The Naked Hamburglars are Still At Large

Screen Captures of the Naked Hamburger Thieves

The three naked young men that broke into Doc’s Beach House a few months ago have not been caught… but remain a topic of conversation, especially as the snow birds come back to town. They are still officially wanted by authorities…

Supreme Court to Consider When Facebook Threats are True Threats

The Supreme Court is going to hear a case next week that will determine when threats posted on social media, in this case Facebook, rise to the level of a true threat. The case in question dealt with comments Anthony Elonis made toward his estranged wife (and others). He was convicted, sentenced to prison, and the case already upheld by the 3rd Circuit.

While the 1st Amendment gives protection to speech, that protection does not extend to ‘true threats’. This case will examine when musings posted on a Facebook wall are protected, and when they go to far. It will have ramifications in Florida, which has harsh punishments for Written Threats, which include social media posts under Florida law.

See Also: Felonies for Facebook posts

*UPDATE: The conviction was overturned, as the jury must also determine whether the Defendant intended for his words to constitute a threat.

CNN Wants to Remind You it is Legal to Record Officers

CNN, as part of their Ferguson coverage, did a video piece on whether it is legal to record police officers. Yes, yes it is…

In the words of Jeffrey Mittman, the legal expert they spoke to, “you have an absolute right to make a document, a recording, of interactions with a government official.” He goes on to say it is improper for an officer to suggest otherwise. It was an issue with previous Ferguson protests where officers repeatedly told people to stop recording. People cannot physically interfere with an officer’s investigation, but merely making a recording does not do that. That’s a Constitutional right under the First Amendment.

http://www.cnn.com/video/api/embed.html#/video/us/2014/11/19/erin-dnt-sidner-police-mistrust-ferguson.cnn

Punta Gorda Woman Tries to Use 911 as a Dating Service

Maria Montanez-Colon

Maria Montanez-Colon made news in February when she called 911, looking for a cop to give her some extra duty. When the cop refused, she called 911 and asked them to send her another one! She went to jail for that incident for misuse of the 911 system. Well, she’s at it again, but this time she wasn’t so friendly with the cops, finally becoming verbally abusive. She has been booked back into the Charlotte County Jail for the same offense. Officers indicate alcohol was a factor both times, and apparently she has had trouble dealing with her husbands’ death. Hopefully, she can get some help.

http://www.nbc-2.com/story/24808583/woman-defends-her-actions-after-arrest-for-using-911-to-hit-on-officer

Former State Attorney’s Office Employee Enters Guilty Plea to Child Porn

Warren Hamilton, who used to work at the State Attorney’s office in Fort Myers, entered a guilty plea to child pornography charges yesterday in Federal court. It did not go well. Hamilton apparently refused to admit to the allegations. According to reports, he finally entered a plea, but never admitted to knowingly downloading porn. He told the court that some of the images ended up on his computer, and he was trying to investigate, and that in doing so he “ended up downloading some images and files.”

It may come across to the court that he isn’t sincere, or isn’t taking responsibility for his actions… and that’s not a good thing. According to NBC2, he’s facing from 5 to 30 years for the charges he pled to. He is out on bond awaiting sentencing when he comes back before the court. I doubt that his claims about accidentally downloading some child pornography will impress the judge, especially considering that he worked in the IT department for the State Attorney’s office for a long time.

Cape Coral Considers Purchasing Police Body Cams

According to Wink news, Cape Coral is considering purchasing body cams for the police department.

Crimcourts recommends the cameras, for the quality of law enforcement and for the protection of officers. The people of Cape Coral will benfit from this kind of expenditure.

Cape Coral PD to get Body Cams

Cape Coral has approved the purchase of body cams for Cape Coral police officers. It’s a $300,000 purchase, but it will improve law enforcement and help protect officers. That’s a good move for the city and the people of Cape Coral. They hope to have the cams up and running by next summer.

Kentucky Man Kills Hit Man that he Hired to Kill His Family

Ryan Champion Mug Shot

Ryan Champion, from Cadiz, Kentucky, hired a hit man to kill his family. That man, Vito Riserverto, came to the house and shooting started, but it’s not yet clear how things went down. The result ended up being that Champion’s parents and sister were killed, as was Riserverto. Ryan Champion initially presented himself as a victim, telling the press that he had been able to “turn the tables” on Risoverto. He is now charged with hiring Risoverto to kill the family, and for killing Risoverto, presumably to avoid having to pay him off. It is still unclear who was the actual shooter in the family’s killings.

The initial story on the Champion family murders: http://www.wsmv.com/story/27052841/neighbors-remember-family-killed-in-shooting

Ryan Champion arrested: http://www.kfvs12.com/story/27179545/ksp-man-charged-with-killing-family-in-trigg-county

 

Arrest Warrant Issued for Tracie Huner

Soon to be former Cincinnati judge Tracie Hunter has a warrant out for allegedly missing court on a speeding ticket. Her attorney says she inadvertently got the dates mixed up and will address in court, soon.

