Tampa Bay Criminal Defense Lawyer Blog

According to an online story on SunSentinal.com, a Coconut Creek man accused of posing as a doctor and offering free door-to-door "breast exams" has reached a deal with prosecutors, lawyers told a Broward County judge on Tuesday.

Phillip Winikoff, 81, was accused in April 2006 of carrying on the ruse with women at an apartment complex in the 3200 block of Northwest 40th Street in Lauderdale Lakes. Investigators said two (2) women took Winikoff up on the offer, allowed him into their apartments and realized something was amiss only after the phony "breast exams" started.

Winikoff was charged with three (3) Felony counts of Sexual Battery, two (2) counts of Practicing Medicine without a License, two (2) counts of Simple Battery, and one (1) count of Using the Title of Doctor without a License.

If tried and convicted, he could have been sentenced to more than forty-five (45) years in the Florida State Prison system for the Sexual Battery charges and another ten (10) years for Practicing Medicine without a License.

It was not revealed Tuesday whether the deal Winikoff reached with prosecutors will keep him out of prison.

Winikoff, who was in court with a half-dozen family members, was scheduled to enter a plea of either Guilty or No Contest, but by the time the prosecutor and Winikoff's lawyer arrived, Broward Circuit Judge Sandra Perlman said she had a Trial to oversee and needed to reschedule the Winikoff plea. No firm date was set.

At the time of Winikoff's arrest, the Broward County Sheriff's Office said he carried a little black bag to lend credibility to his claim of being a doctor. The first victim, 36 years old at the time, told detectives he started the exam by fondling her breasts, and she knew something was wrong when his hands wandered elsewhere.

By the time the victim called 911, Winikoff had already found a second victim, the Broward County Sheriff's Office said.

LADIES, PLEASE TAKE NOTE: The next time a man shows up on your doorstep claiming to be a doctor who performs free door-to-door "breast exams," think twice about accepting his offer. Yes, even if he's got a black doctor's bag.

Continue reading "FORT LAUDERDALE: Plea Deal Reached in Phoney Breast Exam Scam" »

A jury in Hernando County Florida finds son Guilty of First Degree Murder for killing his father, in cold blood, over the popular (and deadly) drug Oxycodone.

In a Brooksville courtroom, Assistant State Attorney Pete Magrino gripped the Revelation 12-gauge, sawed-off shotgun and pointed it at the courtroom wall, just feet from the jury.

He pumped the slide on the shotgun, then pulled the trigger. Pump. Click. Pump. Click. Pump. Click.

"Ivan Horne was shot four (4) times. I don't know how fast or slow the defendant cycled this shotgun when he murdered his father," Magrino told jurors Thursday, pointing at the 20-year-old man sitting at the defense table. "We're not talking one shot."

After a dramatic closing argument by the Assistant State Attorney, the jury took just one (1) hour to find Stephen Horne guilty of First-Degree Murder in the May 2010 shooting of his father, Ivan Horne, 47. Authorities say the son was motivated by drugs and money.

Later, just after Chief Circuit Judge Daniel Merritt Sr. sentenced Horne, of Ridge Manor, to LIFE in prison (without the possibility of parole), the convicted killer turned to sobbing family members sitting two rows behind him, and he smiled.

Some told Horne they loved him. Others couldn't say anything. As deputies escorted him out, he glared at news reporters.

Horne was also convicted of Robbery with a Firearm and Possession of a Short-Barreled Shotgun.

His accomplice, Angel Gonzalez, 28, of Holiday, was convicted last month of First Degree Murder and was also sentenced to LIFE in prison.

In court Thursday, Magrino read portions of a damning confession Horne had given to Hernando sheriff's Detective Bryan Faulkingham.

" 'I killed my father. I shot my father. I planned it all,' " Magrino read. " 'I hated my father. I seen dollar signs. I planned it out. Everything was all my idea. I was going to get away with it.' "

The two (2) men stole Ivan Horne's prescribed Oxycodone pills and between $200 and $600, Magrino said. Then they stripped him of his boots, trousers and cell phone.

