Tampa Bay Criminal Defense Lawyer Blog

According to a story in today's St. Petersburg Times, dozens of suspects have been rounded up (and dozens more are still wanted) in a multi-county prescription drug operation known as "Operation No Appointment Necessary."

The St. Pete Times reports the following:

The phony prescriptions were printed out on a home computer and passed out to "runners" who got them filled at local pharmacies.

Then the pain pills were divvied up: half for the runner to keep, half for the drug dealer to sell at street prices that, in some parts of Florida, are up to thirty (30) times what they cost at a pharmacy.

Authorities said that's how more than 400,000 30-milligram Oxycodone tablets (otherwise known as "blues" for their color) got into the wrong hands during a nine (9) month span beginning in October 2009.

On Monday, several local law enforcement agencies launched a multi-jurisdictional effort to arrest some of the members of a sophisticated Tampa Bay area Drug Trafficking ring.

"These criminals don't know any boundaries and neither should we," said Pasco County Sheriff Chris Nocco.

By day's end, officials had located forty one (41) of the seventy two (72) people sought in the second phase of "Operation No Appointment Necessary." Some were already in local jails; others were arrested in Pinellas, Pasco and Hernando counties.

The first phase of this operation, which began in March, has so far netted sixty six (66) of ninety four (94) suspects. And investigators had previously made about one hundred forty (140) other arrests in connection with the case.

Monday's sweep was a joint effort between the Pinellas County Sheriff's Office Countywide Diversion Task Force, the Pasco County Sheriff's Office, the Hernando County Sheriff's Office and the New Port Richey Police Department.

Officials say those being arrested as part of both phases of the operation were mostly low-level offenders, accused of passing the fake prescriptions or Doctor Shopping. The top tier of the organization has already been "dismantled," said Pinellas County Sheriff's Office Capt. Robert Alfonso.

Those people are facing Federal charges, but Alfonso declined to identify them, citing the ongoing nature of the large-scale investigation.

During the investigation, detectives identified twenty seven (27) doctors whose names were being fraudulently used by the drug ring. The doctors, whose prescription pads had been stolen or duplicated, cooperated with investigators.

Monday's sweep came just a few weeks after a state report revealed that the number of people fatally overdosing on prescription drugs in Florida went up nearly nine (9) percent from 2009 to 2010.

According to the report, the Pinellas-Pasco medical examiner's district led the state in 2010 in deaths from all six (6) of the most lethal prescription drugs -- Oxycodone, Alprazolam (Xanax), Methadone, Hydrocodone (Vicodin), Morphine and Diazepam (Valium).

And addiction is at the heart of the matter, officials said.

"A lot of people get involved because of addiction situations," Alfonso said. "They are addicted to these painkillers and they have to feed their addiction by going out and getting these pills and then they sell them as well as using them."

Oxycodone pills that cost about $1 apiece at a pharmacy are going for $8 to $15 on the street in the Tampa Bay area, Alfonso said. In more rural areas of North Florida, they can bring as much as $30 a pill.

Detectives estimate the value of the pills received through the fraudulent prescriptions in this investigation at more than $4 million.

The number may seem staggering, but it's only a drop in the bucket, Alfonso said. "This is only one organization of many that are out there," he said.

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 Blake & Dorsten, P.A. 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).

The widely-reported case against former Speaker of the House Ray Sansom came to an abrupt end on Friday when State prosecutors dropped all criminal charges.

In a dramatic end to a Jury Trial nearly two (2) years in the making, criminal charges against Sansom were dropped, in Court, Friday after prosecutors said a judge limited evidence of an alleged Conspiracy to get $6 million in state funding for an airport building a developer wanted to use.

Flanked by friends and his lawyers, Sansom, 48, said it was vindication.

"First I want to thank God," he said, then praised his attorneys. "When I first met with them, they said 'Ray, the truth will set you free' and we saw that today."

Asked if he would have done anything differently, Sansom replied, "absolutely not."

Leon County State Attorney Willie Meggs also dropped the case against Sansom's co-defendant, developer Jay Odom. Both men had been charged with Grand Theft and Conspiracy to Commit Grand Theft. According to the prosecution, the $6 million was steered to Northwest Florida State College, where Sansom took a job (coincidentally) on the same day he was sworn in as speaker of the Florida House in 2008 .

