Tampa Bay Criminal Defense Lawyer Blog

As I was scanning BayNews9.com for a good criminal law article to blog about, I came across the following story in their "Strange News" column:

A Pennsylvania woman is accused of illegally accepting workers' compensation payments while working as a stripper.

Forty-three (43) year-old Christina Gamble waived a preliminary hearing scheduled for Tuesday in Pennsylvania State Court and will go to Trial next month.

Prosecutors say the Quakertown woman claimed she hurt her back at her waitressing job and couldn't work. A judge granted her $360 per week in benefits in October 2008.

But private investigators working for the restaurant's insurance company say they taped her dancing at C.R. Fanny's Gentlemen's Club and Sports Bar in Wilson later that year

Gamble is charged with two (2) counts of Workers' Compensation Fraud and one (1) count of Theft.

Continue reading "DOYLESTOWN, PA: Stripper Gets Caught Dancing While on Workers' Compensation" »

In what is becoming an all-too-often event, a St. Petersburg high school band director has been arrested on charges of having consenual sex with a 15-year-old student.

According to an online Baynews 9 story, the St. Petersburg Police Department arrested 27-year-old Raphael Mclean after they determined that he had sex with a student on his desk in the band room.

According to police, the student told them that between October 2009 and January 2010 she engaged in consensual sexual intercourse with Raphael McLean on the desk in his office, located inside of the school's band room.

Mclean, who lives in Tampa and worked at Lakewood High School in south St. Pete, was charged with Lewd and Lascivious Battery, a Second Degree Felony in the State of Florida.

Aside from being a Sex Offense with a mandatory "Sex Offender" registration requirement, McLean's L&L Battery charge is punishable by up to fifteen (15) years in prison.

Making matters worse, McLean was previously arrested on March 11th and charged with Lewd and Lascivious Molestation for fondling a different 15-year-old female student without her consent.

Investigators are continuing their investigation and ask anyone with additional information about these two (2) cases or any other situations that might involve inappropriate sexual contact with students to call 727-893-7780.

Anonymous tips can be left by calling 727-892-5000. You can also Text a Tip to 727-420-8911.

Continue reading "ST. PETERSBURG: Another Teacher Caught Having Sex with Student" »

Paul C. Austin, 35, of Chicago, was extradited on Sunday and delivered to the Pinellas County Jail (from Illinois) to face a Felony charge accusing him of hiding a camera in a bathroom to take pictures of a young girl while she showered.

Austin's arrest warrant was for a Felony charge of Video Voyeurism, a Third Degree Felony pursuant to Florida Statute §810.145. If convicted of a Third Degree Felony in the State of Florida, Austin could receive a prison sentence of up to five (5) years.

According to the Pinellas County Sheriff's Office, the underage girl was eleven (11) years-old when Austin hid a digital camera in boxes inside a garbage can and set it to automatically take nude photos of the young girl as she showered.

According to a story in yesterday's St. Pete Times, Austin's Video Voyeurism occurred between October 21st and November 11th in unincorporated Pinellas County, near the City of St. Petersburg.

Authorities with the Pinellas County Sheriff's Office have reported that a family member of the young girl found the photographs by accident while she was looking for other photos in Austin's camera. After making this shocking discovery, the relative confronted Austin in November before he fled to Chicago, where he lives.

The family member then approached the Pinellas County Sheriff's Office on November 25th and gave their Crimes Against Children detectives a memory card from Austin's camera. Later, during a monitored phone call (or a "controlled phone call," as we call it in the business), Austin admitted to taking the photos, according to the warrant for Austin's arrest.

Detectives assigned to the Pinellas County Sheriff's Office's Crimes Against Children Unit obtained the Arrest Warrant, which was served in Chicago on April 3rd with assistance from the U.S. Marshals Great Lakes Regional Fugitive Task Force.

The young girl has not been named because of her age and the nature of the offense. In my experience handling Child Sex Cases, it is standard protocal for the identity of the child victim to remain confidential.

According to the St. Pete Times story, Austin was interviewed by the Cook County Sheriff's Office in Illinois and gave consent (our fancy, lawyer word for "permission") to have his computer and camera searched. During the search, nude photos of the young girl were found, in addition to nude photos of other "apparent minors," according to the warrant for Austin's arrest.

