Tampa Bay Criminal Defense Lawyer Blog

Sara Lou Kenny, 20, of New Port Richey, needed some clean urine to pass a drug test so, authorities say, she tried to smuggle the urine from her friend's 4-year-old son past a probation officer and pass it off as her own.

It didn't work!!!

Kenney was arrested Friday at a substance abuse program office on Little Road in New Port Richey, according to the St. Pete Times.

Her friend and roommate, 26-year-old Amber Tobeck, was also arrested at the same office for giving her son's urine to Kenny, according to the Pasco County Sheriff's Office.

Both women are on Felony Probation - Kenny for Drug Offenses and Tobeck for Fraud and Theft convictions - according to the Florida Department of Corrections. Kenny's two-year drug court probation sentence began Feb. 1st. An arrest report said Kenny had methadone that was not prescribed to her.

Kenny and Tobeck are being held without Bond at the Pasco County jail on charges of Violating their Probations. Kenny is unemployed. Tobeck told authorities she is a waitress at the Cracker Barrel restaurant in New Port Richey. Gotta love their chicken-n-dumplings!

Continue reading "NEW PORT RICHEY: Pasco Woman Tries to Beat Drug Test With Toddler's Urine" »

The culmination of a 10-month drug investigation called "Operation Pill Poppers" was impressive: 74 suspects were identified, 150 counts of Doctor Shopping, otherwise known as "Withholding Information from a Practitioner," were filed and 55,006 pills, with a street value of approximately $750,000, were seized. For the complete story, check out the article in today's St. Petersburg Times.

However, by the end of Monday's six-hour roundup, staged at a closed Egg Platter restaurant on U.S. Highway 19 in Pinellas Park, dozens of suspects remained at large. The Pinellas County Sheriff's Office (PCSO) and the St. Petersburg Police Department (SPPD) arrested eleven (11) suspects that day, plus nine (9) from the week before.

"Operation Pill Poppers," announced to the public as it was happening, was designed partly to raise awareness of the growing prescription drug problem in the Tampa Bay area (which this author has written extensively about over the last year). But it also highlights how tricky it is to curb such crimes when the addiction is so powerful, the drugs aren't illegal and the law hasn't caught up with the problem.

Law enforcement agencies throughout Florida have been gradually shifting their focus from the "more traditional" drugs like marijuana and cocaine to a completely different animal that bears little resemblance to yesterday's Drug Offenses. During "Operation Pill Poppers" 10-month Pinellas County investigation, narcotics detectives relied heavily on intelligence gathered from pharmacists and doctors.

Putting aside the thousands of lives that have been shattered by this recent wave of prescription drug abuse, the most sobering statistic lies in the number of recent deaths in Pinellas County.

Just last month (January 2010), three (3) women and one (1) man who had cases in Pinellas County's Drug Court died from prescription drug overdoses, said Shannon Loveday, who manages the Drug Court.

A 2008 St. Petersburg Times investigation found that prescription painkillers and anti-anxiety drugs kill about 500 people a year in the Tampa Bay area, triple the number killed by illegal drugs such as Cocaine and Heroin.

Moreover, the Pinellas County Sheriff's Office (PCSO) narcotics division has doubled from four (4) detectives to eight (8), with two (2) added supervisors. The hope, according to authorities, is to prevent Pinellas County from turning into Broward County, which is known as a magnet for out-of-state prescription drug buyers.

Because a statewide prescription computer system does not yet exist in Florida, as it does in several other states, Doctor Shopping and prescription fraud is rampant. Doctors still use handwritten paper prescriptions, which are easy to forge, and law enforcement agencies must primarily rely on pharmacists to report suspicious customers.

Last year, Hillsborough County sheriff's detectives wrapped up a 10-month investigation called "Operation Bad Medicine" with more than 100 arrests. A doctor, two (2) nurses and three (3) medical assistants were among them.

After years of debate, the Legislature approved a bill last year creating a database to track prescription drug sales in an effort to curb Doctor Shopping and illegal Drug Trafficking. But the details of the monitoring program still need to be worked out before it is implemented.

Right now, Florida is the largest of sixteen (16) states without such a program.

And, in the eyes of this author, law enforcement will not make major strides in curbing our County's prescription drug abuse problem until such an electronic database is created to notify doctors, pharmacists and law enforcement officers that someone is obtaining and/or filling multiple prescriptions, for the same or a similar drug, in the same month. Until then, we will see more crime, more overdoses and unfortunately - more needless deaths.

