South Florida Criminal Attorneys Blog

Federal Judge dismisses partial allegations against four Sheriff’s Detectives

March 19, 2013 | Michael B. Cohen, P.A.

A civil suit filed on behalf of Anthony Caravella, now 44 was thrown out by U.S. District Judge James Cohn against the city of Miramar and the Broward Sheriff’s Office, leaving four former Broward County sheriff’s department detectives as the sole residual defendants. He also discharged an allegation that the accused four officers conspired against the mentally challenged minor.

However, allegations still stand that the detectives conspired to coerce a confession from Caravella who was subsequently convicted and jailed for the rape/murder of Ada Cox Jankowski in November 1983.

Caravella was arrested for failing to appear in juvenile court on a grand theft charge in December 1983. During his time in custody, he was interrogated by police in reference to Jankowski’s murder. Caravella, who was tested to demonstrate that he maintained an IQ of 67, eventually provided four separate statements that were recorded by police. None of them apparently contained the same facts but they did lead to implicating him in the murder.
The statements were so dissimilar, that they conflicted with the evidence and in some cases contradicted themselves. At first, Caravella told police that the crime was perpetrated by three other youths. He then changed his story completely admitting that he had committed the crime, hitting the victim over the head with a soda bottle and killing her. In truth, she had been raped, stabbed and strangled. He made reference to the victim as being a “girl,” despite her age being much older than him, and also said that she was taller than he was when she was actually approximately eight inches shorter. He went on to say that the victim’s pants were wholly off, when they were only partially pulled off. He further went on to say that the victim’s shoes had both been removed, when one of them was still on one of her feet.

Caravella was convicted by a jury, after he turned 16, on August 3, 1984, almost exclusively on the foundation of his declarations to the police. There was never any physical evidence linked to him found at the crime scene. His attorneys argued that he was pressured into giving fabricated admissions by making him believe that he could get another female teenaged friend, Dawn Simone Herron, out of trouble if he voiced to them what they sought to know about the murder of Jankowski. His attorneys also implied that he had been threatened and even beaten by police up until the time he confessed to the crime. At the conclusion of the trial, Caravella was sentenced to life in prison.

Seventeen years later, in May 2001, Caravella’s attorneys’ swayed Broward County prosecutors to agree to again test the physical evidence recovered from the crime., These items included numerous hairs found on the victim’s body, a steak knife, T-shirt, as well as a vaginal swab that was taken. In November, the authorities conveyed that tests were inconclusive on the fingernail scrapings as well as the results of the rape kit. There wasn’t any sperm found according to Broward County lab analysts.

Despite the inconclusive results of the Broward County lab analysis, the evidence was later sent to Dr. Edward Blake, a DNA expert in California, who was able to isolate sperm and in September 2009, authorities said that Caravella was eliminated as the source of sperm found in the victim’s body.

In a separate finding, in 2002, during the prosecutor’s review of the evidence, they stumbled upon a recording of a telephone conversation made to a detective in the case from one of Caravella’s friends. The content of the tape revealed that the friend said that he took part in the crime along with Caravella. At that time, the friend was grilled further but denied any involvement. Defense attorneys argued that the tape, which was of great importance, was never turned over to the defense preceding Caravella’s trial.
Caravella was finally released from prison after being excluded by DNA evidence as the source of any physical confirmation in the case. The Broward Circuit judge who presided over the case apologized to him in open court on behalf of the state of Florida.

Recently, all the attorneys involved in the civil action declined to remark on the judge’s ruling due to the fact that the trial is still going on. The judge established that the agencies involved in the case had not been notified that there were ever any problems with any of the officers’ conduct before or during the case.

At last week’s hearing, attorneys representing the detectives played the four audio-taped statements for the jury before bringing forth an expert witness who expressed to the jurors that in his opinion, the officers handled the entire murder investigation “in a very professional way”. He also went on to testify that the handling of the questioning “followed the traditional guidelines of 1983.”

Joseph Matthews is a former homicide investigator for the city of Miami Beach and now, a police instructor. He has also been a frequent commentator on FOX News and has worked as a cold case homicide investigator for the popular television show “America’s Most Wanted.”

Matthews testified that he saw no problems with the questioning of Caravella by police, or the way other suspects in the homicide investigation were examined.

“He was a normal, well-spoken 15-year-old,” Matthews said, referring to Caravella, and also stated that the police would have had no reason to believe that Caravella had a below average IQ, and could be considered mentally challenged.