(Author's Note: I think its fair to say that we will be reading about Austin's "additional" charges in the not-so-distant future).

As this article is being written, Austin is being held in the Pinellas County Jail in lieu of $50,000 Bail

Continue reading "PINELLAS COUNTY: 35-Year-Old Man Arrested for Video Voyeurism After Photographing 11-Year-Old Girl in Shower" »

Christy Lynn Martin, a former Azalea Middle School teacher, was sentenced to five (5) years probation Tuesday for "sexting" an eighth grade student, according to the St. Pete Times.

Martin, 33, pleaded guilty to Transmitting Pornographic Images through an Electronic Device and Transmitting Material Harmful to a Minor. In exchange for her guilty plea, she was sentenced to probation, will have to register as a Sex Offender, wear an electronic monitor and undergo therapy.

The charges stem from Martin's relationship with an eighth-grade boy. According to authorities, they called each other "husband" and "wife," kissed each other and sent each other cell phone photos of their private parts.

They did not have sex and did not see each other outside of school, according to information contained in a search warrant related to the case.

"I realize how wrong I was," Martin said in court Tuesday, wearing a pale pink sweater, hair pulled into a ponytail. "I accept full responsibility for my behavior.... I am extremely ashamed and remorseful for my actions."

Martin was arrested in March and had been out of jail on bond.

According to the search warrant, the boy, then 14, said he took two photos of himself on his silver Samsung Messenger cell phone, and the teacher admitted taking three photos of herself on her red Sprint cell phone.

The boy sent his photos to Martin, and Martin acknowledged receiving them. She also admitted sending the photos of herself, but officials deleted the name of the recipient. Photos of a woman's genitals did appear on the boy's cell phone.

Martin did not admit to calling the boy her husband but did say she threatened him with "divorce," because he had "too many little girlfriends."

The document also says the boy touched Martin on her buttocks outside her clothing, but that she did not touch him in that way.

"You done messed up my son's life," the victim's mother told Martin in court Tuesday. "He thinks it's OK to go with the wrong kind of women.... You destroyed my son, you destroyed my family. I don't feel sorry for you one bit. If it was up to me, you'd get life. I mean that from the bottom of my heart."

At Azalea Middle, Martin taught five computer classes and one "life choices" course, which involved teaching students about positive relationships, self-esteem building and conflict resolution. The boy was not a student of her's this year. Martin has been placed on administrative leave.

As a condition of her probation, Martin can no longer work anywhere with children, including daycare centers, malls, theme parks and schools. Martin said she was working toward a master's degree.

She asked Judge Cynthia Newton if she could have permission to transport her two children to school. As a single mother, Martin said she had no one else to take them.

"I'm going to allow you to take the kids to school and pick them up from school," Newton said.

But she could do nothing else on school property.

Continue reading "PINELLAS COUNTY: Guilty Plea in Case of 'Sexting' Middle School Teacher" »

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" »

A Tampa Bay area teenager, convicted of a violent rape, has been sentenced to 27 years in the Florida State prison system.

Jose Walle, 15, was one of three men accused in a string of attacks throughout the Bay area in the summer of 2008.

He and two others are facing charges in connection with an Armed Robbery and Armed Sexual Battery at The Table in downtown St. Petersburg. Investigators said the trio also attacked women in Gibsonton and Apollo Beach.

Investigators said that, while Walle himself did not commit any of the rapes, he helped make the crimes happen. In one case, investigators said he pointed a gun at a duct-taped kitchen worker while one of the other, Rigoberto Moron Martinez, raped another employee on the kitchen floor.

According to the St. Pete Times, Pinellas-Pasco Circuit Judge Joseph A. Bulone remarked at Walle's sentencing that: "Quite frankly, the facts of this case are amazingly aggravated; they are very, very serious."

Continue reading "ST. PETE: Teen Sentenced to 27 Years in Prison for Rape at The Table" »

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" »

"Sexting," the act of sending nude or semi-nude images from one's cell phone or computer, is being cited as a major factor in the recent death of a Ruskin teenager.

