ORLANDO, Florida (CNN) -- A Florida woman accused of killing her toddler daughter made a rare court appearance Thursday for a hearing regarding "disturbing" images of the scene where her daughter's skeletal remains were found.
The hearing began without Casey Anthony, as defense attorney Jose Baez saying she waived her right to appear. But prosecutors objected, saying Anthony should be brought into court and questioned before waiving her appearance.
Orange County Circuit Judge Stan Strickland agreed, sending deputies to retrieve Anthony from jail but starting the hearing without her.
She later was brought in, wearing navy jail scrubs. Answering Strickland's questions in a clear voice, Anthony confirmed that she had waived her right to appear in court. Watch Casey Anthony appear in court »
Strickland, however, had her remain for the rest of the hearing. She sat expressionless, appearing to listen closely as prosecutors and defense attorneys hashed out routine discovery and evidentiary issues.
Anthony, 22, is accused of killing her 2-year-old daughter Caylee, who was last reported seen in June. She was arrested in October and charged with first-degree murder and other offenses, even though Caylee's body had not been found.
The girl's skeletal remains were found last month in woods about a half-mile from the home of Anthony's parents, where Caylee and her mother had been living. Authorities have been unable to determine how the girl died but said she was the victim of a homicide.
In Thursday's hearing, prosecutors and defense attorneys wrangled over defense experts' access to images from the scene where the body was found. Prosecutors said they did not want the defense to copy, print or send any photos or X-rays of Caylee to their experts, many of whom were outside Florida, out of concern they might wind up in the media's hands.
Because the experts are outside the jurisdiction of the Florida court, Strickland would have little recourse if the photos wound up "displayed on some magazine at the checkout at the Publix," prosecutor Linda Drane Burdick said Thursday.
The pictures "are not necessarily gruesome, but they are disturbing," especially images of the child's skull when it was found and removed from the woods, she said.
Baez agreed he did not want the photos to be made public, and said he doubted his experts would jeopardize their reputations by leaking them, noting they have signed confidentiality agreements.
The parties agreed that the defense would set up a secure Web site for its experts to evaluate the photographs. Strickland also ordered Baez not to copy the images or transmit them in any way.
In an earlier hearing Thursday, another Orange County circuit judge ruled that a lawsuit filed against Anthony may proceed, but the judge is not requiring Anthony to submit to a deposition at this time.
In questioning after Caylee's disappearance, Anthony told police she had left the child with a baby sitter named Zenaida Gonzalez and had not seen her since. Checking out her story, authorities found that the apartment where Anthony said she left Caylee was vacant and located a Zenaida Gonzalez, who said she had never met Anthony.
Gonzalez filed a defamation suit against Anthony, saying that as a result of Anthony's statements, she has been suspected wrongly of involvement in Caylee's disappearance. Her attorney, John Morgan, told the judge Thursday that Gonzalez lost her job because of those claims.
Anthony's defense attorneys asked that proceedings in the Gonzalez suit -- specifically, Anthony's deposition -- be postponed until the criminal case against Anthony is resolved, because Anthony's answers to questions in the deposition could potentially incriminate her, meaning she would have to invoke her Fifth Amendment right in refusing to answer.
Circuit Judge Jose Rodriguez agreed that Anthony should not be compelled to undergo an oral deposition, but said Morgan could depose her with written questions and answers.
"No matter how much we want to separate these cases, they're intertwined," Rodriguez said in issuing his decision.
Morgan noted that Anthony has filed a countersuit against Gonzalez, and said Anthony cannot duck a deposition at the same time that she is suing his client.
"They cannot have their cake and eat it too," Morgan said, adding that Anthony "can't sue someone and then say, 'You can't question me because of the Fifth Amendment.' "
Anthony's countersuit accuses Gonzalez of attempting to cash in on the high-profile case.
A trial date has not been set for Anthony, who could face a sentence of life in prison if convicted of killing Caylee. Prosecutors have said they will not seek the death penalty against her.
Friday, January 9, 2009
Carlie Brucia’s Killer Wants New Trial
SARASOTA, FLA— Attorneys for Joseph Smith, sentenced to death in November 2005 for the kidnapping, sexual assault and first degree murder of 11-year-old Carlie Brucia, are seeking a new trial because they claim that the FBI mishandled DNA evidence.
Eleven-year-old Carlie Brucia was kidnapped Feb. 1, 2004, in Sarasota as she was walking home from a friend’s house. The abduction was captured on videotape by a car wash security camera, showing 39-year-old Joseph Smith, a mechanic, confronting her. Her partially naked body was found four days later near a church. The video was broadcast worldwide and led to Smith’s arrest when family members and friends recognized him.
Smith’s DNA was found on a semen stain on the girl’s red shirt and his attorneys are challenging how the lab tests were conducted. During the 2005 trial, Smith’s defense attorney had questioned why local evidence technicians had not found DNA evidence on the shirt before the shirt was sent to the FBI crime lab where DNA was found. An FBI agent testified that the shirt had not been tested at the FBI lab but instead had only reviewed the results.
Smith’s attorneys are claiming that such testimony by the agent would have been inadmissible hearsay and should not have been allowed.
The appeal also challenges the admission of other evidence which linked Smith to the crimes and claims there were at least 12 areas of the trial which may have been unconstitutional or where judicial error was made such as allowing the jury to view crime scene photos and allowing testimony by Smith’s brother.
Smith, now 42, was found guilty of the murder on Thursday Nov. 2005 after a jury deliberated just five hours, convicting Smith of first degree murder, sexual battery of a child less than 12 years of age and kidnapping with infliction of bodily harm and/or with commission of felony on the child.
A jury had voted 10-2 for death by lethal injection for the murder and Circuit Court Judge Andrew Owens agreed, saying that Carlie suffered “unspeakable terror and physical suffering” at the hands of Smith. “May God have mercy on your soul”, the judge said after pronouncing the sentence.
Smith was sentenced to life in prison for the kidnapping and sexual battery convictions.
Smith did not testify at the trial. The video tape was introduced into evidence and numerous people identified Smith as the man shown.
Smith’s lawyers had argued for life imprisonment without parole, saying that he was under the influence of drugs and suffered from drug addiction and depression.
Under Florida law, there is a mandatory appeal process for all defendants sentenced to the death penalty. The challenge to Smith’s conviction filed in the state Supreme Court is the first stage of the appeal process. 1-8-09
Eleven-year-old Carlie Brucia was kidnapped Feb. 1, 2004, in Sarasota as she was walking home from a friend’s house. The abduction was captured on videotape by a car wash security camera, showing 39-year-old Joseph Smith, a mechanic, confronting her. Her partially naked body was found four days later near a church. The video was broadcast worldwide and led to Smith’s arrest when family members and friends recognized him.
Smith’s DNA was found on a semen stain on the girl’s red shirt and his attorneys are challenging how the lab tests were conducted. During the 2005 trial, Smith’s defense attorney had questioned why local evidence technicians had not found DNA evidence on the shirt before the shirt was sent to the FBI crime lab where DNA was found. An FBI agent testified that the shirt had not been tested at the FBI lab but instead had only reviewed the results.
Smith’s attorneys are claiming that such testimony by the agent would have been inadmissible hearsay and should not have been allowed.
The appeal also challenges the admission of other evidence which linked Smith to the crimes and claims there were at least 12 areas of the trial which may have been unconstitutional or where judicial error was made such as allowing the jury to view crime scene photos and allowing testimony by Smith’s brother.
Smith, now 42, was found guilty of the murder on Thursday Nov. 2005 after a jury deliberated just five hours, convicting Smith of first degree murder, sexual battery of a child less than 12 years of age and kidnapping with infliction of bodily harm and/or with commission of felony on the child.
A jury had voted 10-2 for death by lethal injection for the murder and Circuit Court Judge Andrew Owens agreed, saying that Carlie suffered “unspeakable terror and physical suffering” at the hands of Smith. “May God have mercy on your soul”, the judge said after pronouncing the sentence.
Smith was sentenced to life in prison for the kidnapping and sexual battery convictions.
Smith did not testify at the trial. The video tape was introduced into evidence and numerous people identified Smith as the man shown.
Smith’s lawyers had argued for life imprisonment without parole, saying that he was under the influence of drugs and suffered from drug addiction and depression.
Under Florida law, there is a mandatory appeal process for all defendants sentenced to the death penalty. The challenge to Smith’s conviction filed in the state Supreme Court is the first stage of the appeal process. 1-8-09
Creamer indicted in 2-year-old's death
PANAMA CITY — A grand jury indicted Dennis Peewee Creamer on Thursday of first-degree murder in the beating death of a 2-year-old Lynn Haven girl.
Creamer, 25, was indicted on charges of premeditated murder by aggravated child abuse and aggravated child abuse that led to a child's death. He faces life in prison or the death penalty if convicted as charged.
Haley Marie Cain was found dead Dec. 7 by her mother, Jessica Krsul, in the home they shared with Creamer, Krsul's live-in boyfriend. An autopsy conducted Dec. 9 by the Bay County medical examiner concluded Haley suffered multiple injuries prior to death, authorities said.
Lynn Haven Police said during questioning Creamer admitted kicking Haley in the stomach, beating her head against the wall several times and forcing her to the floor several times, according to the release.
After the attack, Creamer placed Haley in a bed and left her there, police said.
The following morning, Creamer found her dead and left the residence, after which Krsul found her daughter dead, police said.