When asked to explain what he meant by his statement by Caravella’s attorney, he said that Caravella was more articulate than most people who commit crimes and suggested that the majority of inmates currently in the Broward County Jail have an IQ below seventy.

When Caravella’s lawyer went on to ask him for the basis for his opinion, he replied: “I was basing my opinion on my opinion, not that I did an IQ test or anything” on the inmates in jail. He further commented in reference to the questioning that it was done “in a very professional manner” and that officers “selected the right technique” to question him. He said that he saw “no improper or inappropriate questions” used on Caravella, and any so called leading questions were appropriate. Officers had the right to speak to Caravella without reading him his rights when they were under the impression that he might have witnessed the slaying instead of being involved in the murder.

Detectives also had the right to question him without having a parent present, Matthews said, specifying that Caravella’s mother was present for three of the four taped statements. She also testified that her son had also confessed to her the details of the murder. Matthews went on to say that the detectives went “out of their way” to respect Caravella’s rights and “above and beyond” in reading him his Miranda rights.

Addressing the jury Matthews said he thought Caravella’s statements, which included a lot of incorrect information and many erroneous details were credible. He also stalwartly suggested that Caravella committed the murder.

Closing arguments in the case are slated to begin after a DNA expert, called by retired Sheriff’s Major Tony Fantigrassi, finishes his testimony. The expert previously advised that the testing on the old DNA evidence was not reliable.

Caravella’s attorney is expected to ask jurors to find that the retired Sheriff’s Major and retired Miramar detectives George Pierson, William Mantesta and Bill Guess coerced her client into falsely confessing to the 1983 murder.

She is also expected to ask the jury for compensation and punitive damages against all four officers. No monetary settlement has been mentioned thus far. Caravella’s lawyer also made what has been taken as a tactical decision dropping assertions of intentional infliction of emotional distress which was a part of the original lawsuit.

Miami Man Sentenced on Firearms and Bank Robbery Charges

March 8, 2013 | Michael B. Cohen, P.A.

On May 1, 2010, a black male, dressed in royal blue surgical scrubs, and wearing a dark masklike nylon covering his face, entered the Bank of America located at 7215 W. Atlantic Boulevard in Delray Beach, Florida. Wielding a dark colored handgun he forced customers at gunpoint to lie on the floor and herded bank employees to the vault area where he made the bank manager open vault drawers. He also grabbed cash from numerous tellers’ drawers and then removed the dye packs before leaving the bank. Once calculated, the amount of the money stolen turned out to be in excess of $30,000 in cash.

Delray Beach Police were called and given the description of the suspect but were unable to find anyone in the vicinity who matched the appearance.

As their investigation continued, just three weeks later on Monday, May 21, 2010 at approximately 9:30 a.m., an individual who appeared to be the same man entered a Plantation BB&T bank branch located at 450 Pine Island Road. Demonstrating a similar method, he forced a customer of the bank down to the floor and covered his face with a black beanie. He then pointed his gun at a bank teller and ordered her to open the entrance to the tellers’ area. After gaining access, he filled a cloth sack with nearly $14,000 in cash and subsequently fled the bank.

This time he didn’t get far.

Plantation Police captured Bryan Whitehead, 32, of Miami, in a nearby gas station parking lot. Searching the suspect’s vehicle, the police found the firearm used during the commission of the robbery as well as the suspect’s disguise, and a police scanner. The stolen money from the most recent robbery was also recovered.

According to Sargent Al Butler, of the Plantation police department “One of our sergeants shut off the exit to the gas station and was checking each car individually when he came into contact with the person that fit the description. “One thing led to another and he ended up being positively identified by the bank personnel and the witness.”

After the conclusion of Whitehead’s trial he was recently sentenced before U.S. District Judge William J. Zloch for bank robbery, in violation of Title 18, United States Code, Section 2113(a), and the use of a firearm during and in relation to a crime of violence, in violation of Title 18, United States Code: section 924(c). Zloch sentenced Whitehead to 471 months in prison (over 39 years) to be followed by five years of supervised release after his term of imprisonment is concluded.

In a FBI press release the terms of Whitehead’s sentencing was announced in conjunction by Wifredo A. Ferrer, United States Attorney for the Southern District of Florida; Michael B. Steinbach, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; W. Howard Harrison, Chief, Plantation Police Department; and Anthony Strianese, Chief, Delray Beach Police Department.