Has FWC Been Lying to US About Alligator Harassment Laws?

• The Haligator, Hal Kreitman, the Alligator Whisperer, arrested
• FWC is misrepresenting the law regarding alligator harassment
• The Alligator Whisperer should not be facing a felony

Alligator Warning Sign

FWC, the Florida Fish and Wildlife Conservation Comission, has been telling everyone for years that it is illegal to harass alligators, Florida’s official state reptile. Signs like the one on the left warn people against feeding or molesting (which means to bother them, not in a sexual context). So it came as no surprise a week or so ago when FWC arrested Hal Kreitman, the “Haligator”, the self-proclaimed ‘Alligator Whistperer’ for “harassment of a protected species” according to their press release on Facebook. However, after a review of the laws related to Alligator protection; I’m not sure that FWC is right about the charges they have leveled.

Hal “Haligator” Kreitman, courtesy FWC

Who is the Alligator Whisperer? According to a profile by Kyle Swenson of the new times, “Florida’s Best Alligator Whisperer is a Sex-Partying, Bodybuilding Felonious Chiropractor.” Having been convicted of multiple counts of fraud related to an insurance-fraud scheme at the chiropractor’s office where he worked, Mr. Kreitman was in a low place when he ventured out into the Everglades and decided to get close to alligators. He started interacting with them, and then began advertising an “Alligator Experience“, where he would take tourists out into the Everglades for an exceptionally close encounter with wildlife. Unfortunately for him, the ads and media coverage caught FWC’s attention, and he was arrested after an undercover operation, as documented by the local CBS affiliate.

Kreitman has been charged, among other things, with a felony, under the statute prohibiting “Illegal killing, possessing, or capturing of alligators…” Here’s the problem… he did not kill, injure, possess, or capture any alligators, nor attempt to do so. FWC thinks that “harrasing” alligators is a crime, but it’s not according to the statutes. FWC claims in its “case of the week” press release that interacting with alligators “in this manner in the wild is considered harassment of a protected species, and it is illegal under Florida Statute.” Except, it’s not. The law does not say what FWC claims it says. The statute is written to prevent poaching of alligators, at no point does it say anything about the “harassment” of alligators. The FWC wants the law to read how they interpret it, but the plain language does not prohibit interacting with alligators, and the State has improperly charged Mr, Kreitman with a felony. The FWC is wrong, and they have been misleading us the whole time.

There is a separate law against feeding alligators, or enticing them with food. So far I haven’t read any news reports that indicate that anyone saw the alligators being fed. Reports indicate that a quantity of raw meat was found in Mr. Kreitman’s vehicle, though Mr. Kreitman has indicated on his Alligator Experience Facebook page that there was no warrant when the vehicle was searched. Another violation of Mr. Kreitman’s rights by FWC, who apparently is not that up to speed on either the alligator statutes or the Constitution. The feeding alligator charge is only a second degree misdemeanor, the lowest level of criminal offense… much less serious than a felony.

Haligator in Action, via his Facebook page

Mr. Kreitman has apparently responded on his Facebook page, “if there’s anybody that thinks I did anything wrong legally or not please express your opinion. FWC keep your dukes up because we’re going to have a fight and you’re going to lose you drummed upl malicious charges. intent to kill capture or possess an alligator and or its eggs you have nothing to charge me laugh but make up one charge give me an ROR on that and laughed at it too..you don’t realize I’m doing good out there but I can’t wait to see you in court so I know you’re reading this I love how you said you had an intense sting operation I was expecting you you didn’t think I knew that girl that called me wasn’t one of you.”

The government has sought to revoke Mr. Kreitman’s bond based on the charges, but according to his attorney, Ed Salantrie, the judge has not revoked it at this time. Kreitman also spoke to Sky News, and denied doing anything wrong. Even Good Morning America has gotten in on the story. After reading the felony statute, and not the FWC ‘company line’ claim that harassment is a crime, I have to disagree with FWC. The felony charge appears to be wrongly filed.

For more info:

• check out the original bio: http://blogs.miaminewtimes.com/riptide/2014/10/hal_kreitman_is_having_a.php
• Definitely read and watch the CBS story: http://miami.cbslocal.com/2014/10/31/journey-into-the-everglades-with-the-alligator-whisperer/
• And Mr. Kreitman, the Haligator, has been updating responses on Facebook: https://www.facebook.com/gatorexpierence
• The FWC has resources, but check out the actual alligator statutes, which FWC has conveniently compiled here: http://myfwc.com/media/1531908/alligator_rules_booklet.pdf

Now, even though the law may not prohibit interacting with alligators, it is still a bad idea. When alligators lose their fear of humans, they are more likely to approach, and become more dangerous. The next person who comes along could be more likely to be attacked, it might be some kid, and the alligator could end up being destroyed. Also, alligators are dangerous and you could lose a body part, or as they say on Gator Boys, you “could be consumed (consumed means eaten.)” Please enjoy our wildlife at a distance.