Circuit Judge Dedee Costello got the case and set Creamer's arraignment for Feb. 5.
Creamer, 25, was indicted on charges of premeditated murder by aggravated child abuse and aggravated child abuse that led to a child's death. He faces life in prison or the death penalty if convicted as charged.
Haley Marie Cain was found dead Dec. 7 by her mother, Jessica Krsul, in the home they shared with Creamer, Krsul's live-in boyfriend. An autopsy conducted Dec. 9 by the Bay County medical examiner concluded Haley suffered multiple injuries prior to death, authorities said.
Lynn Haven Police said during questioning Creamer admitted kicking Haley in the stomach, beating her head against the wall several times and forcing her to the floor several times, according to the release.
After the attack, Creamer placed Haley in a bed and left her there, police said.
The following morning, Creamer found her dead and left the residence, after which Krsul found her daughter dead, police said.
Circuit Judge Dedee Costello got the case and set Creamer's arraignment for Feb. 5.
Material from Hilton Case to be Released
Leon County Circuit Judge Terry Lewis filed an order Friday that will allow some information to be released in the case of the State of Florida versus Gary Hilton.
Judge Lewis decided that a limited amount of information of case related material will be released to the public to insure a fair trial to both the state and the Defendant.
The released information will be filled into the Clerk of the Circuit Courts once the newly released information is provided to the courts for final approval and filing.
Both WCTV and the Tallahassee Democrat have asked for court documents to be open to public access.
Hilton is accused of murdering Crawfordville woman, Cheryl Dunlap... and faces the death penalty if convicted.
Dunlap's body was discovered in the Apalachicola National Forest over a year ago.
Judge Lewis decided that a limited amount of information of case related material will be released to the public to insure a fair trial to both the state and the Defendant.
The released information will be filled into the Clerk of the Circuit Courts once the newly released information is provided to the courts for final approval and filing.
Both WCTV and the Tallahassee Democrat have asked for court documents to be open to public access.
Hilton is accused of murdering Crawfordville woman, Cheryl Dunlap... and faces the death penalty if convicted.
Dunlap's body was discovered in the Apalachicola National Forest over a year ago.
Former students speak on alleged abuse
By KATE McCARDELL
Floridan Staff Writer
Published: January 8, 2009
On the surface, Darby Tillis and Dick Colon don’t seem to have much in common.
A closer look reveals the two men share a passion for making incarceration a productive experience.
They both speak adamantly against institutional violence. And they both saw it first hand, at the now-infamous Florida Industrial School for Boys.
Different worlds
Tillis grew up in the country, where civil pleasantries like sidewalks didn’t exist. He’s now a public speaker and pastor in Chicago. Colon was a city boy, and now runs a million-dollar electric company in Baltimore.
Although they have never met, heir lives were linked by the place where Tillis saw his first sidewalk.
Tillis ended up at FISB, now the Arthur G. Dozier School for Boys, at the tender age of 9.
“When I laid my daddy down the day he died, I grabbed a shot gun and went down to the school to blow the principal away,” Tillis recalled. “I got caught in the process and I was jailed. The authorities told my mother to take me back home, but she told them, ‘Put him in reformatory school.’”
He said he took the gun to school because he’d had enough of the principal beating on kids.
Tillis said he spent 11 months at the reform school, and recalls being whipped three times. It was 1953.
“I remember the blood blistering. They’d scab you good. I remember if you put your hand up, they’d start the lashes over again,” said Tillis.
“I’d lay on the bed and hold my hands to the strap while they beat and beat your behind. We’d be so bloody,” said Tillis.
He said he avoided more frequent beatings by “screaming and raising hell through the night” to call attention to himself.
Being a black boy in the South back then, getting beat was nothing new. I heard the white boys called it the ‘White House,’ but on our side we called it the ‘Ice cream House’ ... I’m not sure why,” said Tillis.
The White House is where severe beating allegedly took place at the school. Some former students claim some of their fellow inmates were beaten to death.
Tillis said the time spent at the school was a mix of good and bad. There were amenities there that Tillis did not see at home, like movie nights.
Tillis said he chose to come forward with his experience because of recent media attention surrounding the White House Boys, a group of former residents of the white side of the then-segregated reform school.
The group of men claim torturous abuse occurred in the White House at the school, and the state Department of Juvenile Justice recently acknowledged the abuse with a plaque on the building, which still stands.
“I’m thrilled that these men have spoken out about what happened there. I can imagine that white boys weren’t as used to being beaten as black boys in the South were back then,” Tillis said. “Coming into that must have been even more of a shock for them.”
While Tillis speculates the beatings were probably worse on the black side of the school, he doesn’t recall seeing much abuse other than his own.
“I was just a whippersnapper and kind of oblivious. And my father had just died and I was trying to heal, I was adjusting to the school all at once,” Tillis said.
Dick Colon is a member of the White House Boys. He said he was beaten severely on several occasions during his stay at the reform school.
Colon has also alleged that there could be a number of residents who were beaten to death back in the 1960s and 70s.
In an earlier interview, Colon said he believes he saw a boy’s body tumbling inside a clothes dryer, among other horrendous acts.
From negative to positive
If Colon was beaten so badly when he attended FISB, then why does he return to the school to hand out scholarship money each year?
“Once you go through something like that, you develop a camaraderie with others who go through it,” Colon said. “I tried my hardest while I was there, but it was never good enough. I offered this scholarship for boys who are trying there hardest, even if they aren’t getting great results. They get a fair shot that way and it encourages them not to give up.”
In his days at the school, Colon himself chose not to give up. Despite the nightly beatings, Colon used daylight hours to study hard.
Eventually, Colon found his calling as the owner of an electric company that quickly hit the million-dollar mark.
At his annual scholarship speech, he tells boys who sit where he once sat that he succeeded because he took what fate gave him and made it work.
Abolishing violence
To this day, Tillis is trying to determine what compelled him to try to shoot his principal, he said.
After his 11 months served at the reform school, Tillis was released and returned to his Marianna home. He said his time at the reform school made his a social outcast in town, so after graduation he moved to Illinois.
In the 1970’s, Tillis was accused of murder and spent more than nine years on death row.
He was among the first death row inmates exonerated in the state of Illinois, and was tried more than five times — the most in U.S. history, he said.
Tillis has been seen walking Chicago’s streets in an orange jump suit, shouting “Abolish the death penalty.”
Since he regained his freedom, Tillis, now a pastor, has spent his life speaking publicly against violence on inmates and against death row.
“It’s not acceptable. Not right. I’m elated to see that somebody stood up to bring this out,” Tillis said of the accusations made about abuse at Dozier. “I hope more attention is paid to these schools and that this type of mess can be eliminated.”
He said violence on troubled inmates isn’t productive.
“What does is accomplish? It just perpetuates more violence. These types of boys and men don’t need to see more negativity. They need someone to show them a different way,” he said. “Young men don’t need cruelty, they need care. You show them nothing but, and that’s all you’ll ever get from them ... And no one’s life should be put up for good. Once you kill an innocent man, you can’t bring him back.
“Look at me. I went to reform school and death row and never should have been at either one.”
Floridan Staff Writer
Published: January 8, 2009
On the surface, Darby Tillis and Dick Colon don’t seem to have much in common.
A closer look reveals the two men share a passion for making incarceration a productive experience.
They both speak adamantly against institutional violence. And they both saw it first hand, at the now-infamous Florida Industrial School for Boys.
Different worlds
Tillis grew up in the country, where civil pleasantries like sidewalks didn’t exist. He’s now a public speaker and pastor in Chicago. Colon was a city boy, and now runs a million-dollar electric company in Baltimore.
Although they have never met, heir lives were linked by the place where Tillis saw his first sidewalk.
Tillis ended up at FISB, now the Arthur G. Dozier School for Boys, at the tender age of 9.
“When I laid my daddy down the day he died, I grabbed a shot gun and went down to the school to blow the principal away,” Tillis recalled. “I got caught in the process and I was jailed. The authorities told my mother to take me back home, but she told them, ‘Put him in reformatory school.’”
He said he took the gun to school because he’d had enough of the principal beating on kids.
Tillis said he spent 11 months at the reform school, and recalls being whipped three times. It was 1953.
“I remember the blood blistering. They’d scab you good. I remember if you put your hand up, they’d start the lashes over again,” said Tillis.
“I’d lay on the bed and hold my hands to the strap while they beat and beat your behind. We’d be so bloody,” said Tillis.
He said he avoided more frequent beatings by “screaming and raising hell through the night” to call attention to himself.
Being a black boy in the South back then, getting beat was nothing new. I heard the white boys called it the ‘White House,’ but on our side we called it the ‘Ice cream House’ ... I’m not sure why,” said Tillis.
The White House is where severe beating allegedly took place at the school. Some former students claim some of their fellow inmates were beaten to death.
Tillis said the time spent at the school was a mix of good and bad. There were amenities there that Tillis did not see at home, like movie nights.
Tillis said he chose to come forward with his experience because of recent media attention surrounding the White House Boys, a group of former residents of the white side of the then-segregated reform school.
The group of men claim torturous abuse occurred in the White House at the school, and the state Department of Juvenile Justice recently acknowledged the abuse with a plaque on the building, which still stands.
“I’m thrilled that these men have spoken out about what happened there. I can imagine that white boys weren’t as used to being beaten as black boys in the South were back then,” Tillis said. “Coming into that must have been even more of a shock for them.”
