August 2010 Archives

August 16, 2010

Ricardo Penn and Jamaal Williams Arrested for Mail Theft in Wellington, Florida

Ricardo Penn and Jamaal Williams were arrested in Wellington, Florida and are now facing federal charges for conspiracy, mail theft, unauthorized use of access devices and aggravated identity theft. Dorian Jerrell Cawley has also been named as a third co-defendant, but has yet to be arrested. It is unknown if bond has been set.

If convicted on all four charges, Penn and Williams could be sentenced up to 22 years in federal prison.

It is unknown if either Penn or Williams have retained the help of a defense lawyer. Regardless, both would greatly benefit by having legal counsel. If they hire a defense attorney, that person could review every detail of their case to determine if there is any lack of evidence, a conflict in the evidence, or inherent defense.

Remember, to obtain a conviction, prosecutors must prove each and every allegation contained in the indictment beyond and to the exclusion of every reasonable doubt.

This is a daunting task and presents an experienced defense lawyer with opportunity to defend the accused. For instance, identification of the accused persons as the offenders is an essential aspect of any criminal case.

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August 13, 2010

Defense Analysis: Mirtha Arias Arrested for Slashing Son's Throat in Hollywood, Florida

Mirtha Arias, 48, of Hollywood, Florida, was arrested this week after she allegedly slashed her son's throat with a box cutter and then turned the blade on herself. She has since been booked for one count of attempted murder. While her son's injuries were very serious, he is expected to survive.

It is unknown whether Mirtha Arias has been given a bond or has retained a defense lawyer. According to new reports, she has been Baker Acted and is to undergo a psychiatric evaluation sometime soon.

I have to say, of all the criminal cases I have litigated in my career as a defense lawyer, this case is very bothersome. The claim that this mother slashed her son's throat is utterly horrific. That poor child probably suffered something terrible while it was happening. I really feel bad for him.

Before I delve further, I want to emphasize that the opinions I express herein are based strictly on the information presented in the media. Without access to the court file, the police reports, witness statements, or other evidence, it is very difficult to ask the right questions or draw any meaningful conclusions.

However, that being said, I think this case comes down to two issues that may help Mirtha Arias develop a successful defense against prosecution in this case.

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August 13, 2010

UPDATE: Beauty Bandit Has Surrendered Herself to Authorities in Fort Lauderdale, Florida

UPDATE: Maria Chrysson has surrendered to law enforcement in Fort Lauderdale, Florida. She is now facing charges for grand theft and criminal use of personal identification belonging to another.

August 13, 2010

Beauty Bandit May Surrender Herself in Fort Lauderdale, Florida

Maria Chrysson, 29, the alleged "Beauty Bandit," may surrender herself to law enforcement in Fort Lauderdale, Florida soon. It is unknown whether or not a bond amount has been agreed to with prosecutors at this time. For those who are unaware, Chrysson was recently arrested for allegedly failing to pay doctors after receiving Botox treatments.

Originally dubbed the "Botox Bandit," news media now calls her the "Beauty Bandit." I liked the first name better.

In any event, a For Lauderdale dermatologist claims that a woman received over $3,000 in Botox treatments from his office, but skipped out on the tab when it came time to pay. According to the doctor's staff, the patient allegedly stated she was going to an ATM to retrieve cash, but never returned.

The doctor claims that Chrysson is that woman and that she is caught on video surveillance.

In a surprising twist of this story, Chrysson's criminal attorney claims that they have the wrong person. As a criminal lawyer myself, I think this is a highly unusual tactic, especially at this early stage of the case.

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August 9, 2010

Robert Ira Aronson Arrested for Grand Theft in West Palm Beach, Florida

Robert Ira Aronson, 63, was arrested in West Palm Beach, Florida for 1st degree grand theft. He is alleged to have embezzled over $200,000 a corporation owned by Bob Lappin. For those who are not up to speed on their Palm Beach whos-who, Bob Lappin is the conductor who established the Palm Beach Pops. According to its website, the Palm Beach Pops is a world-class pops orchestra located in, you guessed it, Palm Beach.

Following his arrest, Aronson was released after posting a $15,000 bond.

Prior to his resignation this past February, Aronson worked as Director of Business and Finance for the Pops orchestra. Aronson supposedly resigned in protest when Lappin failed to advise the Pop's board that its general manager, Jill Kaplan, had filed a complaint months earlier with the Equal Employment Opportunity Commission.

Kaplan later filed suit in federal court alleging that Lappin had forced her into a long term affair. That case is still pending.

According to the police report, Aronson allegedly transferred money from Lappin's corporate accounts to his personal account. When Lappin learned that the amount transferred was nearly $200,000, Lappin decided to report the matter to law enforcement.

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August 4, 2010

Cops Bust Wayne Hill in Ecstasy Case Tied to Miami, Florida

Wayne McDarman Hill, 42, of Miami, Florida, was arrested for allegedly trafficking in ecstasy. According to news reports, law enforcement seized approximately 40,000 ecstasy pills.

Police claim that Hill operated a "pill pipeline" between Miami and Canada. The fact that the pills were allegedly found inside of Hill's vehicle presents a number of very important questions.

Hill's defense lawyers will need to first determine why police searched Hill's car? Was he caught selling to or buying from an undercover agent? Was he stopped for a traffic infraction? Or, did an overly zealous investigator conduct a "pre-textual" stop?

If law enforcement conducted an illegal stop or illegal search of Hill's vehicle, then any evidence obtained as a result must be thrown out by the trial judge. This would have the effect of completely destroying the Government's case.

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August 4, 2010

Maria Chrysson "Botox Bandit" Arrested in Miami, Florida for Bad Checks

Maria Chrysson, aka the "Botox Bandit," was arrested in Miami, Florida for allegedly scamming beauty clinics with bad checks. According to news reports, bond has been set in the amount of $20,000.