Continue reading "PINELLAS COUNTY: "Operation Pill Poppers" Cracks Down on Prescription Drug Abuse" »

Sometimes, good police work requires that you get down and dirty.

Earlier this week, in Weymouth, Massachusetts, Rene Valencia, a 24-year-old entrepreneur (i.e., "drug dealer") charged with Attempting to Sell Heroin and Cocaine near Weston Park allegedly swallowed his drugs rather than face the consequences of getting caught red-handed. However, the police in this small northeastern town (known for being the home of the world's busiest Dunkin' Donuts) one-up'd the hungry suspect when they obtained a Search Warrant for his bowel movements!! How's that taste, Mr. Valencia?

"He did not think that the detectives would go through the difficulty of getting a search warrant to retrieve the drugs from his bowel movement," Lt. Rick Fuller said on Feb. 3. "He was wrong."

Fuller said that detectives recovered seven (7) bags of heroin, eleven (11) bags of cocaine, and two (2) bags of crack cocaine from Rene Valencia, following a surveillance operation on Washington Street in Weymouth.

Valencia was arraigned in Quincy District Court on Feb. 3rd for Possession of Heroin with Intent to Sell, Possession of Cocaine with Intent to Sell, Conspiracy to Violate Massachusett's drug laws, and committing drug violations near a park.

According to Lt. Fuller, Valencia arrived near Weston Park to sell the drugs at 11:50 a.m., when undercover detectives approached him. "Upon approaching his vehicle, the suspected drug dealer began swallowing several small bags of drugs," Fuller said.

Detectives arrested Valencia and took him to South Shore Hospital where the drug contents were recovered.

Valencia later told the detectives that he has swallowed drugs on many occasions when pulled over by the police. According to police, this case shows the extent that drug dealers will go to not get caught. It also shows the extent that creative police officers will go to in order to make a case against them.

Continue reading "WEYMOUTH, MASSACHUSETTS: Search Warrant Obtained for Drug Dealer's Bowel Movements" »

A 20-year-old St. Petersburg man was sentenced to three-and-a-half (3 1/2) years in prison after pleading guilty to a charge stemming from a fatal wreck that killed two (2) people - his 23-year-old cousin, who was a passenger in his car, and a 59-year-old woman, who was a passenger in the other car. For the complete story, check out the TBO.com story.

Joshua Malone's prison term will be followed by twenty-four (24) months of community control (aka: "house arrest").

Last December, Joshua Malone pleaded guilty to Driving a Motor Vehicle Without a License - Involving Death. Earlier this week, he was sentenced at the Pinellas County Criminal Justice Center.

An unrelated case involving the Sale and Possession of Cocaine was also resolved and included in Malone's 42-month prison sentence.

Malone, who was only eighteen (18) years-old at the time of the Feb. 9, 2008 wreck, was sentenced as a "Youthful Offender," which limited/reduced his maximum exposure to six (6) years in prison.

According to the Pinellas County Sheriff's Office (PCSO), Malone was driving a Ford Focus east on the Treasure Island Causeway when a Lexus turned in front of him to go south on Paradise Boulevard. Malone's Ford Focus T-boned the Lexus.

Because Malone was under 21-years of age at the time of his Sentencing Hearing, along with the fact that he had never been previously sentenced as a "Youthful Offender," it was within the Court's discretion to "depart" from the sentencing guidelines.

Continue reading "PINELLAS COUNTY: "Youthful Offender" Sentence for 20-Year Old Involved in Fatal Car Wreck" »

The Hillsborough County Sheriff's Office uncovered a marijuana grow house in the Plantation subdivision of Tampa on Sunday.

More than fifty-five (55) marijuana plants averaging four (4) to five (5) feet tall were found in the home at 11313 Hollyglen Drive, according to the Hillsborough County Sheriff's Office.

Deputies also found lighting and growing equipment which will probably lead to a Felony charge of Cultivation of Marijuana.

On Sunday evening, deputies were in the process of dismantling the equipment and seizing the marijuana plants and growing paraphernalia.

A 60-year-old man was taken into custody at the home, the Sheriff's Office said.

He was not immediately identified.

For those of you that are not familiar with the signs of a "Grow House," check out the diagram above to see if you recognize any in your community.