While Tillis speculates the beatings were probably worse on the black side of the school, he doesn’t recall seeing much abuse other than his own.
“I was just a whippersnapper and kind of oblivious. And my father had just died and I was trying to heal, I was adjusting to the school all at once,” Tillis said.
Dick Colon is a member of the White House Boys. He said he was beaten severely on several occasions during his stay at the reform school.
Colon has also alleged that there could be a number of residents who were beaten to death back in the 1960s and 70s.
In an earlier interview, Colon said he believes he saw a boy’s body tumbling inside a clothes dryer, among other horrendous acts.
From negative to positive
If Colon was beaten so badly when he attended FISB, then why does he return to the school to hand out scholarship money each year?
“Once you go through something like that, you develop a camaraderie with others who go through it,” Colon said. “I tried my hardest while I was there, but it was never good enough. I offered this scholarship for boys who are trying there hardest, even if they aren’t getting great results. They get a fair shot that way and it encourages them not to give up.”
In his days at the school, Colon himself chose not to give up. Despite the nightly beatings, Colon used daylight hours to study hard.
Eventually, Colon found his calling as the owner of an electric company that quickly hit the million-dollar mark.
At his annual scholarship speech, he tells boys who sit where he once sat that he succeeded because he took what fate gave him and made it work.
Abolishing violence
To this day, Tillis is trying to determine what compelled him to try to shoot his principal, he said.
After his 11 months served at the reform school, Tillis was released and returned to his Marianna home. He said his time at the reform school made his a social outcast in town, so after graduation he moved to Illinois.
In the 1970’s, Tillis was accused of murder and spent more than nine years on death row.
He was among the first death row inmates exonerated in the state of Illinois, and was tried more than five times — the most in U.S. history, he said.
Tillis has been seen walking Chicago’s streets in an orange jump suit, shouting “Abolish the death penalty.”
Since he regained his freedom, Tillis, now a pastor, has spent his life speaking publicly against violence on inmates and against death row.
“It’s not acceptable. Not right. I’m elated to see that somebody stood up to bring this out,” Tillis said of the accusations made about abuse at Dozier. “I hope more attention is paid to these schools and that this type of mess can be eliminated.”
He said violence on troubled inmates isn’t productive.
“What does is accomplish? It just perpetuates more violence. These types of boys and men don’t need to see more negativity. They need someone to show them a different way,” he said. “Young men don’t need cruelty, they need care. You show them nothing but, and that’s all you’ll ever get from them ... And no one’s life should be put up for good. Once you kill an innocent man, you can’t bring him back.
“Look at me. I went to reform school and death row and never should have been at either one.”
Sunday, January 4, 2009
Jim McDonough: Cut costs and still stay safe
Jim McDonough
My View
Florida's leaders can and should reduce prison costs and crime. Both outcomes can be achieved simultaneously, and now is the time to act. To do so would take some thoughtfulness and a little political courage; mostly it would take leadership, especially from the Legislature.
Huge cost savings can be realized by not building several of the almost 20 new prisons now projected as "necessary." With construction costs at $100 million a copy and operating costs at $26 million for each one every year thereafter (for perpetuity, if we keep going as we are now), the financial drain is staggering, pulling money from other essential and productive programs the state will have to cut in order to pay the incarceration bill.
So how can we not build prisons and keep the state safer? The quick answer is to cut the recidivism rate (now at one-third within three years and progressively worse thereafter). Lower recidivism means less crime, and it is predictable if we put some effort into substance-abuse treatment (lowers recidivism by more than 10 percent), education (3-percent to 4-percent decrease per year of education level increase) and job training (5-percent decrease). These are solid data, consistent over many years. Also promising are faith-based programs, although the data here are still being collected for longitudinal verification. Banking on these relatively low-cost programs calls for some up-front investments, but the argument that we cannot afford it this particular year is nothing but backward logic. Real construction costs will begin this year (it takes five years to build a prison); the modicum invested now in the programs above immediately saves large costs.
Also immediately effective would be greater use of work-release centers. A program that currently places 3,000 inmates within 14 months of their release to unsecured barracks in communities where they go to work like everybody else, turn their pay over to corrections officials (who set it aside for them) and have local sponsors (usually family members), it has established a long-term record of low criminal incidence (any infractions are met with quick return to prison) and high employment rates. Another 3,000 inmates are qualified for the program but must await an open space. Finding room, perhaps by relaxing the requirement to sleep at the center after a few months of proven behavior (all other restrictions would remain in place, plus assignment to a probation officer), could bring down the construction bill by two prisons (or $200 million). Public safety is improved as inmates assimilate back into society with supervision and a job, instead of walking out the prison gate "cold turkey," unemployed and untreated for their long-term addictions (which do not go away by themselves, regardless of the length of imprisonment).
There are other low-cost ways to defer immediate costs. Selective restoration of gain time (a reward system to encourage good behavior within prison) would save the need for at least one more prison in the short term and perhaps as many as two. So too would the creation of re-entry courts that enable inmates with addictive and mental health problems nearing release to be placed under supervision of a judge while undergoing community reintegration with the necessary (and mandatory) assistance. This is an idea whose time has come — just as drug courts (Florida has more than 110) have proven enormously cost-effective in reducing crime and addiction while avoiding incarceration costs. Conversely, cutting probation officers to save a few dollars in salary budget makes no sense, yet this has been the recourse to an unimaginative appropriations record.
Continuing as we have in recent years makes no sense. Other states have figured this out and are taking proactive steps, with no signs of increases in crime. Florida, once a leader in the field of criminal justice, should be out in front once again. All we seem to lack is political courage, much of it in the unspoken fear of being seen as "soft on crime."
None of the above is "soft on crime." It is hard analysis of what works and what does not. If inmate re-entry rates were seen as the compounded interest they are to prison costs, we would realize that we will soon be bankrupt at the pace we are going. Not to rethink our approach, measure the risks and hedge against uncertainty is pure foolishness. In every crisis lies opportunity. The time for leadership is now.
Additional Facts
ABOUT THE AUTHOR
Jim McDonough is former drug czar of the state of Florida and former director of the Department of Corrections. Contact him at mcdonoughjamesr@aol.com.
Saturday, January 3, 2009
Gator fans would Sooner not read this
Sam Cook
scook@news-press.com
Ten years ago, "Swami Sam'' dusted off his crystal ball for the first forecast while the world anxiously awaited the Y2K scare.
Was this the end?
Not by a long shot.
We didn't wake up to falling airplanes Jan. 1, 2000 - just embarrassed "experts'' who overcalculated our panic entering the next millennium.
A decade later, no one looks up during a down economy. Here's how I see the next 12 months (with subject foot-in-mouth quotes provided by me).
- January: If I hit just one pick, let it be college football. The "Sooner Schooner'' tramples the Gators as Oklahoma whips Florida for the mythical national championship. Florida fans are insufferable enough without their team adding a second BCS title in three years.
- February: Double-murder defendant Fred Cooper, facing a jury that isn't squeamish about applying the death penalty, is convicted in Pinellas County of killing Gateway couple Michelle and Steven Andrews. Judge Thomas Reese adds the final touch: "May God have mercy on your soul.''
- March: Boston owner John Henry rewards commissioners Ray Judah, Tammy Hall and Bob Janes for their new stadium votes with green Red Sox uniforms for a St. Patrick's Day game with the Twins. County manager Don Stilwell, inspecting the package for his uniform, finds a bill instead. "Imagine that,'' he mutters. "The Red Sox charged us for the uniforms.''
- April: Florida Gulf Coast University President Wilson Bradshaw, fresh from reversing his ban on Christmas decor, pulls out his shotgun and shoots a rabid rabbit on campus Easter morning. "Relax!'' says the prez. "It's not like I killed the Easter Bunny.''
- May: Talk about man bites dog, here is a news shocker: An FGCU female professor reverses a university trend by sexually harassing a male student. FGCU fired instructor Carl Wood on Dec. 15 after a female student/employee claimed Wood kissed her and repeatedly touched her thigh. Earlier, the school suspended instructor Jeffrie Jinian and associate professor David Lounsbury with pay after multiple female students filed allegations of sexual harassment against them.
- June: Lee schools superintendent James Browder says sayonara to the cash-strapped district, collects his $341,600 severance and drives his gold-plated golf cart into the sunset. "Dang right I'm outta here,'' says Jimbo. "Nothing I'd rather do than hit that little white ball.''
- July: Double-dipper Ken "Why Am I Working?'' Wilkinson decides six months on the job is plenty after being re-elected property appraiser. "You need my $142,239 salary more than I do,'' he tells the county. "My $9,037 pension and $588,081 accrued DROP payments will keep me in my river penthouse forever.''
- August: Lee commissioner Brian Bigelow and school board member Bob Chilmonik, both mavericks when it comes to voting, announce they are the same person. Think about it. Have you ever seen them together?
- September: Sheriff Mike Scott says moving prisoners to a new jail facility is like going from a Motel 6 to a Hilton. Inmates agree, yet aren't happy with their new digs. "What happened to all the rats and roaches?'' asks a chubby prisoner. "This joint kills our diet. I love rat under glass and barbecued roach legs.''
- October: County Manager Don "Don't You Know Who I Am?'' Stilwell, seeking a substance to rival his stubbornness, fills in a pond on his property with concrete. "It will last longer than water or dirt,'' says Stilwell, winking at a code enforcement officer.