The press release can be read in full on the FBI’s Website by clicking here

Department of Justice (1349 Bank Robbery – General Overview): Click Here

Mistrial Denied for New Trial in 25 Year Old Murder Case of Police Officer

February 26, 2013 | Michael B. Cohen, P.A.

The Prosecution began to get their case prepared against Dennis Escobar, the strength of it being his confession to Miami homicide detectives from a California jail hospital bed, where he was wounded after a clash there with California highway patrol troopers.

Escobar got an unanticipated reprieve from the death penalty for the second time in 18 years in his first-degree murder case where he killed Miami police officer Victor Estefan in 1988. His brother, Douglas Escobar, 53, who was already wanted on robbery charges at the time, was the driver of a stolen car that he was driving, who allegedly told his brother to shoot the officer and was his codefendant in the original case.

Although jurors convicted the Escolars’ in 1991, the Florida Supreme Court threw out the convictions in 1997, stating that the original trial judge should have permitted the two brothers to be tried in separate court cases.

The original incident transpired when Victor Estefan, a Miami police officer was finishing a conversation in Little Havana after a traffic stop with a tow truck driver. Another vehicle without its headlights on drove past the two, catching Estefan’s attention.
The officer then left the scene, jumping into his police cruiser and following what he deemed to be a suspicious vehicle. It wasn’t long after those gunshots penetrated the night.

Dennis Escobar’s most recent reprieve arose when an unlabeled audiotape was found on February 17 by a retired City of Miami homicide detective who was preparing to testify in the case. As reported by the Miami Herald, the now retired officer was going through an evidence box where he found the tape that apparently exhibited that Escobar had asked for a lawyer in Spanish, before allegedly confessing as he was being interrogated nearly 20 years ago.

The Herald described the tape as a bombshell since it seemingly contradicts earlier testimony that Escobar voluntarily spoke with the detective without a lawyer. The tape was recently turned over to the defense. In lieu of this new evidence, the prosecution offered both brothers plea deals in exchange for pleading guilty which would have a term of 55-years in prison but with a minimum penalty of 18 years for each of them. Both brothers were facing potential death sentences if either was convicted of the capital murder.

On Wednesday both the prosecution and defense had agreed to request a mistrial in the case against Dennis Escobar, but Judge Leon Firtel made the decision not to grant it. He was quoted as saying “I don’t want to deny the defendant his rights but this judge has an obligation to the State of Florida to get this case to trial after 15 years.”

It was at that time that Douglas Escobar recoiled when it came time to agree to the deal due to the judges ruling. “I didn’t shoot no one,” he told the Miami-Dade Circuit Judge. “I don’t want to plead guilty.”
After the outburst, the judge reset the continuance of the hearing for Monday, telling the defendant’s lawyers to speak further with their clients about the deal over the weekend.

When the case resumed on Monday, it was a different atmosphere, as Douglas Escobar settled on the plea deal. Two court-appointed mental health experts granted that he was competent to stand trial, as written in a later Miami Herald article. Conversely, with the weekend to weigh his options, Dennis Escobar said he wishes to face a trial. He is again facing the death penalty if convicted.

Robbery Perpetrator Kills Accomplice, Faces Murder Charge

February 20, 2013 | Michael B. Cohen, P.A.

As she arrived at her home, Megan McGlynn was just getting her one and five year old children, out of her van when shots rang out. Manatee County sheriff’s deputy Aaron Bradley aimed and fired at a vehicle that was heading directly toward him and another deputy. McGlynn quickly protected her kids by shielding them from the gunfire while she hurried to unlock her front door. She then herded her kids into the bathroom and placed them in the bathtub, keeping them away from the windows. While they were safely inside, a bullet hit Joanna Mojica, the driver of the suspect vehicle, in the head. McGlynn said that she thought the man that was eventually arrested was the driver of the car because she noticed him running to the passenger side screaming.

As it turned out, Jesse Flores, 27 was the passenger of the vehicle who she saw running yelling, “my girl, my girl, she’s dead” as she slumped over to the passenger side of the car. He was crying and cursing at the cops, as he asked why they shot her, according to McGlynn.

McGlynn was also quoted as saying “It was just like a movie, I thought it was a drive-by or a robbery. I had no idea the cops were the ones shooting.

The events unfolded around 10:20 p.m. when the deputies responded to a 911 call made by the building’s landlord who was alerted by one of McGlynn’s neighbors who told the landlord that he heard a crashing noise at the premises located in the 900 block of 66th Avenue West, in Manatee, as reported by Dave Bristow, a spokesman for the sheriff’s office.

