate partner relationships. But the legal definition encompasses all relationships where one family member assaults another.

This past weekend I had the honor of commemorating those who lost their lives in Orange County by reading their names at the DV Task Force's event at Lake Eola. They are listed here.

If you review the names, you'll notice that of the 19 fatalities from October 2010 through September 2011, there were 6 children.

We celebrate that the total number of DV deaths in Orange County dropped from 28 in the previous year to 19. But children are comprising a greater percentage of fatalities, rising from 14% to 32%.

And on the first day of DV Awareness Month, a former law enforcement officer, Timothy Allen Davis Sr, shot and killed his adult son in an argument over his grandchild just a few hours after our event.

So the Orange County fatality list has a new name for next year's DV Task Force walk. And another family has forever been changed by domestic violence.

That should sadden us all.

It Takes Courage: Walk for Awareness

2011-09-29T18:03:00.002-04:00

The Orange County Domestic Violence Task Force kicks off Domestic Violence Awareness Month with a Walk at Lake Eola on Saturday, October 1st from 9:00 am until 10:30 am at the amphitheater.

Please join us and learn more about the efforts in our community to eliminate DV, honor its victims, and connect with Task Force member agencies.

Here is a list of the 13 adults and 6 children who have lost their lives since last year's event:

10/6/2010

Alfonso Angelo Tapia (8 wks)

Perpetrator: father

Weapon: not disclosed

10/9/2010

Jill Morris

Perpetrator: boyfriend

Weapon: gun

10/11/2010

Jacob Carmichael

Perpetrator: romantic rival

Weapon: gun

11/15/2010

Christobal Escontrias

Perpetrator: girlfriend

Weapon: stabbed

11/17/2010

Malloree Tatum (6 mo)

Perpetrator: mother's boyfriend

Weapon: shaken baby

11/19/2010

Jaliya Rivera (4 mo)

Perpetrator: father

Weapon: shaken baby

2/2/2011

Jason Rodriguez

Perpetrator: romantic rival

Weapon: gun

3/3/2011

Thelma Carter

Perpetrator: Husband

Weapon: gun

3/3/2011

Noah Fake (3 yrs)

Perpetrators: mother & mother's BF

Weapon: blunt force trauma

3/16/2011

Fabiana Romero

Perpetrator: Estranged husband

Weapon: gun

4/3/2011

Rosa Barrientos Isalgue

Perpetrator: estranged husband

Raymond Treasure

Perpetrator: romantic rival

Weapon: gun

4/9/2011

Ruth Owino

Perpetrator: fiancé

Weapon: hand weight

5/28/2011

Tramaine Griffin

Perpetrator: romantic rival

Weapon: gun

6/30/2011

Carry Dorcelus

Perpetrator: children’s father

Weapon: gun

7/19/2011

Pamela Carr

Perpetrator: Husband

Weapon: gun

7/27/2011

Phillip Peatross

Perpetrator: girfriend

Weapon: gun

7/29/2011

Isaiah Shade (2 yrs)

Perpetrator: Mother's boyfriend

Weapon: blunt force trauma

8/29/2011

Bonnie Marie Caban-Pearce (5 mos)

Perpetrator: under investigation

Weapon: not disclosed

A trio of fatalities in 24 hours

2011-09-19T21:20:00.010-04:00

Domestic Violence Awareness Month begins in less than two weeks. If you're not aware of DV in our community after this weekend, you must be living under a rock (either that, or you've been on jury duty for the Bob Ward murder case and therefore not allowed to view any news media).

Most people think that domestic violence only happens to lower income, uneducated people. Think again. The past two days in Central Florida should forever dissuade us from that notion.

Early morning, Sunday, September 18, 2011

Victim: Beatrice "Bea" Dickey, 44, murdered at home in Plant City
Alleged Perpetrator: Lawrence Douglas Dickey, husband
Weapon: baseball bat

Click here for the Lakeland Ledger's coverage

Bea Dickey's murder is perhaps what most of us think of when we hear a story about a domestic fatality. I wonder, though, did anyone at the Polk County Sheriff's Office suspect she might be a victim?

Even though she was surrounded by law enforcement personnel at work, did she feel safe to disclose what was happening at home? Do the people she worked with know how to recognize domestic violence "warning signs" and how to refer their friend & co-worker to get assistance? Does the Sheriff's Department have a standard policy for dealing with domestic violence amongst its employees?
It is highly unlikely that we'll ever know the answers to most of these questions. But I hope that Ms. Dickey's death will make those closest to her ask them and formulate solutions to prevent a similar tragedy in the future.

Sunday morning, September 18, 2011

Victim: Theresa Fogle, 56, murdered at home in Lakeland

Alleged perpetrator: Jeremiah Fogle, husband, subsequently opened fire and wounded two pastors at the couple's former church nearby

Weapon: gun

Orlando Sentinel's coverage dated 9/18/11 and 9/19/11

It has been reported that Mr. Fogle pled to manslaughter in the death of another wife, Diane, 25 years ago and was only sentenced to probation for that crime.

