South Florida Criminal Attorneys Blog

Domestic Violence Escalates to Attempted First-Degree Murder

November 21, 2012 | Michael B. Cohen, P.A.

After reports of gunshots at the Barrington Club apartments in Coral Springs, police were called to the complex by a 911 dispatcher. When they arrived, they saw a man leaving a residence and then hurriedly returning inside, authorities said.

Soon after, Katherine Maffei, 40, suffering from a gunshot wound, left the premises and stumbled to the ground. Her father, Robert Ranta, 67 who was firmly carrying his 4-year old daughter’s son out of the residence also collapsed next to his daughter. He was suffering from gunshot wounds as well. The child was unharmed, but Mrs. Maffei, and her father, were both taken in serious condition to Broward Health North.

According to a Coral Springs police statement Thomas Maffei, 45, the victim’s estranged husband allegedly fired a gun through the front door of his wife’s apartment. He then held her captive along with her father and shot at both of them at close range. The shootings occurred in front of their 4-year-old son.

The incident came to light just after 8:00 p.m. last Friday, when a 911 operator received a domestic disturbance call from a woman in the Barrington Club apartments on the 10500 block of Sample Road in Coral Springs. More 911 calls were received from other neighbors who reported that gunshots had been fired.

Police encircled the apartment upon arrival. Mr. Maffei finally surrendered to police after they moved the victims to safety. Mr. Maffei has been charged with multiple offenses including two counts of attempted first-degree murder, armed burglary, aggravated assault with a deadly weapon, two counts of false imprisonment and child abuse. Police said that the couple is currently separated and undergoing a divorce. Mr. Maffei is a retired US Air Force officer who currently resides in Parkland
“I saw my hand explode. He shot me from point-blank range. I was sort of waiting for that kill shot. I absolutely thought we were going to die.” Mrs. Maffei said. After being released from the hospital, she went on to say that the shooting culminates almost two years of physical and emotional abuse and was something she always feared.

In the 911 tape, Mrs. Maffei is first heard screaming for help telling the dispatcher that her estranged husband was banging at the door trying to shove his way in. Then, for numerous minutes she and others in her apartment are heard in the background screaming. The 911 operator assessing the situation alerts the police who are sent to the scene.

Maffei said on Thursday that her husband was continually screaming “You took my stuff” and then shot her and her father. Both the father and daughter each sustained two gunshot wounds.

The recording also revealed her repeatedly pleading for help and saying she couldn’t move. Her father’s ribs were broken by one of the bullets.

Mrs. Maffei has filed domestic violence cases against her husband five times and has unsuccessfully tried to get restraining orders on three separate occasions, court records show.

Broward bank robbery concludes with arrests in Dade County after police pursuit

November 14, 2012 | Michael B. Cohen, P.A.

The quick thinking and response of a UPS driver turned into an essential lead that ended with the arrest of four men charged with a Coral Springs bank robbery. The UPS driver’s attention was captured when he noticed two men hurriedly rush out of a Nissan Sentra, leaving the doors open, and jump into a Silver Dodge Charger driven by a third man. Wary of the men’s actions, the driver called 911 and reported what he felt to be suspicious activity.

The police were already looking for a vehicle that fit that description as the getaway car of the robbery of a SunTrust bank that took place around 10 am that morning. The bank is located at 9501 Wiles Road in Coral Springs.

In addition to the UPS driver, other members of the public are being praised for helping police and FBI agents for their part in the apprehension of the suspects.

The manager of the bank was on the phone with a customer when two armed men rushed into the bank. One of the men pointed a gun at a teller’s head, demanding money. The teller gave the suspects in excess of $20,000.00 before they ran out of the bank to the awaiting Nissan Sentra. As this was unfolding, the manager told the customer on the phone that the bank was being robbed. The customer immediately hung up the phone and called 911.

“We got the customer’s call before the silent alarm came in to our agency,” Coral Springs Police Sgt. Carla Mertes said. She went on to comment: “One of our officers spotted the car on the Sawgrass and started chasing it to Miami.”

