SAO Newsletter Issue 3 Oct. 2013

4
  judge decides if the immunity is warranted. Many citizens, including law enforcement officers, are protected by this law. How- ever, we have seen numer- ous instances where individu- als use deadly force to end a fist fight and are able to take advantage of this law.  JUDF is a complicated law, but inures to the benefit of law abiding citizens who are truly using justifiable force in defense of themselves or others. In the last two SAO Side- bar issues, we covered why we did not use a Grand Jury in the George Zimmerman case. We also addressed how an “overcharge” is vir- tually impossible in the State of Flo rida. Now, we will address another hot button topic - Stand Your Ground. This law has sparked a lot of conversation, which is good. However, many times the concept of Stand Your Ground is misunderstood. While the defense of Justifia- ble Use of Deadly Force (JUDF) has been around for years, it wasn’t until the shooting of Trayvon Martin that people really started to talk about it. While we expected Zimmerman to avail himself of a SYG hearing, he chose not to. We always be- lieved the issue in the Zimmer- man case was that he was the initial aggressor and the force used against Trayvon Martin was excessive. We handle cases weekly where Stand Your Ground is asserted and hearings are conduct ed. While any de- fendant can claim the defense, a The Rebuttal The State Attorney Sidebar OCTOBER 2013 VOLUME 1, ISSUE 3 SPECIAL POINTS OF INTEREST: A message from the State Attor- ney Third Re- sponse to questions regarding the Zimmer- man case Recent SAO trial victories B.A.C.A. Or- ganization Featured SAO em- ployee Domestic Violence  warning signs A Message From the State Attorney The month of October is Domestic Violence Awareness Month. This is a crime that not only affects women, but also men. The good news is you don’t have to be a victim. Many times, there are signs that a relationship is on a downward spiral and action can be taken before it is too late. In the safety tips sec- tion of The SAO Sidebar, we have listed warning signs of domestic vio- lence and some tips on how one can avoid be- coming a victim. God Bless. ~Angela The third in a series of responses to quesons about the Zimmerman case  

Transcript of SAO Newsletter Issue 3 Oct. 2013

  • judge decides if the immunity

    is warranted.

    Many citizens, including law

    enforcement officers, are

    protected by this law. How-

    ever, we have seen numer-

    ous instances where individu-

    als use deadly force to end a

    fist fight and are able to take

    advantage of this law.

    JUDF is a complicated law,

    but inures to the benefit of

    law abiding citizens who are

    truly using justifiable force in

    defense of themselves or

    others.

    In the last two SAO Side-

    bar issues, we covered why

    we did not use a Grand Jury

    in the George Zimmerman

    case. We also addressed

    how an overcharge is vir-

    tually impossible in the State

    of Florida. Now, we will

    address another hot button

    topic - Stand Your Ground.

    This law has sparked a lot

    of conversation, which is

    good. However, many times

    the concept of Stand Your

    Ground is misunderstood.

    While the defense of Justifia-

    ble Use of Deadly Force

    (JUDF) has been around for

    years, it wasnt until the shooting

    of Trayvon Martin that people

    really started to talk about it.

    While we expected Zimmerman

    to avail himself of a SYG hearing,

    he chose not to. We always be-

    lieved the issue in the Zimmer-

    man case was that he was the

    initial aggressor and the force

    used against Trayvon Martin was

    excessive. We handle cases

    weekly where Stand Your

    Ground is asserted and hearings

    are conducted. While any de-

    fendant can claim the defense, a

    The Rebuttal

    The State Attorney Sidebar

    O C T O B E R 2 0 1 3 V O L U M E 1 , I S S U E 3

    SPECIAL

    POINTS OF

    INTEREST:

    A message

    from the

    State Attor-

    ney

    Third Re-

    sponse to

    questions

    regarding

    the Zimmer-

    man case

    Recent SAO

    trial victories

    B.A.C.A. Or-

    ganization

    Featured

    SAO em-

    ployee

    Domestic

    Violence

    warning

    signs

    A Message From the State Attorney The month of October

    is Domestic Violence

    Awareness Month.

    This is a crime that not

    only affects women, but

    also men. The good

    news is you dont have to

    be a victim.

    Many times, there are

    signs that a relationship is

    on a downward spiral

    and action can be taken

    before it is too late.

