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.

Judge: This is a heartbreaking situation

Background Info

Michelle Wheeler, initially charged with 2nd Degree Murder in the January 2009 death of her boyfriend of approximately 5 years Jerry Cisco, pled to Manslaughter in March. Her sentencing hearing was yesterday, and I left the courtroom with a renewed appreciation for how tough a judge's job can be. See also my earlier blogs about this case.

Cisco and Wheeler had a tumultous relationship that involved alcohol abuse and violence by both parties. Cisco had been arrested on at least 5 occasions for domestic battery against Wheeler. The Court heard testimony about the injuries she had sustained over the course of their relationship: cuts with a knife, numerous bruises, broken bones, and a busted eardrum. A search of the Orange County Clerk's records show 11 cases against Cisco going back to 2004 for the following charges:

• 3/22/04: Resisting Officer w/o Violence
  
  Case nolle prossed (dropped).
• 3/25/04: Driving Under the Influence
  
  Adjudicated guilty - 1 year probation.
• 4/28/05: Assault (2 counts)
  
  Pled no contest - adjudicated guilty 8 days jail w/credit 8 days time served; 160 days probation; no contact with victims (two of Wheeler's family members) - Cisco subsequently violated this probation in December 2005 and served 37 days jail.
• 5/14/05: Battery DV
  
  No Information (the formal charging document) was filed by State. Cisco violated terms of Home Confinement in this case, but since no Information was filed, there were no sanctions imposed.
• 6/24/05: Battery on Law Enforcement Officer; Threats Against Public Servant
  
  Pled no contest and was adjudicated guilty both counts - sentenced to 27 days in jail w/credit 27 days time served; 48 months probation (concurrent with other case); 100 hours community service; anger management seminar; substance abuse evaluation; apology letter. Cisco was subsequently found in violation of probation June 2007 and served 171 days in jail in spite of Wheeler's declination of prosecution.
• 6/28/05: False 911 Calls; False Reports of Commmission of Crimes
  
  Pled no contest and adjudicated guilty of both counts. Sentenced to 160 days w/credit 160 days time served.
• 7/11/05: Burglary of Dwelling w/Assault or Battery; Aggravated Stalking w/Credible Threat; Battery; Criminal Mischief
  
  Burglary charge was dropped, pled to all other charges and sentenced to 1 year jail w/credit 101 days time served; 42 months probation; anger management seminar; and 75 hours community service. Cisco was subsequently found in violation of probation June 2007 and served 210 days in jail in spite of Wheeler's declination of prosecution.
• 11/17/05: Aggravated Battery w/Deadly Weapon; Aggravated Assault w/Deadly Weapon; Aggravated Battery on Pregnant Person
  
  No Information was filed by the State.
• 6/20/06: Felony Battery
  
  Pled no contest & adjudicated guilty. Sentenced to 64 days jail w/credit 64 days time served, ordered to have no hostile contact with Wheeler (who had filed a declination of prosecution).
• 7/4/07: Battery
  
  No Information was filed by the State.
• 12/28/07: Battery DV
  
  No Information was filed by the State.

Wheeler's criminal record for the same timeframe:

• 12/14/04: Battery
  Case nolle prossed.
• 10/21/06: Disorderly Intoxication
  No Information was filed by the State.
• 9/28/08: Battery (4 counts); Disorderly Intoxication
  Pled no contest to one count and sentenced to 60 days jail with credit 42 days time served; substance abuse treatment while in jail. Other counts were nolle prossed.
• 1/16/09: 2nd Degree Murder (victim: Jerry Cisco)
  Pled to Manslaughter w/Deadly Weapon.

In addition to the above, Wheeler was sentenced in 2004 to 18 months prison for violating probation in a 2000 case where she pled to Burglary of a Conveyance. She was released from custody in August, 2004. This case occurred before her relationship with Cisco began.

Testimony Provided

Both sides of the courtroom had half a dozen or so family members present. The victim's family made the trip from Kentucky.