"The state has proven that defendant right there," Magrino said, pointing at Horne, "is a cold-blooded killer."

A rather disturbing story was featured in today's St. Pete Times about a Seminole mother who tried to sell her son for $2,000 because of her addiction to prescription drugs.

The 5-year-old boy was excited to start kindergarten Tuesday in Tampa.

Jim and Betty Gardner, who have helped raise the boy since he was an infant, were working hard to prepare him by establishing a morning routine.

Now, they're worried how his first school year will begin.

The child was taken into protective custody Saturday after authorities arrested his mother and accused her of trying to sell him to the Gardners for $2,000.

Jessica Mickles Beers, 28, whose last known address was in Seminole, was charged with Felony Sale of Parental Rights along with a Violation of Probation (VOP) on her pending Grand Theft charge. At her First Appearance Hearing on Sunday, bail was set at $10,000.

Gardner, 58, said he and his wife met Beers when the boy was just a few months old after she called their church for assistance. They took food and diapers to her.

Beers essentially was homeless, but was living with other people. She asked to move in with the Gardners and they agreed, Gardner said.

For the next five (5) years or so, the Gardners, who have fostered numerous children over the years, helped take care of Beers and her child.

About two years ago, Beers began talking about having the couple take guardianship of her son but never followed through with it. Early Saturday, Gardner said, Beers called him and offered to sign away her parental rights if the Gardners would pay her $2,000.

"It was money or else ..." Gardner said. "I thought 'Whoa, that's illegal.' "

He contacted the Pinellas County Sheriff's Office (PCSO), which arrested Beers at a Seminole grocery store when she came to collect the cash.

The child was not with Beers, but she told authorities where he could be found, Gardner said. Gardner said he believes Beers is addicted to prescription drugs.

Continue reading "SEMINOLE: $10,000 Bail for Mom Accused of Trying to Sell Her Son" »

I'm all for individuality and one's right to tattoo (almost) anything they want on their body. However, there comes a time when you are just asking for trouble....

Yesterday, an man was arrested under the authority of a U.S. Immigration and Customs Enforcement (ICE) warrant.

Ismael Hernandez-Ambrosio, of Clearwater, was booked into the Pinellas County Jail around 3:00 p.m. Tuesday afternoon. And I'm sure the arresting officer(s), detention deputies and jail staff enjoyed listing his "Scars, Marks & Tattoos" (as is routinely done when being booked into the Pinellas County Jail.

Unfortunately for Mr. Hernandez-Ambrosio, his "F*CK THE POLICE" Tattoo, going straight across his face, problem didn't earn him any brownie points, or an extra juice cup, or an extended, long-distance phone call.

If there is any moral to this story, it has to be "think twice" or three (3) times before inking yourself in such a negative way. As the former Gang Unit Prosecutor in Pinellas County, Florida, I've seen negative tattoos become damaging evidence used by prosecutors against arrested individuals.

All of us at the SLAVIN LAW FIRM wish Mr. Hernandez-Ambrosio a pleasant trip down to the Krome Detention Center in Miami and a happy and safe stay before he appears in the Krome Immigration Court (prior to arriving at his final point of destination -- which appears to be Burma / Myanmar).

Casey Anthony's defense team has announced that they will be appealing her four (4) Misdemeanor convictions from her recent First Degree Murder trial.

Friday morning, Casey's defense attorneys filed their Notice of Appeal for the four (4) counts of misleading law enforcement, for which she was convicted by the same jury that acquitted her of First Degree Murder.

It was almost three (3) years ago that Casey told Orange County deputies the following:

(1) That she worked at Universal Orlando Resort in 2008,
(2) That she left Caylee with a babysitter named Zenaida Gonzalez,
(3) That she told Jeffrey Hopkins and Juliette Lewis that Caylee was missing,
(4) That she spoke to Caylee on the phone on July 15, 2008.

