Hernando County

Published on: December 14, 2010

Alleged Brooksville Sex Offender Charged with Murder for Hire Plot Against Hernando County Prosecutor and Public Defender

by Whittel & Melton, LLC

Generally the job of the Public Defender is thankless, and the job of Prosecutor is even more thankless, but very rarely are they actually dangerous. It is being reported by the Tampa Tribune that the Hernando County Sheriff’s Office have charged a defendant, currently in custody, for arranging for the murders of a local Assistant State Attorney and his local Assistant Public Defender. While currently facing serious prison time for two counts of Lewd and Lascivious Molestation of a Victim under twelve (12) years of age and one count of Sexual Battery on a Victim under twelve (12) years of age, the defendant apparently was in a position to discuss this plot.

According to the reports, the defendant told the confidential informant, while in custody, that he was owed $8,000 in back Social Security refunds and would pay $3,000 for each of the murders. The report goes on to say the Sheriff’s Office is in possession of a written IOU by the defendant of the $6,000 payment.

This defendant is now additionally charged with two counts of solicitation to commit murder. It is unclear who the court will appoint to represent him and further what Public Defender’s Office will be responsible to provide the defense attorney. It would appear there is a conflict between him and the Assistant Public Defender he allegedly was going to pay $3,000 to have murdered. This case will certainly deal with the mental health of the defendant and the ability to carry out such an arrangement. The defendant’s location in jail during these alleged negotiations are the most striking part of this case. It may be troublesome for a jury to believe he could carry out this plan from jail.

Published on: October 29, 2010

Spring Hill man is punched, bitten by suspected car burglar

by Whittel & Melton, LLC

Last week, there were reports that a Spring Hill man was victim to a car burglary where allegedly, a fight with the perpetrator left him injured after sustaining punches and a bite wound.

As a result of the incident, Michael Leonard is charged with battery, burglary of conveyance and resisting an officer without violence.

The victim told deputies that Leonard punched him in the face and bit him while the two wrestled on the ground. The items allegedly stolen from the victim included a plastic cell phone clip, a plastic knob, iPod, sunglasses and a small amount of coins.
Deputies also learned Leonard was on probation for a misdemeanor DUI which, in addition to the penalties he could be subjected to for the felonies he is charged with, could add another year onto his sentence for a violation of DUI probation.

As a former state prosecutor, I always welcomed felonies that came with an accompanying violation of probation charge. When the basis of a violation of probation is a new charge, state attorneys only have to prove the underlying charge–in Leonard’s case the burglary and battery– to a preponderance of the evidence to succeed on the violation of probation (instead of the higher beyond a reasonable doubt standard in criminal trials), subjecting the defendant to jail or prison time.

Published on: August 20, 2010

Brooksville, Florida Judge Hand Out 75 years State Prison for 125 Internet Images of Child Pornography

by Whittel & Melton, LLC

The retiring senior Hernando County Circuit Court Judge sentenced a man this week on 5 counts of possession of Child Pornography to 75 years. He was facing a minimum 40 years according to reports. It is suggested by his criminal trial attorney that he may appeal this sentence.

The 75 years sentence, justified according to the Brooksville judge, was handed down this week after guilty verdicts were rendered back on July 30. It is not uncommon after a serious sex crimes case like this for a judge to handle the several different sentencing issues days or even weeks after trial. The sentence was broken down as 5 fifteen year terms, to be served consecutively.

The Internet pornography was allegedly found on the home computer in their Spring Hill home by the defendant’s girlfriend. Unfortunately, it has been reported that a Hernando County child custody battle ensued and accordingly the pictures found their way into the hands of law enforcement.

This case is certainly yet another example of the seriousness of Florida sex crimes cases, but maybe more important is the lesson is stands for about the collateral consequences a Family law case can create. Often times, when children or a marriage is involved, the parties involved will resort to any and all methods to destroy the other person – well I’d say she accomplished her goal here.

Published on: December 31, 2009

Charlie Sheen’s Wife Claims Knife Threat in Assault, backs off story

by Whittel & Melton, LLC

Charlie Sheen’s wife, Brooke Mueller, has accused the actor of threatening her with a knife in a Christmas Day emergency phone call to police that led to his arrest.

ABC.com is reporting that Meuller told police that Sheen had threatened to kill her during an argument about a possible divorce. Sheen was arrested that same day. According to her sworn affidavit, Mueller told police that Sheen grabbed her by the throat while straddling her on a bed, “then pulled out a knife, holding it to her throat, saying, “You better be in fear. If you tell anybody I’ll kill you. … I have ex-police I can hire who know how to get the job done and they won’t leave any trace.”

Since the incident, Mueller has lawyered-up and has back peddled from her original version of events. She has asked the court to set aside the injunction she has put in place to protect her from Sheen. In Florida, it is a crime to make false sworn statements or to make false police reports to law enforcement.

Published on: October 19, 2009

Driver faces criminal DUI charges in Weeki Wachee bus crash

by Whittel & Melton, LLC

TampaBay.com is reporting that last Tuesday’s Weeki Wachee crash that involved a head-on collision between a car and a school bus may result in a DUI charge.

