Friday, March 25, 2011

CSI: Orlando

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.

Wednesday, March 16, 2011

Whatever happened to. . . .? #28

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.

Thursday, February 3, 2011

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

Wednesday, December 22, 2010

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

Thursday, November 25, 2010

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.