Casey was charged and convicted of a separate count for each of the above false statements. She was fined the maximum $1,000 for each count, totaling $4,618 after court costs.

Judge Belvin Perry also sentenced Casey to a total of four (4) years in jail, which has already been shortened based on the time she has spent behind bars (awaiting trial), and her good behavior in jail. Casey is due to be released Sunday.

From a strategic standpoint, an appeal could have a huge effect on Casey's civil case involving Zenaida Gonzalez, which took a bizarre turn Friday morning after a quick end to an emergency hearing.

Once the appeal is formally filed, she can legitimately assert her Fifth Amendment right against self-incrimination in any deposition or interrogation until the appeal is exhausted!

As far as Casey is concerned, there is no downside to this legal maneuver. If she loses the appeal, she will still be released from jail on Sunday. She cannot be punished for appealing.

Another bright move by her defense team to, once again, protect her from having to tell the truth about what happened to her daughter Caylee.

Continue reading "ORLANDO: Casey Anthony to Appeal Her 4 Misdemeanor Convictions" »

As reported by BayNews9, Polk County Sheriff Grady Judd is at it again.

In another "cost-cutting" measure, the Polk County Jail will no longer provide free underwear to its inmates.

Normally, when an inmate is booked in the jail, they are given an orange shirt, orange pants and underwear.

In order to save money, Polk County Sheriff Grady Judd has proposed making males inmates pay if they want their "tighty whities."

The cost-saving measure was part of the sheriff's 2011-2012 budget he presented to county commissioners Thursday afternoon. Judd said it will save the county $45,000.

Although women behind bars will still be provided underwear, the men will have to pay.

"For those who don't want to pay, they can let the breeze blow up one leg and out the other," Judd said (in classic Grady Judd fashion).

The idea drew smiles from several county commissioners and laughter from the crowd.

"You and I buy it at the store. So, if they want it, they can buy it," he said. Judd said they are also cutting eleven (11) positions, including six (6) supervisors.

Judd says while his department is doing more with less, his highest priority remains keeping the people of Polk County safe.

Judd said the new policy will not cause the quality of service from the department to go down.

"None of these cuts will keep us from answering the call," Judd said.

FYI -- As for the underwear, it's about $2.50 for briefs and $4.50 for boxers. The choice is up to the inmates.

"We give our inmates choices at our jail," he said.

The new underwear rule will breeze into effect Aug. 1st.

Continue reading "POLK COUNTY: No More Free Underwear for Male Inmates" »

While the Tampa Bay Criminal Defense Lawyer Blog regularly reports on the latest legal trends throughout the State of Florida, I sure hope this doesn't become the latest Florida trend: beating people up and posting videos online.

PALM BAY

Two (2) 15-year-old teens were arrested in Palm Bay after police were tipped to a video of them beating another teen unconscious, according to TCPalm.

In an example of the increasingly voyeuristic behavior people are exhibiting on social media web sites, a pair of 15-year-old boys were arrested because of a video one of them allegedly posted on Facebook showing his friend beating another teenager unconscious.

The 15-year old victim of the beating did not tell his parents or go to the hospital, police say. Rather, police were alerted to the beating and ultimately made the arrests acting off a tip from a witness who saw the video on Facebook.

Police arrested David Wayne Howard Jr. and Anthony Vincent Faiola, both 15. They appeared before a Juvenile court judge Thursday at the Moore Justice Center and were ordered held at the Juvenile Detention Center for twenty one (21) days.

Howard was charged with Aggravated Battery, Resisting Arrest without Violence and Solicitation of Gang Activity.

Faiola was charged with Accessory after the Fact and Resisting Arrest without Violence.

"They were defiant; no remorse," Palm Bay police Officer Kevin Morris said of the teens' demeanor hours after their arrest.