- November: County spring training consultant John Yarbrough averts a total baseball boondoggle - building an $80 million Red Sox stadium in South Lee - by luring the Baltimore Orioles to play in Fort Myers' vacated City of Palms Park in 2012.
- December: It's midnight Dec. 31, and 2009 county firstborn Jaymes Kristofer Blaine Huston of Lehigh Acres is 13 minutes from his first birthday.
Florida man charged with capital sexual battery could face death penalty
January 2, 2009 - 4:49PM
A north Florida man was arrested in connection with the sexual battery of a 4-year-old girl.
Capt. Steven Ganey of the Wakulla County Sheriff's Office says 34-year-old Francisco Ramon Alicea is being held without bail for alleged capital sexual battery.
He was booked into the jail early Thursday morning. Ganey says if convicted, Alicea could face the death penalty. Florida statutes allow the death penalty in sexual-battery cases involving victims under the age of 12.
Authorities say the girl was in Alicea's care on New Year's Eve when the assault occurred. Ganey says Alicea confessed to the sexual battery.
It could not immediately be determined whether Alicea had an attorney.
High profile murder cases may go to trial by end of '09
The cases of Rachel Hoffman, the Pinellas police informant shot to death in May, and Cheryl Dunlap, a woman found slain in the Apalachicola National Forest in late 2007, could go to trial at the end of the year, said Chief Assistant State Attorney Jackie Fulford.
Tallahassee, Florida -- Prosecutors and public defenders in the 2nd Judicial Circuit will be spending the first part of 2009 prepping for two high-profile murder trials.
The cases of Rachel Hoffman, the 23-year-old police informant shot to death in May, and Cheryl Dunlap, the 46-year-old Crawfordville resident found slain in the Apalachicola National Forest in late 2007, could go to trial at the end of the year, said Chief Assistant State Attorney Jackie Fulford.
"We're going through the discovery process, and I expect a bunch of depositions will be taken early (this) year, but there's no trial date set. Maybe early toward the last quarter of (the) year," she said.
Two men are going on trial for killing Hoffman: Deneilo Bradshaw, 23, and Andrea Green, 26.
Suspected serial killer Gary Michael Hilton, 62, has been charged with Dunlap's abduction and murder.
All three will face the death penalty if convicted.
Prosecutors and defense attorneys have argued that publicity in both cases has been fierce. Lawyers on both sides sought the closure of pretrial evidence so as not to prejudice potential jurors in Leon County.
Lawyers for the Tallahassee Democrat and WCTV, though, have been fighting for public release of at least some of the evidence. Circuit Judge Kathleen Dekker, who presides over the Hoffman case, and Circuit Judge Terry Lewis, who presides over the Dunlap case, have mostly agreed with the defense and prosecutors.
Dekker allowed for the release of the redacted Tallahassee Police Department internal-affairs report about the botched drug operation that led to Hoffman's death, but all other evidence has remained closed from the media and the public.
Fulford said it's still possible that one or both cases will be tried elsewhere if the court is unable to seat a fair and impartial jury in Leon County.
"We'd have to move it somewhere where people hadn't heard enough about the case," she said, "and didn't have a fixed opinion about it."
Nic Corbett, Tallahassee Democrat
Tallahassee, Florida -- Prosecutors and public defenders in the 2nd Judicial Circuit will be spending the first part of 2009 prepping for two high-profile murder trials.
The cases of Rachel Hoffman, the 23-year-old police informant shot to death in May, and Cheryl Dunlap, the 46-year-old Crawfordville resident found slain in the Apalachicola National Forest in late 2007, could go to trial at the end of the year, said Chief Assistant State Attorney Jackie Fulford.
"We're going through the discovery process, and I expect a bunch of depositions will be taken early (this) year, but there's no trial date set. Maybe early toward the last quarter of (the) year," she said.
Two men are going on trial for killing Hoffman: Deneilo Bradshaw, 23, and Andrea Green, 26.
Suspected serial killer Gary Michael Hilton, 62, has been charged with Dunlap's abduction and murder.
All three will face the death penalty if convicted.
Prosecutors and defense attorneys have argued that publicity in both cases has been fierce. Lawyers on both sides sought the closure of pretrial evidence so as not to prejudice potential jurors in Leon County.
Lawyers for the Tallahassee Democrat and WCTV, though, have been fighting for public release of at least some of the evidence. Circuit Judge Kathleen Dekker, who presides over the Hoffman case, and Circuit Judge Terry Lewis, who presides over the Dunlap case, have mostly agreed with the defense and prosecutors.
Dekker allowed for the release of the redacted Tallahassee Police Department internal-affairs report about the botched drug operation that led to Hoffman's death, but all other evidence has remained closed from the media and the public.
Fulford said it's still possible that one or both cases will be tried elsewhere if the court is unable to seat a fair and impartial jury in Leon County.
"We'd have to move it somewhere where people hadn't heard enough about the case," she said, "and didn't have a fixed opinion about it."
Nic Corbett, Tallahassee Democrat
Friday, January 2, 2009
William Dillon’s prison hell
William Dillon’s prison hellCourts share blame for Satellite Beach man’s tragedyhttp://www.floridatoday.com/article/20081223/COLUMNISTS0205/81222054/1138/opinion Imagine being confined to a walk-in closet, your every move monitored 24 hours a day. |
In your voice |
Wellington judge appointed to Fla. Supreme Court
Wellington judge appointed to Fla. Supreme Court
Click-2-ListenPalm Beach Post Staff Writers
http://www.palmbeachpost.com/localnews/content/local_news/epaper/2009/01/02/labarga0102.html
Friday, January 02, 2009
A self-described moderate with Republican roots, Labarga replaces Justice Harry Lee Anstead, widely considered one of the more liberal members of the court. Anstead was forced to step down after reaching the state's 70-year-old age limit.
"Judge Labarga brings to Florida's highest court all of the qualities needed in a justice, including integrity, fairness and compassion, as well as an added dimension of diversity," Crist said in a news release. "During his long career he has gained a great understanding of people from seeing firsthand the situations of those involved in the court system."
Labarga, 56, was first appointed a judge 13 years ago by then-Gov.
Lawton Chiles. He is third of four appointments Crist is expected to make to the seven-member court within six months.
He would be the only Hispanic member of the court after Raoul Cantero resigned in 2008.
The nomination comes after a controversial selection process, in which Labarga was a finalist for the prior two Supreme Court positions.
He appeared out of the running for the third opening when Crist appointed him to the 4th District Court of Appeal in December.
But days after the appointment, Crist asked the Supreme Court Judicial Nominating Commission for a more diverse group of candidates.
After a contentious nominating commission meeting where some members questioned Crist's motives, a Cuban-American attorney from Miami, Frank Jimenez, was added to the list of nominees. That prompted suspicion that Labarga had been shoved aside for the more politically connected Jimenez, a former legal adviser to Gov. Jeb Bush.
After the meeting, a group of 17 high-powered lawyers sent a protest letter accusing the commission members of changing rules and running "afoul of the letter and spirit" of the law.
"As a friend, I am thrilled for him and thrilled for people of the state of Florida," said attorney Doug Duncan, Labarga's former law partner and chairman of Palm Beach County's Judicial Nominating Commission. "He is and will be an outstanding jurist."
Labarga said earlier this month that it's a "fact of life" that there is politics in everything. "But as far as it pertains to me, I haven't seen any politics at the judicial nominating level or at the governor's office," he said.
Labarga emigrated from Cuba with his family in 1963, eventually arriving in Pahokee where his father worked in a sugar mill. The family's first home was a shack that still stands today, he said.
After graduation from Forest Hill High School in 1972, Labarga attended both college and law school at the University of Florida.
As a lawyer and then judge, Labarga has been involved in cases that touch all areas of law. He has practiced as a criminal defense attorney, prosecutor and civil litigator before presiding over civil, criminal and family court cases.
He is probably most widely known for his role in 2000 presidential election, ruling that the constitutional rules did not allow for a re-vote following the butterfly ballot debacle.
Labarga included that ruling in his application for the state's high court, citing it as important opportunity to write about a constitutional issue of first impression.
The other cases cited in his application include tragedy and even danger. Labarga noted a divorce case he presided over where a father set himself on fire after losing custody of his children, but not before trying to hunt down Labarga, his ex-wife and child to take out with him.
"His extreme reaction to my ruling serves as a reminder to me of how judicial rulings directly affect the lives of citizens," Labarga wrote.
Labarga is expected to begin his term Tuesday, replacing Anstead, who is also from Palm Beach County.
"I am grateful to Governor Crist for recognizing the significance of my legal, practical and judicial experience," said Labarga said in a news release today. "It is a great honor to serve the people of Florida in a position that will have lasting impact on our judicial system and on society."
Labarga has said his wife and daughters will stay in Wellington for a while, but he must go on to Tallahassee.
"Do you know anyone who has an apartment to rent?" he said. "After all that, I may end up back in student housing."
Florida Exoneration Reveals a Lack of Prosecutorial Accountability
The Justice Project
Florida Exoneration Reveals a Lack of Prosecutorial Accountability
December 15, 2008
By John F. Terzano
Last week, after spending 28 years in prison for a murder he did not commit William Dillon was finally freed. DNA testing conducted by the Florida Innocence Project convinced prosecutors in Brevard County, Florida not to re-try Dillon for the 1981 murder. A story in the Florida Today newspaper recounted the numerous acts of prosecutorial misconduct in Dillon’s case that led to this miscarriage of justice.
