After nearly a month of trial, and a second day of deliberation (the jury went home after a couple hours of deliberations yesterday evening), Lisa Troemner has been found not guilty of second degree murder. There was a chance the jury could have given her a lesser charge, but the Defense’s justifiable use of force case persuaded them, or at least gave them a reasonable doubt. In addition to Ms. Troemner testifying to her relationship with Trevor Smith, she stated that she was scared of him, that he was abusive and controlling, even violent the evening leading up to the killing (he had a BAC over .30). The Defense also presented expert testimony that she was suffering from battered spouse syndrome and even forensic expert testimony that indicated there had been a struggle at the apartment. The State countered with a week’s worth of rebuttal testimony, including counter-experts regarding battered spouse syndrome, and testimony from friends and family of Trevor Smith that in fact Troemner was the jealous, controlling party.
Troemner was facing life in prison if convicted of second degree murder, but she will likely be out of jail this afternoon. This is a huge win for Donald Day and the defense team, and another big Collier County loss for the State already this year… and expensive after a month of trial. Troemner had been in custody since the date of the arrest, in December, 2014. There was the possibility of a lesser charge, but the jury decided completely in her favor, complete acquittal. There is no appeal on a not guilty verdict.
First reported by Hot Story: https://twitter.com/hotstorycrime/status/962027561055219713
Court watchers have a couple of choices as 2018 gets underway. Two major murder trials have started in Lee and Collier Counties, and that’s after the former Naples Officer was acquitted at trial last week.
In Fort Myers, the trial of Placido Moreno-Torres started yesterday: he’s on trial for murder for a 2016 incident in Lehigh Acres where he shot his wife and the neighbor who tried to intervene in their domestic dispute. It will be an interesting case, as he is likely to claim self-defense, because the neighbor came onto his property trying to break up the altercation, and only then did he retrieve the firearm. He will claim self-defense (and previously filed a stand your ground motion that was denied), but he has an uphill battle if he brought a gun to a fistfight. He is also charged with attempted murder, because after he shot the neighbor and his own wife, he held the gun to his neighbor’s sister’s head and tried to shoot her, only to have the gun misfire. There’s no self-defense argument there. He faces life in prison with a 25-year minimum under 10-20-Life. NBC-2’s Jaclyn Bevis is in the courtroom with live coverage on Twitter.
In Collier County, jury selection is underway for Lisa Troemner who is charged with killing her live-in boyfriend at their Marco Island apartment in 2014. They had apparently been arguing for a while, when it became physical, and she stabbed him. She tried to resuscitate him unsuccessfully, then went to a nearby convenience store to summon help. Again, self-defense is likely to be argued here. Also, a review of the court file indicates the Defense has sought the assistance of a false-confessions expert to challenge her statement, a blood spatter expert, presumably to challenge the findings at the crime scene. The case has been going on for more than three years, including an appeal of some matter while it was pending. She has been in custody the whole time, and is facing life in prison. There are some 150 witnesses listed, and the trial will take weeks, maybe five or more. Patrick Riley from the Naples Daily News is on this one, and has been tweeting from the courtroom as well.
Posted in 10-20-Life, Criminal Law, Florida, Fort Myers / Lee County / Southwest Florida #SWFL, Naples / Collier / Southwest Florida, Stand Your Ground
Tagged collier, donald day, jaclyn bevis, lehigh acres, lisa troemner, murder, naples, patrick riley, placido moreno-torres, self defense, stand your ground, swfl, trial
Ricardo Vazquez Jr. speaks with his attorney, James Chandler, via WINK News
Ricardo Vazquez Jr. was acquitted by a jury today in Collier County of 4 counts of sexual molestation of two minors. Vazquez had worked at a Naples police officer several years ago. One of the counts could have earned him a life sentence, due to the accuser’s age. However, there was no physical evidence to back up the allegations, only the testimony of the accusers, and there were some inconsistencies in their statements. Vazquez was convicted of 2 lesser counts of misdemeanor battery, and sentenced to time served on those, since he had been in custody since his arrest in 2016. He will be released today, and is not a felon or a sex-offender. Vazquez had denied the charges all along, took the stand in his own defense, and it was demonstrated that the accusers did not like him. The trial started on Monday, closing arguments were yesterday, and they jury took the night off, and came back today to finish their deliberations.
Vazquez was represented by Naples attorneys James Chandler and Elizabeth Humann, who did an excellent job with a tough case. I spoke to Chandler, who said, “It was a great day for the Vazquez family and I am happy that their son and brother is returning home to them. It was a hard fought and emotional trial. Now it is time for Rick to try to return to life. I am extremely proud of our team.” It was a huge win on another big case for Chandler and his firm.
Posted in Criminal Law, Florida, Naples / Collier / Southwest Florida, Police
Tagged battery, collier, james chandler, lewd, naples, npd, ricardo vazquez, sexcrime
A Collier man caught a possible burglar trying to break into his car earlier this week. He confronted he man, who ran away, and tried to escape into a canal. Officers later found his body in the canal: presumably drowning is the cause of death, but the investigation continues.
21-year-old Naples resident Miranda Johns has been arrested for 3 counts of illegal sexual contact with animals. Apparently, she recorded herself having sex with two dogs, and sent the videos to her boyfriend. He reported he when the cops were called out to a domestic disturbance. CCSO reports they have recovered multiple videos. Johns bonded out, her arraignment is set for April 13.
No more details have been released at this time, and while I’m morbidly curious… I really don’t want to know!
UPDATE: follow up with more details here
Collier County Sheriff’s Deputy Scott Russell has been arrested for a DUI. He was involved in a crash while in his patrol vehicle, and taken to the hospital. Interestingly, while the arresting officer found signs of impairment, apparently there were no indicators of alcohol abuse. That would suggest, by process of elimination, that they may believe he was impaired by a controlled substance. (Note, many prescription drugs qualify as controlled substances.)
NBC-2 took a look at the actual cost to taxpayers of the prosecution of marijuana offenses. As a sample, they found that on one day there were 29 offenders in the Collier County jail for misdemeanor marijuana offenses. At a cost of more than $100 per day to house them, that totaled over $3,000.00 in incarceration fees- just for one day! Lee county, with a larger population, likely has even more marijuana offenders.
The costs calculated by NBC does not include the other costs: costs for the prosecutor’s office, court administration fees, and legal defense costs (because it’s a criminal offense, all defendants are entitled to have an attorney, and the state pays if they cannot afford it.) Some of these costs are offset by imposing financial assessments to the defendants… but the guys (and gals) in jail won’t be paying them.
Further, and one of the main complaints of those who are challenging are the collateral consequences: people are burdened with the stigma of arrest, they are followed around by their convictions and mug shots, and in Florida, a conviction also leads to a mandatory driver’s license suspension! That makes it even harder for people to put their mistakes behind them and to be productive members of society: if they can’t drive, a lot of people lose their jobs, for instance. That’s why it’s imperative to get an experienced criminal law attorney to represent you if you get arrested- even if it’s ‘just a little weed’.