"We believe that they posted the video to promote their gang activities. The victim just made a comment about them belonging to a gang, but it was nothing that deserved this type of retaliation. We're also looking into whether there may be other videos."

Faiola videotaped the beating and it was later posted on Howard's personal Facebook profile page, police said. The incident happened Tuesday, but only surfaced Wednesday after a concerned resident alerted Palm Bay police.

The video shows Howard delivering several successive kicks to the victim's head in front of onlookers, at one point stomping on the boy's head as he lay on the ground. A girl's voice captured on the video is heard saying, "Oh my God," repeatedly while the attack continues.

"(The victim) didn't go to the hospital. In fact, he didn't even tell his family," Morris said.

From the video, officers with the department's Youth Services were able to identify several witnesses to the attack, all who attend Heritage High. The fight reportedly happened on Grandeur Road. Howard's family members later removed the video from his Facebook page, police said.

Law enforcement officials and other experts say the video is the latest example of boldly posted videos, texts or photographs that depict illegal or illicit activity. In 2007, a video of a 12-year-old Brevard County girl being beaten by peers was posted online. Across the nation, fights between teens are being captured on cell phones or other mobile devices and posted on social media sites within minutes.

"It's human nature to act in certain ways. It's just that the technology has changed," Brevard County Assistant State Attorney Wayne Holmes said. "People do things and they want to brag. It's just being carried on in a different way. The fact that it's being thrown on an online media site is no different than the bully in the classroom."

Morris also noted a recent trend of teens, including some in the Palm Bay area, getting together to do "wrestling-style" fights for online video-postings on sites like YouTube, although those cases involve willing participants.

The victim, whose injuries were described as not serious by police, did not want to come forward, primarily out of fear. Police said the incident began when the victim questioned one of the teens about involvement in a gang called "3-2-1," a [very original] name borrowed from Brevard County's area code.

Howard later told police that he had formed the "3-2-1 Boyz" or "3-2-1 Crew " gang and wanted to "beat his .¤.¤." because of derogatory remarks about the group. Police said they tracked Howard to his home on Grandeur Road. The teen ran inside and refused to answer the door for at least 20 minutes before his uncle arrived and ordered him to leave the home, according to police reports.

Howard and Faiola are scheduled for a June 16 trial in Juvenile Court and face one (1) to six (6) years in Juvenile detention. The state attorney's office will review the case to determine whether to charge one or both teens as adults. A conviction as an adult on an Aggravated Battery charge carries a penalty of up to fifteen (15) years in the Florida State Prison system.

WINTER HAVEN

In Winter Haven, a brother and sister, 18 and 16-years-old, were arrested after they were identified in a cellphone video beating a 14-year-old girl, TheLedger.com reports. The girl was thrown to the ground and kicked her in her face, police said. "He did what appears to me like a punter trying to kick a field goal," a Winter Haven police spokeswoman said. "It's really a blessing that she did not get any more injuries than what she had."

Walter Bouiye, 18, of 1695 Marshall Road, in Winter Haven, and his 16-year-old sister were charged in the attack, according to Winter Haven police.

Bouiye was booked Wednesday into Polk County Jail on charges of Child Abuse and Contributing to the Delinquency of a Minor. He remained jailed Thursday in lieu of $1,500 bond.

His sister was charged with Misdemeanor Battery and taken to the Juvenile Detention Center (JDC).

Police withheld her name because she is a Juvenile and charged with a misdemeanor-level crime.

Officers were able to identify the suspects through witnesses at the scene, but the video, later found on online, assisted.

Obviously, the lesson learned from both of these stories is that law enforcement is using social media sources to build criminal cases against suspects throughout the State of Florida. Hopefully, teens will begin to realize this before they ruin their lives over stupid activity.

According to an online story this morning on TampaBay.com, two (2) University of Florida basketball players, Cody Larson and Erik Murphy, were arrested for Felony Burglary early Sunday morning in St. Augustine. They have both been released on bail.