Articles Posted in Sex Crimes

NINE MEN ARRESTED IN ST. JOHNS COUNTY IN OPERATION DOWNPOUR, ARRANGING FOR SEX WITH MINORS

A recent News4Jax story gives details into a recent investigation completed by the St. Johns County Sheriff’s Office.  The news release states that nine men ranging from the ages of 18 to 34 utilized the internet to meet and engage underage girls for purposes of having sexual activity.  As is common in these types of stings, an undercover law enforcement officer posed as the underage girl.  All nine men traveled to a predetermined location and instead of meeting a young female, were taken into custody by the St. Johns County Sheriff’s Office.  The investigation was run by a local task force composed of the U.S. Attorney’s Office, State Attorney’s Office for the Seventh Judicial Circuit, North Florida Internet Crimes Against Children Task Force, Polk County Sheriff’s Office, Jacksonville Sheriff’s Office, Volusia County Sheriff’s Office, St. Augustine Beach Police Department, Orange Park Police Department and the St. John’s County Sheriff’s Office.

Operation “Downpour” resulted in arrests of individuals from different walks of life.  As stated earlier there were men from ages 18 to 34 arrested.  One individual, Clarence Thomas, appears to have been arrested in a prior case in 2015 for Unlawful Sexual Activity with a minor.  The article also describes Thomas as a former part time Football Coach at Westside High School as well as being a former Corrections Officer.  The operation also resulted in the arrest of Raymond Wygant, who is an active military member assigned to the 7^th Infantry Division as a Defense System Operator.  Operations like “Downpour” can catch literally anyone who has access to the internet who seeks underage children.  This crime literally attracts all walks of life.  These cases are commonly referred to as “Travelers,” in the court system.

These sting operations typically include an overwhelming amount of evidence against the accused.  The conversation itself is normally very straight forward in which the undercover agents will clearly state that they are underage.  In this sting, the undercovers posed girls under the age of 15.  The undercovers will log into dating websites or chatrooms and begin conversations with the potential suspects online.  The online conversation itself will be evidence used against the accused.  Details such as what will happen when the meeting will occur, what to bring, and where to meet will all be discussed.  The accused next will arrive at a pre-determined meeting but will not meet with a minor, but however will be taken into custody by a takedown team.  Any items previously requested by the undercover that the accused brought to the pre-arranged meet will also be submitted into evidence.  These items will be used in a trial to show that not only did the accused agree to meet for sex, but also brought the requested items to show there is not mistake in the accused’s mind as to the reason for the meet.

Other things that will be considered by a jury is the distance a person travels to meet a minor.  Matthew Brown traveled from Gainesville, Florida.  Brown’s defense will have to explain why Brown happened to travel all the way from Gainesville to St. Johns and arrived at the exact location given by the undercover.  Other charges may arise out of the online conversation itself as often times the individuals seeking sex with a minor send nude photographs of themselves to the undercover agents.

Also what is important to note is that Law Enforcement waits until the operation is ended to post any information regarding the arrests as to hopefully not tip off any future suspects about the sting.  The individuals charged will not even appear in the Jail Inmate Screen until after the press conference. Continue reading

FACES PRISON AND A LIFETIME OF SEX OFFENDER REGISTRATION

According to a recent article in the New York Times, former Democratic Congressman and New York City mayoral candidate, Anthony Weiner has entered a guilty plea to a federal charge of obscenity.  Weiner entered his plea in federal court, pleading to a charge of “transferring obscene material to a minor.”  The victim in the case was a 15 yr. old girl in North Carolina. The charge Weiner admitted guilt on carries a 10 year maximum prison sentence although the prosecutor stated a sentence of 21 to 27 months would suffice.  Weiner is not slated for sentencing until September.  If he is to receive a prison sentence the Judge may remand him into custody at that time or let him remain free to get his affairs in order.  In most of the Circuit Courts of Florida, if the defendant pleads guilty or no contest, with no agreed to sentence or conditions, this is called a “straight up plea.” The Court may sentence the defendant to the maximum sentence allowed by law and the defendant cannot simply withdraw his or her plea because of a sudden case of buyer’s remorse.   Also in Florida, if the defendant has no prior felony convictions, the Court will order a Pre-Sentence Investigation, or “PSI’ which is compiled by the Florida Department of Corrections.  In Juvenile Court, the same type of document is provided to the Court, however, it is called a Pre-Disposition Report, or “PDR” which is prepared by the Florida Department of Juvenile Justice. In a violation of probation case, the probation officer compiles a similar report. The reports focus on the defendant’s upbringing, family situation, drug and alcohol abuse history, education, criminal history, the facts involved in the case at hand(which is usually just a reiteration of the police report), any military service and employment history. These types of reports are prepared to give the courts a background on the defendant and they usually contain a recommendation in the last paragraph as to what the preparer thinks is an appropriate sentence.  The Judge is not bound by these reports or recommendations.