Media representatives were not in attendance.

Ms. Wheeler's mother, father and sister, who have been caring for the couple's children (ages 3 & 4), spoke on her behalf. They expressed their apologies to Cisco's family for the loss of their loved one. In addition to testimony about the victim's alcoholism and injuries inflicted upon Wheeler, they told the judge about the defendant's own alcohol abuse and did not sugarcoat her criminal history. Wheeler's sister testified that she and her husband had been very close friends with Cisco, but that after Cisco and Wheeler's relationship began, he became violent and threatened to kill Wheeler on several occasions. She told the judge that she and her mother had taken Wheeler to the hospital on several occasions after altercations with Cisco. She also stated that she always thought that the situation would be reversed, expecting that her sister would end up dead.

Dr. Allen Burns, court-ordered psychiatrist (one of three who had evaluated the defendant), testified that she was not insane at the time of the offense. He stated that she suffers/suffered from schizoaffective disorder, bipolar disorder, post-traumatic stress disorder, panic attacks, and had intermittent auditory hallucinations.  In addition to a history of being a victim of domestic violence, she was a victim of sexual abuse in the past. He found that she did not meet the criteria for involuntary hospitalization and that she was no imminent risk to herself or to others. He recommended that she continue on the medications that have stabilized her since her incarceration, that she undergo treatment for her alcohol dependency, and have therapy for the symptoms of PTSD.

Defense Counsel Chung-Wook Kim then called Michelle Wheeler to testify. She told the judge about the afternoon that led up to the fatal event, but never once spoke about the actual incident (in the bond hearing last year, there was testimony that Cisco had threatened to kill her several times throughout the day and once he grabbed a knife, she begged for her life, convinced him to drop it, and then picked it up and stabbed him). She told the judge that she had personally contacted law enforcement 5 times for help during their relationship, and her neighbors and sister had also called on several occasions.

When asked why she didn't leave the relationship, her reply was something every domestic violence advocate hears from victims - he promised to stop hitting her, she feared for her life if she did leave (there were threats to kill her and burn down the house), and she wanted to keep her home intact for their children.

As she read a prepared statement to Cisco's family, Judge Adams suddenly seemed to lose interest in what the defendant had to say. He began to look away as he searched for something in file drawers and on top of the bench. It struck both of the courtwatchers as disrespectful. It was the only time he did not appear to give the person testifying his full attention.  Wheeler apologized to Cisco's family, said she never meant to hurt him and that she still loved him. She told of the pain and grief she is experiencing in losing both Jerry and not seeing her children.

She told the judge that she has completed all the programs offered to her at the jail and that she is pursuing her GED. She indicated that she is willing and able to comply with any conditions of release that might be imposed upon her. She admitted that she had injured Cisco in the past, but that any violence she perpetrated upon him was a result of him being the aggressor.

Assistant State's Attorney Les Hess elicited testimony about the defendant's previous record (above) as well as some older incidents from the 1990s. He focused on the fact that their relationship often involved "mutual combat." Wheeler also told the Court that every time she had had a brush with law enforcement, alcohol had been a factor.

The most compelling witness was the victim's older sister, Trina Penny, who read a victim impact statement that was well written and delivered with passion. As one who has lost a child to murder, I saw myself in the family's shoes, particularly those of the victim's mother, as they described the shock and grief they experienced when learning of Cisco's death, as well as the struggle they face to accept the reality of the situation in those first few days and weeks.

Her anger at the defendant was evident, yet I was surprised that neither she nor her mother (who called in from North Carolina), were willing to admit that Cisco had played any part in the violence in the relationship. She idealized her little brother, never once conceding that he had a problem with alcohol. She talked about Wheeler's "questionable children" as if to imply that Cisco was not their father. She blamed Wheeler for causing her brother to lose hope, his health, integrity and enthusiasm for life. She accused Wheeler for being responsible for isolating him from his family, ruining him financially, and claimed that he was unable to move back to Kentucky because he feared for the safety of their children. She asserted that her brother was a victim of domestic violence, but because he is a man, there are no domestic violence groups supporting his side of the story (I'll write more about that tomorrow). She told the judge that Wheeler deserves to die for what she did.

