Articles Posted in Internet and Sex Crimes

According to a BayNews9.com story this morning, WikiLeaks founder Julian Assange was arrested Tuesday in London on a Swedish warrant, London’s Metropolitan Police said.

Assange was arrested at a London police station at 9:30 a.m. (4:30 a.m. EST) and will appear at the City of Westminster Magistrate’s Court later in the day, police said.Swedish authorities had issued the warrant for Assange so they can talk to him about allegations of Sex Crimes unrelated to WikiLeaks’ recent disclosure of secret U.S. documents.

Assange’s British lawyer, Mark Stephens, said his client would fight extradition to Sweden, according to Britain’s Press Association. The court now has roughly twenty-one (21) days to decide whether to order his extradition, said Mark Ellis, executive director of the International Bar Association.Assange, a 39-year-old Australian, has said he has long feared retribution for his website’s disclosures and has called the rape allegations against him a smear campaign.

According to an online St. Pete Times story, Clearwater Police Department (CWPD) detectives seized more than eighty (80) computerized gaming machines and a new car last week after executing a search warrant at what authorities called an illegal gambling operation on U.S. Highway 19 North in Clearwater.

The search and seizure happened around 5:00 p.m. Friday at the Rio Arcade, located at 19042 U.S. Highway 19 North. Clearwater detectives began investigating the business after receiving complaints of illegal gambling. A quick look at the Rio Arcade’s website (hyperlinked above) gives the impression that this was more of a casino than an arcade.Detectives believe the establishment was operating an illegal gambling business with approximately eighty-four (84) gambling computers. During execution of their search warrant on Friday, they seized the computers, $10,000 in cash, a 2011 Hyundai and other electronic equipment.

No arrests have been made, but the Clearwater Police Department has forwarded criminal charges against the owner and several managers to the Pinellas-Pasco State Attorney’s Office, which will determine whether to prosecute. Continue reading

According to an online story on BayNews9.com this evening, a Florida State University (FSU) student was arrested today on Child Porn Possession charges.According to authorities, detectives obtained a search warrant for 22-year-old Michael Sendker’s home at the Villa del Largo Apartments and that’s where they found the suspected child pornography.Sendker was booked into the Leon County Jail and is now facing twenty eight (28) counts of Possession of Child Pornography.

As many regular readers of this blog already know, this author is a University of Miami School of Law graduate and proud to be a Miami Hurricane!!
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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 yearGamble is charged with two (2) counts of Workers’ Compensation Fraud and one (1) count of Theft.
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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.
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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

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.
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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.”
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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.
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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

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