Listen . . . or else!

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

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

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.

Threat Assessment 101

It warms my heart when a judge expresses great concern for a victim in a high lethality situation.  And when he or she keeps the no contact order in place even when the victim asks to have contact.

Last week, CourtWatch monitored the request of Neil Abraham Ramroop to modify his bond and allow him to have contact with his victim, the mother of his two children (2 1/2 years and 10 months old).

The defendant was arrested on 10/14/10 for kidnapping, robbery, domestic battery, and tampering with a victim/witness to hinder communication with law enforcement. Mr. Ramroop allegedly abducted his victim as she was leaving a night class at Valencia State College, threatened to stab her in the neck and up her nose with a pen as he was taking her to his car, stole cash and her cell phone, and threatened to kill her. He allegedly drove her to their apartment, battered her, and ultimately returned her to the VCC parking lot. Throughout the ordeal, he repeatedly abused her verbally. He also stated, "You think a restraining order will stop me? I'll find you, I'll kill off your family one by one" and "I'll leave a bloody mess for you to clean up."

In addition to requesting contact with the victim, Mr. Ramroop requested that his GPS monitor be removed because the cost ($84/week) was a hardship due to his unemployment.

The victim, a very petite woman who sought an injunction immediately after the incident (which was later dismissed due to her failure to appear), testified that she is no longer afraid of the defendant. Judge Rand Wallis asked her several probing questions about their children and any prior incidents. He read an email that the assigned prosecutor, Pamela Smith, sent to the Court about how high the defendant scored on the lethality indicators test (Ms. Smith had a colleague covering for her in this hearing). The defendant has, on at least one occasion, threatened suicide - an extremely big red flag.

When I hear that, and particularly when there are small children involved, I am alarmed for the victim and their children. Because once someone decides to commit suicide, they have nothing to lose and are much more likely to try to "take their loved one(s)" with them. Or prevent anyone else from "having" their "loved one(s)."

Judge Wallis denied the defendant's motion without prejuduce, stating that he would like to hear testimony from the police officer who administered the questionnaire (which occurred at 3:00 AM immediately after the incident) to the victim in order to more accurately assess her testimony.

CourtWatch commends Judge Wallis and Assistant State's Attorney Pamela Smith for trying to keep this victim from becoming another name on the fatality list that we maintain. If this was school, they'd both get an A+ for the way they handled this case.

It is our hope that Mr. Ramroop's victim in this case will seek counseling from Harbor House as this case works its way through the court system.


To see what a threat assessment questionnaire includes, or to perform your own free domestic violence assessement online, visit the Mosaic Threat Assessment website. 

If you are in an abusive relationship, we urge you to seek the assistance of a trained advocate at your local domestic violence shelter in order to develop a personalized safety plan. Seventy-five percent (75%) of fatalities occur with the victim attempts to leave an abusive relationship. Most of those victims attempted to do so without a comprehensive safety plan in place.

2/4/11: The State dropped the charges against Mr. Ramroop after the victim declined to participate in the prosecution.

Bureaucratic abuse in Orange County

From time to time, CourtWatch comes across cases that appear, on the surface, fairly straightforward. And then we encounter cases that are rather complex. This is one such case. This is the story of one man’s apparent attitude of entitlement and members of the County government that seem to support and perpetuate that attitude.

Farling Rivera, a secretary in the Probation Unit of Orange County Corrections has been married to William Rivera, Manager of Human Resources for Orange County Corrections, for 7 years. They work in the same building and are currently in the throes of a divorce.

On February 1, 2010 the Orange County Sheriff’s Department was called to the Rivera home for an alleged domestic violence situation. Once Mr. Rivera identified himself and his position with Corrections to law enforcement, the deputies chose not to arrest either party and indicated that they believed it to be a situation of mutual combat. Mrs. Rivera subsequently applied for a temporary injunction. Mr. Rivera reciprocated 3 days later. A hearing date was set for March, with no temporary injunction granted to either party.

In March, Judge Bronson denied William’s request to return to the home in order to retrieve additional personal belongings.

A permanent injunction was granted to Farling on June 1, 2010 for six months.

On June 2, 2010, OCSO Deputy Luna served the final injunction on William and told him that he was not to return to their mutual place of employment. Rivera defied the court order the following day by coming to the work address (which was prohibited by the court order) and remaining there, with Management’s knowledge, for approximately 6 hours. When he learned that a deputy was on the way to arrest him for violating the injunction that afternoon, he was aided and abetted by Corrections Management to elude them. He was escorted to a golf cart that quickly took him to his vehicle so that he might evade arrest.

William has returned to the home, which is expressly prohibited by the injunction, on several occasions. He repeatedly told his wife that he was very powerful and that she could not stop him from doing what he wanted. Sadly, it appears as though the County is sending her the same message.

CourtWatch is shocked at the conduct of Corrections managers by their collusion with an employee in his effort to evade arrest. CourtWatch is also disappointed at how the Office of Professional Standards and the County Attorney’s Office have responded to our inquiries relating to the conduct of Corrections management in this matter. We are perplexed as to why the County Attorney, whose job it is to interpret the law and represent the County, has to ask Corrections what they can release to us in response to our public records requests under Chapter 119 of the Florida Statutes. Finally, CourtWatch is extremely concerned that there appears to exist either (1) a gross lack of documentation or (2) an effort to withhold information from our organization by the Sheriff’s Department as it relates to the times they were called to the Rivera residence.

Mr. Rivera is clearly well connected with law enforcement in our community. The apparent abuse of power by him and others on his behalf should not be condoned. It would indeed appear as though Mr. Rivera’s position has given him preferential treatment by several County agencies.

A comprehensive timeline of events, and supporting exhibits is available at the links below:

• Timeline of events
• Exhibit A: February 1, 2010 police report
• Exhibit B: June 3, 2010 police report
• Exhibit J: Farling's Affadavit
• Exhibit K: Witness Benzer's Affadavit
• Exhibit G: Memo 6/8 from Sr. Corrections Officer Smedley to Management detailing his concerns regarding their handling of the situation
• Exhibit I: Response 6/8 from Jill Hobbs, Acting Deputy Chief of Administration
• Exhibit H: CourtWatch correspondence 6/29 with Commissioner Brummer requesting investigation
• Exhibit C: CourtWatch correspondence 9/24 - 9/26 with County Attorney's Office
• Exhibit D: CourtWatch correspondence 9/29 with Office of Professional Standards
• Exhibit E: Sheriff's Department report 9/30 showing no calls for service all year to the Rivera home
• Exhibit F: CourtWatch correspondence 10/5 with County Attorney's Office

It should also be noted that only AFTER the media began to inquire about this situation last week, did CourtWatch receive a copy of the 6/8 email from Corrections Officer Smedley to Management that we verbally requested on 8/26. It was made available for pickup 10/12.

A motion to dismiss Mr. Rivera’s criminal case 2010-MM-010839-A-O (violation of injunction) was denied without prejudice on October 11, 2010. The prosecution is in its early stages and a trial date has not yet been set.

CourtWatch intends to not only follow the court cases until they are concluded, but also pursue accountability for the county officials whose collusion with a high ranking Corrections Department official has left his victim in fear for her safety.

Mr. Rivera's next court date is 11/24/10 for a Motion to Modify the injunction in the Domestic Relations case.