Sansom and Odom agreed to pay about $103,000 each to Northwest Florida State College -- two-thirds of the amount the college spent on planning the airport building. The trustees scrapped the project after Grand Jury indictments were handed down in April 2009 and then-Governor Charlie Crist asked for the money back.

The State's case unraveled on the fifth day of Sansom's Jury Trial, just before a lunch break.

The jury was out and defense lawyers raised objections to testimony State Attorney Meggs planned to introduce to establish a Conspiracy. He was going to bring up a key witness, former college president Bob Richburg, who was also criminally charged but two (2) weeks ago agreed to testify (otherwise known as "snitch") against Sansom and Odom.

Richburg, Meggs later said, would have described conversations with Sansom and Odom about the airport project prior to Sansom getting the money. Meggs also planned to introduce e-mails showing conversations about the building.

But the defense mounted a challenge, saying the state had to prove there was an illegal agreement.

"There's no evidence of conspiracy because there's no evidence of an illegal agreement," attorney Larry Simpson said.

After a lengthy discussion, Circuit Judge Terry Lewis said, "I don't think you have enough to show a conspiracy." He said several college employees and an architect said they were aware of the private use.

Meggs had argued that college trustees did not (two testified during the trial) and neither did other legislators.

But if he could not lay the ground for the conspiracy -- the planning for a hangar and attempts to conceal its nature that he said were clear before Sansom got the money -- Meggs said his case was damaged.

What's more, Meggs said he was limited because the proposed jury instructions would have said, "the passage of legislation, including an appropriations bill, by itself, cannot constitute theft by any of the defendants."

So during lunch, Meggs offered "a plea deal" to both defendants. He would drop the charges if they agreed to wrongdoing, did community service and paid restitution (otherwise known as buying their way out of the criminal charges?).

In the end, Sansom and Odom only agreed to pay the money, and Sansom's attorney, Steve Dobson, said his client resisted that as well. Sansom blamed Meggs and the news media.

Dobson declared, "They were not guilty."

Meggs maintained there was wrongdoing and attributed the defeat to "fundamental" differences in understanding of conspiracy law with Lewis.

"I agree the State was not able to carry its burden of establishing a conspiracy with the court," Meggs said. "And so if I can't establish a conspiracy with the court before the appropriation, I can't get in statements of co-conspirators after the appropriation. And that's what all our evidence is about, is what they did after the appropriation was put into place."

The trial started Monday and more than a dozen witnesses had testified for the State of Florida, leading up to its primary witness, Richburg, who agreed March 11 to testify for the prosecution ("turn State's evidence").

Meggs had argued that the three (3) men worked together to accomplish Odom's goal of getting an airplane hangar then worked to conceal it as an educational facility, contending that college officials scrambled to find a use for the building and even then planned to use half of the space. Meggs presented documents and testimony showing the bulk was for a hangar.

Noting that Meggs first charged the men with Official Misconduct then changed it to Grand Theft after the charges were mostly gutted in court, Dobson said, "I would say the state attorney lost big time."

As if this wasted prosecution hasn't cost the citizens of the State of Florida enough already, Florida law allows a public official who is charged with a crime to seek payment of legal fees if he's not convicted when the charges arose from his public duties. Dobson said he plans to seek payment from the Legislature.

Dobson said he did not know yet what the total fees would be but "because of Mr. Meggs' dogged pursuit, it's going to be big."

Federal investigators have been looking at some aspect of Sansom and Odom's dealings (an FBI agent sat in on some of the depositions of witnesses in the state case). Asked about that, Dobson said "if they are charged in Federal Court, we'll fight that, too. If I am retained."

I particularly love how that last quote was quickly modified...

Continue reading "TALLAHASSEE: State Drops Charges Against Ray Sansom in Middle of Jury Trial" »

According to a recent online story in the Bizarre Florida section of the St. Pete Times, a California adult entertainment company is about to make some south Florida husbands pretty upset with Federal lawsuits seeking up to $150,000 in damages (each) for copyright infringement.