Attorney Arguments

The Defense requested a Downward Departure from the sentencing scoresheet of 10.5 years because of several mitigating factors per Florida Statute 921.0026(2):

(c) The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.

(d) The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.

(f) The victim was an initiator, willing participant, aggressor, or provoker of the incident.

(g) The defendant acted under extreme duress or under the domination of another person.

The judge needed only to find that one of the above applies.
From where we sat (in the cheap seats), I would have to say that both (f) and (g) above would apply, perhaps even (c), but there was no testimony about whether she was impaired, even though she did indicate they had both been drinking that night.

The State requested no Downward Departure, claiming that this is not the first time that Wheeler had faced prison time and lied (she initially claimed Cisco had committed suicide when law enforcement was called to the scene).

The Sentence

Judge Adam's first comment was that "This is a heartbreaking situation." He recognized that everyone in the courtroom was suffering as a result of what transpired on January 16, 2009. He commented that both parties contributed to the environment and that alcoholism takes a terrible toll on everyone involved. He did not find it surprising that the defendant initially lied about what happened because addicts often lie to themselves and others about their addiction as well as the situations in which they find themselves.

The judge did not find grounds to downward depart, stating that Wheeler was a willing participant. The notion that Wheeler willingly participated in the violence indicates a terrible misunderstanding of the dynamics of domestic violence. I'll explain why tomorrow.

The sentencing guidelines called for a minimum 10.5 year sentence. She could have received a maximum of 30 years.

Judge Adams ordered that Wheeler serve 20 years in DOC plus an additional 10 years of probation upon release. She was ordered to consume no alcohol and participate in substance abuse treatment with random urinalysis. She was given credit for the 1 year 150 days time served.

As he announced his sentence, Wheeler turned around with a panic-stricken look on her face and asked her sister to take care of her children. Whether or not Cisco's family has any interest in them is unclear.

It was indeed a heartbreaking (nearly 2-hour) hearing for everyone concerned.

Further comments to follow.

Tragedy averted - at least for now

Sometimes I'm torn between wanting to notify the community about a perpetrator by plastering his/her face all over the blog so that everyone knows what sort of people are in our midst, versus respecting the privacy of their victim(s), particularly when the victim is a child.

I'll opt for protecting the privacy of the victim - in this case a 3-year old boy I'll call Frankie, his mother and siblings.

Today I was in Judge John Adams' court to monitor a Motion to Modify Victim Contact in a case where the father is accused of Aggravated Child Abuse against Frankie. Dad was babysitting his four children, ages 8, 4, 3, and 2. The arrest affadavit contains the following information:

Mom contacted the chidrens' daycare one morning in April to ask the owner if she had observed bruises and lacerations on Frankie's lip and the left side of his face. The mother told the owner that her husband had caused the injuries the previous day and had threatened to kill her if she called police. She asked the daycare owner to help her. DCF was immediately called.

Eight year old Susan (not her real name) told DCF that her dad had been babysitting all the children the previous day while their mother was at work. Frankie had attempted to unlock the front door several times, causing their father to become upset. The defendant took a belt and began beating Frankie in a bedroom. His sister did not witness the beating, but heard the cries of her little brother and saw bruises on his face and blood coming from his mouth when he came out of the bedroom. The father later left the children home alone when he went to work.

When mom returned home, she asked Susan what had happened. Mom wept when she learned what had transpired, but had the presence of mind to take Frankie to a neighbor's house to look at his injuries ask their advice. Apparently, the neighbor told her to do nothing, because no calls were made to law enforcement, nor was medical attention sought that evening.