This tragedy highlights

Abusers come from "good" families.
There are abusers in religious institutions, often in prominent positions (Fogle was a deacon in his church).
Abusers usually have many victims in their past (Fogle was married 7 times).
The court system is often ineffective in how it handles perpetrator accountability, particularly in domestic violence cases.
Domestic violence doesn't happen only in private. The church members who witnessed Mr. Fogle's shooting rampage were undoubtedly traumatized by his actions.
Churches, like businesses, need policies in place for dealing with domestic violence.

Approximately 10:00 AM, Monday, September 19, 2011

Victim: Heidi Shelmire, 38, murdered at Burger King, her place of employment, in Debary

Alleged Perpetrator: Jesus Morales, ex-boyfriend

Weapon: gun

Click here for the Daytona Beach News Journal report on this case
Click here for WFTV's report

This tragedy highlights several "cracks" in the system:

An injunction is not bulletproof. It only works if the respondent respects the law and is afraid of going to jail.
Just because an injunction prohibits the respondent from having a firearm, it doesn't mean he or she will comply.
Victims of dating/domestic violence need a safety plan when leaving a relationship. For some, an injunction might not be advisable. They need to seek assistance from trained advocates at their local DV shelter.
Domestic/Dating violence doesn't happen only in private. Ms. Shelmire's co-workers and the patrons at the store were undoubtedly traumatized by Morales' actions.
Employers need a comprehensive DV policy for the workplace.
For whatever reason, the perpetrator was not arrested for violating the injunction on previous occasions. If the victim called for help when he violated the injunction, I hope law enforcement takes a long, hard look at why the court order was not enforced.

Do you suspect someone at your workplace, school, church or neighborhood might be a victim of domestic violence? Don't know how to help?

Start the conversation with "I'm concerned about your safety" and help them get connected with a trained advocate to do a safety plan. Victims tend to feel completely isolated and embarrassed about their situation. Tell them it's not their fault and that there are people who can help.

You might just save a life.

Whatever happened to. . . ? #30

2011-07-19T22:56:00.002-04:00

The following cases were all dismissed, dropped or nolle prossed.

Orange County

David Michael Huffman
2010-CF-018047-A-O
L/L Exhibition (2cts)
Defendant, a homeless sex offender, allegedly flashed a girl <12 yrs old at the Dollar Tree in Apopka

John Earl Huntt
2010-CF-018041-A-O
Possess Material Depicting Sexual Performance by Child (11cts)
Defendant has been a professional photographer for more than 20 years

Karen D Cerezo
2010-MM-002717-B-O
Battery DV
Defendant and her friend, former Deputy Belinda Mills, allegedly assaulted defendant's ex-husband. Mills was accepted in pretrial diversion; Defendant was rejected from pretrial diversion program

Melissa Ann Scivoletti
2010-CF-011725-A-O
Kidnapping; False Imprisonment; Force/Coerce Another to Prostitution
Defendant allegedly befriended the victim online, offered her a job at Wal-Mart, brought her to Pennsylvania and then Orlando with another co-conspirator where victim was forced to comply w/their demands

Neil Abraham Ramroop
2010-CF-014687-A-O
Kidnapping; Robbery; Battery DV; Tamper w/Witness Hinder Comm w/LEO
Defendant allegedly kidnapped the mother of his children from VCC, threatened to kill her family, and assaulted her. See earlier blog regarding this case.

Michael Wilson
2010-CF-010245-A-O
Sexual Battery (Coerces Victim) 3cts
Defendant allegedly raped a woman in a field behind a fire station near Heritage Park

Michael Reichert
2007-CF-010491-A-O
Possess Material Depicting Sexual Performance by Child (114 counts)
Defendant is a former UCF professor who claims a virus downloaded images onto his computer

Rosa Marie Pou
2010-CF-017909-A-O
Neglect Elderly/Disabled Adult w/o Great Harm; Resist Officer w/o Violence
Defendant allegedly abandoned her disabled teenaged son at Sea World's play area for 2+ hours

Marc W Blazejowski
2010-CF-005167-A-O
Aggravated Battery; Felony Battery
Defendant, a police officer in CT, is charged with choking his pregnant fiancee at Disney

Robert Jonathan Walyus
2010-CF-017915-A-O
Agg Stalking of Minor
Defendant was a janitor at McDonalds in Oviedo and allegedly exposed himself to a teen at the restaurant

Leon Chisholm
2011-MM-004010-A-O
Battery DV
Defendant's girlfriend, Melissa Johnson (2011CF5835) was allegedly attempting to get away from defendant before he was released from custody for this charge. Johnson's 14-yr old daughter was killed in a DWI crash.