Dillon was convicted based on the testimony of a handful of unreliable witnesses, including a discredited expert, whose testimony was used to convict two other men in Florida - Wilton Dedge and Juan Ramos. Both of their convictions were later overturned. Another questionable tactic that led to Dillon’s wrongful conviction included the use of a witness who slept with an investigator for the State. She later recanted her story but the damage had already been done.
This is not the first time prosecutorial misconduct played a role in a wrongful conviction. Dillon’s case only represents one of what may have become a common occurrence in the Florida State Attorney’s office.
Evidence of pervasive prosecutorial misconduct in Florida is not inconsistent with other national studies on this issue. In 2003, a study conducted by the Center for Public Integrity found that since 1970, at least 2,012 convictions, indictments, or sentences have been reversed due to prosecutorial misconduct. By analyzing the data provided by the Center for Public Integrity, The Justice Project found that in the state of Florida specifically, of the cases that were reviewed by the courts on claims of prosecutorial misconduct, over 44% of those cases were eventually overturned. This rate of misconduct is much greater than any other state reviewed in the study.
Procedural reforms, such as those outlined in The Justice Project’s policy reviews on jailhouse snitch testimony, expanded discovery laws, and the practice and use of forensic science, can curb the ability of prosecutors to utilize unreliable witnesses, withhold important exculpatory evidence, or present faulty forensic evidence. However, without prosecutorial accountability, prosecutorial misconduct can still lead to wrongful convictions. Unfortunately, both national and local studies of prosecutorial misconduct reveal that prosecutors are rarely punished even for the most egregious abuses of power. Within the criminal justice system, there is a dangerous and pervasive lack of prosecutorial accountability. Nowhere is this lack of accountability more clear than in the state of Florida.
As such, I join Florida Today and the Florida Innocence Project in their call for a special investigation into the Florida State Attorney’s office. Abuse of prosecutorial power only facilitates wrongful convictions, subverts justice, and jeopardizes public safety. Investigating the prosecutors who might be responsible for the miscarriages of justice in Florida would be a critical first step in preventing acts of misconduct in the future.
In 2009, the Justice Project will release Prosecutorial Accountability: A Policy Review, which will detail comprehensive recommendations for an effective system of prosecutorial accountability. Only when the most powerful actors in the criminal justice system are held accountable for their actions, and sanctioned for their misconduct, can states be confident in the fairness and reliability of criminal trials.
Wednesday, December 31, 2008
Retiring judge plans to be active
Retiring judge plans to be active
Holcomb, 72, pledges his help
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Judge Charles Holcomb puts on his robe before court. Holcomb is retiring because of a law that says he can't run past the age of 70. (Michael R. Brown, FLORIDA TODAY)
- Michelle Baker
- Robert Burger
- Charlie Roberts
TITUSVILLE -- Most retirees look forward to resting after spending decades at work with few breaks.
But after 18 years on the bench and 20-plus as a private attorney, 72-year-old Titusville Circuit Judge Charles Holcomb says he doesn't intend to slow down at all. He must step down Jan. 6 because of a mandatory law that says judges can't run for election past age 70.
"Some of my friends are surprised when I say I'd rather come to work than play golf," Holcomb said. He's already mapped out a plan to either continue to preside over overflow court cases as a senior judge, act as a civil circuit court mediator, teach college law classes, or all three.
"I wouldn't be happy unless I had something to do, so I plan to stay busy," he said.
Holcomb's retirement is just one part of a major reshuffling of judges come January:
Judges are allowed to swap dockets every two years or so to expand their experience or explore their interests in different types of cases.
Clerk of the Court Scott Ellis said he's confident the new and remaining judges will keep things running smoothly.
But the departure of Holcomb -- whose experience presiding over civil, family and most recently criminal cases has earned him a reputation as "a true workhorse" -- is a great loss to the Brevard County court system, Ellis said.
"Some people treat it as a job, but Judge Holcomb treats being a judge as a duty," said Ellis, who has known Holcomb for more than 10 years and worked closely with him in the past on a committee addressing jail overcrowding issues.
Holcomb "gave the job everything he had to ensure his courtroom ran efficiently and that justice was not delayed for those before him," Ellis said. "His efforts will be sorely missed."
Born in Live Oak, Holcomb spent much of his youth on his family's farm. The 1954 Vero Beach High graduate received a bachelor's degree in English from Stetson University in 1958 and worked as a salesman for several years before enrolling in the University of Florida College of Law. Holcomb graduated in 1966.
Since then, Holcomb has worked throughout the legal field, including as a part-time prosecutor for the city of Rockledge and as an assistant city attorney and the last municipal judge for Cocoa.
Holcomb was elected in 1990 to a newly created circuit seat, and has covered several high-profile cases, including hearings involving child killer Mark Dean Schwab, who died by lethal injection in July for the 1991 kidnapping, rape and murder of 11-year-old Junny Rios-Martinez Jr. of Cocoa. Holcomb was also instrumental in implementing Brevard's current parental visitation guidelines, crafted to help divorcing parents fairly share their time and responsibilities and to foster a friendly environment for the child.
As he leaves the bench, Holcomb said he is grateful to his colleagues and the citizens of Brevard County.
"I just love the law," he said. "I've been very blessed and I appreciate the people of the 18th Circuit for allowing me to be a judge for them. It's the ride of my life."
Contact Summers at 242-3642 or ksummers@floridatoday.com.
Big in Brevard
The Satellite Beach man spent 27 years in prison for a murder he said he did not commit. On Dec. 10, Dillon received a phone call from his attorney letting him know the state was dropping all charges against him.
Dillon benefited from recent DNA testing that excluded him from a key piece of evidence prosecutors insisted was worn by the killer. The case was reminiscent of the Wilton Dedge case. Dedge was released in 2004 after DNA cleared him from a rape conviction that he had served
22 years for.
Public Defender J.R. Russo, as well as attorneys for the Innocence Project of Florida, called for the governor to appoint a special prosecutor to look into possible misconduct by the state attorney's office in Brevard County.
Judge focuses on jail crowding, reforms - Brevard
| December 26, 2008 Judge focuses on jail crowding, reforms BY RICK NEALE FLORIDA TODAY A senior Florida judge soon will meet individually with Brevard County commissioners about chronic jail overcrowding in Sharpes. In July, Charles Edelstein submitted a 115-page report citing criminal-justice changes that may alleviate cramped conditions at the 1,701-bed Brevard County Jail Complex. Inmates filed a federal class-action lawsuit in 1983 -- but overcrowding remains unresolved a quarter-century later. The jail routinely exceeds its inmate capacity: Average monthly population was 1,802 last year, records show. By a 4-1 vote earlier this month, the commission decided to contract with Edelstein for up to $5,000 in jail-crowding consulting services. He will travel to Brevard from his Miami office and brief newly elected commissioners Andy Anderson, Robin Fisher and Trudie Infantini. Edelstein will earn $100 an hour, which includes travel expenses. The contract extends through Jan. 31. Infantini cast the sole no vote. Saying the county shelled out more than $400,000 for outside legal counsel last year, she wanted in-house attorneys to brief her instead. "I don't need the author of any book to tell me what it says in the book. You should be able to read it, and another attorney can communicate that," Infantini said. www.floridatoday. |
Tuesday, December 30, 2008
Recession adds to ex-felons' job-hunt woes
Recession adds to ex-felons' job-hunt woes
Jeff Kunerth
Sentinel Staff Writer
December 30, 2008
It took Vikki Hankins 18 years to get out of prison. It's her bad luck she got out during a recession.
For an ex-felon to find a job these days is tough -- nearly impossible.
"Basically, nobody will hire you," said Stephanie Porta, spokeswoman for Orlando ACORN, a community-based advocacy organization that works with ex-felons looking for employment. "Even people with little felonies are not finding jobs."
Hankins, 40, released eight months ago from a federal prison in Florida, is living in an International Drive motel paid for by Advocate4Justice, a group that promotes prison reform. She has been turned down for jobs at Denny's, McDonald's, Golden Corral, Walmart, Home Depot, Ramada Inn, Hess and 7-Eleven.
Hankins was sentenced to 23 years for possession of 22 grams of cocaine, but the mark of her conviction is something she will carry the rest of her life.
"There are people who paid the penalty for their mistakes. Inside the soul and the heart, they have changed completely. For those people, do you continue to punish them by holding them to the fire for the rest of their lives?" said Hankins, who was convicted under the alias Vanessa Wade.
Resuming their lives
The plight of unemployed ex-felons is the unfinished business of the civil-rights restoration, a process Gov. Charlie Crist approved last year, making it easier for those same people to regain the right to vote, state Rep. Geraldine Thompson of Orlando said.
"It's a major problem at this point. That has been the hardest part of the whole restoration [of rights] project," Thompson said.
Florida, home to more than 600,000 released felons, should follow the lead of other states that offer employers tax incentives to hire them, state Sen. Gary Siplin said. And it needs to revisit a bill that stalled in the Florida Senate to make it easier for released felons to have their criminal records expunged, he said. Such a move would allow them to legally say on an application form that they have not been convicted of a felony.
"A person who hasn't committed a crime in 10 or 15 years, they should be able to resume their lives," Siplin said.
The bill to make it easier for records to be expunged died amid opposition from employers who said they need to know the criminal backgrounds of the people they hire. Others contend that criminal records might continue to exist in various databases, regardless of their official removal.