The officer who responded the following day documented the following injuries:

• A 5" long bruise on the left side of Frankie's face,
• A 4" laceration and bruise on the left side of his neck,
• A small laceration on his lower lip, which was "extremely swollen and bruised with dried blood on his chin," and
• A small abrasion on Frankie's chin

A criminal history check was conducted on the parents and a domestic violence report had been completed in January. In that incident, Susan reportedly witnessed her father repeatedly striking her mother with a stick (results of that investigation are unknown - there is no court case pending on it).

When detectives interviewed the father that evening, he told them that he had been attempting to take a nap and that Frankie tried to unlock the front door 3 times. During Frankie's third attempt, the father exited the shower, grabbed a belt and tried to strike his son on his lower legs. Frankie then ran into a door in the living room, causing him to fall. Dad claimed he then accidentally twice struck his son in the face with the belt. There were several other inconsistencies in the father's statement, and no evidence to support his story, so he was arrested.

As mentioned earlier, a Motion for Modification of Victim Contact was heard in court today. Since his arrest, the defendant has been residing with his brother in Orlando. When his attorney asked him why the judge should grant his request, the defendant said that he needs to go home - he needs his children and wife, that they need him, and that his wife wants him home.

The wife testified, although she seemed quite reluctant. Defense counsel asked her three times if she feared for her son's safety. She twice answered that she needed her husband home because she needs help with the children. Her body language and hesitancy screamed to me that she felt she had no other choice but to request he be allowed to come home. She finally answered "no" the third time the question was asked.

Judge Adams reminded the defendant that he was accused of beating this child until he was bloody.

Assistant State's Attorney Camelia Coward objected to the modification and reminded the Court that the defendant had threatened to kill his wife if she contacted the authorities. She also mentioned that the defendant had been responsible for caring for the children when this incident occurred.  Nothing else really needed to be said.

The judge denied the defendant's request. No trial date has been set.

Two things about this case strike me as tragic:

1. The mother feels she needs her husband in the home - putting herself and her children at risk for future abuse. I don't know if she has family support in the area, but I do know that victims of domestic violence often feel trapped because of how difficult it is to provide for their needs and the needs of their children.
2. The neighbor did nothing to help this woman when she asked for advice. Thankfully, she turned to someone (the children's daycare) who is mandated to report abuse when it is suspected.

I hope that anyone who reads this refrains from criticizing this mother for supporting her husband's request to come home. And I hope we all reach out and help our neighbor in whatever capacity possible if they come to us for assistance.

By the way, most child abuse cases are either dismissed or are pled out. Defendants typically receive a probationary sentence that includes counseling, following a DCF case plan, no hostile contact, and completion of an anger management class.

Nationally, nearly 5 children die each day due to child abuse and neglect.
Source: Childhelp website.

A Man Who Wouldn't Let Go

I spent most of last week monitoring the Loc Tran 1st Degree Murder case in Judge John Adams' courtroom. Prosecutor Robin Wilkinson methodically and thoroughly introduced evidence in the form of testimony from the victim's sister (who lived with her) and several coworkers, medical and law enforcement personnel, and crime lab analysts. Physical evidence consisted of photographs of the scene, ligatures that the defendant created from materials available at the home, and the murder weapon - a household knife.

All were artfully woven together to paint a picture of this man who wouldn't let go of his girlfriend, 20-yr old Anh Tran (no relation), when she decided the relationship was over in 2006.

Tran repeatedly harrassed Anh with phone calls, text messages and lengthy visits to the restaurant where she worked, sometimes staying there for her entire shift. He showed nude pictures of her to her coworkers in an effort to embarrass and further make her life miserable.

The victim's only, and tragically fatal, mistake was in trying to remain friends with the man she had once dated. She permitted him into her home and allowed him to use the sofa that fateful night because it was late and he had a long drive back to Clearwater. It was there that Tran fabricated the ligatures using a pair of kitchen scissors and some t-shirts. At some point he returned to her bedroom where he tied her to the bed, sexually assaulted her, and then stabbed her in the abdominal region at least 14 times. Eleven of the wounds were deep enough to penetrate major organs. Evidence also indicated her mouth and nose had been covered, temporarily cutting off her oxygen and restricting her ability to call for help from one of her three roommates (two of whom were sisters).