Michael Thomas Henderson
2011-CF-006109-A-O
L/L Molestation Victim 12-15yrs; Video Voyeurism; Solicitation of Minor via Computer
Defendant allegedly used his volunteer position in his church's puppet ministry to meet and have inappropriate contact with his victim

Luis Gonzalez-Santiago
2010-CF-016010-A-O
Attempted Sexual Battery; Burglary of Dwelling w/Assault or Battery; Attempted Armed Burglary of Occupied Dwelling; Attempted Burglary Occupied Conveyance; Stalking; False Imprisonment; Battery DV
Defendant allegedly attacked a woman he used to live with after she drove him to meet his probation officer

Seminole County

Durand Brown
2010 CF 004144A
Neglect of Child
Defendant, a teacher at Eustis Middle School, was arrested after his 1-yr old son was found wandering alone wearing only a soiled diaper

Jeremy Decker
2010 CF 005223A
Kidnap / False Imprisonment; Possess Marijuana; Sexual Battery; Possess Drug Paraphernalia
Defendant & co-defendant Sarah Hand allegedly picked up a distraught woman, took her to their home, and sexually assaulted her

Sarah Hand
2010 CF 005223B
Kidnap / False Imprisonment; Possess Marijuana; Sexual Battery; Possess Drug Paraphernalia
Defendant & co-def Jeremy Decker allegedly picked up a distraught woman, took her to their home, and sexually assaulted her

Ronald Jackson
2010 CF 004994C
Lewd/Lascivious Battery Victim 12-15yrs old
Defendant & co-defs Joshua Gibson & Tracy Johnson allegedly gave a 14-yr old girl alcohol & marijuana, then sexually assaulted her

Aaron Floyd
2011 CF 002263A
Sexual Battery
Defendant, a student at UCF, allegedly assaulted a woman he met online at match.com & forced her to go to a pharmacy & take a 'morning after' pill

Timothy Cash
2011 MM 001091A
Assault DV
Defendant, a Windermere police officer with a history of misconduct while employed by OCSO & Kissimmee PD, allegedly threatened to kill his wife after drinking heavily.

Whatever happened to. . . ? #29

2011-07-19T22:01:00.002-04:00

Marco E Brown
2009-CF-016110-A-O
Attempted 1st Degree Murder; Criminal Mischief, Aggravated Battery; Domestic Battery by Strangulation; Battery
Defendant allegedly assaulted his wife, poured gasoline on her & tried to set her on fire.
Defendant pled to Criminal Mischief, Felony Battery, Battery and was sentenced to 21.23 months in DOC with credit for 74 days time served.

Oscar Lee Davis
2003-CF-002031-A-O
Murder; Sexual Battery WDW; Burglary of Dwelling
Defendant allegedly raped and murdered a 78-yr old woman in 1988 and subsequently gouged out his own eyes while in custody - def has been hospitalized for psych issues for several years. Defendant sued Orange Co jail in 1998 claiming his blindness could have been prevented w/proper care.
Defendant pled to counts 1 & 2, Burglary count was nolle prossed. Defendant was sentenced to LIFE in DOC with credit for time served.

Victor Van Vilchez
2008-CF-002755-A-O
Attempted 1st Degree Murder; Shoot Missile Into Vehicle; Discharge Firearm From Vehicle; Aggravated Child Abuse
Defendant allegedly got into a road rage shootout with Louis Davis (2008CF2754) while driving his vehicle. Children were present in Davis' vehicle during incident.
Case was dismissed. Davis' case was nolle prossed 12/08.

Albert Caulie Taylor
2010-CF-001511-A-O
1st Degree Murder
Defendant was arrested as a result of new DNA testing for the 1995 cold case murder of Angela Gary, a known prostitute with whom the defendant had sex just prior to her death.
Defendant was found guilty after jury trial and sentenced to LIFE in DOC.

Monique R Scott
2010-CF-006752-A-O
1st Degree Murder w/Weapon
Defendant allegedly stabbed her husband to death at their home after first attempting to shoot him with a gun she didn't know how to operate - victim was packing his belongings to leave
Defendant was found guilty by jury and sentenced to 25 years DOC.

Demarcus Reddick
2009-CF-016599-A-O
Attempted 1st Degree Murder; Aggravated Battery w/Deadly Weapon (2cts)
Defendant allegedly conspired to have a romantic rival shot in the face. The alleged shooter was Kyle Grayson 2009CF16486 whose case was dropped. Defendant was subsequently arrested for violating PTR conditions in Seminole County, claiming his dog bit his GPS device off his ankle and eluding police for 2 days.
Defendant was acquitted by jury in this case.

Cedric Lajuan King
2010-CF-009948-A-O
1st Degree Murder
Defendant allegedly shot his uncle to death
Defendant was found guilty by jury trial and sentenced to LIFE in DOC.

James Hataway
Seminole County 2009 CF 002737A
Attempted 1st Deg Murder; Burglary of Conveyance w/Battery; False Imprisonment; Robbery
Defendant allegedly tried to strangle a woman who gave him a ride home from a party in 8/08. Def is a suspect in the disappearance of Tracy Ocasio.
Defendant was found guilty by jury and sentenced to LIFE in DOC

Jurors need our protection

2011-07-10T19:16:00.004-04:00

If I had served on the Casey Anthony jury, I would be terrified about having my name released to the public. After giving several weeks of my life to the case, and making a decision that one of my fellow jurors, in a statement to the media, made us "sick to our stomachs," I would want to be protected by Judge Belvin Perry.