The police then chased the car south on the Sawgrass Expressway and then Interstate 75. According to the F.B.I. who assisted in the pursuit, the suspects then exited east onto Gratigny Parkway in Miami where it crashed into two vehicles near the N.W. 32nd Ave. exit.

One of the individuals in the crash was Derek Mendez, 33, of Hialeah. Ironically, he was driving to a Crime Scene Investigation course at Miami Dade College when he became entangled in the midst of a crime scene investigation. A veteran of the war in Iraq, Mendez suffered injuries to his neck, back and elbow when his car was rear-ended by the suspects’ vehicle. “It freaked me out a little bit but it could have been worse,” Mendez said. “They could have had a gun and start shooting and I could have been in the middle of that.” Mendez went on to say: “I remember some guys getting out of the car and fleeing from the scene. They tried to run away and tried to jump a fence and I saw the cops grab them.

The F.B.I. said that at least three of the four men were suspected in five other bank robberies in Broward County.

In total, four men were arrested for the crime. Gregory Richardson, 34, and Edward Rogers, 40, are accused of robbing the bank. Carlos Jenkins, 24, is accused of driving the two cars used in their escape. Quinton Johnson, 29, is the owner of the Charger; although he claimed at the time of his arrest that it was stolen prior to the crime.

Coral Springs police spokesman Joseph McHugh said that the call from the UPS driver was crucial. “Without that call, we would have been looking for the vehicle they were driving when they left the bank,” he said.

The four men who are now accused of planning and robbing the bank appeared in Fort Lauderdale federal court on Thursday morning. Quinton Johnson who originally reported his car stolen 15 minutes after the robbery then allegedly changed his story and said that he loaned his Dodge Charger to Carlos Jenkins. Johnson then admitted driving his friends to the bank the night before, but denied any participation in the robbery. The four men will be back in court next week when a judge will decide if they will be eligible for bail.

Numerous agencies assisted in the pursuit through Broward and Dade counties, comprising police from Coral Springs, the Broward Sheriff’s Office, Miami Dade, Hialeah, Miramar, Miami Gardens, Opa-locka, as well as the FBI.

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Fort Lauderdale Police Officer Guilty of Perjury

November 7, 2012 | Michael B. Cohen, P.A.

James Thompson’s lawyer maintained that the allegations made against his client that lead to his arrest by Fort Lauderdale Police Officer Jefferson Alvarez were a total fabrication.
Alvarez wrote in his report “While on patrol I saw the listed vehicle traveling westbound on W. Broward Blvd. By looking at the sticker and then confirming it on teletype I discovered that the tag was expired. I conducted a traffic stop on the 3600 block of W. Broward Blvd.”
According to the report, Alvarez also stated that he then ran a check of Thompson’s driver’s license and when found that it was suspended arrested him at the scene.
The truth of the matter was that Alvarez was one of two backup officers who arrived at the area well after Officer Larry Reyes, who first saw and investigated a car that was in the parking lot of an abandoned gas station.
Thompson’s attorney who is with the Broward Public Defenders Office, said “Alvarez never saw him driving and he never made any traffic stop.” He went on to say “My client was changing a flat tire and two other officers drove up and ran a license check. Alvarez arrived on the scene later and they allowed him to make the arrest.” Police records verified that Alvarez was the last officer to arrive.
Thompson maintained he was never driving the car. He said he went to its location in the parking lot of the abandoned gas station, where his cousin had left it, to fix a flat tire. According to Thompson, it was 3 o’clock in the morning when police officer, Larry Reyes saw him by the vehicle, stopped his patrol car, and began to question him.
Reyes ran a check and determined that Thompson’s driver’s license was suspended.
Alvarez works in the patrol division and has been with the department for a little more than two years. It appears that he was on a kind of probation during the incident and was given the opportunity to arrest Thompson to strengthen his own statistics. On July 15, he was placed on paid suspension pending further investigation.
Five months later, when Thompson’s defense lawyer questioned Alvarez, he said he didn’t recall the incident and depended on his original report to refresh his memory.
During the course of Thompson’s investigation, his lawyer obtained records from the global position system (GPS) installed on Fort Lauderdale police squad cars, along with dispatch logs, and other evidence that confirmed the reported scenario to be wholly fictitious.

