Here's another case that cannot be found on the Orange County Clerk's Site either. . . .
Eatonville official charged in battery
Orlando Sentinel, The (FL) - Monday, December 29, 2008
Author: Susan Jacobson, Sentinel Staff Writer
An Eatonville Town Council member was arrested Sunday on a charge of domestic battery after, police said, he grabbed his wife's face forcefully and left a mark under her eye. James Randolph , 67, was arrested on the misdemeanor charge and was being processed at the Eatonville police station when he complained of chest pains, Officer John Simone said. He was taken to Florida Hospital Orlando by ambulance and was still being treated in the emergency room Sunday evening. His condition was not thought to be life-threatening. Police said they don't know what caused the spat between Randolph and his wife of 27 years, Wanda. However, they say a man whom they presume to be Randolph called to report a disturbance a little before 10 a.m. When Simone responded to the couple's home on Bethune Avenue, they were out front. James Randolph was handcuffed and arrested. Wanda Randolph, 54, did not require medical attention. "He was found to be the aggressor," Simone said. There is no previous record of domestic violence between the couple, he said. A report of the incident will be forwarded to the Orange-Osceola State Attorney's Office for possible prosecution, Simone said. The arrest will not have an effect on Randolph's duties with the town, Mayor Anthony Grant said. Beyond that, "I don't know any details of it, so I don't have any comment," he said. Councilmen Bruce Mount and Eddie Cole echoed Grant's comments. Councilman Alvin Moore could not be reached. "Obviously, domestic violence is a very serious thing," Mount said. "[But] right now, I think it's too early to tell because I don't know the whole story of what happened." Randolph, a businessman, has been living in Eatonville since 1968 and was first elected to the council in 1977, according to the town Web site. He was elected again in 2003.
Sunday, May 31, 2009
The Case of the Disappearing Murder Case
On New Year's Eve, Nichole Hammond plunged to her death from a balcony at the Marriott World Center. Her boyfriend, Jonathan Justin Speegle was arrested in January and was granted a $50,000 bond by Judge Tim Shea, who also ordered GPS tracking (see Orlando Sentinel articles dated 1/24/09, 5/13/09, and 5/15/09).
In working on the Watchlist this week, we discovered that neither the case number (2009CF1037), nor the defendant can be located on the Orange County Clerk's website. Sometimes we run into "missing" cases when people have had their files sealed (which can only happen after the case has been closed out and judge grants a motion to do so). But this is a brand new case, and we were able to look it up and obtain a case number after his arrest on January 23, 2009.
I hope for Nichole's family's sake that this case hasn't fallen into a black hole.
9/9/09: This case is now visible on the Clerk's site.
In working on the Watchlist this week, we discovered that neither the case number (2009CF1037), nor the defendant can be located on the Orange County Clerk's website. Sometimes we run into "missing" cases when people have had their files sealed (which can only happen after the case has been closed out and judge grants a motion to do so). But this is a brand new case, and we were able to look it up and obtain a case number after his arrest on January 23, 2009.
I hope for Nichole's family's sake that this case hasn't fallen into a black hole.
9/9/09: This case is now visible on the Clerk's site.
Friday, May 29, 2009
Media Coverage of Burke Didn't Tell the Whole Story
Since posting my thoughts about Burke's bond hearing on this forum, I've come to the conclusion that there are two things out there re-victimizing Shannon Burke's victim in this situation. The Court System and the Media.
My conjecturing about Mrs. Burke's apparent approval of the deal was based upon her presence in the courtroom. I see victims endure tremendous pressures in these situations, and they very often refuse to participate in the prosecution. Many victims attend these hearings to be a witness on behalf of their abuser. Sometimes they want the relationship to work out and are willing to give their partner another chance. Sometimes they're so intimidated that there will be future retribution that they do "cave in" to their partner's pressure. Sometimes they just want their partner to get help (psych, drug, alcohol, etc.) in the hopes that he'll get better & will be the charming, loving man they know he is capable of being. There are as many reasons why a victim doesn't vigorously work to put her batterer in jail as there are victims. It's not our place to criticize the victim's decisions. We should, instead, focus our attention upon the perpetrator's behavior.
Only WFTV aired a (too) brief comment that Mrs. Burke was not in favor of the stipulated agreement. I don't know if her attorney provided an on camera interview to any of the reporters there, but Catherine Burke's voice (either directly or through her attorney) was not heard on Wednesday - either inside or outside the courtroom. It should have been. And it should have been emphatically reported that she was opposed to her husband's release from jail.