Watch his comments at this motion where media outlets were arguing to know who the jurors were.

This case created a maelstrom of publicity and public opinion. There is no doubt in my mind that some members of the public might feel as though they need to seek justice for Caylee and feel entitled to impose their own kind of vigilante justice upon the good citizens who did their job. There are people out there who could conceivably stalk, terrorize, or even assault the people who served our community for nearly 2 months, all in the name of "Justice for Caylee."

In spite of all the arguments for "transparency" and "justice," there is no good reason to divulge the jurors names to anyone. If they choose to step forward and do interviews, that's their choice. Not the choice of some media hounds or psychopathic citizens.

Judge Perry is rightly concerned with what previous case law says on the subject. But this issue is important enough to make new case law. It's tough enough to get people to answer their jury summonses. Why hamper the System's ability to seat a jury in high profile cases, or other less publicized but potentially threatening to juror cases?

With the abundance of personal information that's available to anyone with an internet connection, our Courts need to protect jurors from those who might be unhappy with their verdict - whether it's a high profile case or one that never made the news.

See also this interview with the jury foreman, who wishes to remain anonymous.

Singer's attorney needs to change his tune

2011-06-24T06:44:00.036-04:00

CourtWatch monitored the bond hearing of Ubaldo Rodriguez, a singer of some notority in Puerto Rico, charged with domestic battery by strangulation, possession of cocaine, and violation of pretrial release conditions on a domestic violence case. He was represented by Anthony Suarez, who went beyond the "usual" boundries to intimidate his client's victim after Judge John Adams denied his bond motion on 6/23/11.

During the course of the bond hearing, Mr. Rodriguez was asked if he would be willing to give up his passport, but he declined. The defendant claimed he would be unable to go to his international singing jobs if it was relinquished. Prosecutor Robert Westmoreland asked that Mr. Rodriguez not be given bond due to the liklihood of him leaving the country.

Mr. Suarez began his presentation by recounting his client's singing career and all the awards he has won since age 16. The State objected due to relevance, and Counsel stated the testimony had a purpose, but CourtWatch never heard the judge's ruling.

Mr. Suarez volunteered to be responsible for his client and accompany him to a July 9th gig in Bethleham, Pennsylvania. Apparently Mr. Rodriguez was under contract and had already received a retainer for the event, but could not cash the check in good faith until he knew whether he was going to be a "free man" to fulfill his obligation.

The victim testified that she was afraid of the defendant and believed that he would attack her again, but wanted him released so he could make money to support her and the child they are raising together.

With respect to the violation charge, Defense Counsel asserted that when Mr. Rodriguez went to the victim's home, he had not yet been served the civil injunction papers (filed in April) so therefore should not be considered in contempt or held accountable for this violation. The State agreed that Mr. Rodriguez had not been served with the civil injunction, but was aware of the criminal court's no contact order when he was granted bond on March 21, 2011 on the strangulation charge. Mr. Rodriguez allegedly deliberately disregarded that order and went to her home. The defendant is charged with violating the pretrial release conditions in the criminal case, not violating a civil injunction.

Judge Adams agreed with the State, found that the defendant had disregarded the no contact order and denied the defendant's motion for bond.

Kudos to Judge Adams.

Here's where the "real" victim intimidation begins.

As Mr. Suarez started to leave the courtroom he looked over, leaned toward the victim and sarcastically said "CONGRATULATIONS..." The rest of what he said was not as loud, but sounded like "you won" or "you got what you wanted." The eyes flew wide open and mouths dropped by everyone that heard his comment. He started out the door, took 2 steps back in and asked her to come outside with him to talk. She sat there in confusion (or embarrassment) discussing what had just happened with her advocate from the State Attorney's Office.

Mr. Suarez then returned to the courtroom approximately 30 seconds later, called her by name, and asked her again to join him in the hall to speak with him. She and her advocate then walked out to meet him attorney in the hallway.

Moments later, the advocate came back to the courtroom, alone. The victim never returned.

Comments to what we had all just witnessed were being discussed by the deputy sherriff and several spectators in the gallery. What a horrible display of victim intimidation and manipulation by Mr. Suarez. This behavior is rude and inappropriate for a member of the Bar.

CourtWatch wishes the judge could have witnessed the comments. It would have been interesting to see how he would respond to such behavior. Unfortunately, he and the prosecutor were discussing a different case with another defense attorney.

CourtWatch has seen more than our share of victim intimidation on the stand or during cross examination by defense attorneys, but this was the most egregious example of intimidation after a judge had ruled upon a case that we can recall. Sanctions should be imposed on Mr. Suarez for the manner in which he treated this victim.

