Upcoming Case to Challenge Florida’s Mass Shooting Threat Law

Is it a crime to post a joke about a mass threat? Florida’s law makes it a crime to publish such a threat, including posts on social media, and does not require that there be an actual harmful intent. In a few weeks, a Florida appellate court will determine if the law will stand.

David Puy, and 18-year old in West Boca Raton, made a post on Snapchat that said, “On my way, school shooter!” He says he was actually on his way to meet friends for dinner, and meant it as a joke. There’s no indication he had nefarious plans, or even owned any guns, but posting the language that sounds like a threat made it a crime. The fact that he claims to be joking does not make a difference under Florida’s latest version of the threat law, updated after the shooting a Marjory Stoneman Douglas High School in Parkland, Florida.

Puy challenged the law unsuccessfully at the trial level, and the case is now on appeal. It’s’ believed to be the first to challenge the Constitutional validity of the new version of Florida law. The issue is whether or not his words, which do not meet the historical definition of a true threat, are protected by the First Amendment. The appellate court is scheduled to hear oral arguments March 10, though it will likely be several months before the ruling is released.

It is Illegal to Possess a Florida Panther*

It is Illegal to Possess a Florida Panther* (*Unless you have a permit)

A large cat, apparently a Florida panther, was located in a residential neighborhood in Parkland, Florida and successfully captured by wildlife officials. Residents noticed the cat and contacted authorities, who were able to safely tranquilize and capture the cat. The cat was wearing a collar, which suggests that it may have been an escaped pet. Authorities initially believed the cat was a endangered Florida panther, but there are none permitted in the area. Further consideration suggests it may not have been a Florida panther, a rare subspecies of cougar native to Florida, and under greater protection as an endangered species. The fact that the animal had a collar, and due to the rarity of Florida panthers, particularly in Broward County, (and since none are permitted near there,) it is more likely a common puma, aka cougar.

Cougars/Pumas/Florida Panthers/Catamounts or whatever name you wish to call them… they are still wildlife that requires a permit to be kept in Florida (I believe they qualify as Class I animals, which could present a danger to the public.) Regardless, it is also a violation to fail to keep a permitted animal safely caged or restrained.

via Brandon Beyer

*Update: Apparently, to obtain a permit for Class I animals such as cougars, one must have at least a year of practical experience in the husbandry of that species, or at the genus level (Puma) of cougars and panthers.

The Large Penis Defense Worked! Richard Patterson Found Not Guilty

Richard Patterson

Richard Patterson, who’s attorney claimed that his girlfriend accidentally choked to death on his large member during oral sex, as opposed to being intentionally choked, has been found not guilty by a jury this afternoon. Patterson did not take the stand, but the Defense presented testimony from the former county medical examiner that her injuries could be consistent with choking to death on his member. Medical testimony from the state called that theory into question, but the associate medical examiner could not state for certain the manner of death. The jury was not able to find beyond a reasonable doubt that the death was murder, and Patterson is a free, well-endowed*, man.

In fact, his attorney conceded that the explanation of death while performing oral sex was unlikely, but shifted his focus that the death could have been from a heart attack or other accident. While her body was decomposed, her throat cartilage was not broken, leaving open the possibility of an accidental death. Prosecutors could not prove the cause of death, nor how long she had been dead, which complicated their burden of proof, on an extremely complicated case.

*Presumably well endowed, as the defense decided not to put his penis in evidence, nor to show it to the jury…

#onlyinflorida

The Penis Defense Case is going to the Jury

Richard Patterson

Attorneys for Richard Patterson, accused in the choking death of his girlfriend, Francisca Marquinez, are doing their closing arguments today, and the jury should begin deliberations this afternoon. The case has made headlines after Patterson’s attorney filed a motion to allow the jury to view his client’s penis. Apparently, he decided against the presentation, as he rested the defense case before the court had to rule on the motion. The Defense did present the former Broward County medical examiner, who testified it was possible that the victim could have choked during oral sex. Previously, the state presented testimony from a current associate medical examiner, who testified about why it was unlikely she died this way, but that he could not rule on the manner of death due to the body’s condition when it was discovered. Prosecutors argued in closing that Patterson did not call 911 right away, which might be expected if the injuries really occurred accidentally, in addition to pointing out other statements by Patterson. The jury could reach a verdict later today.