The defendant was found with superficial stab wounds to the abdomen and underwent surgery after he was discovered. The evidence showed that they were self inflicted and did no lasting damage.

The jury, thankfully, found Tran guilty of first degree murder and Judge Adams, even more thankfully, sentenced him to LIFE in prison. The jury never heard of his 1998 conviction where he raped a Clearwater woman who had rejected him (DOC's website shows he was incarcerated for 26 months on that offense - Defendant was also required to register as a sex offender). But the judge knew about it.

In Florida, a life sentence is a life sentence. Tran will die in jail, never having the opportunity to victimize another girlfriend again. Kudos to the prosecution and the judge.


One thing troubled me about this trial.

The defendant, who is Vietnamese, spoke and understood English without a problem. Yet his attorney, Wesley "Buck" Blankner, ordered interpreters for him. Typically two interpreters are needed during trial because fatigue sets in after simultaneously translating for an hour. I learned that the cost of these intepreters is $45 each, per hour. That's not what troubled me.

I, as a taxpayer, was bothered by the fact that Mr. Tran quit using them Tuesday morning. The case went to the jury at lunchtime Thursday. So we, the taxpayers, paid $90 an hour for two interpreters to watch the case for two full days.

I had the opportunity to ask Mr. Blankner why they were present when his client clearly understood English and was able to communicate with him. He verbally tap danced around my question, claimed they were there in case there was some legal terminology that Mr. Tran didn't understand, indicated they would be probably be used when jury instructions were done, and mentioned that Mr. Tran's parents (who were present for the entire case) might need some assistance understanding what was being said.

I, as a taxpayer, don't buy it. But I guess I had to buy it because they were there all week.

The court is not required to provide an interpreter for a defendant's parents. And I didn't remain in the courtroom once closing arguments had concluded (jury instructions are extremely tedious to watch - I have the utmost sympathy for judges having to read page after page of them) so I don't know if Mr. Tran used them.

The taxpayers of Orange County can thank Mr. Tran and his attorney for wasting their money on unnecessary interpreters. But since he's been living at taxpayer expense at the jail since October, 2006 and will be on the taxpayer's dime for years to come (he is currently 24 years old) I suppose a couple thousand more dollars is small change.

Every Day is a Gift

Even though this case doesn't fall into the usual category of cases we follow, CourtWatch was sufficiently appalled after John Hill Hawthorne, age 19, (pictured here) was released on home confinement by Judge John Adams soon after his arrest. Hawthorne is accused in the July murder that involved over a dozen pocket-knife stab wounds in the back of Joel Boner, a homeless man who allegedly flirted with the defendant. Hawthorne had reportedly been drinking all night before coming upon Boner's camp near his parents' 20-acre property in Ocoee.

Click here to see the earlier post.

Mr. Hawthorne was in court Friday before Chief Judge Belvin Perry, who took the case after Judge Adam's earlier ruling. Hawthorne was requesting the opportunity to go outside his parents' home in order to "get some sun" and help cultivate the acreage into a hay farm.

When Hawthorne's father, Milton Claude Hawthorne testified, he couldn't seem to remember whether or not the family was going to clear the old, overgrown orange grove in order to plant hay or sod. When he finally seemed to recollect that they were growing hay, he was sketchy about what that entailed. He mentioned that they had been trying to get it established since last December. He testified that having John do the work would give him the opportunity to earn some money as well. The elder Hawthorne was also evasive when Judge Perry asked who had mowed the grass around the home prior to the incident, claiming that he, John, and his wife took turns doing it. His son was a much better witness on the stand than he was.

Assistant State Attorney Ken Lewis presented Detective Inizzuzi, who testified that there was no visible evidence of any cultivation work being done. She also testified that Cameron Milner, eyewitness to the murder, had lived with the Hawthorne family earlier in the year, and had no knowledge of his friend having responsibility for chores of any kind.

