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‘Stand Your Ground’ task force meets amid George Zimmerman case

May 7th, 2012 · Criminal Defense, Personal Injury

By Troy Kinsey, Capitol Reporter | baynews9.com

 

“ It has been weeks since Gov. Rick Scott formed a task force to review Florida’s “Stand Your Ground” law in response to growing outcry in the case against George Zimmerman.

Now, that task force has finally started getting down to business as it kicked off its inaugural meeting Tuesday in Tallahassee.

Zimmerman told investigators he shot and killed 17-year-old Trayvon Martin in self-defense, prompting many to cite “Stand Your Ground,” which permits people facing an imminent threat to fire on their attacker without having to retreat.

Critics have argued the law, passed in 2005 by then-Gov. Jeb Bush, is too broad.

Tuesday’s meeting opened with some very pointed comments by the task force’s chairwoman, Lt. Gov. Jennifer Carroll, who told the group, “The law is not ‘Stand Your Ground.’”

That’s a reflection of the Scott administration’s attempt to draw a line between the law and its role in the George Zimmerman case.

The special prosecutor Scott assigned to the case said the law doesn’t apply.

Still, calls continue to mount to revise or repeal it.

Critics pointed to new crime figures showing justifiable homicides in Florida are up by 20 percent, and they believe “Stand Your Ground” is playing a role.

Scott has also been criticized for packing the panel with advocates of the gun lobby. But moments after Tuesday’s meeting got under way, Carroll fired back.

“Out of the 19 total members on this task force, I am unaware of the other 15 members’ position on this law, or if they favor or disfavor of gun laws,” she said. “So it is a mischaracterization for anyone to presume that this task force is not balanced.”

No big decisions or votes were expected Tuesday. The main focus for Day 1 is how the panel will go about its business and where it might hold public hearings.

The meeting also comes a day after another group took its own look at the law.

Monday, state Sen. Chris Smith, D-Fort Lauderdale, revealed the findings of his own task force, which found that people who fire their guns at others and claim self-defense should still have to face a grand jury.”

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Deputies: Pasco man smoked Spice, attacked father with broom

April 30th, 2012 · Criminal Defense, Uncategorized

Times staff

 

“Man attacked father with broom, police say

Deputies arrested a man who they say was attacking his 84-year-old father with a broom and then injured a deputy who struggled to restrain him.

Edward Walter O’Rourke II, 46, of 30909 Sade Court is charged with aggravated assault and battery on a person older than 65. A Pasco County Sheriff’s Office report said deputies arrived at ORourke’s home about 6 p.m. Wednesday to find him attacking his father with the brush end of the broom. A report said the younger O’Rourke had been drinking in the garage and smoking “Spice” and became angry at his father “for unknown reasons.”

When Deputy Steven Napoleon tried to arrest the younger O’Rourke, he began resisting, the report said. The deputy called for backup. A fellow deputy responded to find her colleague on top of O’Rourke, who was handcuffed but still rolling around, the report said. The other deputy got leg shackles from her patrol car and helped restrain O’Rourke. Napoleon was treated at a local hospital for back strain.”

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Two judges, two strikes against bad drug testing edicts

April 30th, 2012 · Criminal Defense, Uncategorized

By Sue Carlton, Times Columnist

 

“Just when you think there is not a shred of sanity left in how we run this state, you get a sign.

Two, even.

As Gov. Rick Scott has surely noticed, not one but two federal judges have ruled against his plans for the drug testing of two different groups of Floridians, raising questions of constitutionality.

Last year, it was a judge in Orlando issuing a temporary injunction against testing welfare applicants. This week a Miami judge flat-out ruled randomly testing state workers unconstitutional.

It’s “suspicion-less drug testing,” wrote U.S. District Judge Ursula Ungaro, which could be a succinct description of the state of government intrusion in our state.