The bullet struck the actual driver of the car, Joanna Mojica, in the head. According to a probable cause affidavit to back Flores’ arrest, he spotted the deputies heading toward them and jumped into the car yelling at Mojica to “Go, go, go!”
The officers who were on foot ordered Mojica to stop but instead she accelerated, and continued driving right at them. In what he felt was self-defense, Deputy Bradley fired his weapon at the vehicle five times, according to Dave Bristow, the sheriff’s office spokesman. McGlynn, however, said she recalled hearing at least 20 shots. Bristow said that the quantity of shots fired would be determined after officials process the car. The car crashed into a mailbox and finally came to rest in front of McGlynn’s house.

After the smoke cleared and the scene was secured, Mojica was taken to Blake Medical Center where she was pronounced dead upon arrival.

Flores was arrested at the scene and is now being held at the Manatee County jail without bond. There are multiple charges filed against him, including murder; since under Florida law an accomplice can be charged with murder if anyone dies during the commission of many crimes including burglary. He is also charged with two counts of attempted murder of law enforcement officers; and one count of burglary. In April he was sentenced to a term of two years’ probation stemming from a drug possession conviction.

The actual victim of the crime, who has decided not to be identified, told police that the robbers broke into her home through a window around the back. She said they took two of her televisions, as well as an Xbox console and some games that are played on the console.

The victim, upon arrival said there were sheriff’s vehicles all over the entire street near her house.

“I asked the newsman what was going on and he said a lady was shot in the head. A lady had no business inside my home so I knew nothing had happened to my house,” she said.

But she did say that when she walked toward her home, detectives requested to speak with her.

Spokesman Bristow said that there was a television seen protruding out of the suspect vehicle’s trunk. He went on to comment that when a search warrant is issued for the vehicle, it’s possible that more items may be recovered.

Deputy Bradley, a seven year veteran of the sheriff’s office, is now on administrative leave awaiting results of the investigation. An initial evaluation has shown that the shooting was in agreement with state law and the policies of the sheriff’s office.

Married Couple Charged in Charity Fraud Aimed at Senior Citizens

February 13, 2013 | Michael B. Cohen, P.A.

A married couple charged with swindling seniors mainly in Florida, Colorado and Texas, as well as more than 30 other states across the country were among some of the recent enforcement actions taken by the Security & Exchange Commission (SEC). The victims were told they were investing in a charitable organization based in Tallahassee, Florida by purchasing charitable gift annuities (CGAs).

Richard K. Olive and Susan L. Olive who are both in their forties were apparently principals of the organization named We The People Inc. that implemented the transactions. The Olives originally stated that they were hired by the company. Looking into the matter, the SEC determined that the CGAs issued by We the People were different in numerous aspects from CGAs issued legitimately. The Olives purportedly collected over $75 million from more than 400 naïve and elderly investors. Research revealed that the company was organized as a nonprofit and run from the Olives’ home at 1308 Buckingham Circle in Franklin Tennessee.

A CGA, (Charitable Gift Annuity) is a gift vehicle that falls under the category of Planned Giving. It encompasses a contract concerning a donor and a charity, where the donor hands over cash and/or property to the charity in exchange for a limited tax deduction and a lifetime sum of annual revenue from the charity. In the occurrence of the donor’s death, the charity keeps the remaining equity and all accrued interest of the original gift.

According to the SEC’s complaint against the couple filed in U.S. District Court for the Southern District of Florida, it is charged that the CGAs were issued primarily to benefit the Olives as well as additional third-party organizers and consultants, not the senior investors. Only a slight amount of the money that was raised was essentially guided to any charitable organizations. In the meantime, the Olives received in excess of $1.1 million in commissions and salary. They also tapped investor funds for their own usage. The couple has now been charged by the SEC with defrauding the seniors and dramatically overstating the amounts of the contributions.

The sentencing of an insider trading informant who succeeded in avoiding incarceration for his cooperation assisted in the SEC investigation.

We The People claimed that from June 2008 to April 2012 its operations were as a nonprofit organization however it was found that their CGAs were far from legitimate.

One example of public reports showed that it donated $21.8 million for the assistance of AIDS orphans in the country Zambia when in fact the supplies marked for that venture were donated by others, and the organization only donated a trivial amount of money to the third party that was the shipper of the supplies.