Mr. Lewis effectively painted a picture of a young defendant who has accomplished nothing of value in his life - having been expelled from school, was unemployed, and was drinking alcohol while driving an ATV on his family's property that fateful night. The victim's family was represented by his uncle, Lon Boner, who found it extremely objectionable that Hawthorne might be permitted to come within a few yards of the murder site. He also testified that the family did not know about the bond hearing earlier, or else he would have attended (he is the closest family member and lives in Georgia).

In his final argument, Defense Counsel Charles Willetts asserted that even inmates at the jail get to go outside for sun. He claimed that his client was merely defending himself (something I find hard to believe given the fact that Mr. Boner had over a dozen stab wounds in his back), and that Hawthorne's request is a reasonable one.

In his final argument, Assistant State Attorney Ken Lewis must have read my mind when he offered that the State would have no problem with Mr. Hawthorne serving the rest of his pretrial release at the jail. He emphatically reminded the defendant that every day of the past 3+ months that he's been on home confinement have been a gift. After all, the victim can't have any modification of his situation.

The ruling?

Judge Perry ruled that Hawthorne could have 1 hour a day (the same as inmates at the jail) outdoors. He is to be limited to a radius of 50 yards from the home and must schedule his hour with the home confinement officer. 

We can only hope the defendant's parents give him some chores to do.

Child Abuser Gets a Birthday Present From Judge

Gabriel Hernandez (2007CF18243) got a big birthday present today, all because it's Judge John Adams' "policy" to withhold adjudication of guilt on a first time felony. Apparently, the fact that Mr. Hernandez (whose birthday happens to be June 8th) has only 23 traffic offenses and one misdemeanor offense in Orange County still qualifies for a withhold so he won't lose his voting privileges.

Hernandez was charged with Aggravated Child Abuse (punishable by up to 30 years in prison) and Neglect of Child Causing Harm or Disability (15 year maximum) for inflicting multiple rib fractures upon an infant less than 12 months old. LESS THAN 12 MONTHS OLD! The negotiated plea agreement was for 5 years probation, a parenting class and no unsupervised contact with children under 18 years of age. As Judge Adams was announcing a withhold of adjudication (which will allow the defendant to truthfully state he's never been convicted of a felony), Assistant State Attorney Sarah Freeman leapt to her feet. She notified the judge that this was a negotiated plea that did not include a withhold and she objected. After a somewhat lengthy off-the-record bench conference, Judge Adams did not reverse himself.

I wonder if the judge would have made the same decision if the victim and victim's family had been present in the courtroom today. I certainly hope he sets aside his "policy" and does a better job of holding perpetrators accountable for their crimes - particularly in cases where the victim is the most vulnerable member of the human race - a small, defenseless child.

No Bond for a Battered Wife

Shortly after the Michael Stalling sentencing in Judge John Adams' courtroom, I watched a bond hearing that has haunted me the past 24 hours. Michelle Wheeler (2009CF808) is charged with 2nd Degree Murder in the death of her husband, Jerry Cisco. Without recounting all the details of the 75 minute hearing, both parties have criminal histories. Cisco had been arrested several times for assaulting Wheeler, and the charges have always been dropped.

After the judge took 15 minutes to review the psychological report, the bond hearing began. Ms. Wheeler had about a dozen family members and friends in the courtroom to support her. In addition to a 17-yr old from a previous marriage, she has two children with the victim (ages 2 and 3). If released, she would live with her parents, who have owned their home in Ocoee since 1969. She has a history of always appearing in court when required to do so.