On 6/28/11, just a few days after the above bond hearing, Mr. Rodriguez was represented by Gustavo Padron (Mr. Suarez's partner) and pled to domestic battery by strangulation, possession of controlled substance & violation of pretrial release conditions on a DV case. Adjudication was withheld. Defendant was sentenced to probation, drug counseling, 75 hours of community service, ordered to complete the 26 week batterer's intervention program, and have no hostile contact with the victim. He was permitted to travel within the USA while on probation. No international travel is permitted until his probation has been successfully completed. The victim did not attend the plea & sentencing.

Justice delayed is justice denied

2011-04-05T21:34:00.003-04:00

So said 19th Century British Prime Minister William Gladstone (1809-1898).

While in court this afternoon, one judge mentioned the possibility that the courts would be closed for 4 days next week and 10 days in May because of budget issues. Apparently we won't know until Governor Rick Scott decides whether or not to approve the legislature's loan to temporarily fund this extremely important branch of government. Today's Sentinel reports:

Gov. Rick Scott says he remains optimistic that lawmakers will deliver his corporate tax cuts over the next month on top of the roughly $4 billion in cuts the Legislature is proposing for classrooms, health-care for the poor and benefit cuts to public workers. Click here for the rest of the article. I will try to refrain from getting on a soapbox about the possibility of giving corporations $458 million when we can't /won't fund our own courts.

So where does public safety fit in? After all, that's what our judiciary is tasked with enforcing. A year or two ago, the justice system comprised only 3% of the State budget. It wouldn't surprise me if it's less than that now.

A justice system that is incapable of doing its job will one day implode. In my 4 years as a courtwatcher, I have seen the number of prosecutors in the courtroom diminish. I have seen an increase in the number of "Expiration of Speedy" notices on the court dockets. I have seen defendants receive minimal consequences for their crimes with plea bargains because savvy defense attorneys know that the State can't possibly bring every case to trial.

The irony is that by closing the courts, we will incur additional expenses in having to house inmates for lengthier periods of time as they await their day in court. Families in the throes of divorce or custody battles will have to wait longer to see a judge, thus ratcheting up these volatile situations into a higher potential for violence. Further creating more of a burden on the justice system, which then teaches the majority of criminals that the consequences for breaking the law won't be too severe until you have a few felony convictions under your belt.

US Supreme Court Chief Justice Warren Burger once noted:

A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law - in the larger sense - cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets.
Burger, What's Wrong With the Courts: The Chief Justice Speaks Out, U.S. News & World Report (vol. 69, No. 8, Aug. 24, 1970) 68, 71 (address to ABA meeting, Aug. 10, 1970).

Justice delayed is indeed justice denied.

For the accused, their victims, and our community.

Click here for more on the story. Send an email to the governor to tell him how foolish it would be to not approve this funding.

CSI: Orlando

2011-03-25T11:23:00.006-04:00

Yesterday was one of the most gruesome days in court I've ever experienced. The photos of the victim's injuries that were projected on the screen were worse than what you see on any of the CSI shows - probably because you know that what you're seeing really happened.

Thankfully, the group of schoolchildren that came into court while the 911 tape was being played left before they saw those photos. I'm not sure if a deputy alerted the teacher or if she figured it out on her own (I was getting ready to tell her what the case involved but they were already exiting). I've often told people who want to watch a trial to check in with the staff in the jury assembly room to find out which judges are in trial. It might be a good idea for cases like this to be flagged as inappropriate for school groups.

I watched the third day of State v. John Crimins (2009-CF-018633-A-O) wherein the defendant is charged with Attempted 1st Degree Murder, two counts of Aggravated Battery (Great Bodily Harm), Cruelty to Animals, and Violation of Pretrial Release Conditions on a Domestic Violence case.

Mr. Crimins was arrested for attempting to kill his child's mother's new boyfriend in December, 2009. He also allegedly killed her chihuahua a few days before. Testimony presented at trial showed that he went to her home, assaulted her new boyfriend with a meat cleaver (completely severing 4 fingers on the victim's left hand and leaving his right thumb with only a bit of skin to keep it attached to the hand), cut her, and fled the scene. Crimins' 4-yr old daughter was in the house while the assault occurred in the front yard.

When I arrived in Judge Bob LeBlanc's courtroom yesterday, the State had already rested its case and the female victim was testifying on behalf of the defendant. She claimed that her new boyfriend was really just her drug supplier. She felt responsible for the assault because she had earlier told Crimins that she was going to kick the new boyfriend out of the house and that he could come back later that night.

Most people wonder why someone who had suffered such a brutal assault would testify on behalf of the perpetrator. But she told us why. She wants her 4-yr old daughter to have a relationship with her daddy. She even stated she didn't want to have any part of sending him to prison.

The "happily ever after" and "Prince Charming" stories that little girls are taught in childhood leave a strong impression when they get old enough to start dating.

Additionally, family courts frown upon parents who attempt to thwart the other parent's efforts to spend time with their children. The message, when you're in the throes of a divorce/separation is clear. If you don't make every effort to facilitate the other parent's relationship with your mutual child, you could be held in contempt.

The defendant, knowing about her drug usage, had threatened to call DCF in the past.

Most mothers, even those who use drugs, will do anything to keep from losing their child. Using children as a weapon to continue controlling the other parent is perhaps the most powerful thing an abuser can do to their victim.