According to the Florida Highway Patrol, Michelle R. Sutton of Spring Hill was allegedly driving a Toyota coupe at a high rate of speed– weaving in and out of the westbound lane of County Road 550 — before ultimately colliding head first into the school bus. The bus was carrying about 30 students from Spring Hill’s Westside Elementary at the time of the crash. Sutton was seriously injured in the DUI crash and was taken to Oak Hill Hospital where an ER nurse allegedly found a plastic bag containing about 18 grams of marijuana in Ms. Sutton’s shorts pocket.

Because she was being admitted to the hospital, the deputy gave Ms. Sutton a citation and notice to appear in court next month for possession of marijuana instead of arresting her–but the Hernando County State Attorney’s Office has 90 days to file a misdemeanor DUI or 180 days to file a felony DUI with Serious Bodily Injury case, if they choose.

This presents an interesting issue from a constitutional law perspective. Since a nurse–and not law enforcement–found the marijuana on Ms. Sutton, she does not have the same constitutional protections from unlawful searches and seizures as she would if the police had found it at the scene of the accident. Generally under Florida law, the trigger for a constitutional law violation that can result in evidence being suppressed is that some government entity was involved in the seizure. In this case, Ms. Sutton told the nurse she was wearing her boyfriend’s shorts and didn’t know about the drugs in the pocket. Regardless, to sustain a conviction, the burden will still be on the State to prove that Ms. Sutton was under the influence of drugs and/or alcohol to the extent that her normal faculties were impaired.

Published on: October 10, 2009

Hernando County, Florida Sex Crimes Defense Attorney Update :: Tampa, FL Firefighter and Spring Hill Resident Arrested for Sexual Offense

by Whittel & Melton, LLC

A Hernando County Resident and Tampa Firefighter/ Paramedic was recently arrested for two counts of Indecent and/or Vulgar Exposure of Sexual Organs. Indecent Exposure of Sexual Organs is a First Degree Misdemeanor under Florida law and punishable up to one year in the county jail.

What made the facts of this arrest so unique was that not only was the defendant a Hillsborough County Paramedic and Firefighter, but also the allegation is that these crimes occurred at nearby public schools. The lawyers at the Brooksville, FL State Attorney’s Office are currently pursuing these cases as misdemeanors. It is unclear at this time if they will ask the court to consider an enhanced charge (Third Degree Felony) due to the proximity of the alleged conduct to schools. This would be a novel approach to this sex crimes charge. Although, this type of enhancement is commonly enforced in drug sale and drug purchase cases.

In Florida, in order to prove the crime of Exposure of Sexual Organs (In a Vulgar or Indecent Manner), pursuant to Florida Statute 800.03, the State of Florida must prove:
1) The defendant exposed him/herself and/or was naked; 2) It was done in either a public place, on the another’s private property or so close to another’s private property that he or she could be seen from that property; 3) It was done in a way the it was intended to be indecent, vulgar, lewd or lascivious; and 4) It was actually indecent, vulgar, lewd or lascivious. The words “indecent, vulgar, lewd or lascivious” are usually defined as a unlawful and lustful or with a sexual intent. It is certainly not a black and white definition and is commonly the subject of a question for the jury in a criminal trial to determine.

The intent of the defendant will come under much discussion in this case as it is alleged that the defendant made the statement that “he gets a ‘rush’ while exposing himself.” The Judge will need to determine the admissibility of that statement, truthful or not, and the tactics used by law enforcement to acquire such a comment will hopefully come under question.

There have been some interesting cases in Florida criminal courts over the years on this statute as the definition of indecent or lewd has been tough to determine. While it was determined by both the Federal Court and the Florida Supreme Court that mere public nudity would not violate this statute (See U.S. v. A Naked Person Issued Notice of Violation, 841 F.Supp. 1153 (M.D.Fla. 1993) & Hoffman v. Carson, 20 So.2d 891 (Fla. 1971)), the location of the act has come under scrutiny. The 5th DCA, which is the appellate court for the counties in the 5th Judicial Circuit (i.e. Hernando, Citrus, Sumter, Lake and Marion Counties), found that conduct in a restroom stall with the door closed should be viewed differently than conduct in the open area of a public restroom. Similarly, the 4th DCA found that the actions of a “Peeping Tom” would certainly fall within the intent and letter of this Florida Criminal Statute. Additionally, and of some note, the Florida Legislature carved out an exception for public breast feeding.

Published on: October 5, 2009

Hernando County Criminal Defense Lawyer Attorney Legal Update: Woman Charged with Felony Drug Trafficking

by Whittel & Melton, LLC

According to the Hernando County Sheriff’s Office, a young woman and employee of a local Spring Hill, FL Doctor, has been accused of ordering Hydrocodone and Xanax for personal use.

