Singer's attorney needs to change his tune

CourtWatch monitored the bond hearing of Ubaldo Rodriguez, a singer of some notority in Puerto Rico, charged with domestic battery by strangulation, possession of cocaine, and violation of pretrial release conditions on a domestic violence case. He was represented by Anthony Suarez, who went beyond the "usual" boundries to intimidate his client's victim after Judge John Adams denied his bond motion on 6/23/11.

During the course of the bond hearing, Mr. Rodriguez was asked if he would be willing to give up his passport, but he declined. The defendant claimed he would be unable to go to his international singing jobs if it was relinquished. Prosecutor Robert Westmoreland asked that Mr. Rodriguez not be given bond due to the liklihood of him leaving the country.

Mr. Suarez began his presentation by recounting his client's singing career and all the awards he has won since age 16. The State objected due to relevance, and Counsel stated the testimony had a purpose, but CourtWatch never heard the judge's ruling.

Mr. Suarez volunteered to be responsible for his client and accompany him to a July 9th gig in Bethleham, Pennsylvania. Apparently Mr. Rodriguez was under contract and had already received a retainer for the event, but could not cash the check in good faith until he knew whether he was going to be a "free man" to fulfill his obligation.

The victim testified that she was afraid of the defendant and believed that he would attack her again, but wanted him released so he could make money to support her and the child they are raising together.

With respect to the violation charge, Defense Counsel asserted that when Mr. Rodriguez went to the victim's home, he had not yet been served the civil injunction papers (filed in April) so therefore should not be considered in contempt or held accountable for this violation. The State agreed that Mr. Rodriguez had not been served with the civil injunction, but was aware of the criminal court's no contact order when he was granted bond on March 21, 2011 on the strangulation charge. Mr. Rodriguez allegedly deliberately disregarded that order and went to her home. The defendant is charged with violating the pretrial release conditions in the criminal case, not violating a civil injunction. 

Judge Adams agreed with the State, found that the defendant had disregarded the no contact order and denied the defendant's motion for bond.

Kudos to Judge Adams.

Here's where the "real" victim intimidation begins.

As Mr. Suarez started to leave the courtroom he looked over, leaned toward the victim and sarcastically said "CONGRATULATIONS..." The rest of what he said was not as loud, but sounded like "you won" or "you got what you wanted." The eyes flew wide open and mouths dropped by everyone that heard his comment. He started out the door, took 2 steps back in and asked her to come outside with him to talk. She sat there in confusion (or embarrassment) discussing what had just happened with her advocate from the State Attorney's Office.

Mr. Suarez then returned to the courtroom approximately 30 seconds later, called her by name, and asked her again to join him in the hall to speak with him. She and her advocate then walked out to meet him attorney in the hallway.

Moments later, the advocate came back to the courtroom, alone. The victim never returned.

Comments to what we had all just witnessed were being discussed by the deputy sherriff and several spectators in the gallery. What a horrible display of victim intimidation and manipulation by Mr. Suarez. This behavior is rude and inappropriate for a member of the Bar.

CourtWatch wishes the judge could have witnessed the comments.  It would have been interesting to see how he would respond to such behavior. Unfortunately, he and the prosecutor were discussing a different case with another defense attorney.

CourtWatch has seen more than our share of victim intimidation on the stand or during cross examination by defense attorneys, but this was the most egregious example of intimidation after a judge had ruled upon a case that we can recall. Sanctions should be imposed on Mr. Suarez for the manner in which he treated this victim.

On 6/28/11, just a few days after the above bond hearing, Mr. Rodriguez was represented by Gustavo Padron (Mr. Suarez's partner) and pled to domestic battery by strangulation, possession of controlled substance & violation of pretrial release conditions on a DV case. Adjudication was withheld. Defendant was sentenced to probation, drug counseling, 75 hours of community service, ordered to complete the 26 week batterer's intervention program, and have no hostile contact with the victim. He was permitted to travel within the USA while on probation. No international travel is permitted until his probation has been successfully completed. The victim did not attend the plea & sentencing.

Justice delayed is justice denied

So said 19th Century British Prime Minister William Gladstone (1809-1898).

While in court this afternoon, one judge mentioned the possibility that the courts would be closed for 4 days next week and 10 days in May because of budget issues. Apparently we won't know until Governor Rick Scott decides whether or not to approve the legislature's loan to temporarily fund this extremely important branch of government. Today's Sentinel reports:

Gov. Rick Scott says he remains optimistic that lawmakers will deliver his corporate tax cuts over the next month on top of the roughly $4 billion in cuts the Legislature is proposing for classrooms, health-care for the poor and benefit cuts to public workers. Click here for the rest of the article. I will try to refrain from getting on a soapbox about the possibility of giving corporations $458 million when we can't /won't fund our own courts.

So where does public safety fit in? After all, that's what our judiciary is tasked with enforcing. A year or two ago, the justice system comprised only 3% of the State budget. It wouldn't surprise me if it's less than that now.

A justice system that is incapable of doing its job will one day implode. In my 4 years as a courtwatcher, I have seen the number of prosecutors in the courtroom diminish. I have seen an increase in the number of "Expiration of Speedy" notices on the court dockets. I have seen defendants receive minimal consequences for their crimes with plea bargains because savvy defense attorneys know that the State can't possibly bring every case to trial. 

The irony is that by closing the courts, we will incur additional expenses in having to house inmates for lengthier periods of time as they await their day in court. Families in the throes of divorce or custody battles will have to wait longer to see a judge, thus ratcheting up these volatile situations into a higher potential for violence. Further creating more of a burden on the justice system, which then teaches the majority of criminals that the consequences for breaking the law won't be too severe until you have a few felony convictions under your belt.

US Supreme Court Chief Justice Warren Burger once noted:

A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law - in the larger sense - cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets.
Burger, What's Wrong With the Courts: The Chief Justice Speaks Out, U.S. News & World Report (vol. 69, No. 8, Aug. 24, 1970) 68, 71 (address to ABA meeting, Aug. 10, 1970).

Justice delayed is indeed justice denied.

For the accused, their victims, and our community.

Click here for more on the story.  Send an email to the governor to tell him how foolish it would be to not approve this funding.

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.

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.

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