"Expungement doesn't really accomplish what you think it accomplishes. The arrest will be there although the conviction is expunged," said Michael Seigel, professor of law at the University of Florida. "More than likely, an employer will find out."
'It's like I'm blackballed'
What Vikki Hankins deals with is what Alice Laguerre has been living with for 23 years. Laguerre got out of the Orange County jail for drug possession and aggravated battery the same year Hankins went into federal prison. Laguerre went 12 years without a job before landing a position through a labor pool making $5.50 an hour moving cars at an auto auction.
During her unemployment, she learned how to apply for a job. She doesn't bother filling out an application without first checking for the question: Have you ever been convicted of a felony? Then she asks how far back the employer does criminal-background checks. If it's five years, or seven years, she answers no. That at least gives her a chance of landing a job. Answering yes means certain rejection.
"It's like I'm blackballed from the work force," said Laguerre, 55.
Venues hiring may help
One potential source of jobs for released felons in this economy is the promise of Orlando's Community Venues to hire former convicts for construction work on the Events Center, Dr. Phillips Orlando Performing Arts Center and Florida Citrus Bowl renovation.
So far, that hasn't happened.
Siplin and other black elected officials say they are closely watching the Community Venues projects to ensure that released felons are given the chance to work.
Like many others, Vikki Hankins came out of prison thinking the worst was over. She could start her life again. Little did she know she would end up out of work and living in a motel room slightly larger than her prison cell.
"Right now, I'm on a prayer," she said. "What is going to happen, when it is going to happen, how is it going to happen -- I try not to let that consume me."
Jeff Kunerth can be reached at jkunerth@orlandosentinel.com or 407-420-5392.
Florida's Prison Budget: Imprison With Precision
Published: Tuesday, December 30, 2008 at 12:01 a.m.
This month, Florida's prison population exceeded 100,000 for the first time.
Only California and Texas have more inmates. And Florida Corrections Secretary Walter McNeil says the Department of Corrections may have to putup tents to house all the inmates. McNeil saidat the current growth trend, Florida will need 19 new prisons in the next five years. That will require the DOC budget to nearly double, to about $4 billion.
But that's not what McNeil is recommending. Instead, he wants lawmakers to re-evaluate tough mandatory-sentencing laws and concentrate on reducing high recidivism rate so inmates are less likely to return to prison once released.
The 100,000 mark "is sort of a demarcation point," McNeil said. "For me it's a statement that our prisons are becoming a burden, and the building of prisons is becoming a greater burden on the taxpayers."
One way to reduce recidivism is to ensure that inmates have access to education, vocational, mental health and substance-abuse programs. Unfortunately, when budgets are cut, those are usually the first things to go.REPEAT OFFENDERS"Research data show that correctional education and associated academic achievement providea positive turning point for incarcerated offenders in their postrelease lives," says Tom Blomberg,dean of the Florida State College of Criminology and Criminal Justice. "They are more likely to gain employment and therefore less likely to reoffend."
In Florida, about one in three inmates is back in prison within three years of release. Of the 100,000 current inmates, 46 percent are in for a second time.
Building more prisons will cost Florida taxpayers a one-time investment of $76,923 per prisoner to build new prisons. To that add $20,000 per year to keep each prisoner locked up. And to that add a projected increase of 5,000 prisoners each year through 2014.
In short, Florida needs to stop throwing money at new prisons and become a lot smarter about whom it locks up, what happens to inmates while they are incarcerated and how well prepared they are to re-enter society after their sentences are up.
This story appeared in print on page A8
2008's biggest local stories mixed hopeful news with sad
By Jennifer Portman and Gerald Ensley
DEMOCRAT SENIOR WRITERS
In 2008, they became household names. Rachel. Buster. Fay. Ronshay.
Tallahassee Democrat staffers — with the help of readers — looked back on this year that was marred by tragedies and lifted by personal triumphs. Here is our list of the top 10 local news stories of 2008.
Death of Rachel Hoffman
On May 9 the body of police informant Rachel Hoffman, a 23-year-old FSU graduate, was found in Taylor County. Two days earlier she had been shot to death when a police-led drug bust went bad.
Hoffman's death rocked the community. A grand jury found the Tallahassee Police Department negligent for sending the first-time informant out alone with $13,000 to buy drugs and a gun.
As the department works to rebuild credibility, Hoffman's family attorney stands ready to sue the city, and Andrea Green and Deneilo Bradshaw await trial in connection with her murder.
Hilton's indictment
On Jan. 9 drifter Gary Michael Hilton, 61, was pegged as the prime suspect in Cheryl Dunlap's December 2007 murder. Dunlap, 46, was a nurse and Sunday-school teacher from Wakulla County.
Hilton had been arrested days earlier in DeKalb County, Ga., after he was found cleaning blood out of his van. He later led police to the body of hiker Meredith Emerson, 24, and pleaded guilty to her murder. Quickly sentenced to life without parole, Hilton faces the death penalty in connection with Dunlap's killing.
Deaths of children
The high-profile deaths of four children in a four-month stretch were heartbreaking.
On May 6, third-grader Kyle Jones fell into a pool of water in the sand mine near his home while looking for tadpoles. The mine, at State Road 20 and Maige Road in western Leon County, was operated by Jimmie Crowder Excavating & Land Clearing.
Leon County commissioners have since passed an ordinance requiring sand mines to be fenced and marked with "no trespassing" signs.
On July 11, 4-year-old Grace Chen was sleeping during nap time at The Stepping Stones day care on Weems Road when a bathroom fan caught fire. She was overlooked during the panicky evacuation.
The center is now closed. The complete investigative report by the state Fire Marshal's Office has not yet been released.
On Aug. 23, 12-year-old Thomas McClane Crutchfield drowned after he fell into an overflowing lake dam by his home in Cairo, Ga. He was known as "Mac" to his friends and his Area Tallahassee Aquatic Club teammates.
And on Sept. 5, 8-year-old Ronshay Dugans was killed when a bus carrying 27 kids to a Boys and Girls Club was hit by a concrete truck on Capital Circle Southeast. Twenty kids had minor injuries; six went to the hospital and were later released.
A week later the truck driver, Marchaun Tremayne Andrews, 24, was charged with vehicular manslaughter and multiple counts of reckless driving. He's awaiting trial.
Two plane crashes
At 8:40 p.m. Feb. 8, a single-engine plane crashed at Ocala Road and Tennessee Street. Power went out to 7,200 utility customers, and traffic was massively snarled. Miraculously, pilot Hal McCord Jr. suffered only a broken leg and bruises in the nose-first crash — in part because power lines broke his fall — and no one at the busy corner on that Friday night was hurt.
On Nov. 13 another small plane crashed. This one came down in the Ridge Road neighborhood in southwest Tallahassee, about a mile from the airport. It killed Donald and Victoria Hess of New York, the only two in the plane. Two people on the ground were injured, but not seriously.
FSU role models
Amid all the bad news, FSU student-athletes Buster Posey, Walter Dix and Myron Rolle provided welcome relief. Their accomplishments — in class and in sports — made us all proud.
Posey won the Golden Spikes, Dick Howser Trophy, ACC triple crown and nearly every award there was to win as he took FSU back to the College World Series. He was later drafted by the San Francisco Giants in the first round.
Dix ran his way into the Olympics, becoming the only U.S. male athlete to qualify for two track events, and came home with two bronze medals. He also powered FSU to its third consecutive NCAA track-and-field championship.
And in the fall, FSU football player Rolle became the fourth Rhodes Scholar in FSU history. After receiving the award, he flew to Maryland and helped secure a Seminoles victory.
Tropical Storm Fay
On Aug. 23 Fay finally hit Tallahassee after spending a soaking week in the state, making four separate landfalls. At its worst, it officially dropped 9.33 inches of rain. But in parts of eastern Leon County, Jefferson County and other eastern areas, it dumped 15 to more than 20 inches, causing severe flooding.
Panic at the pump
As Hurricane Ike approached the Galveston-Houston area Sept. 12, gas-buying panic gripped Tallahassee on a Friday afternoon. Fears that the hurricane would limit supplies of gasoline created a rush on service stations throughout the city, causing traffic jams and sucking nearly every pump dry.
Prices peaked at $5.49, hovered around $4 for weeks and finally began to drop as the economy faltered. By Nov. 13, prices dipped below $2. The downward slide continues.
Signs of hope at FAMU
Florida A&M University, beleaguered by financial problems in 2007 and earlier, learned June 26 that its accreditation was to be restored by the Southern Association of Colleges and Schools.
Also this year, a task force created by the Legislature to help the school with its bookkeeping issues also declared FAMU had addressed the majority of its financial problems and had proper procedures and controls in place.
FAMU's pharmacy department also got its accreditation restored through 2010. Its law school, however, was slammed by the American Bar Association. The school must make major improvements by next year to keep its accreditation.
Red Hills tragedy
On March 15 longtime competitor Darren Chiacchia suffered serious head and internal injuries in a fall during Red Hills Horse Trials cross-country competition. His horse was OK, but two other horses died during the same competition — the second and third horses ever to die during the event.
By fall, Chiacchia had defied the odds. He had overcome his injuries and was back in the saddle.
First Film Festival
Over three days in May, the first Tallahassee Film Festival screened more than 65 movies for free. The event, which exceeded all expectations, promises to be even bigger in 2009.
Lee family still awaiting answers
Editor's note: As 2008 draws to a close, the Sun is recapping the top stories of the year.