Allegedly, the Spring Hill doctor’s office contacted the Hernando County Sheriff’s Office when it discovered that painkillers had been prescribed without permission. Further investigation by the Hernando County Sheriff’s office revealed that the accused was using a fellow employee’s name when ordering the medication. The State Attorney’s Office is allegedly in possession of surveillance footage from the pharmacy involved in the transactions.

Interestingly, the accused is charged not only with Obtaining a Controlled Substance Through Fraud, but was also charged with Drug Trafficking by the SAO. The Drug Trafficking charge in Florida will dramatically change the way the Prosecutors–and certainly the Judge–will approach this case since Drug trafficking “scores” very high under the Florida Criminal Code. Prosecutors use “score sheets” to determine what type of plea offer will be made and these score sheets take into account a person’s past criminal convictions as well as the seriousness of the crime they are currently accused. In this case, drug trafficking is a very serious charge which will subject this woman to extended time in prison–and that’s not taking into consideration if she has a criminal past.

In my experience, approaching this case as a drug trafficking case is an aggressive stance for the State Attorney’s Office to take considering the basis of the charge is the fact that the that woman allegedly had 11 pills in her possession. I have however, noticed a trend in Central Florida that law enforcement and prosecutors are charging Drug Trafficking more aggressively. But it remains to be seen if they can effectively meet their burden of proof and actually obtain convictions for these sorts of factual scenarios.

Published on: September 29, 2009

Cross-dresser arrested for Hernando County Violation of Probation

by Whittel & Melton, LLC

Cross dressing isn’t a crime, but violating probation can be. Tampabay.com is reporting that Dade City Police Department arrested a 44-year-old man dressed in a black tank top and blue denim skirt Sunday morning after he tried to run from police.

According to the report, a patrol car was making a U-turn on U.S. 301 when they spotted what appeared to be a woman standing behind an abandoned business. When officers shined their spotlight toward the back of the business, and the person took off running into the woods.

The officer and a police dog soon found a man in the woods changing out of the tank top and skirt into a button-down shirt and tan shorts, the report said. After being detained, the man said that he wasn’t a prostitute, and that dressing in woman’s clothing is something he does in his spare time. He ran because he didn’t want to get arrested in women’s clothing.

The man had an open Hernando County warrant for violating his probation on a charge of driving with a suspended or revoked license was also arrested that night by the Dade City police for resisting arrest without violence.

Both of these crimes are misdemeanors which means that the cross dresser could be subject to two years in jail–one year for the violation of probation and another for the resisting and officer without violence charge. Generally, a violation of probation subjects a defendant to the maximum penalty they could receive on the underlying charge. Courts are reluctant to impose jail time for violations that involve failure to pay fines or court fees and are more likely to impose jail or prison sentences on violations that involve new charges.

Published on: September 18, 2009

Confidential source outs man for operating a Hernando County marijuana grow house

by Whittel & Melton, LLC

According to tampabay.com, 42-year-old Ridge Manor man has been arrested for allegedly growing about 50 marijuana plants inside the mobile home parked behind his residence. Last week, Hernando County law enforcement received a tip from a confidential informant who told them about the mobile home operation and when police arrived at the home, they found the marijuana plants, light fixtures, several ballasts and a carbon filter–all which are instruments commonly used to grow marijuana.
The man was charged with cultivating marijuana and public nuisance and bail has been set at $15,000.

Last year, Governor Christ signed into law the “2009->Ch0893->Section%2013#0893.13″target=blank”>Marijuana Grow House Eradication Act” which gives law enforcement and prosecutors more power to combat those who grow marijuana. The law now makes it a second-degree felony to grow 25 or more plants. In the past, a person had to have more than 300 plants to reach the level of a second degree felony. A second degree felony can be punished by up to fifteen (15) years in prison–this is why it is very important to have an experienced criminal defense attorney on your side to fight for your rights and hold law enforcement to their burden of proof.

Published on: May 24, 2009

Florida Drug Trafficking Defense Attorney News Update :: Hernando County and Citrus County Men Arrested in Tampa Drug Bust

by Whittel & Melton, LLC

According to Kevin Metana of the St. Petersburg Times, two men were arrested this past week in Tampa, and charged with two counts of drug trafficking, two counts of obtaining a controlled substance by fraud, burglary and grand theft.

The report indicates that the men were allegedly found to be in possession of more than $10,000 of prescription Oxycodone, or roughly 687 pills. In addition, the men were allegedly also found to be in possession of marijuana and $2,500 in cash. The cash will certainly become subject to an Asset Seizure or Forfeiture proceeding as part of this arrest.

The arrest for drug trafficking is partially based on law enforcement’s suspicion that they have been committing these acts in several areas, including Hillsborough, Pinellas, Pasco, Hernando and Sumter Counties. Because these men hail from Floral City and Brooksville, this suspicion will certainly be investigated by several departments. This arrest was allegedly initiated by a “tip”. Any Florida Drug Trafficking Lawyer hired in this case will investigate this “tip” as it may be the product of a confidential informant, or “CI”, or through coercive or constitutionally illegal tactics by the Police.