Scott thought it a fine idea to make people who apply for a cash welfare program pee in a cup first to prove they are worthy. Also, an executive order from Scott mandates randomly testing thousands of workers whose sole crime may be being employed by the state of Florida.

That’s the biggest insult here: The government does not need a shred of suspicion that someone has been using drugs. A state worker need not be driving a train or a forklift or doing any job in which safety is a concern. You get tested because the government says so, and the government knows best.

So this was the law of the land, so to speak, or at least the rules of a state with a tilted sense of priorities.

Here’s the problem, besides that really big one about our Fourth Amendment protection against unreasonable searches: No one has come up with any good reason, any insidious trend or current threat, to justify it.

Plus, it’s costing you. So far Floridians are on the hook for tens of thousands of dollars while these edicts have failed to ferret out any serious drug use. Only 2.6 percent of welfare applicants tested positive, and the law had no effect on how many applied. For state workers randomly tested, it was between less than 1 percent and about 2.5 percent. Both figures are less than half the estimated drug use by the general population.”

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Florida’s first arrest for distribution of synthetic marijuana made in West Palm Beach

April 26th, 2012 · Criminal Defense

Peter Franceschina, Sun Sentinel

“With an alarming rise in the use of synthetic marijuana, DEA agents have quietly made a significant arrest of a Palm Beach County man, the first in Florida ever federally charged with distributing the banned psychoactive substances.
The arrest signals a new concerted effort by the U.S. Drug Enforcement Administration to combat synthetic marijuana which is marketed under various enticing names such as “K2,” “Spice,” “Mr. Nice Guy” and “Relaxinol” and freely available at gas stations, convenience stores and head shops across South Florida.

“I think it sends a message: We are going to aggressively prosecute people who are in violation of the controlled-substances act,” said DEA spokesman Jeffrey Scott in Washington, D.C.

In January, a Jupiter police detective assigned to a DEA task force in West Palm Beach began an investigation into an alleged South Florida distributor of synthetic marijuana.

A confidential informant made recorded call to Joel Howard Lester, 52, who now is sitting in the Palm Beach County Jail. Public records indicate Lester has lived in the Boca Raton area for the past few years. The informant, posing as a store owner who wanted to retail synthetic marijuana, met with Lester Jan. 23 in West Palm Beach.

Lester told the informant he “was going to be very thankful because people were going to go crazy for the synthetic marijuana products,” according to a criminal complaint.

The informant bought $300 worth of the substances — 50 one-gram packages of “Mr. Nice Guy,” “Mary” and “Afterlife” that were fruit-scented.

The DEA sent the packages to one of the agency’s testing laboratories, and the chemicals were found to be “analogues” of a compound on the banned list. Lester was arrested March 30 for possessing with the intent to distribute an analogue of a controlled substance, a charge that carries up to five years in prison.”

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Task force to consider ‘stand your ground’ after Trayvon Martin death

April 24th, 2012 · Criminal Defense, Uncategorized

By the CNN Wire Staff

 

“Florida authorities have picked 17 people to tackle a heated question brought on by the killing of unarmed teenager Trayvon Martin: whether the state’s “stand your ground law” should be changed.

The task force, whose membership was announced Thursday, will hear impassioned arguments and testimony from residents at public meetings across the state. Its first meeting is set for May 1 in Tallahassee.

“We’re not walking into this with any preconceived notions,” Gov. Rick Scott said at a news conference. If there are “logical changes to be made,” he said, the task force “will provide those.”

It will pass along recommendations to the governor and the Legislature.

The group will review Florida Statute Chapter 776, which deals with justifiable use of force, including the stand your ground provision.

The law allows people to use deadly force when they feel a reasonable threat of death or serious injury. Critics and defenders of the law have argued over just what it allows, when it applies and whether it achieves its intended effect.

George Zimmerman, 28, a neighborhood watch volunteer, fatally shot Martin on February 26. He has said the killing was in self-defense.”