As initially reported in the south Florida Sun Sentinel, married men who illegally downloaded the movies "Bootylicious Girls" and "Brazilian Babes" may have a really awkward conversation coming with their wife and/or girlfriend.

Adult entertainment company Elegant Angel filed a series of Federal lawsuits last week against 58 "John Does" in South Florida who allegedly pirated its movies. Elegant Angel, based in Canoga Park, California, has the Internet addresses of the computers used to illegally download the movies and wants Judges to allow it to subpoena the computer owners' names through their Internet service providers (ISP's).

"I firmly believe that everyone has the right to protect their intellectual property," said M. Keith Lipscomb, one of the Miami attorneys for Elegant Angel. "Right now, the adult entertainment industry is being tremendously damaged by the infringement of its copyrights over the Internet."

The adult entertainment industry has become more aggressive within the last year in pursuing copyright cases. In many instances, film companies have filed lawsuits against dozens--even hundreds--of "John Does" at a time, accusing them of downloading videos using BitTorrent, a file-sharing
program.

Continue reading "SOUTH FLORIDA: Online Adult Entertainment Site Goes After 58 "John Does" in South Florida" »

According to an online story on The Street.com, Facebook investment scams are proliferating on the Web and investors should be on the lookout, the securities industry's main self-policing organization warned on Tuesday.

Financial Industry Regulatory Authority (FINRA) warned in a a statement that con-artists have been pitching fake investments in Facebook and other "well-known social media companies." The scams usually take the form of "pre-IPOs", or the sale of unregistered shares in a private company to an investor prior to the initial public offering.

The release notes the Securities and Exchange Commission (SEC) recently settled a civil action against one trader "who allegedly bilked more than 50 U.S. and foreign investors out of more than $9.6 million in a series of pre-IPO scams involving purported shares of Facebook, Google and other well-known companies."

Among the tips FINRA is disseminating to the public, the release urges investors to ask themselves "why would a total stranger tell me about a really great investment opportunity?'"

The warning comes as Wall Street firms like JPMorgan Chase and Goldman Sachs have climbed aboard a mini-Gold Rush in hot, privately-traded social media companies.

Continue reading "NEW YORK: Sharp Rise in Trading Scams on Facebook and Other Social Media Platforms" »

From time to time, the Tampa Bay Criminal Defense Lawyer Blog publishes submissions from other practicing attorneys throughout the county. The following article was submitted by Thomas Greenberg of the Law Offices of Thomas Greenberg in Redwood City, California (San Mateo County). Enjoy.

In 1996, California became the first state in the nation to legalize Marijuana use for medical purposes. The medical marijuana industry germinated during the Clinton Administration and grew during President George Bush's tenure, despite the Bush Administration's opposition. When Obama took office, he voiced public support for medical marijuana and assured that the Department of Justice would not prosecute patients or dispensaries in states where medical marijuana was legal. Economies are responsive to political and legal change, and the relaxation in the threat of prosecution led the medical marijuana industry to flower.

In July 2010, Oakland City Council passed a measure to grant licenses to four (4) industrial-scale pot growers with the provision of hefty ($200,000+) licensing fees and a sales tax beginning at 1.8% and increasing to as much as 12%. The measure passed with the allure of a potential to raise $38 million for the city, annually. The Council also saw regulated, industrial-scale growing as a way of reducing small-scale production and the Robberies and personal safety issues it sometimes attracts.

In the months after the measure passed, the City Council considered the rules for regulating the first large-scale Marijuana warehouses in the country. A major issue was to whom to award the four (4) coveted permits, and criteria were created to reward entrepreneurs for best business model, security plan and, of course, being pesticide-free. In November, voters approved a measure that imposed a 5% business tax on all marijuana growers and dispensaries. The City Council planned to award the four (4) permits by December 20, 2010.

Then came a major buzzkill--the Obama Administration issued a "blunt" message that the Department of Justice (DOJ) would prosecute large-scale growers and distributors, and potentially penalize Oakland for getting a cut of the profits. Another lesser problem was that the permit process failed to heed state law that was supposed to restrict medical marijuana growing to "patient-caregiver collectives." The City Council went back to redraft the permitting process and bring it into compliance with state law by tying each farm to an individual marijuana dispensary.