Continue reading "TAMPA: Marijuana Grow House Busted by Hillsborough Deputies" »

As we enter another Holiday Season, the SLAVIN LAW FIRM would like to wish you and yours a Happy and Safe Holiday weekend.

With the support of all of our friends, family and clients, 2009 was another excellent year for the SLAVIN LAW FIRM. And for that, we have much to be thankful for this Holiday Season.

To our family and friends, thank you for your patience and understanding when it was necessary to work late nights and/or weekends.

To our business colleagues and our outstanding network of fellow attorneys, thank you for not only your referrals but for the trust that you have placed in the SLAVIN LAW FIRM to provide an experienced and aggressive representation to those that you've sent our way.

And to both our former and present clients, thank you for the trust that you have placed in the SLAVIN LAW FIRM to protect your rights and to handle your important criminal and/or traffic-related matters.

On behalf of the entire SLAVIN LAW FIRM team, have a Happy, Healthy and Safe Holiday Season.

Continue reading "CLEARWATER: Happy Holidays from the Slavin Law Firm" »

In another addition of: "Only in Florida." More specifically, "Only in the Tampa Bay area." This story was featured in this mornings St. Pete Times.

This was probably not the best Thanksgiving for Ronald R. Conkright.

His troubles first started when he called 911 at 11:47 p.m. Thursday (Thanksgiving evening). He told the 911 operator: "I'm looking for a friend. It was one last joke."

Pinellas County sheriff's deputies showed up at his home at 2504 55th Avenue North, but Conkright, 62, didn't answer the door.

At 2:26 a.m. Friday, he called 911 again. This time he reported a Domestic Violence dispute with his wife. According to his arrest affidavit, he told the 911 operator: "I hurt my wife and she is in heaven."

Deputies returned to his home (for a second time now). This time Conkright answered the door. After talking with him, deputies discovered Conkright was not married. They then discovered more.

"When asked what his emergency was, and why he called 911, Conkright brought deputies into his home to look for his wife, and to show us an amount of marijuana, over 20 grams, which was on his kitchen table," the arrest affidavit states.

Conkright then told the deputies: "You can arrest me now."

He was charged with Making a False 911 Call, Felony Possession of Marijuana (over 20 grams) and Possession of Drug Paraphernalia.

Not surprisingly, Conkright's arrest affidavit states that he showed an indication of "drug influence."

Continue reading "ST. PETERSBURG: Man Calls 911 to Show Deputies the Marijuana on His Kitchen Table???" »

A scheme to rob a man of his prescription painkillers "backfired" Tuesday, police said, leading to the arrests of three (3) men -- one accused of shooting the victim in the leg.

The trio planned to rob Gordon Kendrick, 28, right after he went into a pharmacy to have an Oxycodone prescription filled, police said. Tampa Bay criminal defense attorney Aaron J. Slavin, Esq. of the Clearwater-based SLAVIN LAW FIRM, has seen a sharp increase in the number of Oxycodone cases that his office has retained. These cases range from simple Possession of Oxycodone and/or Trafficking in Oxycodone to Obtaining a Controlled Substance by Fraud and/or Doctor Shopping cases (as Oxycodone as certainly become "the clear drug of choice" among residents in the Tampa Bay area.

Ryan L. Holmberg (below/center), 23, of 1320 14th St. in Palm Harbor is accused of shooting Kendrick. He was charged with Robbery with a Deadly Weapon, Aggravated Battery, Throwing a Deadly Missile into a building and being a Felon in Possession of a Firearm.

Also arrested, police said, were Sean M. Perry (below/left), 25, of Clearwater, who drove the getaway car, and Daniel C. Kane (below/right), 31, of Tampa, who helped coordinate the robbery.

At least one of the men knew Kendrick, said Clearwater police spokeswoman Beth Watts.

Arrest reports show Kane communicated with Holmberg by telephone to let him know when to go to the pharmacy.

Perry then drove Holmberg to Trinity Pharmacy at 1474 S Belcher Road. Holmberg approached Kendrick and demanded the pills when Kendrick left the store.

When Kendrick said he didn't have anything, Holmberg shot him in the right thigh with a semi-automatic handgun, according to a St. Pete Times article. The bullet passed through Kendrick's thigh and went into the occupied pharmacy. No one else was injured.

The incident happened around 4:45 p.m.

Kendrick was treated at Morton Plant Hospital and released later Tuesday, a hospital spokesman said. Kendrick was able to identify at least one of the men, arrest reports show.

All three men were taken to the Pinellas County Jail.