There was "bad blood" between the men, even though they had never met face-to-face before that night. Crimins testified on the stand that when they finally did meet, they were "doing the whole alpha male thing." Tragically for the victim, Crimins came armed with a meat cleaver and a knife (he is employed as a chef), alleging that he was in fear of being assaulted because of the threats that had made to him before. Interestingly enough, Crimins (who had 12 years of martial arts experience and knew how to disarm an opponent) told the detective when he was arrested that he was not afraid of the victim.

Crimins also admitted to having violated the Court's "no contact" order that was imposed as a result of an assault upon his girlfriend earlier in the year. That case is still pending.

Crimins couldn't seem to remember how many felony convictions he had. The State introduced evidence of two cases from New Jersey and two from Seminole County. The Florida cases were of a domestic nature and involved this same victim.

Perhaps most chilling, Crimins explained how the dog died. He claimed that the dog ran into the street and its head was crushed under the wheels of a light truck that drove by. When asked by the State if he had ever seen a dog with a crushed skull before, he replied "several times." He elaborated by saying that "two girls that I dated growing up both had dogs that got hit the exact same way. Chasing a car and the back tire ran over the head." Crimins' ex was then recalled to the stand and testified that the defendant had told her that she needed to come get her dog (whom he had rescued from the house after she allegedly abandoned it without food or water after the earlier assault) because it would get hit by a car.
Hmmm. That's a bit too coincidental to be a coincidence. Does anyone else see a pattern here?

When shown a photo of the dog's body, which was found on the defendant's property, the victim had difficulty in identifying the animal as hers because of all the blood. The detective who investigated the case later testified that the dog appeared to have a stab wound.

The jury is deliberating right now.

VERDICT
Friday, 3/25/11 at 3:10 PM:
Attempted 1st Degree Murder: hung jury
Aggravated Battery (male victim): guilty (30 years DOC maximum)
Aggravated Battery (female victim): not guilty
Animal Cruelty: not guilty
Violation of Pretrial Release Conditions on DV case: guilty (5 years DOC maximum)

Sentencing scheduled for April 7, 2011 at 10:00 AM in Courtroom 7D

4/7/11 UPDATE: Judge LeBlanc found Crimins to be a Habitual Felony Offender, which permits him to impose a sentence that is greater than the statutory guidelines for the offense. In this case, the State requested LIFE in prison, while the defense requested the 81.68 months that he scored. The Court sentenced Crimins to 30 years in prison, ordered restitution to the victim who suffered the cleaver attack, and ordered no contact with the victim.

Crimins' ex-girlfriend, who was also wounded that night, called the Court from NC and told the judge that she loves the defendant, her daughter wants her daddy, and that Mr. Crimins should not have to pay for the mistakes of other people (alluding to the fact that she invited him to the house that evening, in spite of a "no contact" order being put in place).

Judge LeBlanc emphasized more than once that the defendant had no right to be at the home and stated, "I'd be hard pressed not to find he's a danger to the community with his record."

I would agree with the Judge's assessment of his record.

Kudos to ASA Sarah Freeman and to Judge LeBlanc for holding this man accountable.

As a result of the many hurtful comments from both sides on this forum, I have decided to delete all comments relating to this case and not permit additional posts on this blog. I refuse to permit this site to be used by either side to antagonize the other.

Whatever happened to. . . .? #28

2011-03-16T20:36:00.002-04:00

Several cases of interest have been resolved during my lengthy absence from the blog website here. Some of these were covered in the media when they were sentenced, but most were not. More to follow in coming days.

William Osvaldo Ferrer
2010-MM-010796-A-O
Leaving Child Unattended/Unsupervised

Defendant allegedly left his 17-mo old child locked in a truck while he went into a bar where witnesses claim he drank 2 beers during 30-45min time inside. A passerby called police at 1am.

Defendant pled guilty and was sentenced to 60 days jail with credit 1 day time served; 59 days were suspended if he successfully completes 180 days of probation, parenting class, and substance abuse evaluation.

Jeremy Adams
2010-CF-011138-A-O
Felony Battery; False Imprisonment; Petit Theft; Tampering w/ Witness to Hinder Comm to LEO; Cruelty to Animals; Petit Theft
Defendant allegedly choked his girlfriend, took her phone & debit card, and kicked & threw her two dogs around the apartment
Defendant pled to Felony Battery and was sentenced to 2 days jail with credit 2 days time served; 363 days probation; 50 hours of community service; complete Batterer's Intervention Program; and have no contact with the victim.

Lawrence G Smith
2010-CF-010257-A-O
Felony Battery; Shoot/Throw Missile Into Dwelling; Agg Assault w/Deadly Weapon; Improper Exhibition of Weapon
Defendant allegedly pointed a gun at his wife and after firing several 'warning' shots, fired a round that struck her in the left hand.
Defendant pled to counts 1&3 and was sentenced to 52 days jail w/credit for 52 days time served; 4 years probation; restitution; BIP; no hostile contact with victim.