Joyce Pastorek, co-founder of No Abuse, a certified Batterers' Intervention Program (BIP) provider, and author of the psych report testified on behalf of the defense. She related that Ms. Wheeler is suffering from Post-Traumatic Stress Disorder and meets the criteria for Battered Wife Syndrome. Pastorek testified that on the day of the incident, Cisco had conviced Wheeler that she would die that day. She had been repeatedly beaten and threatened with a knife that he'd used on her in the past. She was, in fact, convinced that she would die that day. Some time after midnight, she begged him to drop the knife, at which time she quickly grabbed it and stabbed him in the chest.

Wheeler's attorney, Chung-Wook Kim did an excellent job of making his case, until it was time for final argument. He carried the ball to the 5-yard line, but didn't cross into the end zone. Bond is designed for two purposes - to assure the defendant's appearance in court and to protect the victim and/or community. Mr. Kim failed to emphasize that Wheeler has strong ties to the community, and that she is not a flight risk (having lived here her entire life). He also failed to argue that she is not a danger to anyone. He asked for bond in the amount of $10k-20k with home confinement or GPS monitoring, and counseling. He indicated a curfew would be a reasonable restriction for his client, who has been in custody since January.

Assistant State Attorney Les Hess provided testimony that Ms. Wheeler committed the offense (she made an admission to law enforcement). He relied on "proof evident, presumption great" standard that she committed the offense.

The judge ordered that the defendant be held on No Bond. He indicated that if evidence were presented that she could get the counseling help she needs, and that if it was superior to the help she's currently receiving in jail with the New Beginnings program, he would reconsider if another motion were brought before him. Was the judge's decision perhaps influenced by the embarrassment of having had a different defendant (Michael Stalling) not show up when he was supposed to? We'll probably never know for certain.

True justice is tempered with mercy and each case should be considered on its own merits. I was disappointed to see that justice didn't happen in this hearing.

Attempted Murderer Gets 15 Years Prison

Michael Stalling, who pled no contest in March to attempting to murder his wife and subsequently cut off his GPS monitor and fled prior to sentencing in April, appeared before Judge John Adams yesterday. Stalling apologized to the Court for his failure to appear, citing that he was depressed and frightened about having to go to prison. He thanked the judge for permitting him to spend some time with his ailing mother after the plea in March. He expressed regret for putting his family through this whole ordeal. What was missing, however, was an apology for having committed the offense of stabbing his wife six times.

Stalling's original plea agreement called for him to serve 8 years in prison. His attorney, Evellen Jewett did an admirable job of presenting his case. But in the end, Judge Adams sentenced him to 15 years - and emphasized that the "extra" 7 years were not because he failed to appear, but because his crime was unacceptable. He concurred with the State Attorney's position that the only reason the victim was not mortally wounded was because she is a large (fleshy) woman and the knife did not hit any major organs or blood vessels.

Kudos to Judge John Adams.

Attempted Murderer Found

WFTV reports that Michael Stalling was re-arrested yesterday. We will closely monitor his case to see what Judge Adams does next.
http://www.wftv.com/news/19141586/detail.html

Attempted Murderer on the Run

Imagine my surprise when I tuned in to WFTV yesterday morning and saw the report on Michael Stalling's flight from justice. He was originally charged with Attempted 1st Degree Murder, and was allowed to plead to the lesser charge of Aggravated Battery (Great Bodily Harm) on March 23, 2009. He was supposed to be in court on Tuesday for sentencing.

http://www.wftv.com/news/19123203/detail.html

Four things concern me:
1. That he was offered the opportunity to plead to a lesser charge after he (allegedly) stood up from a couch while watching TV, jumped on top of his wife, and stabbed her 7 times.
2. The fact that Judge John Adams allowed Stalling out of jail while awaiting sentencing in order to visit his sick mother. Putting a GPS device on someone who is facing a lengthy sentence (his criminal record is extensive) is not going to assure his return to court.
3. The fact that WFTV didn't mention the judge's name in their reporting of this incident.
4. The fact that only one news agency reported his flight. Everyone seems to be too busy covering the fact that there are depositions being taken in the Casey Anthony case this week. Stalling's face ought to be posted everyone so he can be found and locked up and so his victim can have peace.