Their promotional materials were filled with several falsifications, omissions and oversights. They claimed that their CGAs were worth the “full” amassed value of the assets conveyed by investors when they weren’t. It appears that the method that they use to calculate the CGAs’ value were of substantially lesser than full value, since the organization skimmed off a substantial percentage of the actual value and retained it as a “charitable gift.”

It was also claimed by the organization that they had a 110% reserve of its total liabilities in trust in its continuing effort to “reinsure” its products through “highly rated” commercial insurance firms. As it turned out, this too was a falsehood. The organization had no restricted-access trust accounts, therefore any reserves at all. They never reinsured anything whatsoever.

Their marketing materials also failed to divulge that the Olives had been affiliated with several previous indictments and governing sanctions for retailing the equivalent type of phony products in the past. They were operating within an obscure Florida law that allowed them to sell CGAs in the state. The organization also neglected to reference the significant commissions that were paid to the couple as well as others, in the amount of several million dollars.

The SEC filed a separate complaint against the company’s in-house counsel William G. Reeves. The organization and Reeves both agreed to resolve the charges against them without admitting or denying the allegations. The settlements are contingent upon court approval.

We The People acquiesced to an ultimate judgment that will permit the selection of a receiver to safeguard the more than $60 million of donators’ monies still in possession of the company. Additionally, the final judgment also affords for repayment of ill-gotten gains and delivers injunctive relief under the antifraud and registration requirements of the federal securities laws.

Reeves agreed to a cooperation agreement with the authorities. The terms of his settlement demonstrate his assistance in the investigation and foreseen assistance in the imminent prosecution against the Olives. He also agreed to a suspension from practicing or appearing before the SEC for a period of no less than five years, and assented to a final judgment supporting injunctive relief under the requirements of the federal securities laws that were violated. It will be determined by the court at a later date if a monetary penalty should also be enacted against Reeves.

In the Denver Regional Office, Michael Cates and Ian Karpel conducted the SEC’s investigation. The proceedings against the Olives will be headed by the SEC’s Nicholas Heinke and Dugan Bliss.

Related Reading:
Definition a Charitable Gift Annuity: Click Here

SEC complaint against the Olives: Click Here

SEC complaint against the organization: Click Here

SEC complaint against Reeves: Click Here

Guilty of Accessory After the Fact in Head Found in Everglades Case

January 29, 2013 | Michael B. Cohen, P.A.

Robert Mackey, 44 was convicted of trying to cover up a crime.
The original charge against Mackey was second-degree murder. He was accused of being one of the two men who killed Lorraine Hatzakorzian, a New York woman, and then cut her into pieces; pitching her head into a canal in a section of the Everglades, almost seven years ago. Mackey still could spend up to 30 years of incarceration for being convicted of accessory after the fact when he’s sentenced on Feb. 28.

Mackey was from New York and listed his occupation as a tree trimmer. Mackey’s prior co-defendant, Paul Trucchio, 39 accepted a prison term of 30-years last year rather than take his chances with a jury that could have sent him to prison for the rest of his life if convicted.

On Monday, the jury deliberated for over two hours without being able to reach a verdict but Broward Circuit Judge Ilona Holmes told them to go back and continue their deliberations in the hopes of reaching an agreement.

After 2½ hours of further deliberations on Tuesday, the verdict came in acquitting Mackey of second-degree murder but finding him guilty of the lesser but still serious charge. As the jurors departed the courthouse they declined to answer any questions, in regard to whether they believed that Mackey was innocent of the grisly murder whatsoever or if they think he killed her somewhere other than within the boundaries of the state of Florida. They also didn’t reveal any details of their original split-decision on the second-degree murder charge.

The charges were challenging for the prosecution to establish from the onset. There were no witnesses tied to the suspect that could directly attribute the death of Lorraine Hatzakorzian directly to the defendant. He was not seen with her, nor did anyone witness him murder her. There were no witnesses that saw him cut off her head or throw it into the canal. There was nobody called that could even verify that Mackey was in the state on April 28, 2007, which was the day that severed head was discovered.

Mackey’s Defense attorney, John George argued that his client wasn’t involved in the victim’s death and an appeal is likely.