Someday, Nathan Lee will have to explain all of this to his sons.
He dreads that day, when the two boys will be old enough to understand why their mother never returned that January afternoon. She was taken, as Adam and Noah cried in their crib.
The man would rape and murder Denise Amber Lee, a 21-year-old angel in the eyes of her children.
Authorities tried to save her, but they seemed to be a step behind.
Nathan has spent many nights awake, wondering how he will recount the details when he still has questions.
And those answers haven't been forthcoming.
Lee plans on suing the Charlotte County Sheriff's Office concerning the handling of a 911 call by one of the last witnesses to see Denise alive, and the subsequent internal investigation by the department.
"I'm angry at the way the Sheriff's Office wants to shrug it off like it's no big deal," he said. "That bothers me."
The past year has been surreal to the 24-year-old North Port father, whose life forever changed Jan. 17.
Lee returned home at 3:30 p.m. that day to find the windows shut.
Something wasn't right, as he had spoken to Denise earlier about opening up the house to save on electric costs.
She did, but now the home was sealed and humid.
Lee could hear his sons -- then 2 and 7 months -- in the bedroom. Noah's voice was hoarse.
Denise was gone, but her purse, keys and cell phone were left behind. Lee called 911.
At 4:59 p.m., the first BOLO was issued by the North Port Police Department.
It named Denise, and gave a physical description of the possible suspect. It also mentioned the dark green Chevrolet Camaro, last seen in Lee's driveway that afternoon.
By then, the Charlotte County Sheriff's Office had sent its teletype operator home to avoid overtime, a common practice for the agency.
A dispatcher later told investigators she checked the computer frequently for alerts, although details about the car weren't aired until later.
During the ordeal, Denise secretly used the suspect's cell phone to contact the Sarasota County 911 call center.
Her conversation with authorities lasted roughly seven minutes, as she relayed information while pretending to be talking to her captor.
Soon after, Jane Kowalski stopped on Tamiami Trail at the Cranberry Boulevard intersection.
A dark Camaro pulled up alongside her vehicle, its passenger side window partially down.
Kowalski saw a hand slapping the glass, trying to get out. Her 911 call was routed to the Charlotte County, since she had crossed county lines.
She stayed on the phone nearly 10 minutes with dispatchers, describing the situation, which to her, appeared to be a kid screaming in a "blue" Camaro.
Kowalski slowed her vehicle, but the suspect, sensing her suspicion, wouldn't pass.
At the last minute, the man turned onto Toledo Blade Boulevard. Kowalski parked at the Port Charlotte Town Center to await a follow-up interview.
No one ever came.
The Sheriff's Office didn't broadcast any of Kowalski's information, which was handwritten on a piece of paper and shouted across the room by the dispatcher.
Michael King was apprehended shortly after 9 p.m. by the Florida Highway Patrol. He was soaked from the waist down. Denise's ring was in the backseat of his Camaro.
Her body was found two days later, buried off Toledo Blade, near Interstate 75.
King, 37, faces kidnapping, rape and capital murder charges. The state is seeking the death penalty.
The case has made national news, in part, due to the controversy surrounding the missed opportunities by authorities.
Lee is convinced Denise would still be alive if key information had been passed along to deputies saturating the area.
The department's response has only made matters worse for the grieving husband.
Two dispatchers were suspended without pay by the Charlotte County Sheriff's Office over the handling of Kowalski's call.
Elizabeth Martinez used vacation time to cover her 36-hour required leave, while Susan Kallestad was suspended 60 hours. Both women had to complete 12 hours of remedial training.
Since the incident, Sheriff John Davenport said the department has taken steps to help with future situations.
Dispatch supervisors will no longer carry a Nextel phone, as it added to the confusion that night with people not calling the recorded line. Information has to be entered into the computer, not yelled across the room.
"This was human error," Davenport said.
Lee has taken his frustration to a higher level.
Earlier this year, lawmakers passed the Denise Amber Lee Act, which establishes voluntary training standards for dispatchers statewide. Lee hopes to pass a similar act in his home state of Maryland.
But he's not finished.
Family members established the Denise Amber Lee Foundation to create awareness about 911 issues, and improve training.
To date, the fund has generated about $30,000. The goal is to have a training center locally, and help the families of murder victims.
"(The foundation) is my medicine," Lee said. "I'm really doing my best to turn a negative into a positive."
One of those positives is the relationship Lee shares with his boys.
The three have formed a bond unlike before, where even the little things are cherished.
Right now, the kids don't fully understand the concept of life and death. One day, they will ask about Jan. 17, 2008.
"It will probably be the second worst day of my life," Lee said.
E-mail: jwitz@sun-herald.com
By JASON WITZ
Staff Writer
Someday, Nathan Lee will have to explain all of this to his sons.
He dreads that day, when the two boys will be old enough to understand why their mother never returned that January afternoon. She was taken, as Adam and Noah cried in their crib.
The man would rape and murder Denise Amber Lee, a 21-year-old angel in the eyes of her children.
Authorities tried to save her, but they seemed to be a step behind.
Nathan has spent many nights awake, wondering how he will recount the details when he still has questions.
And those answers haven't been forthcoming.
Lee plans on suing the Charlotte County Sheriff's Office concerning the handling of a 911 call by one of the last witnesses to see Denise alive, and the subsequent internal investigation by the department.
"I'm angry at the way the Sheriff's Office wants to shrug it off like it's no big deal," he said. "That bothers me."
The past year has been surreal to the 24-year-old North Port father, whose life forever changed Jan. 17.
Lee returned home at 3:30 p.m. that day to find the windows shut.
Something wasn't right, as he had spoken to Denise earlier about opening up the house to save on electric costs.
She did, but now the home was sealed and humid.
Lee could hear his sons -- then 2 and 7 months -- in the bedroom. Noah's voice was hoarse.
Denise was gone, but her purse, keys and cell phone were left behind. Lee called 911.
At 4:59 p.m., the first BOLO was issued by the North Port Police Department.
It named Denise, and gave a physical description of the possible suspect. It also mentioned the dark green Chevrolet Camaro, last seen in Lee's driveway that afternoon.
By then, the Charlotte County Sheriff's Office had sent its teletype operator home to avoid overtime, a common practice for the agency.
A dispatcher later told investigators she checked the computer frequently for alerts, although details about the car weren't aired until later.
During the ordeal, Denise secretly used the suspect's cell phone to contact the Sarasota County 911 call center.
Her conversation with authorities lasted roughly seven minutes, as she relayed information while pretending to be talking to her captor.
Soon after, Jane Kowalski stopped on Tamiami Trail at the Cranberry Boulevard intersection.
A dark Camaro pulled up alongside her vehicle, its passenger side window partially down.
Kowalski saw a hand slapping the glass, trying to get out. Her 911 call was routed to the Charlotte County, since she had crossed county lines.
She stayed on the phone nearly 10 minutes with dispatchers, describing the situation, which to her, appeared to be a kid screaming in a "blue" Camaro.
Kowalski slowed her vehicle, but the suspect, sensing her suspicion, wouldn't pass.
At the last minute, the man turned onto Toledo Blade Boulevard. Kowalski parked at the Port Charlotte Town Center to await a follow-up interview.
No one ever came.
The Sheriff's Office didn't broadcast any of Kowalski's information, which was handwritten on a piece of paper and shouted across the room by the dispatcher.
Michael King was apprehended shortly after 9 p.m. by the Florida Highway Patrol. He was soaked from the waist down. Denise's ring was in the backseat of his Camaro.
Her body was found two days later, buried off Toledo Blade, near Interstate 75.
King, 37, faces kidnapping, rape and capital murder charges. The state is seeking the death penalty.
The case has made national news, in part, due to the controversy surrounding the missed opportunities by authorities.
Lee is convinced Denise would still be alive if key information had been passed along to deputies saturating the area.
The department's response has only made matters worse for the grieving husband.
Two dispatchers were suspended without pay by the Charlotte County Sheriff's Office over the handling of Kowalski's call.
Elizabeth Martinez used vacation time to cover her 36-hour required leave, while Susan Kallestad was suspended 60 hours. Both women had to complete 12 hours of remedial training.
Since the incident, Sheriff John Davenport said the department has taken steps to help with future situations.
Dispatch supervisors will no longer carry a Nextel phone, as it added to the confusion that night with people not calling the recorded line. Information has to be entered into the computer, not yelled across the room.
"This was human error," Davenport said.
Lee has taken his frustration to a higher level.
Earlier this year, lawmakers passed the Denise Amber Lee Act, which establishes voluntary training standards for dispatchers statewide. Lee hopes to pass a similar act in his home state of Maryland.
But he's not finished.
Family members established the Denise Amber Lee Foundation to create awareness about 911 issues, and improve training.
To date, the fund has generated about $30,000. The goal is to have a training center locally, and help the families of murder victims.
"(The foundation) is my medicine," Lee said. "I'm really doing my best to turn a negative into a positive."
One of those positives is the relationship Lee shares with his boys.
The three have formed a bond unlike before, where even the little things are cherished.
Right now, the kids don't fully understand the concept of life and death. One day, they will ask about Jan. 17, 2008.
"It will probably be the second worst day of my life," Lee said.
E-mail: jwitz@sun-herald.com
By JASON WITZ
Staff Writer
Supreme Court overturns death penalty case
December 30, 2008
Supreme Court overturns death penalty case
The Florida Supreme Court made an unusual decision on Monday and agreed to overturn the death sentence of Willie H. Nowell who was convicted for first-degree murder. They remanded the case back to the trial court with new directions for a new trial.