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Sanford police chief’s resignation rejected by City Commission

April 24th, 2012 · Criminal Defense

baynews9.com |

 

“The city of Sanford is at a standstill over more blowback from the case against George Zimmerman.

Monday, Sanford police Chief Bill Lee said he would resign. But city leaders rejected his resignation during a heated City Commission meeting.

For now, it looks like Lee will stay put, though not as acting chief.

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Commissioner: Lee paying for past sins

First, the city of Sanford voted ‘no confidence’ in Chief Bill Lee.

Then, the police chief said he would step down.

Now, the city seems to be telling him, “Never mind. We might want you to stay.”

As about a dozen Sanford residents wore T-shirts and bracelets that read “Save Chief Bill Lee,” the City Commission voted 3–2 Monday to reject Lee’s resignation.

Some commissioners said they were concerned one man was taking the brunt of everything that has happened in Sanford since the death of 17-year-old Trayvon Martin, who was shot by George Zimmerman in late February.

“Chief Lee is paying for the sins of past police officers and police chiefs,” said Commissioner Patty Mahany. “He has been here in office 10 months. How do you steer a boat that big, Mr. Mayor? How do you steer a boat in 10 months to a complete turnaround? You don’t.”

The city said it will wait for an internal review of the way the Police Department investigated Martin’s death. Then the commission plans to take another look at what should be done with the police chief position.”

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Judge quits Trayvon Martin case, citing conflict

April 19th, 2012 · Criminal Defense, Uncategorized

By The Associated Press

” The judge presiding over the Trayvon Martin shooting case removed herself today after the attorney for defendant George Zimmerman argued she had a possible conflict of interest that related to her husband.

Judge Kenneth M. Lester Jr. will preside over the case. The next judge who would be in the court rotation, John D. Galluzzo, also cited a conflict, so Lester was selected, according to a news release from the court.

Florida Circuit Judge Jessica Recksiedler had said she would make a decision by Friday, when a bond hearing for Zimmerman had been set. Her husband works with Orlando attorney Mark NeJame, who was first approached by Zimmerman’s family to represent the neighborhood watch volunteer.

But NeJame declined and referred them to Mark O’Mara, who is now representing Zimmerman. NeJame has since been hired by CNN to comment on the case.

Galluzzo said he had a conflict because of his personal and business relationship with O’Mara.

O’Mara said he requested that Recksiedler step down now because the case is just beginning and he wanted any possible conflict to be addressed right away rather than in the middle of the case. Recksiedler was assigned the case after Zimmerman’s arrest last week.

Zimmerman is charged with second-degree murder for the Feb. 26 shooting of the 17-year-old Martin. Zimmerman said he shot Martin in self-defense after he says the teen attacked him. Martin was unarmed.”

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Task force will consider ‘stand your ground’ changes after teen’s death

April 19th, 2012 · Criminal Defense, Personal Injury, Uncategorized

By the CNN Wire Staff

“A 17-member task force will consider whether Florida’s controversial “stand your ground law” needs to be changed.

The state released details Thursday about the panel, which will consider Florida “laws, rules, regulations or programs that relate to public safety and citizen protection,” including the law that has fallen under a national microscope since the killing of unarmed teenager Trayvon Martin.

“We’re not walking into this with any preconceived notions,” Gov. Rick Scott said at a news conference. If there are “logical changes to be made,” he said, the task force “will provide those.”

The “highly qualified” group will make recommendations to the governor and the legislature, said Lt. Gov. Jennifer Carroll, who is chairing the panel.

It includes people from “many different points of view” who are “racially, regionally, and professionally diverse,” she added.

Carroll said the task force includes a retired judge, attorneys who have worked on both prosecution and defense, and members of neighborhood watch programs.

George Zimmerman, 28, the neighborhood watch volunteer who fatally shot Martin on February 26, has said the killing was in self-defense.

The case has raised questions about the “stand your ground” law, which allows people to use deadly force anywhere they feel a reasonable threat of death or serious injury. Critics and defenders of the law have argued over just what it allows, when it applies, and whether it achieves its intended effect.

