Bill and Crystal Colwell were sitting at home minding their own business, when a naked man with a rake barged into their house. Crystal tossed a hatchet to her husband, but he grabbed a hammer out of his truck and “went to town” trying to fight the guy off. The guy, Maurice Castaneda, (or Castanedo) got several licks in with the rake, and Colwell suffered several lumps on the head and puncture wounds on his back and shoulder. The rake was shattered from the force of the attack.
Maurice Castanedo, via DOC
The Colwell’s suspect the suspect was on drugs. He retrieved his shorts from a nearby swamp and took off. Authorities called out the K-9 and helicopter, and were able to locate him a few streets over. He now faces charges for Burglary, Battery and Assault. Burglary with a Battery is a PBL (punishable by life offense) in Florida. I found a similar name in the Florida prison rolls: Maurice Castanedo has been to prison a couple of times: getting out for a robbery about 2 years ago. (There is another Castaneda, but that individual looks quite different- he happens to be on the sex offender registry). The distinctive Texas tattoo on this neck makes me fairly confident
“Castanedo” via rapsheets.org
this ‘Castaneda’ is the same as the Castanedo in the prison photos. The recent release date indicates he may be subject to being sentenced as a Prison Releasee Reoffender.
He may plead insanity, or try to use intoxication as a mitigating factor. Normally, voluntary intoxication is not a defense- but if it makes you so crazy as to eliminate intent, they might have a claim! Most likely, he’ll be back in prison for quite a while…
Posted in Criminal Law, Drugs, Florida, Mental Health, Texas
Tagged battery, burglary, crazy, drugs, florida man, k-9, maurice castanedo, rake, texas, weirdbattery
Lois Riess Lee County mug shot
Extradition complete, alleged killer-granny Lois Riess has arrived in Lee County, and at first appearance today, the judge determined she will be held without bail. Riess is currently facing second degree murder charges in the death of Pamela Hutchinson, who’s body was found a couple weeks ago on Fort Myers Beach. Riess allegedly killed her, stole her identity, her vehicle and cash, and used them to flee to Texas, where she was caught last week. Riess is also suspected in the death of her husband in Minnesota, though charges are still pending there. LCSO even had her delivered to the main office so they could give her a perp walk: a rare ‘honor’ not seen since they picked up Mark Sievers.
While the current charges are for second degree murder, the State could take the case to a grand jury to indict for first degree murder, as the murder appears to be premeditated. If the charges are upped to first degree, the state could decide to seek the death penalty, in light of the aggravating factors that Mrs. Riess may have committed the offense for pecuniary gain and to aid her flight from the earlier murder she may have committed. There may be mitigating factors, such as mental health issues: Texas has indicated that she suffers dementia. Insanity could be a defense, if the mental health disorders were so severe she could not tell right from wrong, though the fact that she may have plotted a murder to abscond on a previous murder would vitiate her insanity claim. The case will be interesting from a legal standpoint.
Lois Riess, ‘Losing Streak Lois’
Lois Riess, who is accused of killing a woman who looked like her in Fort Myers as she fled from charges of murdering her husband in Minnesota, was arrested a few days ago in Texas. Minnesota authorities have indicated that they will wait for Florida to prosecute her while they are still building their murder case against her. There is a warrant for murder charges out of Lee County, while Minnesota initially only filed theft related charges, but it is expected that murder charges will be filed when the investigation is complete. It remains to be seen if Lee County will seek to indict on first degree murder charges, or leave it at second degree. She will face life in prison either way, but the State could seek the death penalty if they up it to first degree murder.
Lois Riess, who was arrested in Texas and facing murder charges in Fort Myers and her native Minnesota, had an extradition hearing today. She waived her right to fight extradition to either state: so whoever comes to get her first can bring her back. It is expected that Florida will collect her first: Lee County filed murder charges while the murder case from Minnesota was still under review, and she could potentially be facing first degree murder charges for the tourist she allegedly shot to steal hear identity on Fort Myers Beach.
Apparently, some authorities are calling her “Losing Streak Lois”, due to her gambling losses at casinos… but she might have been apprehended to quickly for that to stick. This silver fox was not sly enough to avoid capture. The Star Tribune has good details of the alert restaurant employees that spotted her and helped authorities capture her in Texas. Likely, the prosecutors in Lee County and in Minnesota will talk and decide who will prosecute her first, and it would not surprise me if she ends up headed to SW Florida.
Posted in 10-20-Life, Criminal Law, Florida, Fort Myers / Lee County / Southwest Florida #SWFL, Gray Menace, Texas
Tagged extradition, fort myers beach, lois riess, losing streak lois, minnesota, murder, swfl, texas
Lois Riess, a possible serial killer who struck on Fort Myers Beach, has been captured. Authorities caught her in Texas on South Padre Island: a resort location about 45 minutes from the Mexican border. She faces charges for killing a tourist that resembled her on Fort Myers Beach, to assume her identity as she was hiding out for the murder of her husband in Minnesota. It remains to be seen if she will be transported to deal with her charges in Florida or Minnesota first. Her Lee County, FL case could potentially be a death penalty case, as it sounds like an intentional, pre-planned first degree murder, done with the intent to hide out from her earlier crimes. She was apparently captured when an alert restaurant employee recognized her and called authorities. She apparently missed the news that hiding out usually means laying low…
Posted in 10-20-Life, Criminal Law, Florida, Fort Myers / Lee County / Southwest Florida #SWFL, Texas
Tagged florida, fort myers beach, fugitive, lois reiss, lois riess, minnesota, murder, serial killer, swfl, texas
I’m a trial nerd… probably moreso than even the average lawyer. I watched the “The People v. O.J. Simpson” like I’d have to write a book report on it. My ultimate wish would be to be able to watch jury deliberations take place, that’s ultimately the room where it happens. But I like other trial experiences, from sitting in on live trials whenever I can, to all kinds of lawyer books and TV shows. That’s why I was pleased to be introduced to this article from the prosecutors of one of the Baylor rape cases (link).
Convicted Rapist Sam Ukwauchu
These prosecutors go into great detail their preparation and handling of the case, from the pre-filing investigation, to how their work paid off when the case went to trial. I recommend it for all criminal trial attorneys, and it should be required reading for those who prosecute SVU cases. I found the story via Deadspin, who has had lots of coverage or the Baylor sex scandal that brought down not only the football coach, but also the AD and the President, Ken Starr (yes, THAT Ken Starr). Congrats to these attorneys on a hard-fought win on a challenging, high-profile case.
TDCAA via Deadspin.
Former Browns QB Johnny Manziel
Johnny Manziel, who’s facing charges in Texas for allegedly striking his former girlfriend, was in court for a preliminary hearing. A reporter texted his attorney for a comment, and received a text back that appears kind of incriminating. The lawyer has indicated the text was meant for another attorney. Oops.
It’s bad practice to bad mouth your own clients… thought the temptation can be great on some criminal cases, but it’s a bad idea. It’s an even worse idea if you don’t pay attention who your texts are going to. Suggesting, say, that your client may have been doing something illegal might end up prejudicing your client if they decide to have him submit a pee test. That could be bad for the client, and for you.