Continue reading "CLEARWATER: Botched Oxycodone Robbery Lands 3 Men in Jail" »

A self-proclaimed minister who claimed he smokes marijuana for "religious" and health reasons has been found Guilty of a Felony charge of Manufacturing/Cultivating Marijuana for growing 100 plants.

It took a Brevard County jury only 14 minutes Friday to find 53-year-old Steven Swallick Guilty of the above-mentioned offense. He faces up to 10 years in prison when sentenced next month.

Swallick told the Judge outside the jury's presence that he is affiliated with the "Hawaiian Cannabis Ministries" and that he smokes marijuana and uses it as an ingredient in anointing oil, health drinks and incense to drive away evil spirits. Swallick gets points for originality for his novel, yet unsuccessful defense.

However, Circuit Court Judge Jim Earp ruled that Swallick could not give such testimony to the jury. And, as we've now learned, without his "defense" being submitted to the Jury, it took less than fifteen (15) minutes to convict him.

Continue reading "VIERA, FL: Pot-smoking minister Guilty of Growing it" »

The "King of Hudson" has been dethroned.

A federal judge has sentenced Arde Olsen, also known as the "King of Hudson," to 20 years in prison for Trafficking in Oxycodone.

The U.S. Attorney's Office said Olsen was the ringleader of a large oxycodone trafficking organization that he mainly operated from an auto repair shop at 11923 Pine Forest Drive in Hudson and a home on Denton Avenue.

Law enforcement targeted Olsen in a Federal drug operation called "Operation Oxy Express," which led to the arrest of Olsen and 18 others. Each has pleaded guilty and been sentenced to Federal prison.

Olsen, 51, drew the harshest sentence this week among the defendants. The lowest sentence handed down by U.S. District Judge Virginia Covington was two years, which went to the youngest defendant, 19-year-old Amber Marie Morreale.

To read the plea agreement (courtesy of the TBO.com), please click here.

Prosecutors said the group obtained large amounts of oxycodone from various pharmacies across Tampa Bay through Doctor Shopping. Olsen paid individuals to visit doctor offices and obtain prescriptions for oxycodone.

According to a prior St. Pete Times article, here is a list of those indicted in "Operation Oxy Express:"

• Arde Olsen, 51, who also goes by Arne. Authorities say he was the ringleader.

• Shannon Star Olsen, 45, who married Arde in 2002.

• Arde's son, Jason Michael Olsen, 24.

• William "Billy" Joseph Califano, 29.

• Earle Monroe Silcox, 30.

• Jessie Krumm, 21.

• Amber Marie Morreale, 19.

• Jerald "Popeye" John Gilio Jr., 33.

• Anthony "Ant" Robert Upton, 28.

• Donna "Fat Donna" Jean Bynum, 31.

• Debra A. Collins, 48.

• Dannie James Mariedth, 50.

• Sarah Lynn Maynard, 25, who also goes by Sara Widemann.

• Joshua "Josh" McTavish Brown, 24.

• Anthony "Tony" Keith Christian, 27.

• Billy Ray Hardin, 27.

• Soni Jo Cheesbrough, 27.

• Dennis "Ash" Ashley Miller, 35.

• Jereme Lee Gould, 24.

Continue reading "TAMPA: Leader of Hudson Oxycodone Ring Gets 20 Years in Federal Prison" »

A 28-year-old man was arrested today for Possession of Child Pornography after detectives with a warrant searched his home, Clearwater police said.

Karl Michael Strasser was arrested at 7:20 a.m. at 512 S Crest Ave., and charged with 20 counts of Possession of Child Porn and one count of Distributing Child Porn.

Police would not say how Strasser became a focus of the investigation, which began in August.

Thursday, Clearwater police, along with the attorney general's Cybercrime Unit, found images of child pornography on three computer towers and storage devices, which were seized.

Strasser was also charged with Possession of Marijuana and Possession of Drug Paraphernalia after detectives found 1.3 grams of marijuana in his bedroom, police said.

For the complete story, check out today's St. Pete Times.

Continue reading "CLEARWATER: Man Arrested on Child Porn Charges" »

Pot-smoking patients and their sanctioned suppliers should not be targeted for Federal Prosecution in states that allow medical marijuana, prosecutors were told Monday in a new policy memo issued by the Justice Department. For the complete story, check out the Associated Press article in today's St. Pete Times.

Under the policy spelled out in a three-page legal memo, Federal prosecutors are being told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law.