During a deposition, Alvarez affirmed it was he who made the traffic stop and delivered several other details about it, but the GPS data did not support his testimony. Reyes, in his deposition, disputed Alvarez and the information he wrote in his arrest report.

“Um, Officer Alvarez stated that he stopped the vehicle when, in fact, I stopped the, uh, – I was the first officer to stop the vehicle,” Reyes attested.

Reyes also confirmed that Alvarez was not on the scene at the time of the traffic stop.
During proceedings, Alvarez said he mistakenly believed he was supposed to place himself in Reyes’ shoes when describing the events that led to the arrest.
Prepared with this testimony and the GPS statistics, Thompson’s lawyer offered the evidence to Assistant State Attorney Steve Litvack, who then dropped all charges against Thompson.
With the evidence now signifying that Officer Alvarez’s statements were clear cut falsehoods he then became the target of a criminal investigation and was charged with perjury.
At Alvarez’s trial, jurors listened to a 40-minute recording of the deposition and requested to hear it again during their deliberations. Alvarez also answered questions about pulling over Thompson’s car, although on the stand he said that he was relying on his report and not on his actual memory.
After just four hours of deliberations the jury came back with a guilty verdict of falsifying a police report and perjury.
The maximum penalty for perjury and falsifying records, combined, is six years. Sentencing was scheduled for Nov. 19 in front of Broward Circuit Judge Paul Backman. Alvarez remains free on bond until the sentencing hearing.
Thompson did not testify at Officer Alvarez’s trial.

Miami Man Behind Bars Accused of Sexual Assaulting Elderly Woman

November 2, 2012 | Michael B. Cohen, P.A.

A man who police say has a record including battery, grand theft of a motor vehicle, burglary, and possession of burglary tools can now add the charge of sexual battery with force on a person over 65 years of age.

Miguel Chavez, 57, has been charged with this latest offense, as well as burglary with assault, battery on a police officer or fire rescue personnel, and resisting arrest with violence.

This latest episode happened on Tuesday, Sept. 24th, in the 1200 block of SW 23rd Street in Miami. According to investigators, the man broke into the woman’s house, climbed on top of her, and began to choke her with one hand while he took off her underwear with the other. He then fondled the victim before running away.

When interviewed, the elderly woman told police she was asleep when a man, wearing only briefs and an undershirt around his face, broke into her home just after 5 a.m. She described her attacker as a Latin male who after getting on top of her, removed the undershirt from his face and began to masturbate as he kissed her. The woman said he then sexually molested her.

Before Chavez’s arrest, last week, police released a sketch that described the man as being bald, standing about 5 feet 8 to 5 feet 10 inches tall and weighing between 230 to 245 pounds. The police also said that they had some DNA evidence that was sent out to the laboratory. He was said to be still wearing the undershirt around his face as he fled the scene. It was not specified whether the analyzed DNA led to his arrest.

Vamshi Rojas, a neighbor of the victim was shocked that the woman was targeted in the first place. “What kind of mentality do you have to break into an elderly woman’s house”, she said.

Miami police Sgt. Freddie Cruz stated “His actions were, I mean, so aggressive, choking her, ripping her clothes off, and fondling her and he also attempted to penetrate her.”

The case against Chavez will be heard by Circuit Court Judge Stacy D. Glick on November 13th.

“Stand Your Ground” Manslaughter Road-Rage Shooting Case to Begin

October 25, 2012 | Michael B. Cohen, P.A.

An apparent case of road-rage escalated to the shooting of an off-duty federal Customs and Border Protection agent when the agent followed the suspect pulling his car into a post office parking lot. The agent was killed as a result of the shooting.

James Patrick Wonder, 69, a retired Miramar man allegedly shot and killed Donald Pettit after an intense argument as the two men were driving in Pembroke Pines back in 2008.

Court officials returned to the post office crime scene on Monday, located at Pines Boulevard and Dykes Road.