In spite of the aforesaid lack of physical evidence the jurors did hear evidence that swayed them to believe that the defendant was linked to the crime. Prosecutor Gregg Rossman exhibited that Mackey and Trucchio were both pulled over by a Volusia County police officer because the car being driven was missing its back window and had a large crack in the front windshield. The vehicle turned out to be the victim’s blue Dodge pickup and was stopped a few days after her head was recovered from the canal. A third man, Louis Caroleo, a friend of Mackey’s was also in the vehicle when it was pulled over. When called to the stand Caroleo testified that Mackey and Trucchio independently confessed to killing a woman and cutting off her head and getting rid of it. They both then prayed to a concrete alligator; that the remains of their deed would be digested before any of the proof was exposed. According to Caroleo’s testimony, this took place outside of the Port Orange motel where they were staying in the late springtime months of 2007. Additionally both men were seen scrubbing the car inside and out with bleach and acid.

In rebuttal, defense lawyer John George mentioned that the missing fragments of the story were an indication that the prosecution couldn’t prove beyond a reasonable doubt that Mackey had anything at all to do with the crime. “For one thing”, he said, “no one established that Hatzakorzian died in Florida. No one established that Mackey was even in Florida when she died or that he was responsible for her death”.

The prosecutor then pressed the jury to depend on the legal presumption that “a murder is presumed to have been committed in the same jurisdiction where the body was found unless there is evidence to the contrary.” And the sole part of Hatzakorzian that was ever found was located in Broward County.

There were also signs that the victim’s head was tossed in the water not too long before it was found, Rossman also argued. “Blood at the scene was still bright red”, he said, “and the head itself showed no signs of being pecked at by wildlife.”

The Broward County Sheriff’s deputy who recovered the head said that he had to act hurriedly to prevent alligators that were close by to the scene from getting to it first.

Apparently, the prosecution’s case was enough to influence jurors that Mackey did indeed assist helping Trucchio cover up the crime.

About 10 members of Hatzakorzian’s family attended every day of the trial.

Related Reading, Explanation of Accessory after the Fact:: Click Here

Broward County Man Sentenced to Life in Prison for Sex Trafficking of Minors

January 21, 2013 | Michael B. Cohen, P.A.

U.S. District Judge Daniel T.K. Hurley sentenced Fort Lauderdale man Van Lawson Williams, 49, to life in prison last week after being found guilty of charges of attempted sex trafficking of minors and sex trafficking in violation of Title 18, United States Code, (section14 1591(a)). The sentencing was announced by a combination of participants of different agencies: Wifredo A. Ferrer, the United States Attorney for the Southern District of Florida; Michael B. Steinbach, Acting Special Agent in Charge (Miami Field Office FBI); and Chief of Police of the Fort Lauderdale Police Department Franklin C. Adderly, it was disseminated in a press release on January 9, 2013.

A jury found Williams guilty of four counts of sex trafficking of minors, who were between the ages of 12 to 16. and one count of attempted sex trafficking on October 30, 2012. During the trial, six of the victims, the aggregate being runaways when they met Mr. Williams, attested to the fact that they were recruited to become prostitutes working out of Williams’ home located on the 2000 block of NW 30th Avenue. Based on trial evidence, Williams observed young girls in his own neighborhood; pursuing minor females who he believed to be runaways. After finding what he believed to be prospective candidates he then offered them free meals and lodging to stay with him at his Fort Lauderdale residence. After the girls would reach a positive decision to Williams’ offer, after a short time, he would change the rules and persuade them to become prostitutes. He told them that they were welcome to stay but needed to earn money to assist in paying the monthly household expenses. Without agreeing to chip in, they would have to leave. The young girls stated that they were directed to give the money that they obtained for their prostitution services to Williams, on most occasions, during their testimony. More than a few of the girls testified that Mr. Williams did in fact provide them with illegal drugs such as crack cocaine and marijuana. They also testified that Williams had sexual relations with them or tried to attempt to have sex with them.

Williams was originally arrested in May 2012. His first federal court appearance was before U.S. Magistrate Judge Barry S. Seltzer at his bond hearing. Based on the original criminal complaint, Williams, who is a convicted felon, would lure young girls to join up with him by offering meals and a place to stay. As previously mentioned he would also give the girls drugs. The girls also told authorities that customers paid money to rent the bedroom in Williams’ residence and then paid the girls up to $150 for services of a sexual nature. Originally, the complaint stated that money would be equally split with Williams however when the girls testified they said that in most cases Williams kept all the proceeds It was also alleged that Williams physically abused a few of the girls and brandished a machete, threatening one of them.

One of the girls read a letter she wrote to the court at the sentencing hearing, recounting the indignity she feels to this day when she sees herself in the mirror. In a letter to the court an additional victim, who was only 12 years old when Williams got her started turning tricks, wrote where she described the harm that she underwent as a consequence of Williams’ actions in and also commented of her dream to someday meet and marry a sweet man.

