Central Florida Agencies Take a Stand Against Animal Cruelty

Successful “Cruelty Hurts” Campaign Achieves Major Results by Second Year

ORLANDO, Fla.—April 1, 2010—Today marks the start of Prevention of Animal Cruelty Month, as well as the second anniversary of Orange County Animal Services’ “Cruelty Hurts” campaign aimed at educating Orange County citizens about animal cruelty and its link to human violence. Since kicking off last year in partnership with Crimeline of Central Florida, the campaign has integrated new partners into a community-wide approach to prevent and prosecute animal crimes.

CourtWatch Florida has recently signed on to track and publicize felony animal cruelty cases in Orange County through its WatchList blog and “Weekly WatchList” e-newsletter.

“We couldn’t be more pleased with the response, both from partners and from the public to stand up for innocent animals that are subjected to unconscionable cruelty,” said Katherine Lockett, Division Manager of Animal Services. “Studies show animal abusers are five times more likely to commit violent crimes against people, so we are proud to be leading this effort to keep our community safe.”

Since partnering one year ago, Crimeline and Orange County Animal Services have achieved remarkable results. With 97 tips to date, the relationship has yielded multiple confiscations of severely neglected animals, a multi-county cockfighting investigation and a felony arrest for animal cruelty that paid a $600 reward.

“Now that people can report these types of crimes completely anonymously by calling 800-423-TIPS, and potentially receive a cash reward for doing the right thing, we’ve seen a tenfold increase in the number of anonymous tips,” said Barbara Bergin, Executive Director of Crimeline. “Animals lives were saved by people who cared enough to call, and that’s exactly what we set out to do.”

Animal Services and Harbor House of Central Florida joined together in 2009. Focused on “The Link,”—a term trademarked by American Humane, which illustrates the relationship between animal cruelty, child abuse, domestic violence and elder abuse—the organizations are working to increase awareness about The Link, create the first Pets and Women’s Shelters (PAWS) Program in Central Florida and provide first-responder transport to animal victims of domestic violence.

“We’re thrilled about creating an innovative program for animal victims of domestic violence in Orange County, and we’re confident our partnership with Animal Services will save lives and keep families together,” said Carol Wick, Chief Executive Officer of Harbor House.

Beginning in April 2010, Animal Services partnered with CourtWatch Florida to track and publicize felony animal cruelty cases in Orange County. The non-profit organization, which currently monitors domestic violence, sexual assault and child abuse hearings, was a natural fit because of The Link between animal cruelty and other domestic crimes.

“It is time perpetrators of animal cruelty are treated like the criminals they are by the courts, and we’re glad to be a part of the process to ensure that happens,” said Laura Williams, Executive Director of CourtWatch.


In addition, Animal Services has been working with local law enforcement to foster collaboration, much like its positive relationship with the Orange County Sheriff’s Office whereby the agencies cooperatively handle the civil and criminal aspects of investigations. Its trainings with Orlando Police Department and Ocoee Police Department have proved successful. Following Animal Services’ training with Ocoee Police Department, the agency made two significant felony animal cruelty arrests.

Animal Services also recently completed Continuing Legal Education (CLE) training for the State Attorney’s Office.

“Last year, we conducted 3,486 investigations of animal cruelty, neglect and abandonment,” said Lockett. “Our efforts are working towards getting these crimes reported, getting animals to safety, and ensuring criminals are brought to justice. That keeps our entire community safer.”

For more information about the campaign, click here.


About Orange County Animal Services
Orange County Animal Services is Central Florida’s largest pet rescue and adoption centers. Last year alone, Animal Services received nearly 24,000 animals at its shelter. For 40 years, the agency’s mission has been to protect pets and people in Orange County through courteous enforcement of the Orange County Code. Its vision is to give abandoned and neglected pets a second chance to live long, healthy lives in safe, loving homes. For more about Orange County Animal Services, visit their website.