Thirteen (13) year-old Beth Shields Middle School student Hope Witsell ultimately took her own life when the taunting and bullying by other students became too much to handle.

According to a recent story in the St. Pete Times, Hope Witsell's death is just the second in the nation in which a connection between "sexting" and teen suicide can be clearly drawn.

According to Parry Aftab, a nationally known "cyberlawyer" who has appeared on Goodmorning America and the Today show, "This is very important, because it shows that sexting-related suicides are tracking the same way cyberbullying-related suicides are."

A 2009 Harris online poll shows that one (1) in five (5) teens admit that they've sent naked pictures of themselves or others over a cell phone. But even that number may be low, according to experts.

While the details leading to Hope's death vary, many students describe the chain of events this way: During the last week of school in June, Hope forwarded a photo of her breasts to the cell phone of Alex Eargood, a boy she liked. A rival girl, who was the girlfriend of another boy Hope liked and a friend of Alex's, asked to borrow Alex's phone on the bus. That girl found the image and forwarded it to other students. Within hours, the image had gone viral at both Beth Shields Middle School and Lennard High School.

Aside from the embarrassment associated with nude photos landing in the wrong hands, Florida law considers the possession or distribution of nude images of minors to be Child Pornography, a third-degree felony punishable by up to five (5) years in prison.

Unfortunately, while Hope's death may be the first of its kind in the Tampa Bay area (and the State of Florida), it will probably not be the last.

Continue reading "TAMPA: Sexting-Related Bullying Led Teen to Commit Suicide" »

A Seminole man was sentenced to 20 years in a Florida state prison today for molesting two (2) girls he lured through MySpace.

Hillsborough Circuit Judge Wayne S. Timmerman also ordered Edward Oberwise, 40, to serve 10 years of Sexual Offender probation when he is released.

The judge was outraged at Oberwise's apparent lack of remorse - the defendant only mentioned he was sorry after repeated promptings by Timmerman.

"You are sorry you got caught," Timmerman said. "I have no sympathy."

The sentence was the maximum Timmerman could impose under an agreement prosecutors struck with Oberwise in exchange for him waiving his right to a Jury Trial.

Timmerman found Oberwise guilty of five (5) counts of Lewd and Lascivious Battery in August. Without the cap, Oberwise faced up to 75 years in prison.

The girls were 12 and 14 when the crime occurred. The Tampa Tribune does not identify the victims of sex crimes.

In a letter read by her mother, the older victim said she was still having nightmares and flashbacks about the incident and cringes every time she drives by the parking lot where the assaults occurred.

The younger girl and her mother didn't speak. But at trial, the girl testified that she met Oberwise through her MySpace page and the two began to text and e-mail.

She agreed to meet him at a park near her FishHawk Ranch home and took her older friend along because she didn't want to meet him alone.

The pair said they sneaked out of their homes and met Oberwise on Jan. 3, 2008. He drove them to a nearby grocery store parking lot.

Oberwise molested one girl in the back seat while the other stayed in front acting as a lookout, testimony showed. The girls then exchanged places.

Ultimately, the younger girl's mother discovered the relationship while checking her daughter's cell phone. Deputies then set up a recorded conversation between the girl and Oberwise in which he admitted the sexual conduct.

During his bench trial, Oberwise denied any sexual activity. He admitted meeting the girls but said he left because they were so young.

Oberwise testified the girls stole $15 in beer money and that he only admitted to the sexual conduct during the recorded conversation because he was mad about the theft.

During that call, the girl set up a second meeting. Oberwise was arrested when he arrived at that meeting.

Continue reading "TAMPA: Pinellas Man Sentenced to 20 Years for Luring Girls on MySpace" »

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" »

Every-once-in-awhile, we read about an arrest that, when juxtaposed against the time/background/location, really makes us wonder what is going on in our society. This happened earlier this week when Charles James Brown, 61, a security guard at All Children's Hospital in St. Petersburg was arrested on five counts of Sexual Performance by a Child, otherwise known as Possession of Child Pornography. For the complete story, check out the article in Monday's St. Pete Times.

While deputies were serving a search warrant at Brown's residence in Clearwater, at approximately 2:00 p.m., he was in the process of downloading more child pornography, according to Pinellas County Sheriff's spokeswoman Marianne Pasha.