Christian Andrew Rizk
2010-CF-010136-A-O
Battery; ROWOV; Battery DV; Cruelty to Animals; ROWV; ROWOV; Assault DV
Defendant allegedly strangled a cat and beat up his girlfriend after he claimed to see demons
Defendant pled to counts 1&2 and was sentenced to 48 days with credit 48 days time served; 317 days probation; anger management; and 50 hours community service.

Rosalinda Norma Vargas (a/k/a Boyd)
2009-CF-015714-A-O
2nd Degree Murder
Defendant allegedly stabbed her boyfriend during an argument in their home - Defendant has a long history of being abused by victim, Jozel Laster, and in other previous relationships.
Defendant pled no contest and was sentenced to 180 months in DOC with credit for 1 year 39 days time served.

Kamlesh Babulal Agrawal
1999-CF-009988-A-O
1st Degree Murder
Defendant was extradited 7/08 from India for the slaying of his female cousin, with whom he shared an apartment while attending UCF. Her body was found in an apartment closet after he fled.
Defendant pled and was sentenced to 25 years in DOC w/credit for 10 years 154 days time served.

Jesus Noel Ortiz
2010-CF-008501-A-O
Kidnap w/Intent to Inflict Harm/Terror w/Weapon; Battery; Possess Drug Para
Defendant allegedly forced his girlfriend into a car at the Coalition for the Homeless and drove her away from there.
Defendant pled to False Imprisonment and was sentenced to 185 days jail w/credit for 185 days time served; 54 months probation; and ordered to have no contact with the victim.

Laquanda Tamel King 2010-CF-009831-A-O

Michele Lavett Bell 2010-CF-009830-A-O

Laquanda Michele Hill 2010-CF-009858-A-O

Neglect of Child w/o Great Harm (13cts)

Co-defendants were employees at a daycare who allegedly walked off the job they were employed after a dispute w/the owner, leaving 12 small children in the care of a 9-yr old.

The State dropped the charges for all three co-defendants.

Carlos L Irizarry

2010-CF-007471-A-O
Aggravated Assault
Defendant was an Osceola County Commissioner when he allegedly brandished a gun in an argument w/his estranged wife.
Defendant pled to improper exhibition of a firearm and was sentenced to 30 days jail with credit for 2 days time served; 1 year probation; and BIP.

Listen . . . or else!

2011-02-03T19:02:00.006-05:00

Shannon Burke is back in the news. Thankfully, nobody was shot.

Many domestic violence advocates are dismayed at the tasteless imagery that he has chosen to use in order to attract listeners (and presumably, more advertisers & money). I am also astonished that a Christian radio station would endorse such imagery, particularly with Burke's history of domestic violence, animal cruelty, and firearm charges.

Why would someone who professed to be a changed man (see earlier blogs on Burke's repentance) want to perpetuate this "bad boy" image? In his interview with WKMG, Burke reports that his has been sober 21 months. I applaud his efforts in that battle.

A domestic violence advocate contacted Carl Como, owner of the radio station, with her complaint. He told her:

She must be one of those women who'd had a bad experience with a man.
That before Shannon shot his wife and her dog, it had been over two years since he'd beaten a woman and he deserved another chance.

I encourage you to let Carl know what you think of his stance on the subject. Email him here. Or you can call him at 407-774-8810.

As Chief Judge Belvin Perry once said at a sentencing hearing I monitored, "I often hear from defendants who find Jesus when they're in jail. It's too bad that when they get out, they leave Him there."

UPDATE 2/3/11: Shannon Burke billboard comes down

UPDATE 2/11/11: New "billboard" on Burke's facebook page

Whatever happened to. . . ? #27

2010-12-22T22:29:00.001-05:00

Brian Richard Kloosterman
2008-CF-006870-A-O
Aggravated Child Neglect
Defendant's nanny videotaped him allegedly abusing an adopted son. Defendant pled 3/30/09 & was adjudicated guilty & sentenced to 2 days jail + 2yrs probation
Probation was terminated on 10/11/10 by Judge Wallis.

Rosalind Louie Watts-Kinsler
2009-CF-018387-A-O
Aggravated Assault w/Deadly Weapon
Defendant allegedly armed herself w/a sword, confronted her boyfriend at a friend's home - the friend pointed a gun at defendant who hit his hand & accidentally shot defendant's boyfriend, killing him.
Jury found defendant guilty. Judge Komanski sentenced defendant to 87 days jail w/credit for 87 days time served, 5 years probation & 125 hours of community service.

Jose Concepcion
2001-CF-014238-A-O
Lewd/Lascivious Molestation; Sexual Activity w/Child
Defendant originally was charged w/600 counts of sexual crimes on a child, pled 8/02 to 4 counts and was sentenced to 5y DOC + 10y probation.
Defendant pled 10/19/10 to violation of probation and was sentenced by Judge Blackwell to 25 yrs in the Department of Corrections.