For a moment it appeared that a new protocol had been worked out and that the City Council might award five (5) permits. Councilwoman Desley Brooks had come up with a plan allowing five (5) dispensaries to operate their own industrial-size Marijuana farms of up to 50,000 square feet (the Brooks Plan).

Just as the City Council was getting fired up, the Obama DOJ's local, US Attorney Melinda Haag blew the City Council's high by issuing a warning that Oakland's cultivation ordinance, as originally drafted, would be illegal and could result in Federal and/or state prosecution. In a letter dated February 1, 2011, Haag wrote:

"The Department is concerned about the Oakland ordinance's creation of a licensing scheme that permits large-scale industrial marijuana cultivation and manufacturing as it authorizes conduct contrary to Federal law. . . . Accordingly, the Department is carefully considering civil and criminal legal remedies regarding those who seek to set up industrial marijuana growing warehouses in Oakland pursuant to licenses issued by the City of Oakland."

Haag said Federal authorities would enforce a crackdown on illegal Manufacturing and Distribution of Marijuana, "even if such activities are permitted under state law" as they violate Federal anti-drug laws. Operators of Marijuana farms, as well as landlords, property owners, financiers and even the city's council members could face prosecution. Haag made sure to point out that the DOJ won't be focusing its limited resources on prosecuting patients, but distinguished that unlawful Manufacturing and Distribution was another story.

Alameda County District Attorney Nancy O'Malley issued a statement agreeing that [the] Brooks Plan violated state law because it defined dispensaries as primary caregivers, which read too broadly the state law provision allowing primary caregivers to grow medical marijuana. In fact, district attorneys offices throughout the state have basically disregarded this provision of the law since medical marijuana was legalized in 1996, hence the proliferation of garage-grow rooms and backwoods plantations.

Within the week, City Attorney John Russo withdrew his legal advice and told the City Council to hire a separate, non-governmental attorney. Russo's withdrawal doesn't mean that the City Council has to flush its plan; rather, it's more an illustration of how fractured his relationship with City Council is becoming. Just a week before, newly-elected mayor Jean Quan had expressed her desire to have her long-time lawyer-friend Dan Siegel act as an unpaid legal adviser for the city, and the two had sparred over the legality of that. Furthermore, U.S. Attorney Haag issued her letter in response to City Attorney Russo's request for guidance, but Mayor Jean Quan says the Council never asked Russo to seek advice.

The fate of Oakland's large-scale medical marijuana production is uncertain. The City Council's Public Safety Committee will discuss Brooks' plan and Russo proposed amendments at their meeting on February 8, 2011. The full council will discuss the issue again at their meeting on February 15, 2011. The nation is watching -- whatever happens in Oakland could have repercussions not only in California but also in other states that have legalized medical marijuana, like Arizona.

SOURCES:

http://www.mercurynews.com/breaking-news/ci_17322521

http://www.baycitizen.org/marijuana/story/doj-oakland-industrial-pot-farms-illegal/

http://www.ibtimes.com/articles/109222/20110205/oakland-council-warned-by-feds-not-to-break-us-pot-law.htm#

http://articles.sfgate.com/2011-02-03/bay-area/27098495_1_marijuana-farm-ordinance-dispensaries-pot

About the Author

San Mateo DUI Lawyer, Thomas Greenberg, is a native of California and a graduate of the University of California at Berkeley. He was formerly a highly respected deputy public defender and is now an experienced San Mateo criminal defense attorney who has provided effective legal services to literally thousands of clients

Now that New Year's Eve is only a couple of days away, the National Highway Traffic Safety Administration (NHTSA) expects this to be one of the deadliest weeks of the year on the roads.

To combat this, law enforcement is considering a new weapon in their fight against drunk driving.

And it's a change that could substantially increase the State's likelihood to obtain a DUI conviction.

"I think it's a great deterrent for people," said Linda Unfried, from Mother's Against Drunk Driving (MADD) in Hillsborough County.

Florida is among several states now holding what are called "No Refusal" DUI Checkpoints.

So, what does this mean for you as you head out to enjoy your Holiday Season?

It means if you refuse to submit to a breath test during a traffic stop, an on-site Judge can issue a search warrant allowing the police to take an involuntary blood sample (by using actual force, if necessary).