About Crimeline
Central Florida Crimeline is an anonymous tip line answered 24 hours a day by live operators. All tipsters are kept completely anonymous. Crimeline does not trap, trace, record or have caller ID. If a tip leads to solving a felony case, the tipster may be eligible for a cash reward of up to $1,000. Crimeline accepts anonymous tips at 800-423-8477 and via their website.

About Harbor House
Harbor House provides safe shelter, a 24-hour crisis hotline, counseling, emotional support and legal advocacy for thousands of domestic violence survivors and their children each year. Harbor House also prepares survivors for re-entry into the community—connecting them to resources that will enable them to live independently, safely and peacefully. Harbor House is Orange County's only state-certified domestic violence facility. Its 24-Hour Crisis Hotline is (407) 886-2856 (TDD) or (800) 500-1119 (FL). For more information, visit their website.

About CourtWatch Florida
CourtWatch Florida began as a subcommittee of the Orange County Domestic Violence Task Force and was incorporated in 2007. CourtWatch monitors domestic violence, sexual assault and child abuse cases to make sure the system holds perpetrators accountable and doesn't re-victimize the victims. CourtWatch is a member of the National Association of Court Monitoring Programs. Its first training class was held in April 2007, and it has now trained over 150 volunteers as CourtWatchers and monitored in excess of 7,000 hearings. For more information, or to register for weekly emails to stay apprised of cruelty cases, visit our website.

Whatever Happened to. . . ? #13

Thomas Brazzle
2010-CF-000313-A-O (Orange)
Stalking (2 counts); Aggravated Assault w/Motor Vehicle (2 counts)
Defendant allegedly attempted to run over his ex-boyfriend and his ex's new girlfriend with a motor vehicle.
No Information Notice was filed [case dropped]

Fidel Juarez-Avila
2008-CF-003343-A (Seminole)
1st Degree Murder; Aggravated Child Abuse
Defendant pled no contest to the lesser offense of Aggravated Manslaughter of Child in the death of his 14-month old child and was sentenced to 21 years DOC + 5 years probation. The medical examiner concluded that the child's liver was broken in two from having been punched in the abdomen so hard.

Laszlo Arsenio Horvath
2009-CF-011232-A-O (Orange)
Cruelty to Animals
Defendant allegedly sexually assault his dog, who had to be euthanized
Defendant pled and was sentenced to 3 years probation

Victor Bard Davidson
2008-CF-010821-A-O (Orange)
Possess Material Depicting Sexual Performancy by Child (272 counts)
Defendant was found guilty by a jury in December and was sentenced to 75 years Department of Corrections this week.

Prosecutor disappears in the middle of trial

Every so often people in the hallways and elevators ask us to visit a particular courtroom. Sometimes they are part of "the System" and sometimes they're just citizens who are associated with a particular case.

Yesterday, I ran into Assistant State Attorney Mark Interlicchio as he stepped into the elevator I was riding. Between the 12th and 7th floors, he mentioned that a domestic violence case he was handling was about to get JOA'd in Judge Richard Conrad's courtroom. I was training a volunteer, so I got her situated in a courtroom on the 7th floor and went back up to Judge Conrad's a few minutes later.
But what happens if the prosecutor leaves the courtroom for a few minutes to research caselaw and fails to return?

JOA is legalese lingo for Judgment of Acquittal. After the State has presented its case in a trial, the jury is excused and the Defense makes a motion for Judgment of Acquittal, citing the areas in which they believe the State failed to prove their case. The judge then decides, based on the facts presented thus far, whether or not the jury will deliberate on the charges as presented. Sometimes a charge is reduced  (for instance, if someone is charged with grand theft but the State fails to prove the value of the items stolen reached a certain threshold, the charge might be dropped to petit theft). Sometimes a charge is dropped altogether. Most of the time, the Motion for JOA is denied.

I'll tell you what happens. The judge grants the defense motion.

At 1:25 pm the jury was excused, the Motion for JOA was heard, and Mr. Interlicchio was given 5 minutes to produce caselaw to support his argument.