Brown, who was hired by All Children's Hospital in 2005, had a "very solid" work history as a full-time security officer, said hospital spokeswoman Cindy Rose. He had a background in military and police work and passed all background checks before being hired by the hospital. At this point, detectives have found no evidence to suggest that Brown acted inappropriately while at the hospital, says Pasha.

Continue reading "ST. PETE: Security Guard at All Children's Hospital Arrested on Child Porn Charges" »

Corey Robert Munn, a 40-year old St. Pete man, has been charged with having sex with a woman and not informing her of his HIV-infected status. According to arrest affidavits filed with the Clerk of Court, Munn had a consensual sexual relationship with a woman for 18 months but neglected to tell her he was infected with the virus. For the original story and reader comments, check out this week's Tampa Bay Online article.

Having prosecuted Sex Crimes for the State Attorney's Office in Clearwater, I know that this type of sex offense is (fortunately) not-so-common in the Tampa Bay area (or at least it is not-so-common to report the commission of this offense).

The SLAVIN LAW FIRM in Clearwater provides an aggressive, experienced and zealous defense for individuals that have been arrested, or are under investigation, for various sexually-motivated offenses. This year to date, the SLAVIN LAW FIRM has represented individuals charged with the following offenses: Capital Sexual Battery, Lewd or Lascivious Molestation, Lewd or Lascivious Battery, Failure to Register as a Sexual Offender, Possession of Child Pornography, Unlawful Sexual Activity with a Minor and Transmission of Harmful Material to a Minor by Electronic Communication.

Continue reading "ST. PETERSBURG: HIV-Infected Man Charged with Having Sex without Informing Partner" »

Yesterday, a Safety Harbor man was arrested on various charges stemming from his involvement in a counterfeit money order scam. Raul Francisco Zelaya, 50, was arrested for Scheming to Defraud a financial institution, Communications Fraud and Possession of Counterfeit Checks. For the complete story, check out today's Tampa Bay Online article.

On Tuesday, when investigators finally arrested Zelaya, he had an additional 243 counterfeit money orders valued at over $230,000. Zelaya is believed to have obtained these checks from a known online check-cashing scam. These type of scams typically appear online as "work from home" job opportunities and can be posted on websites or appear in spam e-mail.

This is not the first time that this Zelaya character has been involved in this type of activity. According to the Clearwater Police Department, Zelaya previously took part in a similar scam that was investigated by the Pinellas County Sheriff's Office.

Continue reading "PINELLAS COUNTY: Counterfeit Money Order Scam Busted" »

The Polk County Sheriff's Office just concluded a Prostitution sting which focused on the use of Craigslist's online "adult services classifieds." According to Polk County Sheriff Grady Judd, his agency's investigation revealed that "Craigslist, despite saying they're cleaning up their exotic section, continues to facilitate prostitution, and they derive proceeds from prostitution." Judd says that "Craigslist encourages organized prostitution around the country by providing an outlet to sell sex services."

For the complete story which was featured in today's The Ledger of Lakeland.

While I generally like Polk County Sheriff Grady Judd, I think we really need to second-guess whether, during these difficult economic times, he should have led an investigation where Polk County Sheriff Detectives prowled the personals sections last week for Lakeland, Tampa and Orlando adult services advertisements.

The San Francisco company has been at the center of a national controversy about its erotic services section, prompting it to make changes to how advertisers post.

Continue reading "POLK COUNTY: 26 Women Arrested on Prostitution Charges Involving Craigslist Ads" »

Hernando County Circuit Court Judge Jack Springstead denied a former Central High School teacher's request to expunge a 2004 incident where he was arrested for Soliciting a 16-year old student to perform oral sex. Judge Springstead, in denying the motion, stated that "potential school districts need to be made aware of the charge and disposition."

James Jensen, a former history teacher at Central High, pleaded no contest in July 2004 and received a "withhold of adjudication" along with three (3) years of probation and a revocation of his teaching license.

This story caught my attention as I routinely handle requests to Seal & Expunge Arrest Records and the result of this case is highly unusual.

Continue reading "SPRING HILL: Ex-Teacher's Arrest Record Will Not Be Sealed" »