Florida’s crime rate is at a 40-year low, and “I want to keep it that way,” Scott said. “If there’s laws that are impacting that, where people don’t feel comfortable, I want to know about it.”

The Task Force on Citizen Safety and Protection will hear from citizens across the state, officials said. They announced a website, flgov.com/citizensafety, which will offer updates and give residents resources to share their views.”

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Pinellas cold case murder featured on national cable show

April 19th, 2012 · Criminal Defense, Uncategorized

By Josh Rojas, Reporter

 

“The Pinellas County murder of Laurie Colannino and the twisting investigation that took about 11 years to solve is being featured on the Investigation Discovery cable channel tonight.

It’s part of the Investigation Discovery series called ‘Cold Blood’.

“What makes this case so interesting is that you have twins that share the same DNA,” said Tampa Bay Timeseditor Chris Tisch. “You have a victim who has DNA found in her body of her killer.”

Tisch covered the story for Bay News 9’s partner newspaper and he was interviewed for the show.

“They talked to me because I covered the arrest in 2001,” Tisch said. “Then in 2003, I covered the trial. What we call gavel-to-gavel.”

Pinellas County sheriff’s homicide detective Jim Beining helped solve the cold case and is also featured on Investigation Discovery.

“It’s very intriguing and has the twist to it with the DNA and the crime shows that are out there today, they like that kind of stuff,” Beining said.

Colannino, 23, was brutally murdered inside her home at the Bay Pointe Apartments near Largo in 1990.

“He stabbed her approximately 16 times in the chest, strangled her and raped her,” said Beining.

The killer left behind his DNA but it wasn’t until 2001 that detectives found Brian Calzacorto was a match.

“That’s ultimately how we made the case,” said Beining. “We went through Brian’s trash and got some samples that would contain DNA.”

But there was a bizarre DNA twist when detectives discovered Calzacorto had a twin brother named Alfred.

“We also did a trash pull on Alfred and got the same DNA,” Beining said. “His twin brother has identical DNA. They are identical twins. So, that’s what’s the intrigue in this case.”

“I’ve not seen it before this case and I’ll probably never see it again,” Tisch said.

Ultimately, detectives arrested Brian Calzacorto for the first degree murder of Colannino. He was convicted in 2003 and sentenced to life in prison.”

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Accidental deaths from prescription drugs decline in Tampa Bay area

April 17th, 2012 · Criminal Defense, Personal Injury, Uncategorized

By Richard Martin and Kameel Stanley, Times Staff Writers

 

“The large billboards greet motorists traveling along Sunset Point Road in Clearwater and Gandy Boulevard in St. Petersburg with a bold message:

“We’re Shutting Down Pill Mills in Pinellas County.”

Wait.  Is the county really declaring victory in the war against prescription drug abuse?

Not exactly, officials say.

Rather, the billboards are meant to warn prescription drug abusers that Pinellas is serious about curbing an epidemic that kills an average of about eight Floridians a day.

But the billboard campaign does happen to coincide with a possible sign of progress: In Pinellas, Hillsborough and Pasco counties last year, accidental overdose deaths caused by prescription drugs declined somewhat after years of increasing.

In 2010, Pinellas had 249 such deaths, one of the highest figures in the state. Bill Pellan, director of forensic investigations for the Pinellas-Pasco Medical Examiner’s Office, said Friday the 2011 figure is 217, one fewer than the 2009′s 218 deaths. That’s a 13 percent drop over 2010.

Pasco County’s decrease — 20 percent — was even steeper. There were 153 prescription drug-related deaths in 2010 and 122 last year.

“I think it’s great news that we’re seeing a reduction,” Pellan said. “It’s a compliment to those that deal with that on a daily basis.”

In Hillsborough, accidental overdose deaths due to prescription drugs declined from 249 in 2010 to 226 last year.”

Find the full article here…

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