At 1:40 pm I arrived in the courtroom wherein the defendant, his attorney, court deputies, the court reporter and the judge were patiently awaiting the prosecutor's return.

At 1:48 pm Judge Conrad asked the court reporter what time they had recessed. He expressed his extreme irritation at the prosecutor's failure to return.

At 1:57 pm the judge asked Defense Counsel, Mark Lippman, if he had a motion. He reiterated his Motion for JOA and it was granted because, as Judge Conrad noted for the record, "the Assistant State's Attorney has absented himself to research an issue he should have researched the night before."

The defendant, Andrew Michael Phillips, age 35, had his case dropped.

There was back slapping and smiles at the defense table.

I left a few moments later.

CourtWatch finds Mr. Interlicchio's behavior extremely irresponsible. He was not adequately prepared for trial and he disrespected his colleagues by not returning in a timely manner (or notifying the court of his status). 

Finally, Mr. Interlicchio taught Mr. Phillips that the courts will not hold him accountable for his crimes.

Just to provide a little perspective, here's some history on the defendant:

1/8/09 offense: Osceola County case 2009-MM-000175
Charged with misdemeanor battery. Jury found defendant guilty. Sentenced to 28 days jail + probation. A Violation of Probation was charged in October and dismissed in February.

1/29/09 offense: Orange County case 2009-MM-001093-A-O
Charged with misdemeanor battery. Case dismissed.

4/14/09 offense: Orange County case 2009-CF-005484-A-O
Charged with Felony Battery but pled to misdemeanor battery & sentenced to 12 months probation, 25 hours community service, and to write an apology letter to the victim.
A Violation of Probation is pending for this case and a DUI case.

9/19/09 offense: Orange County case 2009-CF-015403-A-O
Charged with Felony Battery - Motion for JOA granted. Prosecutor's antics noted above.

10/10/09 offense: Osecola County case 2009-MM-004175
Charged with Battery-DV and Battery. Victim filed a declination of prosecution and case was dropped 2 weeks later.

______________________

PS: I learned that Mr. Interlicchio subsequently returned to the courtroom after I left.

Judge Apte "gets" domestic violence

Judge Alan S. Apte moved from Juvenile Court to a Criminal division in the Orange County courthouse at the beginning of the year. After watching him for the past 2 1/2 months, CourtWatch is pleased to have him here.

Judge Apte routinely asks probing questions, makes thorough explanations to the participants in his courtroom, shows compassion to victims, treats everyone professionally and with respect, and exhibits a good understanding of the dynamics of domestic violence.

CourtWatch monitored two hearings in the judge's courtroom related to the case of State v. Bryan Deangelo Lee last week.  Mr. Lee is charged with Aggravated Battery and Tampering w/Witness in an assault on the mother of his 2-yr old child. Defense Counsel Christina Shepherd filed a motion to set bond (defendant was still in custody), modify victim contact, and delete the GPS requirement that was imposed at his initial appearance. The State requested pretrial detention.

The defense requested a modification of victim contact in order to enable the defendant to visit with his 2-yr old child. Judge Apte asked if the defendant and the child's mother (the victim in this case) were married. They are not. He took the time to explain to the defendant that unless paternity has been legally established, the defendant has no legal right for contact with the child. CourtWatch rarely sees judges in criminal cases inform the parties about what the law allows in these situations. The motion was withdrawn.

Ms. Shepherd then requested a reasonable bond be set, and argued that the defendant could only afford a $5,000 bond. He claimed to have a job selling magazines door-to-door and in a good week, makes $500. He also said he is unable to pay his child support obligations. Judge Apte asked what he reported his income to be on the Affadavit of Indigency he completed when he requested the services of the Public Defender. He admitted he wrote $0.

The State then presented testimony from the victim's mother and sister who were fearful for the safety of the victim. They testified to injuries and property damage they've seen in the past, as well as threats made by the defendant.  The State also presented evidence that the defendant had violated his "No Contact" Order by making 267 phone calls to the victim's cell phone since his arrest on January 21, 2010.