According to the police report, on the morning of Aug. 5, 2008, Wonder and Pettit got into a shouting match, pointing fingers at each other while driving in the vicinity. Pettit, who was 52 at the time and who worked as a polygrapher for the agency, then got out of his car to confront Wonder in the parking lot. It was then, when Petit left his vehicle, that Wonder shot the agent once in the head.

Originally, authorities wanted to charge Wonder with premeditated first degree murder. However he has since been indicted on manslaughter charges by a Florida grand jury. He was then released after posting bond in the amount of $10,000.00. He faces up to 15 years in prison if convicted
Wonder’s defense lawyers argue that he is immune from prosecution under Florida’s Stand Your Ground self-defense law. They have stated that Wonder feared for his life as the larger, younger and stronger man walked quickly toward him, yelling “Who do you think you are, slick?”
Wonder has claimed self-defense since his arrest, and his lawyers have given a low profile of his actions since the shooting occurred. However, records show that Wonder fled the scene and kept a dialysis appointment forty minutes later in Miramar. The next day, he greased his hair, making it appear darker, and then rented a car instead of using his own so he would not be seen in the vehicle described by Pettit’s 12-year-old daughter. Pettit’s daughter witnessed the road rage incident and overheard the shooting.

The prosecution submits that Wonder was angry and not in fear for his life.

Last Tuesday, in opening statements before Broward Circuit Judge Bernard Bober, Assistant State Attorney Michelle Boutros said “the Stand Your Ground defense should not be applied merely because Wonder says he felt threatened. It’s not what Wonder would believe,” she said. “It’s what a reasonable person would believe. Not an angry person.”

Boutros’ comments raised the probability that prosecutors will count on the testimony of nurses at the kidney dialysis center in Davie, where Wonder was arrested the following day. According to the nurses, Wonder confessed to having anger management issues, investigators said.

Wonder’s self-defense claim is relying on Florida’s Stand Your Ground law, which states that individuals who are following the law have no duty to retreat in the face of a threat, and that those individuals may meet force with force if they believe it is necessary to protect themselves or another, or to prevent a forcible felony.

In a Stand Your Ground case, a judge listens to the evidence without a jury present and decides whether it is likely that the defendant was acting to prevent death or grievous bodily harm to himself or another person in an area he had the right to be. If the defense succeeds, the judge will usually dismiss the case.

Florida’s “Stand Your Ground” law came into the National spotlight when police became the target of anger and protest for initially failing to arrest George Zimmerman after he shot 17-year-old Trayvon Martin in Sanford, Florida.

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Trio to Be Charged in Deadly Two County Crime Spree involving Armed Robberies and Murder

October 18, 2012 | Michael B. Cohen, P.A.

After serving two years for an armed robbery, Willie Barney was released from state prison in July. The crime spree began a short time later, investigators say.

Willie Barney, 19, Dedrick Brown, 20 and Travares Santiago, 20, were arrested on Sept. 23 after police say they robbed and shot Officer Herman Joseph, sparking a massive manhunt.

Joseph, a six year veteran of the Miami-Dade Police Department was off-duty, doing volunteer maintenance work on Saturday, Sept. 22nd at the Union Christian Bible church, 6701 NW Seventh Ave, in the little Haiti neighborhood adjacent to Liberty city when three men approached him in the parking lot. They demanded his jewelry and then shot him in the chest with a .45-caliber pistol. As the shot was fired, Officer Joseph quickly rotated his body, most likely saving him from being critically injured.

Joseph managed to call 911, telling the dispatcher “Ok, uh. Stop me at 3-15 at 6701 NW 7th Avenue. Off-duty officer shot.” The reference to a 3-15 is police code for an emergency, need assistance immediately. After the dispatcher asked the officer to tell her his name, and which Police Agency he worked for, fire rescue was sent to the scene and Officer Joseph was taken to the hospital. The officer was released from the hospital a few days later.

