Recent Blog Posts in August 2009 |
| August 28, 2009 |
| Hallandale Police Out in Force Tonight to Hunt for Drunk Drivers |
| Posted By Brett Schwartz |
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| Police officers will be out in force tonight and early Saturday morning in a crackdown on those who are DUI (driving under the influence). The patrols will start at 11 p.m. and continue until 3 a.m., said Capt. Sonia Quinones. The goal of the operation is to reduce the number of alcohol-related crashes, fatalities and injuries, Quinones said.
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| August 28, 2009 |
| Police Use Fake Cover to Arrest those with Outstanding Warrants |
| Posted By Brett Schwartz |
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| Convinced they were picking up money being given away by a government agency, 76 people were instead picked up by police when they arrived to collect their prize. There was no cash and no agency: It was all an elaborate setup by Fort Lauderdale police to arrest suspects wanted on various warrants. "These are individuals who were running away from the law, but they came to us freely," said Sgt. Frank Sousa, a police spokesman. "They were coming for one reason only: money." Dubbed "Operation Show Me the Money," the undercover sting took place Wednesday and Thursday at the War Memorial Auditorium. The arrests ranged from the petty (more than 10 people wanted for failure to provide child support) to more serious offenses (Benjamin Battle, 29, arrested on a charge of attempted second-degree murder). All the suspects were Fort Lauderdale residents. "We're always looking for creative ways to reduce crime, and this is one of the most creative operations I've seen," Sousa said. Using a bogus agency called the South Florida Stimulus Coalition, police sent out letters promising recipients hundreds of dollars in stimulus money. All the suspects had to do was call a number and set up an appointment to meet at the auditorium's lobby. Officials would not say how many letters were sent out. More than 100 people made appointments and 82 showed up, though only the 76 were arrested, Sousa said. The ones who did make it to the auditorium were met with a very convincing set. Large banners bearing the fake agency's name flanked the walls while American flags and balloons were sprinkled around the lobby. A table held fliers and business cards complete with an agency slogan: "Helping jump-start the economy." Undercover officers then verified their identities and made sure the warrants under their names were still standing before taking them into custody, Sousa said. Though most of the suspects showed up at their appointed times, one man who identified himself only as Rob walked in shortly after a press conference held to announce the sting. "I'm surprised they did this, and really, I feel humiliated," said Rob, 21. He wasn't arrested because the warrant against him had been dropped, he said. "I knew it was something shady, but I've got kids to feed, I needed the money," he said. He'd been promised $653, according to the coalition's letter.
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| August 27, 2009 |
| Hospice chaplain not guilty of sex act with dying woman, jury says |
| Posted By Brett Schwartz |
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| A Broward County jury found a hospice chaplain not guilty Wednesday of performing a sex act on a dying 70-year-old woman at University Hospital in Tamarac. Even the prosecutor who lost the case agreed with the verdict. The six-person jury took less than 15 minutes to acquit Julio Arce, 54. If convicted, the married father of five from Plantation would have faced a maximum punishment of 30 years in prison. The patient, a Hollywood woman who suffered from dementia, died five days after the alleged September 2008 incident. With no DNA evidence, it came down to the word of one professed eyewitness against Arce's. Nurse's aide Veronica Richards testified that she entered the incapacitated patient's room on Sept. 7, 2008, and saw that the curtain had been drawn around the bed. When she took a peek, Richards said, she saw Arce performing a sex act. When Arce saw her, Richards said, he "scrunched down," and she turned and left the room. Arce, a soft-spoken man, took the witness stand to say that when the nurse's aide entered the room, he was standing at the patient's bedside, praying with his head bowed and his hands clasped in front of him. He took the verdict with quiet calm and gratitude. For the past year, he said, his life had been "turned upside down." When the jury was dismissed, Arce embraced his two tearful sons, daughter and wife. "I never questioned the sincerity of what she thought she saw," Arce said of Richards. "I don't hold any grudge against her." After the trial, prosecutor Justin Griffis said that though the hospital employee was "so certain about what she thought she saw" and never wavered, he believed the jury returned a "just and right verdict" based upon the evidence. Arce willingly gave samples of his DNA following his arrest, but no match could be made between him and the patient. Arce has been on administrative leave from Miami-based VITAS Innovative Hospice Care since the incident, a spokeswoman said.