Which brings me to the State's role in re-victimizing this woman who almost lost her life. If she was opposed to the "deal," they absolutely should not have struck it with Burke's attorney. In this era of huge budget cuts, our prosecutors are at a distinct disadvantage when dealing with private attorneys. In addition to concerns about the expense incurred in keeping someone incarcerated, they simply don't have the time/resources to always involve all the parties concerned. In this case, neither of the other women who filed injunctions against Burke immediately after this crime were notified, much less consulted, when the State was negotiating with Burke's attorney. Their lives, and those of their children, are also potentially at risk. Legally speaking, they were not victims in this case and therefore the State is not required to contact them. But an adequately funded prosecutor's office that has sufficient advocates to keep victims safe would (hopefully) be concerned about their well-being too. Because an Assistant State Attorney's pay is often not sufficient to pay student loans and keep a roof over one's head, many of our best young prosecutors and public defenders quickly move into private practice, leaving a new crop of young, usually inexperienced lawyers to keep our community safe. The defense attorneys know this and work it to their advantage.
Catherine Burke had a right to address the judge at the bond hearing. In reviewing the video footage, I did not hear the prosecutor mention that she wanted to address the Court. I did not hear Judge Alva ask if she wanted to address the Court. She was available in the courtroom. I do not know if she wanted to say something, but she should have been asked.
To reduce the charges to "Shooting Into Occupied Dwelling" from Aggravated Assault with a Deadly Weapon (when it possibly could have been charged as Attempted 2nd Degree Murder) is an insult to Mrs. Burke and to domestic violence victims everywhere. It minimizes her husband's behavior and sends the message that what he did wasn't worthy of more vigorous prosecution. I will be surprised if Shannon Burke sees the inside of a jail cell again as a result of this incident. I fear that another, more violent one, is in his future.
Click here to see what rights the Florida Statutes afford to victims of crime.
My conjecturing about Mrs. Burke's apparent approval of the deal was based upon her presence in the courtroom. I see victims endure tremendous pressures in these situations, and they very often refuse to participate in the prosecution. Many victims attend these hearings to be a witness on behalf of their abuser. Sometimes they want the relationship to work out and are willing to give their partner another chance. Sometimes they're so intimidated that there will be future retribution that they do "cave in" to their partner's pressure. Sometimes they just want their partner to get help (psych, drug, alcohol, etc.) in the hopes that he'll get better & will be the charming, loving man they know he is capable of being. There are as many reasons why a victim doesn't vigorously work to put her batterer in jail as there are victims. It's not our place to criticize the victim's decisions. We should, instead, focus our attention upon the perpetrator's behavior.
Only WFTV aired a (too) brief comment that Mrs. Burke was not in favor of the stipulated agreement. I don't know if her attorney provided an on camera interview to any of the reporters there, but Catherine Burke's voice (either directly or through her attorney) was not heard on Wednesday - either inside or outside the courtroom. It should have been. And it should have been emphatically reported that she was opposed to her husband's release from jail.
Which brings me to the State's role in re-victimizing this woman who almost lost her life. If she was opposed to the "deal," they absolutely should not have struck it with Burke's attorney. In this era of huge budget cuts, our prosecutors are at a distinct disadvantage when dealing with private attorneys. In addition to concerns about the expense incurred in keeping someone incarcerated, they simply don't have the time/resources to always involve all the parties concerned. In this case, neither of the other women who filed injunctions against Burke immediately after this crime were notified, much less consulted, when the State was negotiating with Burke's attorney. Their lives, and those of their children, are also potentially at risk. Legally speaking, they were not victims in this case and therefore the State is not required to contact them. But an adequately funded prosecutor's office that has sufficient advocates to keep victims safe would (hopefully) be concerned about their well-being too. Because an Assistant State Attorney's pay is often not sufficient to pay student loans and keep a roof over one's head, many of our best young prosecutors and public defenders quickly move into private practice, leaving a new crop of young, usually inexperienced lawyers to keep our community safe. The defense attorneys know this and work it to their advantage.
Catherine Burke had a right to address the judge at the bond hearing. In reviewing the video footage, I did not hear the prosecutor mention that she wanted to address the Court. I did not hear Judge Alva ask if she wanted to address the Court. She was available in the courtroom. I do not know if she wanted to say something, but she should have been asked.
To reduce the charges to "Shooting Into Occupied Dwelling" from Aggravated Assault with a Deadly Weapon (when it possibly could have been charged as Attempted 2nd Degree Murder) is an insult to Mrs. Burke and to domestic violence victims everywhere. It minimizes her husband's behavior and sends the message that what he did wasn't worthy of more vigorous prosecution. I will be surprised if Shannon Burke sees the inside of a jail cell again as a result of this incident. I fear that another, more violent one, is in his future.