Joseph described his assailants as “three black males about five foot 7 or five foot 8, light complexion”. He also told the dispatcher that they were all wearing black clothing.
Click here to listen to the entire 911 exchange and the 911 dispatcher’s subsequent call for assistance from fire rescue

Officer Joseph’s concise description of his attackers has now been linked to a string of robberies, and at least one murder. Although Joseph stated that the men left on foot, police began their search for a maroon Pontiac that was used in other crimes that fit the description given by Officer Joseph of the three men.

On Aug. 9, three men robbed a man who was working on his truck in the Brownsville section of Miami, south of Hialeah. Jewelry and his cell phone were taken. The victim identified the men as the same corresponding to Officer Joseph’s portrayal.

On Sept. 18, police say at least two of the same three men robbed Barrington Kerr, 55, and another man in the 300 block of Northwest 190th Street. The men stole Kerr’s chain, and then shot him, leading to his death, according to a Miami Gardens police report.

Another unspecified man was shot in the incident. He survived and identified Barney and Brown as his attackers. Since Santiago was known as the usual driver of the getaway vehicle it is suspected that he was more than likely involved in this crime as well. Police believe it was 19-year-old Barney who pulled the trigger.

On Sept. 20, the same men apparently robbed a Miami Shores man who was in front of his home mowing his lawn. A neighbor, who chased the car, was able to make a note of the license plate number and describe the vehicle to police as a maroon Pontiac.

The three suspects were captured in the Pontiac shortly after the last shooting.

In a Thursday afternoon news conference State Attorney’s Katherine Fernandez Rundle said “We call them the “Crime Spree Trio,” and also said “It took a lot of work in connecting the dots.”

Fernandez Rundle also said the three men showed no regard for human life when they robbed their victims. “Two victims, in two of the separate incidents purported that gunman Willie Barney had the look of death in his eyes as he pointed the gun at them,” said Fernandez-Rundle.

Barney is no stranger to the law. When he was 16, he was arrested for armed robbery and was sentenced to one year in prison as a “youthful offender,” court records show.

The three men are now facing a number of very serious charges after prosecutors say they are now able to tie them to at least five violent robberies, and a murder; their actions culminating in the shooting of Officer Joseph. The charges are expected to include murder, attempted murder, aggravated battery and armed robbery.

Police have also charged the men with another robbery dating back to late July.

Detectives from three separate police agencies; Hollywood, Pembroke Pines and Hialeah are investigating other robberies possibly linked to the threesome.

Medicare Fraud; Federal probe spotlights South Florida clinics

October 4, 2012 | Michael B. Cohen, P.A.

South Florida healthcare professionals including doctors and nurses were detained and charged with submitting fraudulent claims to Medicare; totaling in excess of two-hundred million dollars.

Federal judge Peter Palermo set bail on most of the defendants between $100,000 and $150,000 each. A total of 33 South Florida health care professionals were arrested as part of the ongoing federal investigation.

In federal court one of the accused members of the group seemed confused, saying to Palermo “I don’t even know what I’m charged with.” Palermo told him, “You’re charged in a conspiracy to receive health care kickbacks.” Some of the defendants will face a hearing on Friday. .

Also in Miami, Federal authorities said that three people were arrested at LTC Professional Consultants and charged in a scheme to swindle the system. Authorities said that another nearby Miami based healthcare facility; Professional Homecare Solutions was involved with fraudulent billing for home health care; totaling in excess of 74 million dollars.

Another facility: Hollywood Pavilion, a psychiatric hospital, was also said to have been involved in $67 million of suspected fraudulent billing. Five people affiliated with the hospital, including its chief executive officer, were charged in this case, one of the nation’s largest strikes ever against Medicare fraud. The defendants allegedly fraudulently billed Medicare paying bribes and kickbacks to patient brokers, then creating false documents to cover their tracks.

Medicare scams involving medical equipment and physical therapy has prospered in South Florida for years, making the area a national focus for Medicare exploitation.

At a press conference on Thursday, Attorney General Eric Holder said the case revealed an alarming trend of criminal attempts to steal billions of taxpayer dollars Holder labeled Thursday’s action against Medicare fraud one of the largest of its kind.
“The total includes over $230 million in home health care fraud, more than $100 million in mental health care fraud, and approximately $49 million in ambulance transportation fraud.

