Prosecutors Won’t Seek 15-Year PRR Max Sentence for Sex on the Beach

Ed Brodsky, the elected State Attorney for the circuit including Manatee County and Bradenton, announced yesterday that he will not be seeking the full 15-year prison sentence that was expected for Jose Caballero. Caballero was one half of a

Jose ‘Benny’ Caballero

couple that were convicted this week for having sex on the beach in Bradenton. Because he was released from prison within 3 years of the offense, he was facing Prison Releasee Reoffender sentence, which would have mandated the maximum 15 years, to be serve day for day (no time off for good behavior).

Apparently, Brodsky has relented, after the case brought the attention of Families Against Minimum Mandatory sentences (FAMM). As we pointed out on Crimcourts: it costs about $18,000 per year to incarcerate someone… an his full sentence could have cost taxpayers $270,000. He’s still going to be looking at some time, but thanks to some magnanimity from the prosecutor, not a full 15. The judge would not have had discretion, had the state proceeded with the PRR sentence.

Bill Clinton Admits Error on Overreaching Mandatory Prison Sentences

You won’t find me agreeing with Bill Clinton on a lot of things, but he has come out today to speak out against the harsh sentencing policies that he helped put in place when he was president. I have written many times on the problems of mandatory sentences, from unjust results due to a lack of judicial discretion, to the lack of deterrent effect they actual have. See Marissa Alexander. The pros do not outweigh the cons in most instances. My last post about the man in Bradenton facing 15 years (and $270,000 in taxpayer expense for incarceration) is merely exemplar of a bigger problem.

The good news is, there is an interest in change, and it’s apparent on both sides of the political spectrum. From John Oliver’s takedown of the racist results of decades of draconian sentencing policies, to Senator Rand Paul’s criticism of harsh sentences for Marijuana, there is a real movement developing for common sense in sentencing. The reasons are plentiful for fiscal and moral grounds and in the interest of real justice.

Bradenton Couple Guilty of Sex Crime for Sex on the Beach

Clip of Video

The Sex on the Beach trial that started last week in Bradenton, and provided wildly entertaining salacious testimony in the Manatee County Courtroom, wrapped up Monday. The case had enough media attention that it featured the elected State Attorney, Ed Brodsky, personally representing the State in the prosecution. After closing arguments, the jury did not need much deliberation, returning with a guilty verdict after only about 15 minutes.

Jose ‘Benny’ Caballero

Defendants Jose Cabellero, 40, and Elissa Alvarez, 20, are facing up to 15 years in prison, each, for the second degree sex-offense felony of lewd exhibition in the presence of a minor. The situation looks especially dire for Mr. Caballero, who apparently qualifies as a Prison Releasee Reoffender. He qualifies because he was released within the last 3 years for a cocaine trafficking sentence. The PRR statute is particularly onerous, as it requires the judge to sentence him to the maximum, to be served day for day (no time off for good behavior). The statute under which he is charged essentially treats him the same as someone who actually molests a child, even though there was no testimony of any actual danger to the child, merely that the child was present: it’s the same statutory section as child molestation.

Elissa Alvarez

Ms. Alvarez is in a substantially better position. While she’s facing up to 15 years in prison as a sex offender, she probably does not score out to mandatory incarceration (it appears she has no prior record). Further, she is young enough to potentially qualify as a youthful offender [Y.O.], which gives the court even greater latitude in sentencing. A Y.O. sentence may be particularly appropriate give her youth, lack of history, and the fact that she  may have been influenced by her older co-defendant.

If you haven’t yet, check back at the previous coverage, particularly the full story with video and pictures, as well as the live tweeting by the Bradenton Herald’s incomparable @KateIrby. Also, there are clips of the incident available online. There’s the real irony: these two are facing felonies and prison time for doing something that can be freely shared on the internet. While it may have been offensive (and I’m not advocating exposing children to such adult behavior), the video was shown over and over again during trial, and nobody was harmed. Caballero may get 15 years, and we’re going to pay for it. PRR sentences were created to protect society from the most dangerous offenders… and he ain’t it.

Also, it costs $18,000 per year on average to house an inmate in Florida. While he’s going to regret his indiscretion for 15 years, the taxpayers of Florida foot the bill… all $270,000.