Click here to see what rights the Florida Statutes afford to victims of crime.
Wednesday, May 27, 2009
Shannon Burke Gets Bond
It's puzzling to me that the two other women who filed injunctions against Burke after he shot his wife were not contacted by the State's Attorney, nor were they consulted about the agreement made at today's hearing in Seminole County that allows Burke to get out on bond. Even though his wife Catherine is the victim in this case, their safety (and that of their children) should not be disregarded.
In fact, the most serious charge of Aggravated Battery w/Deadly Weapon was changed to Shooting Into Occupied Dwelling. An inch or less in the wrong direction, and Mrs. Burke would be just another name on CourtWatch's DV Fatality List for 2009. It sounds to me as if the State believes Burke's story that it was an accident (even though it is alleged in his wife's petition for injunction that he replaced the magazine in his pistol after it failed to fire the first time). Or maybe they think they can't prove more than that. In any case, I'd be surprised if he gets any real jail time after this.
Perhaps his wife has caved in to pressure from Burke and isn't prepared to participate in prosecuting her husband criminally. Perhaps, as is often the case, she just wants him to get the alcohol/drug counseling/treatment that she hopes will "cure" him. I sincerely hope that the treatment that was ordered today helps. But he still needs counseling about his need to exert power and control over his partner. The State should have made a BIP (Batterer's Intervention Program) after he gets out of the the in-patient program part of the deal .
Video of Burke's appearance before Judge Marlene Alva may be viewed at http://www.cfnews13.com/News/Local/2009/5/27/shannon_burke_returns_to_court_today.html
His wife's Petition for Injunction may be viewed at http://courtwatchflorida.org/uploads/Burke_Petition_for_Injunction.pdf
In fact, the most serious charge of Aggravated Battery w/Deadly Weapon was changed to Shooting Into Occupied Dwelling. An inch or less in the wrong direction, and Mrs. Burke would be just another name on CourtWatch's DV Fatality List for 2009. It sounds to me as if the State believes Burke's story that it was an accident (even though it is alleged in his wife's petition for injunction that he replaced the magazine in his pistol after it failed to fire the first time). Or maybe they think they can't prove more than that. In any case, I'd be surprised if he gets any real jail time after this.
Perhaps his wife has caved in to pressure from Burke and isn't prepared to participate in prosecuting her husband criminally. Perhaps, as is often the case, she just wants him to get the alcohol/drug counseling/treatment that she hopes will "cure" him. I sincerely hope that the treatment that was ordered today helps. But he still needs counseling about his need to exert power and control over his partner. The State should have made a BIP (Batterer's Intervention Program) after he gets out of the the in-patient program part of the deal .
Video of Burke's appearance before Judge Marlene Alva may be viewed at http://www.cfnews13.com/News/Local/2009/5/27/shannon_burke_returns_to_court_today.html
His wife's Petition for Injunction may be viewed at http://courtwatchflorida.org/uploads/Burke_Petition_for_Injunction.pdf
Tuesday, May 26, 2009
Kudos to Judge LeBlanc
Last week I saw a no contest plea in the case of State v. Eberson Florial (2009CF960) in front of Judge Bob LeBlanc. Florial was initially charged with Domestic Battery by Strangulation, but the formal charge was Felony Battery - Great Bodily Harm. Florial was sentenced to 2 days in jail with credit for time served (the Statute requires 5 days), enroll in a Batterers' Intervention Program (BIP), and 18 months probation.
I am delighted to see the State include BIP in the sentence (it's not often we see this in felony court). The kudos to Judge LeBlanc are because he asked the State if there was also to be a no contact order or, at a minimum, a "no hostile" contact provision added to the sentence. The State admitted that it wasn't part of the plea negotiations, but the judge included a "no hostile" provision in the sentence.
If the judges begin to hold the State accountable for negotiated sentences according to what Florida Statute requires, I think the judicial system will begin to hold perpetrators accountable for their crimes more effectively than it sometimes does now.
I am delighted to see the State include BIP in the sentence (it's not often we see this in felony court). The kudos to Judge LeBlanc are because he asked the State if there was also to be a no contact order or, at a minimum, a "no hostile" contact provision added to the sentence. The State admitted that it wasn't part of the plea negotiations, but the judge included a "no hostile" provision in the sentence.
If the judges begin to hold the State accountable for negotiated sentences according to what Florida Statute requires, I think the judicial system will begin to hold perpetrators accountable for their crimes more effectively than it sometimes does now.
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