“Thanks to the outstanding work of federal authorities – and the assistance of state and local partners – as of today, most of these individuals have been arrested or surrendered,” Holder said.

“Such an act not only takes precious resources but it drives up health care costs and affects the strength of Medicare,” Holder said. “And it disproportionately victimizes some of the most vulnerable people in our society: the elderly and impoverished Americans.”

“Many of those arrested violated the sacred oath they took to be medical practitioners,” said Holder.

Holder further went on to say that the federal government was determined to be very aggressive in its ongoing crackdown on Medicare fraud.

The arrests revealed were a share of a nationwide take down of Medicare fraud suspects in Baton Rouge, La, Brooklyn, N.Y, Chicago, IL, Dallas and Houston, TX as well as Los Angeles, CA. More than 60 medical professionals were arrested in the operation and allegedly responsible for more than a total of $429 million in fraudulent claims. A federal strike force charged more than 90 people in total.

In addition to Thursday’s arrests, Health and Human Services Secretary Kathleen Sibelius mentioned that her agency used new authority under the federal health care law to stop future payments to many of the health care providers suspected of fraud.

She unwaveringly stated that the arrests target “criminal enterprises that have been lining their pockets with funds from the Medicare trust fund.”

“We’ve taken down enterprises that in some cases have been robbing taxpayers for years,” she said.

This week’s Medicare fraud bust follows another colossal takedown in May, when officials arrested more than 100 people and charged them with defrauding the government of more than $450 million.

Four suspects held in VFW shooting in Central Florida

September 30, 2012 | Michael B. Cohen, P.A.

Winter Springs, FL
A charity poker ride organized by a motorcycle club quickly turned into tragedy in the parking lot of a Veterans of Foreign Wars lodge this past Sunday morning.

Harold Liddle and Peter Schlette were finishing their breakfast at the VFW post, awaiting the start of the charity event when other bikers, armed with guns, arrived at the scene.

After a fight broke out in the parking lot, gunfire erupted. Liddle and Schlette were killed in the melee and another member of the Warlocks, Dave Jakiela was critically injured. Jakiela died as a result of his injuries two days later. Police charged four men in the case originally with two counts of homicide and one count of attempted homicide. Police now expect to elevate the attempted homicide charge to a third count of homicide.

David “Tinman” Maloney, 52, Victor “Pancho” Amaro, 41, Robert “Willy” Eckert, 38, and Paul Smith, 47 were charged with the crimes and are being held in the Seminole County Jail without bond.

The parking lot at the VFW post #5405, located in Winter Springs, Florida about 15 miles northeast of Orlando, was taped off. A nearby senior center was evacuated after the shooting.

“This is a complete and utter shock to me that this happened,” said Joe Gault, a quartermaster with the local VFW.

At a news conference hosted by WFTV Monday afternoon, Winter Springs police definitively identified the two murdered men as Harold “Lil’ Dave” Liddle, and Peter “Hormone” Schlette. David “Dresser” Jakiela was shot in the head and was in critical condition at the Orlando Regional Medical Center at the time of the news conference.

The Police reports disclosed that it was actually the Philadelphia Warlocks motorcycle club members that set up the charity poker run and gunfire started when the unaffiliated Orlando Warlocks showed up to attend the event at the VFW on Edgemon Avenue. A poker run is an organized event where participants, usually using motorcycles, other vehicles or horses, must stop at five to seven specified checkpoints, drawing a playing card at each one. The object is to have the best poker hand at the end of the run.

Police questioned dozens of witnesses trying to discover what happened initiating the brawl. Eyewitnesses said that at least six motorcyclists appeared out of nowhere and opened fire on the other motorcyclists as they were finishing their breakfast. Some witnesses said the shootout was sparked by a dispute over turf and influence but police would only confirm that Warlocks members from both factions of the group were at the VFW at the time of the shooting.

The original Warlocks motorcycle club was founded by Tom Grub near Orlando in the late 1960s. Since its inception, numerous chapters have been added throughout the U.S and Europe. The local Warlocks website lists members who’ve died, and also displays those who have been convicted of committing crimes and are serving time behind bars.