Patrick Laster
2010-MM-005947-A-O
Battery
Defendant has 48 priors in Orange County & is also charged with violating terms of release of this case (see 2010MM9329).
Jury found defendant guilty. Judge Murphy sentenced him to 5 days jail with credit for 5 days time served, 259 days probation, Batterer's Intervention Program. Victim did not want defendant to go to jail.

Hernan Jose Lara
2009-CF-017875-A-O
Unlawful Possession of Materials Depicting Sexual Performance by Child (50cts)
Defendant pled no contest to all 50 counts and was sentenced to 5 years DOC with 4 years suspended, 24 months community control, 3 years sex offender probation, psycho/sexual evaluation, no computer or internet permitted, no contact with any child under 18 years old.

King Solomon Ware
2010-CF-004370-A-O
Sexual Activity w/Child (2cts); Lewd Act Upon Child; L/L Molestation
Jury found defendant guilty of all counts. Judge McDonald sentenced defendant to LIFE in DOC.

Edward McClain Jr
2010-CF-008101-A-O
Attempted 1st Degree Murder
Defendant allegedly doused his girlfriend w/lighter fluid & threatened to set her on fire
Defendant pled no contest, was adjudicated guilty and sentenced to 154 days jail with credit for 154 days time served, 5 years probation, 100 hours community service, undergo substance abuse evaluation, Batterer's Intervention Program, and have no hostile contact with anyone.

Kelvin Jones
2010-CF-008448-A-O
False Imprisonment; Tamper in Misdemeanor Proceeding; Sex Assault Victim 16-17y old
Defendant allegedly attacked a 16-yr old in his apartment after she refused his demands for sex
Case was nolle prossed (dropped)

Estery Jean Baptiste
Defendant pled to highlighted counts below and was sentenced to 17 years DOC with credit for 2 years 64 days time served:

2008-CF-016490-A-O
Home Invasion (2cts); Burglary (4cts); Kidnapping w/intent to inflict harm/terror (2cts); Sexual Battery w/Deadly Weapon (2cts); False Imprisonment (2cts)
co-defendant Zens Alisma scheduled for trial 1/24/11 & co-defendant Georges Laguerre pled 3/25/10
2008-CF-016720-B-O
Burglary (2cts); Robbery w/Firearm (2cts) (1ct); Aggravated Battery w/Deadly Weapon (2cts) (1ct); Aggravated Assault w/Deadly Weapon (3cts); Theft co-defendant Zens Alisma scheduled for trial 1/24/11 & co-defendant Dondiel Flowers pled 4/5/10
2009-CF-003699-B-O
Robbery w/Firearm (2cts) (1ct) ; Sexual Battery w/Deadly Weapon co-defendant Zens Alisma scheduled for trial 1/24/11 & co-defendant Georges Laguerre pled 3/25/10

Thanksgiving Contemplation

2010-11-25T18:03:00.000-05:00

As you take time over the next few days and weeks to enjoy your family and friends, please remember that the holidays are not joyous times for many in our community. There are people - perhaps yourself, your friends, neighbors, co-workers, or members of your congregation - that are struggling. Bereavement, financial woes, health concerns, and relationship issues are some of the things that can conspire to rob us of our joy at this (or any) time of the year.

An attitude of gratitude doesn't just happen. When we are intentional in developing it, an amazing thing happens. Joy returns to our lives. When we take the time to reach out and help others - whether it's with our time, talents or money - our own lives are enriched.

I am truly thankful for the opportunity to help victims of domestic violence, sexual assault and child abuse through CourtWatch. And I am thankful for those of you who have supported our efforts with your time, expertise, and financial support.

I received this email from a victim of domestic violence who had a hearing this week after I told her CourtWatch would be attending:

Thank you so much, you know very well what your support means to me. Please help me to pray for the best.

Yesterday I stopped by Harbor House's office before leaving the courthouse to go about the many errands that needed to be done in order to prepare for our family's Thanksgivinig feast. As I was wishing the staff and volunteers a Happy Thanksgiving, I noticed a solitary woman, perhaps 40 years old, sitting quietly alone in the waiting room. One eye was swollen shut from an obvious beating she had recently received.

I assume she was waiting to find out if the judge was going to grant her request for a hearing and provide a temporary injunction.

As I walked to my car, thinking of her plight, I wished I had thought to invite her to our family's dinner. For the umpteenth time, I realized that I could have very easily been sitting where she was. And I thought about how much harder it is to leave a relationship during the holidays.

I'm told that victims often don't seek shelter in the days immediately preceding a holiday like Thanksgiving or Christmas. The desire to keep one's family intact is strong. Yet Harbor House's waiting room told a different tale.

It reinforced for me how valuable our program, as well as other advocacy organizations that serve victims of family violence, are to the community.

I encourage everyone to invest in the work that CourtWatch does so that we can continue to be a reassuring presence in the courtroom for victims. If everyone on our mailing list donated just $25, we would be able to fund a part-time volunteer coordinator for one year.

There's much about which we can be thankful. Please take the next few minutes to view this video of a song by Josh Groban and decide how you can be the change in your own circle of influence.