According to WTSP.com 10 News, It's already being done in several counties, and now Unfried is working to bring it to the Tampa Bay area.

"I think you'll see the difference because people will not drink and drive. I truly believe that," she said.

However, not everyone agrees with Unfried about "No Refusal" DUI Checkpoints.

"It's a slippery slope and it's got to stop somewhere," says local DUI defense attorney Kevin Hayslett. He asks "what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?"

The Federal government says Florida has among the highest rates of breathalyzer refusal.

"Now you've got attorneys telling their clients, don't blow, don't blow! Because we know from the results from these machines that they're not operating as the State or the government says they're supposed to operate," said Stephen Daniels, a local DUI consultant and DUI expert witness.

"We don't want to violate people's civil rights. That's the last thing we want to do, but we're here to save lives," Unfried said.

She adds that this type of checkpoint would be heavily advertised, with the goal of deterring any drunk driving.

U.S. Transportation Secretary Ray LaHood has recently said he wants to see more states hold similar programs.

Continue reading "TAMPA BAY: "No Refusal" DUI Checkpoints are Coming to Take Your Blood" »

As we enter another Holiday Season, the Blake & Dorsten, P.A. would like to wish you and yours a Happy and Safe Holiday weekend.

With the support of all of our friends, family and clients, 2010 was another excellent year for the Blake & Dorsten, P.A.. 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 Blake & Dorsten, P.A. 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 Blake & Dorsten, P.A. to protect your rights and to handle your important criminal and/or traffic-related matters.

As many of you know, 2010 presented some different challenges for the Blake & Dorsten, P.A.. Without your support, we would not have been able to achieve the many successes that came our way.

On behalf of the entire Blake & Dorsten, P.A. team (Pam, Eryn, Oatie and myself), have a Happy, Healthy and Safe Holiday Season.

As always, attorney Nicholas J. Dorsten will be available throughout the Holiday Weekend. In fact, we were very grateful to sign up a new Client today and make a Christmas Eve trip to the Pinellas County Jail.

Continue reading "CLEARWATER: Happy Holidays from the Blake & Dorsten, P.A." »

Earlier this week, the Sixth Circuit Court of Appeals (a Federal appeals Court) issued a landmark opinion in the criminal case of United States v. Warshak, finding that individuals have "a reasonable expectation of privacy in their email" and that the Fourth Amendment protects email held by an Internet Service Provider (ISP).

In other words, "[t]he government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause." United States v. Warshak, et al., No. 08-3997, Slip Op. at 23 (6th Cir. Dec. 14, 2010).

As a criminal defense attorney, I've been asked the following question many times: To what extent can the police secretly view/obtain your private email? This core question, namely - what are the limits of police surveillance - was answered this week by the Sixth Circuit Court of Appeals in a lengthy opinion (that is hyperlinked above).

On one side of the issue, privacy advocates are pleased as punch with the opinion which holds that the government/police must obtain a search warrant based on "probable cause" before it can search emails stored by Internet Service Providers (ISP's).

The case involved a Federal Fraud prosecution of Steven Warshak, an Ohio executive, whose company sold an herbal supplement which was touted for its purported ability to increase a man's, um, physical attributes. Perhaps you've seen a commercial or two for this product?

As part of its Fraud investigation, the United States government obtained about 27,000 private emails from Warshak's Internet Service Providers. Warshak moved to suppress/exclude the emails as evidence, contending that the U.S. government obtained them through an unreasonable search and seizure, in violation of the Fourth Amendment.

People have a "reasonable expectation" that emails will remain private, the Sixth Circuit stated, using some colorful language. "Lovers exchange sweet nothings" and "businessmen swap ambitious plans" all with the click of a mouse button, the Court said. By obtaining access to someone's email, law enforcement agents gain the ability to peer deeply into his activities. . . the Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantees will wither and perish."

The Sixth Circuit held that Warshak's constitutional rights were violated when investigators obtained his e-mails without a search warrant.

In a minor side note, the Court upheld his convictions. One of Warshak's attorneys, Martin Weinberg, told the Associated Press that the Court's ruling on email-privacy was helpful to his client; however, the Court should have also overturned his convictions.