U. S. Attorney. Ferrer applauded the investigative energies of the FBI and the Fort Lauderdale Police Department. The prosecution’s case was handled by AUSAs Mark Dispoto and Corey Steinberg.

New Strict Anti-DUI Device Legislation Introduced in California

January 16, 2013 | Michael B. Cohen, P.A.

Gerald “Jerry” Hill is a Democratic member of the Senate who represents the 13th district for California. Throughout a career encompassing over 20 years as a public servant he was on the San Mateo City Council, serving one term as Mayor, as well as the San Mateo County Board of Supervisors. During his tenancy in the state legislature, Hill’s emphasis has been concentrated on job creation, consumer protection, saving taxpayer monies, the improvement of environmental issues and public health, accompanied by facilitating schools to produce the workforce of the future.

Hill will now introduce new legislation that will necessitate any individuals who are convicted of a second drunken driving offense to put a new blood alcohol level testing device into their vehicles. Hill, a long-time advocate against drinking and driving introduced the bill which would rigorously crack down on repeat DUI offenders. According to Hill’s office, presently, at least 24 states call for ignition interlock devices for individuals who repeat an offense of driving under the influence (DUI). 17 states already do so for first-time offenders that have been convicted of the crime. An ignition interlock device is an apparatus that when attached to a car’s ignition necessitates a breath sample in advance of the engine being able to start. The device stops the car’s engine from starting if it detects a blood alcohol level that exceeds a pre-set limit. In the event of a third DUI conviction the penalty would be the mandatory use of the device for two years; and a fourth DUI conviction would incur the same penalty but for a period of three years. The National Transportation Safety Board (NTSB) suggested that each state institute these devices for persons convicted of DUI.

In a phone interview in December, Hill said that “The law is so in favor of repeat DUI (driving under the influence) offenders.”

As an assemblyman, in 2010, Hill composed DUI law AB 1601, which was previously signed by former Governor Arnold Schwarzenegger before being further amended after his departure. The new law certifies that judges in California have the capacity to revoke driver’s licenses for repeat DUI offenders for a period of up to 10 years. The new law went into effect on January 1, 2012.

In California there were 161,074 DUI convictions in 2009, the most recent year in which statewide data is accessible. 27 percent, or 43,432, of those convictions were for repeat offenders According to Hill’s office. Based on further research there were 195,879 arrests in 2011. In 2012, almost 280,000 devices were fitted and are now operating in the United States, including approximately 24,000 in California, based on statistics provided by Hill’s office.

As quoted by Hill, “This (new) bill is sort of a follow-up to that effort to do something about the staggering numbers, the 40,000 annually repeat DUI offenders,”
In addition, if the legislation passes, this bill would require repeat DUI offenders to complete a special ignition lock program in addition to completing the DUI prevention course required by present law.

Legislation requiring the ignition interlock, even after one DUI conviction and as well as for drivers who are only slightly found to test above the legal limit should be a big help in preventing accidents, according to The NTSB.
Related reading on : Law AB 1601: Click Here

Engagement Ring Connected to Insurance Fraud Arrest

January 10, 2013 | Michael B. Cohen, P.A.

In a news release from the Department of Insurance, former full-time North Carolina resident Nathan Daniel Cooperman, 40, was charged with one count of insurance fraud and one count of obtaining property by false pretense in an announcement made by Insurance Commissioner Wayne Goodwin detailed at the time of Cooperman’s arrest in Manhattan on January 2nd.

It is alleged that Cooperman, who presently resides at 218 First Ave., New York, N.Y, submitted a claim to the Travelers Claims Hartford Auto Insurance Company on Aug. 25, 2007, claiming that an engagement ring valued at $50,000 was one of the articles stolen in the course of a burglary of his Durham, North Carolina home. Cooperman still owns and maintains the property according to investigators from the Department of Insurance.

Travelers settled the claim for just under the insured assessment of $50, 000, which was wholly paid to Cooperman. However, as the investigation continued investigators received what became a crucial lead relayed by Cooperman’s ex-fiancé that the claim was fabricated and she still had the ring in her possession. Investigators now allege that the ring was never stolen and Cooperman deliberately lied and made false and fraudulent claims to acquire the reimbursement for the insured value of the ring. Presently, no charges have been filed against Cooperman’s ex-fiancé and it hasn’t been affirmed whether she was an informed party to the false claim or not. But since it was she that informed the Department of Insurance of the alleged fraud it is has been assumed that she had no knowledge of the false claim at the time of its initiation. At this time, the name of Cooperman’s ex-fiancé has not been released.

