Equal Justice Under the Law, Part 2

On Wednesday, April 21st, the jury returned a guilty verdict to one cout of Sexual Battery with Physical Force [with a special finding of penetration] in the case of State of Florida v. Josh Bailey (2008-CF-018462-A-O). See earlier blog here. 

The lowest permissable sentence Baily could receive, due to his 211.4 sentencing points, was 137.55 months in the Department of Corrections. The maximum sentence would have been LIFE. 

During the 25 minute sentencing hearing, Judge A Thomas Mihok heard the victim, Tori Tyrelle, thank him for a fair trial and related that because of what happened to her, Orange County is making changes in the way transgender inmates are treated at the jail. She told him that she believed that Orange County Corrections Department bore responsibility for what happened to her. She also said that she didn't feel that the 20-yr old defendant should be incarcerated for the rest of his life.

Mr. Bailey's attorney, Tim Hartung, spoke on behalf of his client and told the Court that the defendant regretted what happened and that he was embarrassed by his role in the incident (Mr. Bailey is heterosexual and has children). He was having a difficult time accepting the fact that he was found guilty of sexual battery and being designated a sexual predator. Mr. Hartung felt that the defendant was no less a victim than Ms. Tyrelle because the jail put Ms. Tyrelle in the cell with Mr. Bailey.

Ryan Vescio, the prosecutor, responded that no one is ever put into a situation where they have to sexually assault on another person. Because both parties were in a 12x8 cell, the victim was confined and unable to escape. The defendant, as Mr. Vescio pointed out, is only a victim of his own actions, having shown no regard Ms. Tyrelle, nor has he shown remorse for his behavior.

Judge Mihok took note of the fact that in 2007 the defendant was convicted of burglary, theft and subsequently violated his probation in that case. He also had a juvenile record that included battery and robbery. The judge sentenced Bailey to serve 25 years in prison, ordered no contact between the parties, and designated Bailey to be a sexual predator.

I also learned that the jail was quite uncooperative in the prosecution of this case. Witnesses failed to appear for depositions. The note that Ms. Tyrelle passed to a corrections officer, in which she asked for help, mysteriously "disappeared." It seems to CourtWatch that the jail needs to investigate its handling of this situation and hold their own people accountable.

Equal Justice Under the Law

Above every judge's head in Orange County, one is reminded that "Equal Justice Under the Law" is what the judicial system strives to provide.

Everyone should expect to be treated fairly, whether they're a victim, defendant, witness, or any one of a number of other players that step into a courtroom on any given day.

CourtWatch monitored a case the past two days wherein one inmate was accused of sexually assaulting another inmate in the Orange County jail on December 8, 2008. 

The defendant, Josh Bailey (left), is currently 20 years old and is on track to spend a significant amount of his life behind bars.

The victim, Tori Tyrelle (right), is currently 39 years old and has accumulated over a dozen felony convictions. The victim was diagnosed at age 12 with gender identity disorder and has undergone several surgeries to be reassigned from male to female, including removal of the testicles and augmentation of the breasts.

The victim alleged that after spending 3 days in a 2-person cell with the defendant, he battered her and sexually assaulted her both orally and anally. At the time, he denied any sexual contact with the victim, but the DNA evidence confirmed the presence of his semen anally. There were also several large, fresh bruises noted by the Sexual Assault Nurse Examiner a few hours after the incident.

Once Corrections Officers were apprised of the situation, the victim told the defendant that she was HIV positive, and one of Bailey's first requests after allegations were made was to be tested.  Bailey subsequently admitted to consensual contact the previous day and claimed he initially lied because he was ashamed.

Assistant State's Attorney Ryan Vescio treated everyone in the courtroom with respect and dignity. It was evident that Ms. Tyrelle deserved his best effort as a prosecutor.

The same could be said of Judge A. Thomas Mihok as he presided over the case.

However, Defense Counsel Tim Hartung's disdain for the victim was clearly evident. Judge Mihok once admonished him to stop laughing (a mocking sort of laugh) when cross-examining the victim. Mr. Hartung had trouble referring to the victim as a female throughout the entire trial, frequently saying "he or she" "Mr or Ms - whatever." A cynical smile was frequently pasted to his face and his rolling eyes were observed on several occasions as he walked back to his table while his back was turned to the judge and jury.

The defense contended that Ms. Tyrelle concocted a scheme to make $100,000 at the expense of the Orange County taxpayers by seducing his client and then alleging rape. Ms. Tyrelle is suing Orange County for alleged inadequacies in how transgendered inmates are taken care of at the jail (including, but not limited to this incident), although I have been unable to locate the case on the Orange County Clerk of Courts website.