Investigators said they recovered a total of 36 weapons from the shootout, including guns, and a variety of knives.

Lt. Doug Seely, of the Winter Springs police reported “We recovered 13 firearms and 23 edged weapons,”
WFTV correspondent Daralene Jones asked Lt. Seeley if the Philadelphia Warlocks were angry that the Orlando Warlocks showed up at the event. Seely responded “We’re trying to still to ascertain exactly who’s affiliated with what to be able to accurately have that for our case,”
Bill Farrell, a witness to the shootings commented “As they pulled into the parking lot, a huge fire, I call it a firefight [broke out] … don’t know what else to call it. At least 30-40 rounds of ammunition expended,”
Further questioning Lt. Seely; the television commentator posed the inquiry: “How worried are you that this could lead to some sort of bike war?” Seely stated: “We feel this, that happened in Winter Springs; as far as anything major than that, we’ll have to rely on larger agencies,” However, WFTV learned that police were so concerned about retaliation that Orlando Regional Medical Center was put on lockdown because that’s where one of the victims was admitted.

On Monday, when WFTV’s reporter Jeff Deal and his cameraman were trying to shoot video of the Warlocks’ Orlando headquarters, women from inside the chapter attacked the photographer and attempted to block the footage from being acquired.

The DEA and FBI are assisting Winter Springs Police with the investigation.

“Millionaire Madam” Guilty Of Promoting Prostitution: Accepts Plea Bargain

September 25, 2012 | Michael B. Cohen, P.A.

Accused Manhattan madam, Anna Gristina ended her seven month ordeal by agreeing to a plea deal of a single count of promoting prostitution in exchange for six months in prison which essentially reflects time already served. She was also put on 5 years’ probation. If the case went to trial, the defendant would have faced a prison sentence of up to seven years. It was reported that Gristina originally refused to take a plea because she believed it could mean that she’d be deported back to Scotland.

“We are left with a straightforward promoting prostitution case – a defendant who ran a brothel for many years and who profited from the sex trade,” said Assistant District Attorney Charles Linehan. “That is all.”

Gristina, described as a soccer mom, in comparison to the leader of a high-priced service for sex, the 44 year old mother of four spent time awaiting trial at Riker’s Island charged with running a high-priced prostitution ring out of her E. 78th Street residence. Her alleged co-conspirator, Jaynie Mae Baker, who was accused of running the brothel along with Gristina, took a plea deal earlier last month that allows her to avoid additional jail time as well. Ms. Baker was known as a recruiter for VIP Life a matchmaking service that was earlier exhibited on “20/20” and in a New York Times article.

The case received National attention when claims were made that she supplied under-aged prostitutes to her clientele; one of which was said to be embattled two-time presidential candidate John Edwards. Edwards was recently found not guilty on one of six charges of campaign finance corruption where it was alleged that the purpose of the acceptance of these secret campaign donations was to assist in the covering up of his affair with filmmaker Rielle Hunter who was hired to work for his presidential campaign. Their relationship included the birth of their child.

Another high-profile participant associated with the case was David Walker, a Wall Street investment banker who worked for Morgan Stanley. Upon release of the information Walker was identified of hosting a meeting where prosecutors alleged that Gristina was trying to raise money for a business venture. Walker wasn’t charged with any crime and Morgan Stanley stated that there was no evidence linking him to any criminal activity. However, Walker was placed on paid administrative leave until the conclusion of the investigation.

Another aspect of the case which helped it gain notoriety in the press was the amount of bail imposed upon the accused. The 2 million dollar bond appeared excessive to distraught family members. During the course of her incarceration four attempts were requested to lower the set amount unsuccessfully. On April 8th Manhattan Supreme Court Justice Charles Solomon vetoed arguments by Gristina’s attorney who stated that the steep bail amount was not properly considered by the original judge. The prosecution had won the stunning bail figure by arguing that she headed a multi-million dollar pay for sex ring with the assistance of unnamed law enforcement officials. The original judge also agreed with prosecutors who claimed that the Scottish-born Gristina could also be a flight risk. To date none of the unnamed law enforcement personnel has been revealed.