    In the safety tips sec-

    tion of The SAO Sidebar,

    we have listed warning

    signs of domestic vio-

    lence and some tips on

    how one can avoid be-

    coming a victim.

    God Bless. ~Angela

    The third in a series of responses to questions about the Zimmerman case

  • P A G E 2 V O L U M E 1 , I S S U E 3

    guilty of Schemes to Defraud,

    False Insurance Claims and

    Knowingly Participating in an In-

    tentional Motor Vehicle Crash.

    ~ASAs Joe Licandro and Michael

    Kennedy

    Kim Jackson was sentenced to

    death for First Degree Murder.

    ~ASAs Alan Mizrahi and Theresa

    Simak

    Maurice J. Jackson was con-

    victed of Attempted Murder in

    the Second Degree and PFCF.

    ~ASAs David Thompson and

    Katie Deal

    Alfred L. George was convict-

    ed of Burglary (Occupied Dwell-

    ing). ~ASAs Ashley Young and

    Mai Tran

    John A. Ramos was found guilty

    of Aggravated Battery. ~ASAs

    Rebecca Emert and Avery Sander

    Rodney L. Long Jr. was con-

    victed of two counts of Burglary

    (Dwelling). ~ASAs Sandra Rosen-

    dale and Mark Hulsey

    George P. Landgraff was found

    guilty of Murder in the First De-

    gree and Armed Burglary with

    Assault or Battery. ~ASA Jeff

    Moody

    Norman J. Thompson was

    convicted of Sexual Battery.

    ~ASAs Alan Mizrahi and Theresa

    Simak

    Luis E. Amador-Carbajal was

    found guilty of Attempted Murder

    in the First Degree and PFCF.

    ~ASAs Garrett Hill and Matt Po-

    limeni

    Anthony R. Christopher was

    convicted of Armed Robbery.

    ~ASAs Sandra Rosendale and

    Yiolanta Jones

    Zaynus C. Crawford was con-

    victed of Aggravated Assault

    (Domestic). ~ASAs Gary Bryant

    and Rachel Demers

    Alexander J. Silvers was found

    guilty of three counts of Battery

    and two counts of Unlawful Sex-

    ual Activity with Certain Minors.

    ~ASAs Catherine Licandro and

    Chris Bracken

    Eric L. Myrick was convicted

    of Armed Robbery with a Fire-

    arm and False Imprisonment.

    ~ASAs Ryan Healy and Lewis

    Price

    David R. Lopez was found

    Justice Promised, Justice Delivered

    Hearings and Cheerings

    On October 1st, the SAO welcomed eleven new Assistant State Attorneys to the Fourth Judicial

    Circuit. They were sworn in by the Honorable Adrian Soud and State Attorney Angela Corey.

    This group of men and women studied law at various universities, including the University of Flor-

    ida, Florida State University, Valparaiso University, Stetson and Florida Coastal School of Law. Most

    of them recently passed the Florida Bar Exam. One of our new ASAs was a former prosecutor for

    the Eighth Judicial Circuit.

    Congratulations to the

    newest Assistant State Attor-

    neys of the Fourth Judicial

    Circuit!

  • P A G E 3

    Every BACA

    member is

    dedicated to

    lending their

    physical and

    emotional

    support to each

    child abuse

    victim.

    Victims Voice

    Off The Record

    Special Acknowledgement Opportunity Keith Jordan has been part of the SAO since Octo-ber 2012. Last year, Ms. Corey met Keith while in line at Solo-mons store. He shared with her his interest in the crimi-nal justice system and his desire to one day be in law

    enforcement. Ms. Corey was impressed with Keiths enthusiasm and suggested that he apply for a job with our office, which he did. In addition to being a student at Trinity Baptist College, Keith worked as an OPS Clerk and is now a full-time employee in File Con-

    trol. Keith says that he looks

    forward to coming to work

    every morning and is grate-

    ful for all of the opportuni-

    ties that have come his way

    since working at the SAO.

    partner with professional dancers from our area and take part in the dance competition. Each couple performed an original piece for the audience and the judges.