Our original story on the case: https://crimcourts.wordpress.com/2017/05/17/florida-man-to-use-penis-defense-in-murder-trial/

#onlyinflorida

 

Florida Man to Use Penis Defense in Murder Trial

Richard Patterson

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.

When Can Juveniles Be Tried as Adults in Florida?

Recently, Crimcourts covered the 9-month-old in Pakistan charged with attempted murder. That got me thinking about the rules in Florida, and how old someone has to be to be tried as an adult, as there have been some high-profile cases of young people being tried as adults. For certain serious offenses, there is no minimum age for children to be tried as adults in Florida. According to a juvenile sentencing report by the University of Texas, there are examples of 11-year-olds being charged as adults, and that theoretically a 7-year-old accused of murder could stand trial as an adult. For less serious offenses, children over age 16 can be charged as adults at the discretion of the prosecutor, even for misdemeanors if they have priors.

Christian Fernandez

Florida was recently in the news for the case of Christian Fernandez, a 12-year-old charged as an adult in Jacksonville, who faced mandatory life in prison without parole if convicted at trial. Ultimately, Fernandez plead to a deal that allowed for him to be sentenced as a juvenile, and he will remain incarcerated until he turns 19. That’s the most recent of a history of aggressive prosecutions of juveniles.

Lionel Tate at 14

Florida made news several years ago when Lionel Tate, who was also 12 at the time of his offense, lost at trial and was sentenced to life in prison. He was the youngest person in America to have been sentenced to life without parole, until his sentence was overturned on appeal. He then entered a plea deal that spared life in prison, and he ultimately violated his probation by committing a robbery. Tate’s case also garnered attention because he was convicted of felony murder, which means that he did not have to intend the death of the playmate he killed. It was a first degree felony murder because it occurred in the commission of child abuse, despite the fact that Tate was only 12, himself.

There has been a growing effort in Florida to amend the way juveniles are handled in relation to adult court. Currently, Florida prosecutors are given great power in that they have unquestioned discretion to “direct file”, that is to charge a juvenile in adult court. It most instances, the decision cannot be reviewed by a judge, or appealed. The Florida Times-Union did a fascinating examination of how prosecutors gained this power during a reactionary period 20 years ago when there were several high-profile attacks on tourists. This unfettered discretion could lead to abuses if State Attorneys use it unfairly.

The Florida Bar has a committee advocating for the Legal Needs of Children, who are pushing the recommendations from 12 years ago against the direct filing of juveniles. The committee has been advocating changes for years. The committee’s position was recently adopted by the Florida Bar’s Board of Governors as an official legislative position of the Florida Bar. This isn’t a minority advocacy group, or even a Defense oriented group, this is the position of the Florida Bar as a whole.

State Attorney Angela Corey

Rob Mason, an assistant public defender in the 4th circuit, and director of that office’s juvenile division, says that the State does use their power to unfairly coerce pleas from juveniles in his circuit. Angela Corey, who has raised red flags around here before, is the State Attorney there, in the circuit including Jacksonville. Mason’s allegations about her practices seem to be borne out in the record. He says that about 80% of the direct commitments handled by his office are threatened with being charged as adults, which entices a quick plea to avoid potentially longer sentences for those juveniles. Moreover, the Florida Times-Union reports more than 1400 direct commitments over the last four years. In contrast, there were only 34 during the same period Miami’s district, in spite of having about twice as many juveniles as Jacksonville’s. Further, 29 percent of the direct commitments in Jacksonville stem from misdemeanor cases. Those kids are likely receiving harsher sentences as juveniles that comparable adult offenders. It was Angela Corey’s office that filed Christian Ferndandez’s case in adult court, before relenting.

The great power afforded to prosecutors in Florida is unnecessary. It would not be a great burden to use judicial review for the appropriateness of such decisions. The majority of state attorneys probably do not abuse the discretion, but the numbers suggest that even one can negatively affect thousands of children. Judicial review would put a check in the system to ward off abuses, and still allow prosecutors to push for adult prosecution where it was appropriate: not just whenever it is convenient or advantageous to coerce a plea deal. That’s why the Florida’s Bar’s Legislative committee will now advocate for such a change.