The Florida high court rarely overturns death penalty cases. In this Brevard County case, judges agreed that the trial court judge made a mistake by not not ruling that the prosecutor had made improper comments during his closing arguments in the trial's penalty phase, by arguing that Nowell didn't deserve "mercy." They also ruled that the prosecution made the mistake of trying to rule out a juror based on his race, Hispanic. Check it out here.
Opinion in Jimmy Ates filed September 15, 2004
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
FIRST DISTRICT, STATE OF FLORIDA
JIMMY L. ATES,
Appellant,
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
v. CASE NO. 1D03-3613
STATE OF FLORIDA,
Appellee.
_____________________________/
_____________________________/
Opinion filed September 15, 2004.
An appeal from the Circuit Court for Okaloosa County.
Thomas T. Remington, Judge.
Thomas T. Remington, Judge.
Robert Augustus Harper and Michael Robert Ufferman of Robert Augustus Harper
Law Firm, P.A., Tallahassee, for Appellant.
Law Firm, P.A., Tallahassee, for Appellant.
Charles J. Crist, Jr., Attorney General; Robert R. Wheeler, Bureau Chief - Criminal
Appeals; and Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for
Appellee.
Appeals; and Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for
Appellee.
PER CURIAM.
AFFIRMED. See Lawrence v. State, 831 So. 2d 121 (Fla. 2002).
ERVIN, ALLEN and HAWKES, JJ., CONCUR.
ERVIN, ALLEN and HAWKES, JJ., CONCUR.
Docket - Case Number: 1D03-3613 - Jimmy Ates
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| Date Docketed | Description | Date Due | Filed By | Notes |
|---|---|---|---|---|
| 08/25/2003 | Notice of Appeal Filed | Robert A. Harper, Jr. 0127600 | ||
| 08/25/2003 | Received Records | 14 vol in box in vault | ||
| 08/27/2003 | Notice of Appeal / Acknowledgement letter | |||
| 09/08/2003 | Docketing Statement | AA Robert A. Harper 0127600 | ||
| 09/22/2003 | Mot. for Extension of time to file Initial Brief | Robert A. Harper, Jr. 0127600 | ||
| 09/24/2003 | Grant Initial Brief Extension-1A | 10/24/2003 | ||
| 10/24/2003 | Motion For Oral Argument | Robert A. Harper, Jr. 0127600 | ||
| 10/24/2003 | Initial Brief on Merits | Robert A. Harper, Jr. 0127600 | disc | |
| 11/18/2003 | Mot. for Extension of time to file Answer Brief | Elizabeth Fletcher Duffy, A.A.G. 0980404 | ||
| 12/01/2003 | Grant Answer Brief Extension-3A | 01/06/2004 | ||
| 01/06/2004 | Mot. for Extension of time to file Answer Brief | Robert R. Wheeler, A.A.G. 0796409 | ||
| 01/22/2004 | Grant Answer Brief Extension-3A | 02/06/2004 | ||
| 02/05/2004 | Appellee's Answer Brief | Elizabeth Fletcher Duffy, A.A.G. 0980404 | disk | |
| 02/26/2004 | Appellant's Reply Brief | Robert A. Harper, Jr. 0127600 | ||
| 04/20/2004 | OA Denied-81 | |||
| 09/15/2004 | Affirmed - Citation | |||
| 09/30/2004 | Motion For Rehearing | Michael Robert Ufferman 114227 | ||
| 10/21/2004 | Deny Appellant's Motion for Rehearing-56A | |||
| 11/08/2004 | Circuit Court Mandate | |||
| 11/08/2004 | Court / Agency Mandate Cover Letter | |||
| 11/08/2004 | West Publishing | |||
| 11/08/2004 | Case Closed | |||
| 12/09/2004 | Returned Records | 14 vol by dhl | ||
| 12/09/2004 | Case Permanent |
Docket Jimmy Ates
|
| |
| Date Docketed | Description | Date Due | Filed By | Notes |
|---|---|---|---|---|
| 02/24/1999 | Notice of Appeal Filed | Drew Shelton Pinkerton 0264921 | ||
| 02/25/1999 | Case Filing Fee | Smith Grimsley Bauman Pinkerton Petermann & Wells | ||
| 03/04/1999 | Docketing Statement Appellant | AA Drew Shelton Pinkerton 0264921 | ||
| 03/29/1999 | Mot for Extension of Time to File Ct. Rpter Note | Joanna Amunds | ||
| 03/29/1999 | Mot for Extension of Time to File Ct. Rpter Note | Cliff Godwin | ||
| 03/29/1999 | Mot for Extension of Time to File Ct. Rpter Note | Dorothy Craft | ||
| 03/29/1999 | Mot for Extension of Time to File Ct. Rpter Note | Carol Hearne | ||
| 04/15/1999 | Grant Ct Rptr Ext Transcript-No fur EOT-26D | 06/15/1999 | mot filed by Joanna Amunds | |
| 04/15/1999 | Grant Ct Rptr Ext Transcript-No fur EOT-26D | 06/15/1999 | mot filed by Cliff Godwin | |
| 04/15/1999 | Grant Ct Rptr Ext Transcript-No fur EOT-26D | 06/15/1999 | mot filed by Dorothy Craft | |
| 04/15/1999 | Grant Ct Rptr Ext Transcript-No fur EOT-26D | 06/15/1999 | mot filed by Carol Hearne | |
| 06/23/1999 | Motion For Substitution of Counsel | filed by Leo Thomas | ||
| 07/01/1999 | Received Records | 20 volumes in 2 boxes vault | ||
| 07/01/1999 | Index | in box w/rec | ||
| 07/01/1999 | Received Exhibits | 1 brn env *SEALED* Vault | ||
| 07/08/1999 | Grant Substitution of Counsel-31A | sub of Thomas for Pinkerton/Dewrell for AA. | ||
| 07/19/1999 | Mot. for Extension of time to file Initial Brief | Leo A. Thomas 0149502 | ||
| 08/03/1999 | Supplemental Records | 1 volume | ||
| 08/05/1999 | Grant Init Brf Ext-No Fur EOT Unless Emerg-1B | 10/25/1999 | ||
| 10/15/1999 | Initial Brief on Merits | Leo A. Thomas 0149502 | ||
| 11/08/1999 | Mot. for Extension of time to file Answer Brief | Charmaine M. Millsaps 0989134 | ||
| 11/15/1999 | Grant Answer Brief Extension-3A | 12/17/1999 | ||
| 12/17/1999 | Mot. for Extension of time to file Answer Brief | James W. Rogers, A.A.G. 0325791 | ||
| 12/29/1999 | Grant Answer Brief Extension-3A | 01/14/2000 | ||
| 01/14/2000 | Mot. for Extension of time to file Answer Brief | Charmaine M. Millsaps 0989134 | ||
| 01/24/2000 | Grant Ans Brf Ext/No Fur EOT unless Emerg-3B | 01/31/2000 | ||
| 02/01/2000 | Mot. for Extension of time to file Answer Brief | Charmaine M. Millsaps 0989134 | ||
| 02/07/2000 | Grant Ans Brf Ext/No Fur EOT unless Emerg-3B | 02/07/2000 | ||
| 03/27/2000 | Assigned Without Answer Brief-166 | |||
| 05/30/2000 | Appellee's Answer Brief | Charmaine M. Millsaps 0989134 | disc | |
| 06/05/2000 | Motion To Strike | Leo A. Thomas 0149502 | ans brf of aplee | |
| 06/06/2000 | Motion To File Enlarged Brief | Charmaine M. Millsaps 0989134 | ||
| 06/06/2000 | RESPONSE | Charmaine M. Millsaps 0989134 | to mo strike | |
| 06/06/2000 | Miscellaneous Motion | Charmaine M. Millsaps 0989134 | Mo to accept belated brf | |
| 06/13/2000 | Deny Motion to Strike-13A | Mot to strike AE brf is denied. Mot to accept enlarged and belated brf is granted. | ||
| 06/13/2000 | Grant Expanded Answer Brief-Accept Att Brf-18A | |||
| 06/13/2000 | Grant Motion to Accept Answer Brf as Timely-3G | |||
| 06/19/2000 | Motion For Oral Argument | Leo A. Thomas 0149502 | ||
| 06/30/2000 | Motion To File Enlarged Brief | Leo A. Thomas 0149502 | reply brfs | |
| 06/30/2000 | Appellant's Reply Brief | Leo A. Thomas 0149502 | ||
| 07/05/2000 | OA Denied-81 | |||
| 07/07/2000 | Grant Expanded Reply Brief-Accept Att Brief-20A | |||
| 07/31/2000 | Affirmed - Per Curiam Affirmed | |||
| 08/15/2000 | Court / Agency Mandate Cover Letter | |||
| 08/16/2000 | Circuit Court Mandate | |||
| 08/16/2000 | Case Closed | |||
| 08/16/2000 | West Publishing | |||
| 10/05/2000 | Returned Records | 20 VOL BY UPS | ||
| 10/05/2000 | Returned Records | 1 SUPP BY UPS | ||
| 10/05/2000 | Returned Exhibits | 1 ENV BY UPS | ||
| 10/05/2000 | Case Permanent | |||
| 07/26/2006 | Case Destroyed |
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