The Best Thing on the Internet Today is the Sex on the Beach Trial in Bradenton

Follow the full live tweet with Bradenton.com’s Kate Irby: @kateirby

So far Grandma, and Great-Grandma have testified to the incident, and that their young grandchildren saw it. Because young children are alleged victims, the charges are felonies. That means the defendants could be facing prison time, felony convictions, and possibly sex offender designations. The testimony so far is engrossing…

Earlier: https://crimcourts.wordpress.com/2014/07/22/sex-on-the-beach-isnt-a-drink-in-bradenton/

Bradenton Sex on the Beach Case is in Trial

Video of Sex on the Beach

Trial is underway for the couple charged with lewd and lascivious exhibition for allegedly having sex on a Bradenton Beach a few months back. Salacious!

http://www.bradenton.com/2015/05/01/5775622/couple-charged-with-having-sex.html

Crazy Florida Keeps Acting Crazy

Naked Guy from NAPLES

The downside of being busy and not getting to keep up with the blog the past few weeks, is that craziness, in particular that Hiaasen-style only-in-Florida craziness endemic to the Sunshine State, has provided so many incidents that I can’t keep up. Just in the news today, a naked man tackled an old guy in Naples. Didn’t rob him, nothing sexual. Some drunk guy just got naked and tackled an old guy.  He got himself a felony for Battery on a Person over 65. Just another day in Florida…

Human Pterodactyl from Legoland

That’s not as bad as the guy in Polk County, who ran around Legoland’s water park claiming to be a Pterodactyl, squawking like a giant flying dinosaur. He’s also a SW Florida original, visiting the park from Port Charlotte. He was also drunk. Richard Campagna managed to earn himself a felony for Battery on a Law Enforcement Officer, for splashing the cop that tried to catch him in the Lazy River, plus disorderly conduct, resisting arrest, etc.

Accused Molester Raymond Frolander

National news covered the father who beat up another man that he says he walked in on sexually abusing his son. This is absolutely not a humorous story, but dad’s stark honesty is amazing.  He made no apologies for rearranging the guy’s face: when the cops asked if he had used a weapon, he said no, just his fists and his foot, and says he would have killed him but for his son’s pleas for mercy. He told the dispatcher, “He is nice and knocked out on the floor for you, I dragged him into the living room,’ the father said. ‘Send an ambulance. He is going to need one.” The cops didn’t begrudge him for his actions, and have not charged him with anything. The alleged accuser, Raymond Frolander, 18, apparently admitted that he had been abusing the boy for several years. The dad could be in trouble for beating the abuser, as discovery of abuse is not a defense to the crime of battery: legally Defense of Others is a defense, but it is only valid while the danger is imminent. And you would be hard pressed to find a law enforcement agency that would want to prosecute under those circumstances.

Michael Doster

However, the craziest story out of Florida in the past week is the man who’s wife died after confronting him over a sexual encounter on a nude beach the other day. Apparently, Pamela Doster caught Michael Doster and another man giving each other oral sex, which understandably did not sit well with her. After that, a bizarre confrontation ensued, that may have involved him striking her and knocking her off their jet ski several times. He gave a statement to police that she refused to get back on the jet ski, and that he called 911, who sent officers out to the sand bar to collect her. She was taken to the hospital and later died, though the cause is unclear. He has been arrested for domestic battery, but could end up facing a murder charge if he actions directly led to her death. It will be interesting to see if there was something intervening that caused her death, or if he caused it, whether he will be charged with manslaughter or murder. It’s a bizarre case that won’t be resolved for a while, though authorities are calling him a suspect in her death. Police are also looking to speak with the other man from the sexual encounter. It also occurred in Manatee County, which just had another public sex situation in the news. Only in Florida…

Sex on the Beach isn’t a Drink in Bradentonradenton

Video of Sex on the Beach

A couple was arrested in Bradenton for Lewd Exhibition for having sex on the beach in full view of dozens of beachgoers, including children, and a grandmother who taped them. Their brazenness is impressive, apparently they were doing it for 25 minutes, passed out for a while, then woke up and started at it again before someone stopped them, and called police. It was the second session that granny recorded.  Just another day in Florida…

via Fox 13: http://www.myfoxtampabay.com/story/26073588/pair-charged-for-sex-on-bradenton-beach

Mug Shots, via Fox13 Tampa

Bradenton Man Arrested for Giving Wedgies : Only In Florida

Charles Ross

Atomic Wedgies! Charles Ross was arrested for delivering wedgies outside a movie theater in Bradenton, Florida. Apparently he was filming them to post to YouTube, as he has with other videos of him putting people in uncomfortable situations. I haven’t been able to find his YouTube videos.

The police got called, and somebody actually felt strongly enough about their wedgie to press charges. Battery is defined as an unlawful, unwanted touching. The statute is broad enough for charges to be brought. It’s silly, but the State can go forward on it, if they feel it’s worthwhile. Your tax dollars at work! Only in Florida! Thanks Tammy for the tip.

http://www.bradenton.com/2013/01/14/4351217/pulling-wedgie-prank-at-bradenton.html