The Electronic Frontier Foundation hailed the recent Sixth Circuit ruling, saying in a statement that it is the "only federal appellate decision currently on the books that squarely rules on this critically important privacy issue."

The National Association of Criminal Defense Lawyers also weighed in with praise. "Americans expect and deserve protection from government agents who would snoop into their private communications without probable cause and a court order," the group said in a statement.

Please remember, this opinion only applies to "government agents." This opinion will not prevent your wife or girlfriend from snooping into your private email account.

BEWARE.......

Continue reading "Federal Appeals Court Rules that Emails are Protected from Warrantless Searches" »

According to a story in today's St. Pete Times, six (6) jurors deliberated for more than two (2) hours Wednesday afternoon but went home for the evening before deciding whether 49-year-old Maurice Bayless bred and trained pit bulls to fight.

To me, the first thing that came to mind after reading this story was NFL quarterback Michael Vick and his involvement in a similar dog fighting ring that landed him in a Federal prison in Leavenworth, Kansas for almost two (2) years.

A Tampa jury will continue to deliberate today and possibly decide Bayless' fate.

For two (2) days, this Tampa jury looked at photos of filthy, chained and wounded pit bulls. Eight (8) puppies and ten (10) adult dogs were seized from his home. All older dogs were deemed too aggressive for adoption and were euthanized.

On a video, jurors saw one lunging at another and a man saying, "Go get him."

Assistant State Attorney Natalia Silver told them that man was Bayless, and that he exercised his pit bulls to exhaustion in hopes of making them champions, pumped them with nutrients and drugs to make them strong, and forced them to breed so he could sell future fighters.

Defense attorney Mark Rodriguez, however, told them prosecutors did not prove any of it -- not that the dogs were wounded while in Bayless' care, not that the puppies were products of a champion fighting bloodline.

"The state can't prove a thing that Mr. Bayless did or did not do with any of the animals that were found on his property," he said.

Evidence the state presented as proof of dogfighting was, on its own, legal. But it was the state's burden to prove Bayless' intent to use it illegally.

Jurors saw weighted collars prosecutors said were used in rigorous training regimens and surgical tools they said Bayless used to stitch up dogs after fights.

Could the collars have been used to tire and calm aggressive dogs? The tools used to legally clip dogs' ears? Rodriguez, as defense attorneys always do, tried to cast reasonable doubt on the State's case.

In another interesting part of the trial, jurors saw a tattoo on Bayless' arm depicting a dog and the words, "scratch to win."

A lottery reference, the defense attorney posed.

Marine lingo, Bayless' twin brother, Michael, said.

Jurors saw blood sport magazines and records of fights. Rodriguez noted some of it was a decade old and said it was just "ancient history" strewn about a messy house.

But Silver responded, "We covet what we keep, and that is what this is about."

"Yeah, it started a long time ago," she said. "But there is no evidence that it ever stopped."

Regardless of whether Bayless if found Guilty of these charges, what is plainly clear is that these dogs suffered. And, as a dog lover, that's a shame.

Continue reading "TAMPA: Dog Fighting Trial in the Hands of a Hillsborough County Jury" »

More than one (1) month after a Federal jury deadlocked in his Cocaine Trafficking trial, Jamaican reggae singer Buju Banton walked out of the Pinellas County Jail today after a judge ordered his release under strict conditions.

Banton, whose real name is Mark Myrie, declined comment and covered his face as he left jail and headed home to South Florida.

He had been behind bars since his arrest in December. A Federal judge declared a mistrial September 27th after jurors couldn't agree on a verdict. Banton is scheduled to be tried again in February.

"We're thrilled that Buju will have some time to regroup before we try this case again," defense attorney David Oscar Markus said.

As a condition of Banton's release, his friend Stephen Marley, a musician and son of reggae icon Bob Marley, posted $300,000 worth of equity in his South Florida home.

Last month, U.S. Magistrate Anthony Porcelli ruled that Banton could be released under stringent conditions. U.S. District Judge James Moody last week denied a prosecution appeal of Porcelli's ruling.

Under the terms of Banton's bond, he must pay a private security detail to guard him so he doesn't flee. He also was required to sign an extradition waiver (ensuring his return if he does flee the country) and he will have to wear an electronic monitoring device.