In his closing argument, Mr. Hartung questioned how the victim managed to pay for all her surgeries thus far. Mr. Vescio, unfortunately, did not elicit any testimony from her on that matter (though I subsequently learned that she financed them herself). Mr. Vescio emphasized that in spite of the victim's crass language and alternative lifestyle, no one deserves to be a victim of sexual assault.

And that everyone should expect equal justice under the law.

4/21/10: The jury came back with a guilty verdict on one count of sexual battery w/physical force and a special finding of penetration.  Defendant is scheduled to be sentenced Friday, 4/23 at 9:00am in Courtroom 18D. The sentencing range is 137 months to LIFE.

Whatever Happened to . . . ? #6

Recent Sex Offender Cases in Orange County

Mark William Green
2009-CF-008727-A-O
Sexual Battery (3cts); False Imprisonment
Defendant pled to 2 counts of Sexual Battery, other two counts were dropped. Sentenced to 12 years Department of Corrections to be followed by 8 years sex offender probation.

Eusebio Ortiz
2009-CF-004840-A-O
Sexual Battery; Lewd/Lascivious Molestation Upon Elderly/Disabled
Defendant pled no contest and was sentenced to 32 months DOC.

Christopher Cains
2009-CF-007834-A-O
Sexual Battery
Defendant pled and was sentenced to 3 years DOC as a youthful offender (he is 20 years old), to be followed by 2 years Community Control and 1 year youthful offender probation. He was declared a sexual predator.

Felix Morales
2009-CF-001038-A-O
Attempted Sexual Battery (2cts); Lewd/Lascivious Exhibition; Lewd/Lascivious Conduct
Defendant pled no contest to all 4 counts and was sentenced to 15 years in prison each count (concurrent), was designated as a sexual predator, and to have no contact with the victim or the victim's mother. Judge Latimore gave defendant until 12/30/09 to begin serving his sentence. If he fails to turn himself in on that date, each count will become consecutive, thus giving him a 60 year sentence.

Jerome Wilkerson
2008-CF-006973-A-O
Sexual Battery Child<12 yrs old (2cts)
Lewd/Lascivious Molestation (2cts)
Defendant was found guilty by jury on count 1. Other counts were dismissed. Defendant was sentenced to LIFE in the Department of Corrections.

Waldes Derice
2008-CF-012137-A-O
Sexual Battery Child<12; Lewd/Lascivious Battery (4cts); Lewd/Lascivious Exhibition
Defendant pled to L/L Battery & L/L Exhibition charges. Sexual Battery charge was dropped. Defendant was sentenced to 20 years in Dept. of Corrections.





Recent Sex Offender Cases in Seminole County

William West
2009-CF-001578-A
Lewd/Lascivious Battery Victim<12 yrs old
Defendant is a former Seminole County Sheriff's Dept dispatcher who pled no contest. He was sentenced to 365 days in jail to be followed by 14 years of sex offender probation.

Gustavo Barreto
2009-CF-004773-A
Tamper w/Physical Evidence; Voyeurism
Defendant allegedly swallowed the video card that had images he captured looking up the skirt of a 16-yr old girl at a Target store in Lake Mary. Defendant failed to appear for arraignment on 11/17 and a warrant was issued for his arrest.

2009-CF-004773-A
Possess Material Depicting Sexual Conduct by Child (141 counts)
Defendant failed to appear for arraignment on 12/1 and a warrant was issued for his arrest.

Check back for his booking photo - I will post as soon as I receive it.



The following were recently sentenced in Orange County for Failure of Sex Offender to Report

Edward Greggs II
2009-CF-009159-A-O

31.5 months DOC

(originally had a child victim)

Nelson Ross Summerall, Jr.

2009-CF-009928-A-O

24 months DOC

(originally had a child victim)

Danny R Martin

2009-CF-009693-A-O

18 months DOC

Moises Davila

2009-CF-013902-A-O

24 months DOC

(originally had a child victim)

Merill Calhoun
2009-CF-009262-A-O
24 months DOC
(originally had a child victim)

William Thomas Moore

2009-CF-009261-A-O

Sentenced on 12/7/09 to 5 years DOC for failure to report, but was released on ankle monitor until 1/25/10.  Judge A. Thomas Mihok will reduce his sentence when he reports to court in January.

(originally had a child victim)

For more information on any of these defendants, you can search the statewide offender database.