    On September 21st, the Beaches Fine Arts Series hosted their annual First Coast Dancing with the Stars event. SAO Investi-gator Adam Kline was chosen, along with ten other local celebrities, to

    The event raised a total

    of $60,000. Every ticket

    purchased helped benefit

    the Beaches Fine Arts Se-

    ries, which provides local

    children with free con-

    certs and art workshops.

    male and female bikers from a variety of backgrounds who also work full-time jobs. When BACA is chosen to work with a child, and the childs parent is present, they deploy a group to ride in their biker gear to meet with the child. They introduce them-selves by their biker name and conduct a ceremony in which the child is given a ted-dy bear for comfort and their own biker nameadopting them into the BACA family. Two BACA members are then assigned as primary contacts for the child 24-hours a day. The victim can call their biker brother or sister to come with them to therapy, court or even stand outside of their house if they are feeling

    scared. This type of physical pres-ence provides the child with the security they need to regain their confidence. Every BACA member is dedicat-ed to lending their physical and emotional support to each child abuse victim. These individuals stand ready to shield the child from any further abuse while at the same time, encouraging them to not feel afraid of the world in which they live. For more information about BACA, go to their site at: www.bacaworld.org

    The SAO works closely with different organizations that pro-vide support for victims in our community. Bikers Against Child Abuse (BACA), is a non-profit organiza-tion that strives to create a safer environment for young, abused children by empowering and sup-porting them. It was founded in 1995 by John Paul Chief Lilly, a Licensed Clinical Social Worker, who spent a majority of his twen-ty plus years working with abused children. He found that although the system helped children, there was still a lack of security. Each volunteer member of BACA must go through an exten-sive process that includes federal and state background checks and a one year internship program.

    The organization consists of

    Keith Jordan

    Inv. Adam Kline and his dance partner Ruhiyyih McKinley

    BACA Bike Pack

  • The decision is based solely on the facts and the death penalty aggrava-tors and mitigators involved in the case. What many may not realize is that in order to seek death in a case, the facts and circumstances must meet a set of statutory aggravators which must outweigh the statutory and non-statutory mitigation factors. In Florida, there are sixteen aggrava-tors. Some of which are: prior violent felony convictions, great risk of harm to many people, heightened premedi-tation, felony murder and heinous, atrocious and cruel. Just because the State seeks a death sentence does not mean the defend-ant will go to death row upon convic-tion. Both the jury and judge are a

    Recently, there have been several death penalty cases highlighted by the media. In order to set the record straight, we want to inform you how the decision is made to seek death in a case. The decision to seek death is based on the facts of the case and the law. In other words, we look at the way the murder was committed what the defendant did; and we rely on Florida Statutes which clearly detail the aggravating and mitigating fac-tors that determine whether the death penalty is appropriate. Experienced Homicide Assistant State Attorneys thoroughly review each case that is considered to be death qualified and the State Attor-ney makes the final decision.

    part of the decision making process. Once the jury reaches a verdict of guilty in the trial phase, that same jury then returns for the penalty phase. The jury hears evidence of the aggra-vating and mitigating circumstances in the case. The jury is given detailed instructions on how to weigh those factors. The jury then deliberates and makes an advisory recommendation, which the court must give great weight. If the jury votes by a majority that the defendant be sentenced to death, the recommendation then goes to the judge. It is up to the trial judge to make the final decision on whether a death or a mandatory life sentence will be imposed.

    Setting the Record Straight

    Safety Zone Warning signs of domestic violence

    Many actions that are interpreted as caring, attentive and romantic are actually early warning signs for future abuse. Some examples include:

    INTRUSION Your partner constantly asks what you are doing, who you are with, etc. Your partner also regularly checks your cell phone or e-mail without permission.

    ISOLATION Insists that you spend all or most of your time together, cutting you off from your friends and family.

    POSSESSION & JEALOUSY Your partner accuses you of flirting or having sexual relationships with others and monitors what you wear or who you talk to.

    NEED FOR CONTROL Displays extreme anger or fits of rage when things do not go their way and attempts to make all decisions for you.

    UNKNOWN PAST Your partner is secretive about their past relationships, but feels the need to know

    every detail about yours.

    DISRESPECTFUL Is constantly putting you down or refers to members of the opposite sex in a derogatory

    manner.

    Remember to contact authorities if you see or hear any evidence of domestic violence. For more information

    and helpful links to domestic violence agencies, please visit our website!

    www.sao4th.com

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