Two (2) men indicted along with Banton, including the singer's driver, have pleaded Guilty and are awaiting Sentencing.

Banton maintains he was set up by a well-paid government informant.

However, Federal prosecutors have argued that recorded conversations show Banton was an experienced Cocaine Trafficker who was trying to invest in another deal

Continue reading "CLEARWATER/TAMPA: Reggae Singer Buju Banton Released from Pinellas County Jail Pending Retrial" »

LOS ANGELES - According to a breaking story published by the Associated Press, Grammy-winning rapper T.I., who has a history of Drug Offenses and is on Federal Probation after spending time behind bars on Gun Charges, was arrested along with his wife after police smelled marijuana coming from their car, authorities said.

The rapper was arrested Wednesday night in West Hollywood during a traffic stop, Los Angeles County sheriff's deputy Mark Pope told The Associated Press. Authorities said they smelled a strong marijuana odor but would not say if any other drugs were found in the car.

The 29-year-old rapper and his wife, Tameka Cottle, were released from jail at about 4 a.m. Thursday after posting $10,000 bail each, sheriff's Deputy Luis Castro said.

T.I.'s publicist declined to comment.

The arrests follow last week's detention of socialite Paris Hilton, who is being investigated for Felony Cocaine Possession after a motorcycle officer smelled pot wafting from her car.

The Atlanta-based rapper, whose real name is Clifford Harris Jr., is a multiplatinum hitmaker. Known as the "King of the South," he has emerged one of music's most profitable stars.

He also has a key role in the current top box office movie "Takers." The shoot-'em-up about an armored truck Robbery that goes bad was released last week and topped the box-office chart.

T.I. served seven (7) months in an Arkansas Federal prison and three (3) months in a Georgia halfway house on Federal Weapons Charges and was released in March. He was sentenced to serve three (3) years of supervised release after his prison sentence ended.

He was ordered not to commit another Federal, State or local crime while on supervised release, and also ordered not to illegally possess a controlled substance. He was also told to take at least three (3) drug tests after his release and to participate in a drug and alcohol treatment program.

Patrick Crosby, a spokesman for the U.S. Attorney in Atlanta, had no immediate comment Thursday on whether Harris violated the terms of the judge's order.

Since his release, the rapper, who previously spent time behind bars for Drug Offenses, has vowed to live a better life. He spoke to children about the dangers of drugs and guns, and former United Nations Ambassador Andrew Young was one of his supporters. As he prepared for his most recent sentence, he starred in the MTV reality show "T.I.'s Road to Redemption: 45 Days to Go."

In a recent interview with The Associated Press, T.I. talked about living a more positive life.

"Right now, it's all about moving forward and just acknowledging the blessing that are here today. ... Just moving past the regrets of yesterday -- the things that could've been done better," T.I. said in a July interview.

Unfortunately, at this point in time, it looks like the only forward moving for T.I. is that he is one step closer to going back to Federal prison.

Continue reading "LOS ANGELES: Rapper T.I. Arrested Again - Federal VOP Coming Soon" »

According to an online story on BayNews9.com, members of the Hillsborough County Sheriff's Office (HCSO), along with the Federal Drug Enforcement Administration (DEA), busted a major drug operation that was using produce shipments to smuggle Cocaine into the Tampa Bay area.

The men arrested are accused of bringing $2.5 million worth of drugs from Mexico to Tampa Bay communities like Palm River and Progress Village.

Deputies say a 23-year-old college student from Texas was at the top of the operation. At the bottom were local "gang members" who distributed the drugs.

"Thirty-three gang members and drug dealers have been federally indicted to date and a dozen more are still pending Federal and State charges," said Hillsborough County Sheriff's Office (HCSO) Chief Jose Docobo.

The drugs were hidden in boxes of limes. Deputies say the drug dealers hid the cocaine in packages of limes because the strong odor of a lime can hide other smells, but they say it didn't work because K-9's were still able to sniff out the drugs.

"The limes were in boxes and inside those boxes the Cocaine was concealed inside other boxes within that pallet or shipment," Mark Trouville, with the Drug Enforcement Administration (DEA).

