Tag Archives: sex on beach

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

Video of 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

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

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: 

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

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

Sex on the Beach isn’t a Drink in Bradentonradenton

Video of Sex on the Beach

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