According to employees at one clinic, Chrysson left to get money from an ATM machine but never returned. In July, Fort Lauderdale Police stated that Chrysson made off with over $3,000 in Botox treatments from one clinic.

It is unknown whether or not Chrysson intends on hiring a private defense lawyer or will seek representation by the Public Defender's Office.

A doctor at that clinic stated that Chrysson refused to have her photo taken and received 50 injections without any anesthetic. Clearly the doctor should not have said this and likely violated very serious HIPAA laws that are intended to protect patient information.

It is one thing to report a theft, it is another to make Chrysson sound like a freak by divulging her protected health care information. The fact that she had 50 injections without anesthesia has absolutely nothing to do with the criminal aspects of this case. In fact, anesthesia is rarely administered when patients get Botox.

It is clear that this statement was made simply to demean Chrysson and impugn her character by fueling the image of the "Botox Bandit" as a weirdo. Not only was that statement inappropriate, but it violated very strict Federal laws controlling the dissemination of protected health care information to third parties. No matter what happens with Chrysson's case, this doctor may be liable to her for damages.

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August 4, 2010

Lee Willie DeJesus Arrested for Child Abuse in Miami, Florida

Lee Willie DeJesus, 23, was arrested in Miami, Florida for allegedly beating up his 2 year old son, Willy Brown. According to news reports, DeJesus has a criminal history, but it is limited to misdemeanor possession of marijuana. It is unknown if the drug played a role in this case.

Regardless, a magistrate judge set bond at $57,000.

Police were initially called to DeJesus' apartment when the boy became unresponsive. At first, DeJesus tried to blame the baby sitter. However, after being taken back to the police station, it alleged that investigators read DeJesus his Miranda rights, which he waived, and admitted to punching the toddler at least fifteen times.

At this point in time, it is unknown whether or not DeJesus has retained a private defense lawyer is intending on applying for representation by the Public Defender's Office.

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August 3, 2010

Julio Gomez Should Sue Palm Beach Sheriff for Wrongful Arrest

Unbelievably, the Palm Beach Sheriff's Office released 25 year old Julio Gomez from jail after more than five months in jail. Deputies now admit that they arrested the wrong man on first degree murder charges.

This case is profoundly shocking since cops failed to match this Julio Gomez's birthday to the real Julio Gomez they were seeking. Why did it take five months to figure this out??

The truth is that this Julio Gomez is probably a poor Mexican migrant worker living in Palm Beach County and is a person without the social or financial means to make his voice heard.

I am extremely offended by this case. I bet you if Mr. Gomez was a celebrity, a Palm Beach socialite, or someone with money, he wouldn't have even been arrested and if he was, he wouldn't have languished in jail for over five months.

Julio Gomez deserves compensation and he deserves justice. According to news reports, Gomez was released after cops realized his birth date did not match that of their suspect. His claims of innocence were also bolstered by affidavits from friends who said he consistently worked and lived with them.

Just because Gomez is likely a poor farm worker, does not mean he deserves to rot in prison. This man was wronged by law enforcement and it should be set right.

I hope Mr. Gomez stands up for himself and hires a lawyer who can fight for his rights.

Hopefully he will heal from this experience and get on with the rest of his life.

August 3, 2010

Louis Jerome Green Arrested for Sex Offense in Fort Lauderdale, Florida

Louis Jerome Green, and 18 year old student at the Dave Thomas Education Center, was arrested in Fort Lauderdale, Florida for allegedly having sex with a girl between the ages of 12 and 15 years old.

According to news reports, bond has been set in the amount of $50,000.00. If this bond is unaffordable for Green, he may be eligible for a bond reduction. When a judge sets bond, he or she considers a number of factors. These include the defendant's criminal history, if any, the defendant's ties to the community, and the nature of the present offense.

The ultimate purpose of bond is to ensure that the defendant will show up in court and face his charges if released from jail. However, bond is not meant to be so high that it can't be afforded. In essence, bond is meant to be a financial leash that gives a person an incentive to stick around and deal with their case.

If Green cannot afford his bond, he would benefit from hiring a criminal defense lawyer who can file a motion to reduce bond. When arguing such a motion, his lawyer should establish Green's ties to the community, his financial means, and hopefully a lack of any meaningful criminal history.

If Green is able to establish these points, he may present a solid case for bond reduction.

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August 2, 2010

Defense Analysis: Rendolyn W. Amaker Arrested in Fort Lauderdale, Florida

Rendolyn W. Amaker, 43, was arrested in Fort Lauderdale, Florida after she allegedly tried to rent a car at the airport using another person's driver's license and credit card. Amaker has been released from jail after posting a $2,000.00 bond.

According to the Broward County Clerk of Courts, Amaker was booked for one count of grand theft auto and one count of possession of a fraudulent driver's license. Both offenses are third degree felonies punishable by up to five years in prison each. Therefore, her total prison exposure maxes out at ten years.

However, in my experience, people with these types of charges rarely go to prison, especially as first time offenders. Realistically, an experienced criminal defense lawyer should be able to resolve her case to nothing more than a short term of probation at the very worst.

However, if Amaker has a criminal history, things may be different. According to records obtained from the Broward Clerk of Courts, Amaker has no known criminal history in Broward County. Since she is employed by the Broward School Board as a principal at North Fork Elementary School, odds are her criminal history as already been checked and there is none. While it is not impossible, it is unlikely that the School Board would have hired her with a criminal history.

Ultimately, this case has two clear possibilities. Either Amaker was being honest and this entire incident comes down to a misunderstanding or she really was trying to pull a fast one on the car rental place. Therefore, developing a strong defense will either be very easy or absolutely impossible, based on evidence obtained from driving records and the credit card company.

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