A Fort Pierce woman had a unique excuse for the cocaine officers found in her car last week. Officers found Marijuana and Cocaine in the vehicle Kenneshia Posey was riding in with another person. When they asked her, she admitted the marijuana was hers, but denied knowing anything about the baggie of cocaine. When the officer asked how it got in her purse, she replied, “I don’t know anything about any cocaine. It’s a windy day. It must have flown through the window and into my purse.”
Officers were apparently unimpressed, as she was arrested and charged for both the marijuana and the cocaine.
Lee County ran an undercover prostitution sting over the weekend and picked up a hooker… Brianna Hooker. There were 14 more arrests from the operation, in addition to Ms. Hooker. The undercover detective invited her to a location where he was staying, whereupon she agreed to have sex with him, then asked if she could smoke up before she performed for him. She has an extensive history of drugs and theft related offenses, and is facing drug possession charges as well as a violation of her earlier probation for this new charge. As is so often the case, the drug abuse likely led to the theft and prostitution as she tried to feed her addiction. That’s likely the case for several of the co-defendants from this operation.
Daniel Rushing was arrested in 2015 when an officer mistook the glaze from his Krispy Kreme doughnut for Crystal Meth. He bonded out after 10 hours, even though he should not have been locked up at all. He sued the maker of the field test kit, as well as the city, who failed to properly train their officer on how to use the field test. They settled this week for $37,500. That’ll buy Mr. Rushing a lot of doughnuts!
This kind of thing happens more often than you would think. I saw a guy get arrested for patchouli that the officer said tested positive for heroin. A man in Ovideo was recently held for 90 days until a lab test proved that his drywall was not cocaine. He may be seeking an even more substantial lawsuit, that the taxpayers are going to end up footing. And to compound his problems, he may not be able to get the arrest record expunged because he has a prior history, which prohibits expungement under current Florida law.
News of this settlement comes as the City of Fort Myers seeks to finalize a settlement for wrongly arresting football star Nate Allen: which crimcourts will be following closely.
Posted in 4th Amendment - Search & Seizure, 8th Amendment - Bail and Punishment, Criminal Law, Drugs, Florida, Police
Tagged badcops, cocaine, daniel rushing, doughnut, drugs, krispy kreme, nate allen, orlando, oviedo
Attorney General Jeff Sessions issued a new memo indicating a policy change for Federal Prosecutors to “charge and pursue the most serious, readily provable offense”. This overturns a policy memo issued by Eric Holder two years ago, which instructed prosecutors to avoid charging defendants with offenses that would trigger long mandatory minimum sentences on many drug offenses, in an effort to reduce non-violent drug offenders in our over-crowded prison system.
Prosecutors praised the decision as they enjoy having as much leverage as possible to prosecute offenders, and felt handcuffed by the Holder Memo. Critics feel this is a return to harsh mandatory sentences that do not serve their intended purpose. Under this policy, federal prosecutors would be seeking a 10-year mandatory sentence for a kilogram of heroin. In contrast, the State of Florida mandates a 15-year mandatory minimum sentence for possession of more than 14 grams of heroin (about half an ounce). And yes, there are extended prison sanctions for marijuana offenders, as well.
Posted in Criminal Law, Drugs, Federal, Florida, Uncategorized
Tagged drugs, eric holder, florida laws, jeff sessions, mandatory minimum, new laws, sentencing
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.
A 21-year-old man tried to take off from an attempted traffic stop on Easter morning, only to collide with a turning vehicle as he sped away: and surveillance cameras caught the dramatic collision on video. It’s a stark and scary reminder of the violence when one more more vehicles is travelling at a high rate of speed. Miraculously, the motorcycle driver, Joey Pinheiro of North Fort Myers, survived, and will likely be facing criminal charges.
Robert Hayden Jr., via LCSO
There was another high-profile fleeing case on Easter, as a man riding an ATV in traffic on Palm Beach also fled from an attempted traffic stop. That man also ended up crashing his vehicle, though he ended up stuck in a ditch, and with less serious injuries. Robert Hayden Jr. was charged with fleeing, as well as possession of marijuana and for gun charges. Failing to stop for law enforcement officers is a felony in Florida: so many times the fleeing charge ends up being more serious than whatever infraction for which the cops initially tried to stop somebody.
Posted in Criminal Law, Florida, Fort Myers / Lee County / Southwest Florida #SWFL, North Fort Myers / Southwest Florida
Tagged accident, atv, drugs, firearm, fleeing, fort myers, fort myers beach, joey pinheiro, marijuana, motorcycle, North Fort Myers, robert hayden
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’.