Cooperman is now being detained by the New York City Police Department as he awaits extradition to North Carolina to face these charges and stand trial. It has not been specified if his ex-fiancé will testify against him.

Our search of the traditional informational criminal databases and public records Websites has not found any prior charges or convictions against Cooperman.

The Department of Insurance maintains a staff of 20 affirmed state law enforcement officers devoted to investigating and prosecuting assertions of insurance fraud as well as and bail bonding fraud. Since the time that Wayne Goodwin began his term as Insurance Commissioner in 2009, criminal investigators have established in excess of 14,000 grievances, resulting in more than 600 arrests, 300 convictions of a criminal nature, and there are presently more than 100 court cases awaiting prosecution. These efforts have provided more than $48 million in repayment and monetary retrievals for the victims.

It is estimated that 10 cents of every dollar paid in insurance premiums is responsible for the payment of falsified claims. If you feel you have knowledge and would like to report suspected fraudulent activity of this nature, please call the Department of Insurance Criminal Investigations Division at 919-807-6840. All callers may remain anonymous. Information for reporting false claims can also be found at their Website, located at: http://www.ncdoi.com

Son Slays Father, Sets Fire on New Year’s Eve

January 5, 2013 | Michael B. Cohen, P.A.

A Holiday, Florida man was arrested early Thursday morning after he allegedly stabbed his Father to death and then poured gasoline on the body setting it ablaze inside the master bedroom of their home located at 5617 Mosaic Drive, according to the Pasco Sheriff’s Office. Firefighters were able to contain the fire to the bedroom where it originated, according to Fox 13 News.

Baron Von Duke Vercruysse, 23 was arrested Tuesday morning after the Pasco County Sheriff’s Office, accused him of” homicidal violence” in the related death of his Father, 52-year-old Rene Dominique Vercruysse.

The Tampa Bay Times reported that Sherriff’s deputies believed a dispute between the father and son led to the death.

Police discovered the elder Vercruysse’s body when they responded to the fire at approximately 10:20 p.m. on Monday night. An initial autopsy revealed that the elder Vercruysse died of “homicidal violence”, and not injuries consistent with the fire, according to Bay News 9.

Deputies specified that the younger Vercruysse confessed to the murder. He’s been charged with first-degree murder as well as arson. The Times reports that his prior rap sheet includes larceny and more than one possession of a controlled substance.

A neighbor also told The Times that he heard a sharp scream discernible from New Year’s Eve festivities Monday evening, just before authorities responded to the fire. “It was sharp,” Randal Tilton said. “It scared me.”

Bail was denied by Judge W. Lowell Bray Jr. on the murder count. A bond of $150,000 was fixed on the arson charge. Vercruysse was also assigned a public defender, although he told the Judge that he made, “two grand a month.”

Vercruysse is now being held in Land O’Lakes jail. It is reported that he claimed self-defense citing years of abuse by his Father. He said he lived in fear of doing anything wrong. He said he suffered black eyes, bloody noses, fat lips imposed by his Father.

“I didn’t mean to kill him,” Vercruysse told the Times. “I just wanted him to stop beating me.”

He said he fought back on New Year’s Eve. His account of that night is as follows:

Vercruysse said he had been at a friend’s house. When he came home to the house he shared with his father on Mosaic Drive in Holiday the arguing began over Vercruysse’s monetary issues, continued unemployment and his messy room. The argument took place in the bedroom. Then he said his father took a .38-caliber pistol from the nightstand and aimed it at him.

Vercruysse then shoved his Father and turned away. Purportedly, the elder Vercruysse then brought the butt of the gun down on his son’s head. Vercruysse said the blow brought him down to the ground where he noticed a knife with about a 3-inch blade under the bed. He said he grabbed it, stood up and faced his father, closed his eyes, and stabbed.

“All he could hear in the dark, his hand thrusting outward, was his father’s scream.” A neighbor would tell reporters later.

When questioned during the investigation his Sister, Elizabeth, described her Father as a different man from her Brother’s accusatory description. She remembers her father as being a big, jovial man with a thick Cajun accent. He called her every day and his best friend was her 9-year-old daughter. “He could be tough sometimes”, she said,” but deep down he was a mush ball.”

A date for opening arguments has not been set.

Related, (Penalties of Murder Charges):