The family set up a Website asking for donations to “bring her back to us.” “There’s Mother’s Day, the prom, graduation. She should be out. These are once-in-a-lifetime things that she’s missing because of an unjust bail.” According to the Website, Gristina was being held in solitary confinement. It also goes on to say that the authorities are trying to humiliate her by making her “wear only a T-shirt and a diaper.” The Department of corrections told the New York Daily News there’s no truth to those claims.
“She doesn’t sell sex, she sells discretion for wealthy men” said her daughter, Suzanna Pak in an Anderson Cooper TV interview.

Gristina’s legal problems began when she allegedly boasted to friends in Scotland claiming the bragging rights to “Building and Empire” which was reported in the United Kingdom’s Daily Mail tabloid. The defendant also made numerous claims that she had connections and influence in any number of city, state and federal agencies, including the DA’s office, NYPD, FBI, the governor’s office and Customs, among others.

During the proceedings the prosecution requested and was denied Gristina’s client list. In a recent article posted in the Daily Mail Gristina said: “I have a deep sense of loyalty and I’m Scottish” when asked why she wouldn’t release the names of her clients.

Hallandale Beach man injures two in drunken driving crash

September 25, 2012 | Michael B. Cohen, P.A.

Luis Uriel Hernandez-Hernandez, 20, a native of Mexico is in custody after he allegedly seriously injured two people in a hit-and-run mishap last Saturday night, an arrest report said.

The report stated that Hernandez-Hernandez, who works in the construction industry was arrested on two counts of DUI; serious injury to another, leaving the scene of an accident, and various other charges. He is being held without bail at the Joseph V. Conte medium-security custody facility, awaiting trial in Pompano Beach.

According to jailbase.com it was only two weeks earlier that Hernandez-Hernandez was stopped by police and charged with going through a red light, driving with expired license tags, and operating a motor vehicle without a valid driver’s license.

In the crash, Hernandez-Hernandez’s blood-alcohol level was more than double the .08 level at which a driver in the state of Florida, is recognized as legally impaired.

After the accident, Officer Cheryl Ramsaroop and her partner Officer Edward Grange noticed a gold 2003 Chevrolet SUV driving erratically on South. Dixie Highway. The vehicle according to the description of the vehicle given previously smashed into two other vehicles, and then left the scene located near the corner of Hallandale Beach Boulevard and Federal Highway.

After performing an “investigatory traffic stop” on the vehicle and questioning Hernandez-Hernandez the defendant told Officer Ramsaroop and her partner that he didn’t understand English when he was asked to submit to a sobriety test. A third officer was then called to the scene who spoke Spanish. When he requested to conduct the sobriety test, in Spanish, Hernandez-Hernandez still said that he didn’t understand the instructions. He allegedly smelled of alcohol and was unstable on his feet according to the report
As he was again given the instructions of how to proceed with the test in Spanish, he was said to have voiced, “I don’t know,” and, “I’m drunk,” several times in both Spanish and English,” the report said.

Hernandez-Hernandez, who did not have a valid driver’s license as well as proof of insurance, was then arrested. The report also mentioned that “he was unable to sign traffic citations due to his intoxicated state”.

Police also said that two semi-filled beer cans were found that were still cool to the touch in the back seat of the SUV. Grange also wrote in his report dealing with the arrest that when he asked Hernandez-Hernandez how many alcoholic beverages he had consumed that night, his reply was “10 Coronas,”
“As a result of the accident, two individuals suffered serious injuries and had to be transported to the hospital,” the police report said. The hospital that the injured individuals were taken to was not indicated by police. The injured were identified by police as Rona Wexler and Cheila Grinberg. No other details about them were given in the report, and their conditions were unavailable as of Tuesday.

When appearing in Court before Broward Judge John “Jay” Hurley, the Judge said: “Sir, the court believes you represent a danger to the community. The court notes that you have previously allegedly committed the same crimes – at least to the extent that you were in a crash and didn’t have a driver’s license.”