Vanessa Barcelo, the 2017 Miss Miami Lakes that competed in the Miss Florida pageant, had been charged with battery from an incident that occurred at a party at her home several months ago. She hosted a party to promote her baking business, One Love Cakes, and her cousin over-indulged. She and other party-goers became concerned that the DJ was going to take advantage of the cousin, and grouped together to escort him out. That’s when the real trouble started…
Vanessa Barcelo, via facebook
Barcelo said she took an aluminum baseball bat and brandished it to intimidate the DJ, though she never touched him. She says he proceeded to grab the bat out of her hand and swing it around, before he handed it to a community security guard. A friend of Barcelo’s then struck the DJ, knocking him to the ground, at which point Barcelo jumped on top of him and slapped him. She testified in court that she did not know if he still had the bat, and she was afraid for herself and her guests. The court found her actions to be reasonable, and dismissed the battery charges against her.
Florida’s Stand Your Ground law gives the Defendant a chance to have their charges dismissed at a hearing prior to having to go to trial. Governor Scott recently signed a new law that shifts the burden to the State to demonstrate they are justified in going forward at that hearing, a change opposed by prosecutors, for obvious reasons. A judge in Miami found the law change to be unconstitutional, but that won’t affect other cases until it is subject to appellate review.
Posted in Criminal Law, Florida, Miami / South Florida, Stand Your Ground
Tagged baseball, battery, miami, miami lakes, self defense, stand your ground, vanessa barcelo, weirdbattery
Tails Seized by Monroe SO
A Miami man caught with a bunch of undersized lobster tails was arrested and given bond totaling 1.4 million dollars in Monroe County. Now, to be sure, he got caught with a lot (246) of undersized lobsters, and he has actually been caught stealing undersized lobsters before, so this isn’t his first rodeo. Still, a bond as high as the annual salary for an NFL player might be a little on the high side.
Unless this guy, Jorge Vargas, has massive independent wealth (which I doubt, since he’s stealing seafood), this is essentially a no bond hold. The court is directed to take into account a lot of things when setting bond, including his means to pay, his likelihood of showing up to court dates (he’s apparently missed them before), the threat to the community, and prior record. While his record of similar offenses, and especially if he’s missed a court date on criminal charges, would suggest a higher bond, that is an awful lot of zeros to put up there on a fish case. To be entitled to a no bond hold (pretrial detention without bond), the state has to make a showing of the strength of their case, and why no bond could protect the community. There’s no indication that this guy is violent or anything like that, so the bond is likely too high under Florida law.
This case may be ripe for a habeas corpus, essentially an appeal to the higher court to order the lower court to reevaluate the bond on the case. Even if he gets the bond lowered, it will still be relatively high due to his record, and the volume of lobster he had taken. And even if he can post bond, that’s just to assure his presence in court… he may be facing some substantial incarceration if he is ultimately convicted of 246 counts of possession of undersized lobsters!
When I heard about this murder case, I was confused because I also heard it was a choking case. Horrifically, I was not given bad information: it is a choking case, and Richard Patterson claims the woman choked on his member. Trial is underway, and Patterson’s attorney argued a motion to allow the jury to see his penis. Reportedly, the state does not object: what can they say if that is the defense he claims. Defendants have broad latitude to present and argue their defenses.
At issue is whether or not the penis will be erect… The state argues that it should be erect, for proper context. That actually kind of makes since, as the Defendant is arguing that she accidentally choked while giving him oral sex. It appears there will be no dispute that she was otherwise healthy and died of asphyxiation, but to prove second degree murder, the state will have to show that the defendant cased the death by an act that was “imminently dangerous” AND “demonstrating a depraved mind without regard for human life”. An accidental death during consensual sexual activity would not meet this standard, though the State is likely to argue that his story doesn’t make sense. The Defendant indicated in his motion that they intend to call the Broward Medical Examiner who will testify the death is “consistent” with accidental asphyxiation during oral sex. This could end up being the trial of the year…
The trial started yesterday, and a jury has been selected. The judge has not ruled whether the penis will need to be erect for the jury demonstration. The death occurred in Broward county in 2015, and Patterson is facing life in prison if convicted.
Posted in Criminal Law, Florida, Miami / South Florida, Whimsy
Tagged broward, choking, deathbypenis, margate, murder, only in florida, richard patterson, sexcrime, trial
Ana Maria Cardona, via DOC
Ana Maria Cardona, the first woman on Florida’s death row for killing her own child, has had her conviction reversed a second time. While the Florida Supreme Court found that ample evidence was presented to allow the jury to find her guilty, the Court ruled that Prosecutors erred by using inappropriate, inflammatory arguments. “As we have stated for decades, we expect and require prosecutors, as representatives of the state, to refrain from engaging in inflammatory and abusive arguments, to maintain their objectivity, and to behave in a professional manner…” Cardona will be given a new trial, though the death penalty will be in question as the death sentencing procedure in place at the time of the offense has been found to be unconstitutional.
This was Cardona’s second trial, and the first was also thrown out for prosecutorial ‘error’. The court found that the prosecutors failed to disclose additional, contradictory statements, which is a clear violation of the discovery rules. Cardona will still face a third trial, and mandatory life in prison if convicted, even if the death penalty is reinstated.
None of these opinions say that she did not do it, nor that her actions were not horrible. The poor child was found beaten and abandoned, dubbed ‘Baby Lollipops’ by the press as investigators sought to determine who the child was. While the facts are atrocious, and supported the Heinous, Atrocious and Cruel [HAC] findings, the court is simply requiring the state to make appropriate arguments. It often seems that the prosecutors are held to a higher burden of decorum when presenting their case than defense attorneys… I certainly felt that way when I was a prosecutor, but it’s appropriate to ensure that the government act in an appropriate and ethical manner at all times. Any time the freedoms, and especially the life, of a citizen is on the line, there must be no indication of improper influence to obtain a conviction.
Posted in 4th Amendment - Search & Seizure, 6th Amendment - Fair Trial, Criminal Law, Florida, Miami / South Florida, Uncategorized
Tagged ana cardona, appeal, child abuse, closing arguments, death penalty, miami beach, murder, trial
- Noe Dejesus was arrested for DUI in Collier County after being clocked at 109 coming across Alligator Alley
- Dejesus was butt naked when cops pulled him out of the car
Law enforcement received several calls of a car driving recklessly, and soon thereafter, troopers spotted Mr. Dejesus’ Cadillac going about 110 on I-75 Alligator Alley. Troopers pulled him over, and observed alcoholic beverage containers in the car. When they asked him to step out, they found out that he was completely naked.
Also inside the car were three women, several beer bottles, and a nearly empty bottle of Crown Royal Whiskey. They asked Dejesus to complete field sobriety exercises, but he declined to do so, and was arrested for DUI and driving without a license, both misdemeanors. Judging by his mug shot… he might have decided it was worth it.
It is unknown where he was coming from, but he was heading in the direction of his home in Lehigh Acres, and from the direction if he had been in Miami. No information was given about his lady friends.
Posted in Criminal Law, DUI, Florida, Miami / South Florida, Naples / Collier / Southwest Florida, Uncategorized
Tagged alligator alley, collier, crown royal, dui, lehigh acres, miami, mug shot, speeding