FORFEITED PROPERTY AND FACES LARGE FINE

The terms of the plea agreement show Weiner agreeing to forfeit his I-Phone and being exposed to a monetary fine ranging from $35,000 to $350,000.  The I-Phone is listed by the  serial number and is being seized as it was apparently the communications  device Weiner used to commit the crime.  Seizure and forfeiture of property is very common in Florida criminal cases.  Many times, at the scene of a crime, law enforcement will take a suspect’s phone into evidence. The officer will ask for consent to look into the phone.  If the suspect withholds consent to search, the officer still takes the phone, puts it into evidence and seeks a warrant allowing the contents of the phone to be examined.  It is this writer’s experience, large amounts of cash and nice vehicles are also commonly seized and subject to a civil forfeiture if they can any way be linked to the commission of a felony.  Many firearm or gun crimes cases, for example, are reduced by the filing state attorney to lesser charges; however, any firearm involved in the crime and maybe any other firearms owned by the defendant are typically forfeited as part of the negotiations.  In some of the larger employee theft or embezzlement cases, whatever the defendant has in a 401k retirement account is commonly used in negotiations in a effort to make an up front paydown on the restitution owed. Continue reading

WHAT ALL OF THESE PROGRAMS HAVE IN COMMON, STARTING WITH PRETRIAL SERVICES

The three different programs mentioned above have one major factor in common.  Any defendant that is offered programs such as these probably has a pretty minimal record. Secondly, the charges are not going to be serious charges along the lines of violence or concerning victims that need to be protected.  That’s because these offerings are about 95% within the discretion of the state attorney’s office whether to afford a criminal defendant the chance at one of these programs.  Outside of the state attorney’s office, Pretrial Services in Duval County affords the recently arrested a chance to be released from jail on a cheaper bond or an ROR, release on one’s on recognizance.  The decision to place a person on Pretrial services in Duval County is up to a few select correctional officers who are assigned to the first appearance courtroom at the jail.  These officers first read the arrest dockets looking at the nature of the charges across the board for individuals in the session of first appearance or “bond setting” court.  Many defendants will not even be considered for Pretrial Services, again, due to the nature of their charges.  Once the officer has his stack of individuals whom he thinks might qualify for Pretrial Services release, he pulls their local criminal history as a minimum and nationwide history if he or she has time.  The corrections officer then makes a recommendation to the first appearance court judge for the defendant to be placed into the program.  The defendant then signs an agreement to adhere to the conditions of the program.  Most judges set very reasonable bonds or ROR defendants once a Sheriff’s representative (the corrections officer) makes the recommendation.  Some of the common conditions of Pretrial Services are: weekly drug screening by urinalysis, the wearing of a drug patch, reporting in once a week to a Sheriff’s office location, community service hours, some type of classes trying to help the defendant with identified problems and, if there is a victim, no victim contact or no violent victim contact.  Some particular judges add that no guns or ammunition may be possessed and that the person remain “crime free.”  This writer has had plenty of experience with the program and the assigned officers running this program at the Duval County Pretrial Detention Facility.  This is a program that works.  If offered the opportunity to enter this program, every defendant should take advantage of it.

PRETRIAL INTERVENTION, BOTH MISDEMEANOR AND FELONY

Once a criminal defendant’s case leaves first appearance court, a prosecutor will be assigned to the case.  An exception to that would be if a person was arrested on a warrant which means a prosecutor, as well as a judge has already looked at the case and followed through with a warrant.  The space in time between first appearance court and arraignment is when individual prosecutors are reviewing their respective newly assigned cases and considering options or “filing decisions” setting the case on a path to a just disposition(at least in their mind).  Factors considered in  a filing decision that would result in a Pretrial Intervention, or PTI, offer would be a person’s criminal history, the nature of the immediate crime, any mitigation supplied by the defense attorneys, input from any victims and any possible repayment or restitution keeping the victim whole when a property crime is involved.  In North Florida, a person offered felony PTI will have a meeting set up at the Florida Department of Corrections, Probation and Parole Office.  This makes it seem very much like the person is on probation and many times those on felony PTI refer to their handler as their “P.O.” or their probation officer.  Their handler is actually a probation officer but is working in a “court services” position.  At the initial meeting the defendant will sign a PTI contract spelling out the terms.  The terms do come very close to what this writer labels as “probation in advance.”  The defendant is under the control of the state correctional officer at this point.  The defendant is usually restricted from leaving Duval, Nassau or Clay counties, must notify his or her handler within 24-48 hours or changing addresses, may or may not have a GPS ankle monitor, must report in every week, is subject to random drug testing, may have to make restitution payments, attend classes or rehabilitation programs, and, very similar to probation, his court services officer can go visit him at work or at home.  Overall, Pretrial Intervention at the felony level is one hell of a break for most defendants.  Once the conditions are met and/or the time period has passed with no problems, the department of corrections notifies the state attorney office that the defendant accomplished everything, the felony case is dropped, ie, not prosecuted by the state.  This programs works well also.  Thousands of folks arrested in North Florida have successfully avoided lifetime stigmas of a felony record by taking advantage of a PTI offer, commonly called “diversion” offered at the discretion of the prosecutor assigned to the case.  The flip side is one turns into a “PTI reject”(just what it means), and can’t complete the conditions, the state attorney simply, about 95 -99% of the time, simply files the original felony bringing lifelong implications to the defendant.  Misdemeanor PTI is an internal program run completely within the state attorney’s office.  Obviously, it’s a much easier program since the charges are misdemeanors.  Requirements are similar, classes, community service hours, maybe payments to some specified victim’s fund. There is no reporting, however.  The person just provides proof after 75-90 days that all is complete and, again, the charges are dropped.  The two most common misdemeanor charges PTI’ed in our area are marijuana charges and petty thefts. Continue reading