The victim testified on behalf of the defendant and said she was not afraid of the defendant, admitted that law enforcement had been called on previous occasions and that he did hit her, and claimed that she and the defendant had never discussed her testimony. She had filed a declination of prosecution.

A 15-minute recording of one of the many jail calls was then played in court. In the call, the defendant blamed the victim for not getting him out of jail, told her to claim she hit him first, and demanded that she get get him out. He cursed and yelled at the victim during the call.

Judge Apte asked several probing questions about the defendant's history which included approximately 13 arrests (some of which were batteries on different victims).

Defense Counsel Christina Shepherd argued that the cost of GPS monitoring was burdensome and requested a $5,000 bond.

Assistant State Attorney Eric Trabin argued that there were no conditions of release that could protect the victim, and noted that the defendant's having violated the no contact order while in jail 267 times is indicative of the his likelihood of non-compliance with any conditions that the judge might impose. He requested no bond be granted.

When requesting pretrial detention of a defendant, the State has a two-pronged burden. They must demonstrate that proof is evident that the defendant committed the crime(s) for which they're charged and the presumption is great that the victim/community would not be safe if the defendant is released - no matter what restrictions might be placed upon them by the judge. Another factor the judge may consider is whether or not the defendant is a flight risk.

Judge Apte granted bond in the amount of $25,000, ordered GPS Monitoring and Home Confinement, and revoked his phone privileges at the jail. He explained that there was insufficient evidence presented at the hearing to cover the "proof evident" prong mentioned above.

Two days later, Mr. Lee was back in court on the State's Motion to Revoke Bond because he called the victim after having been admonished that "no contact" truly does mean "NO CONTACT." Judge Apte told the defendant he would be found in contempt of court and given 364 days in jail if he called her again. He also remarked that hopefully the jail would prohibit Mr. Lee from having access to a telephone since his phone privileges were revoked at the previous hearing.

Bond was revoked.

Kudos to the judge for holding this perpetrator accountable.

Kudos to the prosecutors and advocates at the State Attorney's Office who cared about protecting this victim, in spite of her initial efforts on behalf of the defendant. I'm told that she is now a "cooperative" witness for the prosecution.

Lee's trial is now scheduled for June 21, 2010.

Domestic Violence doesn't just happen at home

The murder of Anicia Yankton earlier this month while she was at her place of employment is a grim reminder that domestic violence doesn't just happen at home. Anicia's estranged husband, Andreau Yankton, waited behind other shoppers at her checkout line at Publix and reportedly shot her in the face. When confronted in the parking lot, he turned the gun on himself and committed suicide.

Two previous wives had filed injunctions against Mr. Yankton in 1996 and 2002.

It makes me wonder how many people in the past might have witnessed an altercation between Mr. Yankton and one of these women.

It makes me think about what we as average citizens could/should do if we happen to witness what appears to be an abusive/violent altercation in public. I think that when confronted with a situation, most people are at a loss to know how to respond. But if we prepare ourselves ahead of time, we might be able to assist law enforcement and the courts in holding a perpetrator accountable for their behavior.

Here are some suggestions.

1. Make sure anything you do doesn't jeopardize your safety. Violent people sometimes attack those who attempt to render aid to the victim.
2. Call law enforcement and remain at a safe distance until they arrive. Keep an eye on the situation if possible.
3. If the individuals are in a vehicle, get the tag number.
4. Provide your location to the dispatcher. Answer their questions. Describe what you see.
5. Take a picture (if practical) with your cell phone or other camera.
6. Some cell phones can also record audio. Capture any evidence of the assault if possible.
7. Provide a written statement to law enforcement after they have defused the situation.
8. Be available to the investigators and the prosecutor. Be willing to testify in court.

Prosecutors are using 911 recordings, victim & crime scene photos and the testimony of witnesses to prove an assault, even when the victim declines to assist in the prosecution. These "victimless" cases are resulting in convictions, as is evidenced by an earlier blog entry on the subject.