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| August 27, 2009 |
| HIV-Positve Man Sentenced to 15 years in Prison for Biting Police Officer |
| Posted By Brett Schwartz |
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An HIV-positive homeless man convicted of biting a Miami police officer has been sentenced to 15 years in prison. A judge sentenced Johnson Jamerson, 35, at a Wednesday hearing. He was convicted in June of aggravated battery on a law enforcement officer, although he was originaly charged with attempted murder. Authorities say Jamerson attacked Officer Matthew Hall while trying to escape a police bus headed to jail. The man reportedly yelled that he had HIV and threatened to kill the officer before biting him hard enough to draw blood. Hall ultimately tested negative for HIV, the virus that causes AIDS, but only after months of taking precautionary medication that caused diarrhea, vomiting and nausea. Aggravated battery on a law enforcement officer carries a maximum prison term of 30 years as it is a first degree felony in Florida.
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| August 27, 2009 |
| Defendants in little Sherdavia Jenkins' death could face trial together |
| Posted By Brett Schwartz |
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| Damon Darling, 24, and Leroy Larose, 31, are each charged with second degree murder in the July 2006 killing of Sherdavia Jenkins, a case that caused widespread outrage as a result of the young age of the victim and amount of gun violence that occurs in that particular area. The State Attorneys Office, through a written motion has requested that the court allow both defendants to be tried together, however each with a separate set of 6 jurors. The State’s reasoning is to prevent the victim’s family from “reliving the personal tragedy twice.” She also argues that it is in the best interest of judicial efficiency since she says the evidence for both defendants is “virtually identical.” However, the defense strongly opposes such a motion on the grounds that a jury will presume “guilt by association” should the two be sitting together. Both defendants are claiming self defense. When this motion is heard, the judge will have to weigh the defendant’s right to his day in court and determine whether each would be prejudiced by trying both defendants together versus the pain the family will have to endure by making them testify in two separate trials.
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| August 25, 2009 |
| Man Tells Police He Sold Oxycodone to Pay for Tuition |
| Posted By Brian Blades |
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A Melbourne man who claimed to sell drugs to pay tuition was arrested after a series of oxycodone transactions with an undercover police investigator, according to recently released affidavits.
Andrew Lee Wiseman, 29, faces at least six felony drug-related charges following the deals that began with an Aug. 12 sale of 10 oxycodone pills, which he referred to with the street name "blueberries," police said.
The final transaction occurred last Friday when Wiseman, sold an undercover Special Investigations Unit officer 145 oxycodone pills for $2,250, the affidavits said.
Police reports gave the following account:
For the first transaction, Wiseman met the undercover investigator in the 1700 block of Northwest St. Lucie West Boulevard. He told the investigator earlier he needed $40 in gas money for the drive from Melbourne to Port St. Lucie.
After his Friday arrest, Wiseman told investigators he'd been selling drugs for a "few months." He said he's been doing so to pay his school tuition.
The school Wiseman reportedly attends was not specified.
Wiseman faces charges including three counts of possession of a controlled substance, two counts sale/delivery of a controlled substance and a single trafficking of controlled substance charge. All are felonies.
As in any drug related offense, the degree in which someone is charged depends on the amount of narcotics involved. In this case, it seems as if the charges were based upon the number of individual transactions and the amount of narcotics in each. Each count for possession of controlled substance is a third degree felony, which carries a maximum of five years in Florida State Prison. The two counts for sale/delivery of a controlled substance each carry a fifteen year maximum prison sentence as they are second degree felonies. Finally, the trafficking of a controlled substance carries a minimum mandatory prison sentence not less than three years in Florida State Prison.
The attorneys at Hager & Schwartz, P.A. have extensive experience in defending drug possession, drug sale and drug trafficking cases. We have been extremely successful keeping our clients out of jail and getting minimum mandatory prison penalties waived for our clients on drug trafficking charges. If you or someone you know is facing jail/prison as a result of a drug related offense, call Hager & Schwartz, P.A. immediately to schedule a free consultation to discuss how our experienced attorneys can help you.
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| August 25, 2009 |
| Coroner rules Michael Jackson’s death a homicide |
| Posted By Brian Blades |
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The Los Angeles Coroner has ruled Michael Jackson’s death a homicide, according to the Associated Press. Such a finding makes it more likely that criminal charges are forthcoming against Dr. Conrad Murray, the doctor who was with the pop star when he died on June 25, 2009. The designation of homicide in California means that Jackson died at the hands of another, but does not necessarily mean a crime was commiteed.
Forensic evidence confirmed that the powerful anesthetic Propofol acting with at least two other strong sedatives caused Jackson’s death.
Dr. Murray said he’d been treating Jackson for insomnia for about six weeks with 50 milligrams of Propofol every night via an intravenous drip. But he said he feared Jackson was forming an addiction to the anesthetic, which is normally used in hospitals only, and was attempting to wean his patient by lowering the dose to 25 milligrams and adding the sedatives Lorazepam and Midazolam. It was the combination of these sedatives acting together that caused the singer’s death.
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