Deputies say it was then turned into Crack Cocaine and distributed on the streets of Progress Village and Palm River.

According to the BayNews9.com story, concerns from neighborhood groups prompted the "crack down."

Continue reading "HILLSBOROUGH COUNTY: Drug Trafficking Ring Busted By DEA After Shipping Cocaine in Boxes of Limes" »

According to a story in yesterday's St. Pete Times, "[a] year-long drug investigation led to the seizure of more than $1.5 million in cash and Monday's arrest of a 28-year-old man on Federal Drug Charges."

Details from a Federal arrest warrant showed how Cocaine was shipped from Mexico and distributed through St. Petersburg's neighborhoods by top members of "8-Hype," a local criminal street gang based in the Harbordale section of St. Petersburg.

The suspect named in the Federal arrest warrant, Justin Levine Richardson, was arrested on a Federal charge of Conspiring to Distribute Cocaine. What makes this story interesting is that Narcotics detectives said they found $1,008,720 inside Richardson's mom's car.

According to the St. Pete Times, "Richardson has been well known to narcotics detectives for years. In 2004, the St. Petersburg man was arrested in Texas for shipping drugs through the mail. He was sentenced to five (5) years in a Federal prison and was still on Felony Probation for that crime when he was arrested Monday."

Richardson's arrest was part of a joint operation between the St. Petersburg Police Department (SPPD) and the Drug Enforcement Administration (DEA). According to authorities, they tracked down witnesses who said Richardson supplied them with Cocaine; tracked him as he allegedly transported a large black duffel bag containing $277,585 to a drug "stash house"; and discovered a courier who crossed the U.S.-Mexican border 176 times since 2008 (you'd think, if anything, the U.S. Bureau of Customs and Border Protection and/or Immigration and Customs Enforcement (ICE) would find 176 border crossings, between the United States and Mexico, in less than two (2) years at least suspicious?).

Yesterday, Richardson, of 500 Trinity Lane in St. Pete, was arrested by the U.S. Marshals. He is currently being held, without bond, in the Pinellas County Jail on a "courtesy hold" for the U.S. Marshals.

Continue reading "ST. PETE: Drug Suspect Busted with $1.5 Million in Mom's Car" »

A disgraced Illinois insurance executive pleaded guilty Tuesday, in Los Angeles, California, to secretly shooting nude videos of ESPN reporter Erin Andrews, who repeatedly called her stalker a "sexual predator" and said she hopes he "never sees the light of day," says The Associated Press in a recent USA Today article.

Michael David Barrett pleaded guilty to Interstate Stalking after Andrews urged the judge to give him a harsh sentence and not allow him out on bail.

"His actions have had a devastating impact on me and family," said Andrews, who attended the hearing with her father and attorney.

She said she is constantly reminded that Barrett's videos appeared online and subjected her to cruel taunts from sports fans while working as a sideline reporter.

"I don't know him," she said. "I haven't met him. I hope he never sees the light of day."

U.S. District Judge Manuel Real allowed Barrett to remain free pending sentencing on Feb. 22.

According to a plea deal filed last week, Federal prosecutors and Barrett agreed to a 27-month prison sentence. But the judge will decide how long he serves and how much restitution he will have to pay Andrews.

Barrett has admitted renting hotel rooms next to Andrews three (3) times and shooting two (2) videos of her while she was naked. He was accused of posting the videos online and trying to sell them to the Los Angeles-based celebrity gossip site TMZ this year.

Andrews was poised as she addressed the court. She looked down at times as Real read the allegations against Barrett, which included details of him traveling to follow Andrews. She shook her head when Real read about Barrett buying information about Andrews online, and dabbed tears after Barrett entered his guilty plea.

Barrett stood at a podium for the nearly ten (10) minutes it took to read the allegations against him. He repeatedly answered, "Yes, your Honor" when Real asked him to waive his rights and confirm the truthfulness of the allegations.

Federal Prosecutors in Los Angeles have agreed not to pursue further charges against Barrett. However, he could face criminal action in other states stemming from other videos he allegedly shot of unsuspecting nude women through peepholes.

Continue reading "LOS ANGELES, CA: Erin Andrews Seeks Harsh Sentence Against Video Stalker" »