The guidelines issued by the department do, however, make it clear that Federal agents will go after people whose marijuana distribution goes beyond what is permitted under state law or use medical marijuana as a cover for other crimes.

The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce Federal anti-pot laws regardless of state codes.

"It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate Drug Traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," Attorney General Eric Holder said in a statement.

By the government's count, 14 states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Some medical marijuana advocates say Maryland shouldn't be included in that group, because the law there only allows for reduced penalties for medical marijuana usage.

Florida, however, does not permit the medical use of marijuana.

California stands out among those for the widespread presence of dispensaries - businesses that sell marijuana and even advertise their services. Colorado also has several dispensaries, and Rhode Island and New Mexico are in the process of licensing providers, according to the Marijuana Policy Project, a group that promotes the decriminalization of marijuana use.

Advocates say marijuana is effective in treating chronic pain and nausea, among other ailments.

Continue reading "WASHINGTON, D.C. - Feds to Stop Prosecuting Medical Marijuana Users" »

After more than a decade-long career with the Pinellas County Sheriff's Office's Narcotics Division, Lion, the yellow Labrador Retriever that sniffed out nearly three (3) tons of drugs and $300,000 in cash, has died. For more information, check out the full story in Friday's St. Pete Times.

Detective Pat Shea, who was Lion's K9 handler, took Lion into his home in December 2000. Over the next decade, Lion participated in countless Drug Offenses & Drug Trafficking cases.

An hour after Lion's death, Pet Angel in Pinellas Park came to the veterinary clinic, placed Lion in a casket, and draped it with an American flag. "To honor his law enforcement service," Shea said.

Last call for Lion!! 10-98

A laser-sighted 9mm Glock Firearm, which was stolen several months ago from a Tarpon Springs State Representative, was recovered in the waistband of a convicted felon yesterday during a traffic stop in St. Pete, Florida. For more information on this odd story, check out today's St. Pete Times for more details.

So far, this is what the Tarpon Springs Police Department knows: State Representative Peter Nehr's 9mm Glock handgun (with an extended magazine) was stolen from his car on May 13, 2009.

4 1/2 months later, Elvis Leon Weaver, 20, of 3800 12th Avenue South, St. Petersburg, was wanted by law enforcement for several outstanding warrants (for previously committed offenses) when a "tipster" told police where they could find him. Soon thereafter, an unmarked police car conducted a traffic stop on a 2009 Chevy Impala, which Weaver was driving on 34th Street South in St. Pete. During this traffic stop, law enforcement found Drugs in the car and the gun in Weaver's waistband. The serial number on the gun matched the one that was reported stolen, months earlier, by Nehr.

Ultimately, Weaver was arrested on charges of Dealing in Stolen Property, Carrying a Concealed Firearm, Failure to Appear and three (3) counts of Possession of a Controlled Substance. After being booked into the Pinellas County Jail, Weaver posted a $24,663 bond and is back on the streets (this time without Representative Nehr's firearm).

In an interesting and personal side-note, Representative Peter Nehr (R), Tarpon Springs, was the first local politician to congratulate me on the opening of the SLAVIN LAW FIRM. To this day, his professional and inspiring letter is both framed and hanged on the wall in my law office.

Continue reading "ST. PETERSBURG: Handgun Stolen From State Rep. Peter Nehr (R), Tarpon Springs, Found in Felon's Waistband" »

On April 20th of this year, Andrew Hall of Safety Harbor was standing on the sidewalk outside of his Main Street apartment when he was struck by a vehicle which took his leg. Five months later, an arrest has been made in the case.

Joshua Dean West, 24, was arrested under the authority of a Pinellas County warrant and was transferred to the Pinellas County Jail from the Putnam Correctional Institution, where he was being held on a Violation of Probation on previous Drug Offenses.

West has been charged with DUI Causing Serious Bodily Injury, Leaving the Scene of an Accident Involving Serious Bodily Injury or Death and driving with No Valid Drivers License while Causing Serious Bodily Injury.

After a lengthy investigation, dectectives determined that Joshua Dean West was behind the wheel of the Honda Accord that slammed into Andrew Hall apporoximately five months ago. Their investigation was made more difficult by the fact that neither West nor his passenger that day, Douglas Ziegler, would confirm for investigators who was driving that morning.

Continue reading "LARGO: Arrest Made in April Crash that Took Victim's Leg" »