Fort Lauderdale Criminal Attorney Blog

June 23, 2016

Florida Rape Charges Against Probation Officer Dropped

By The Law Offices of Richard Ansara, P.A.

There was little doubt that the probation officer had sex with his charge. The video evidence provided by the alleged victim was pretty straightforward proof of that.

But was it rape?

Zachary Thomas Bailey, 52, was arrested on two counts of sexual battery by coercion back in March 2015. But this month, just days before he was slated to go on trial for rape, prosecutors dropped the charges.

The cell phone video was provided to police in Coral Springs when she accused Bailey of rape. But when prosecutors watched the video, it revealed the unclothed woman directing Bailey on how to sexually favor her. State prosecutors announced in court they would not be pursuing the charges, and although they did not specify the reasoning, a memo from the state attorney’s office indicated the video evidence contradicted the rape claim made by the accuser. On top of that, prosecutors noted in the memo that the accuser’s extensive criminal history and potential immigration issues may have made it very tough to garner a conviction. Specifically, they serve to substantiate the defense theory that plaintiff had an ulterior motive in falsely accusing Bailey. Continue reading

June 18, 2016

Goodman v. FDLE – 4th DCA Unswayed by Defense BAC Argument

By The Law Offices of Richard Ansara, P.A.

Florida’s 4th District Court of Appeal has upheld the ruling of an administrative law judge in the case of John Goodman, the polo magnate convicted of DUI manslaughter in the death of 23-year-old Scott Patrick Wilson in 2010.

Goodman was originally convicted in 2012 and again at retrial in 2014. On appeal, Goodman’s defense attorney argued that the blood-alcohol test taken after the accident should not have been used against him. An administrative law judge thought otherwise, and the 4th DCA affirmed in Goodman v. Florida Department of Law Enforcement.

The crux of the argument centered on the viability of Florida’s alcohol blood testing methods. But the justices plainly stated that, “Any attempt by the FDLE to regulate for every possible contingency that may arise in the collection or testing processes would swiftly devolve into a hopeless endeavor and serve only to expand the department’s regulations to epic lengths.” Continue reading

June 15, 2016

Finders Keepers? Man Takes $30K Ring Left on Bathroom Floor, Arrested for Theft

By The Law Offices of Richard Ansara, P.A.

Finders keepers, losers weepers. That’s how the saying goes, anyway. Unfortunately for a man in Palm Beach County, the Florida criminal justice system doesn’t quite work that way.

According to The Sun Sentinel, a woman shopping at Neiman Marcus in Palm Beach stepped into a unisex bathroom when duty called. As she washed her hands, she slipped off a $30,000 diamond ring and placed it on the counter. And then, the Vero Beach made a colossal mistake: She forgot it.

She walked out of the bathroom and soon therefore, police reported, Joseph Tursi walked in. The 58-year-old New York native reportedly pocketed the ring and made no attempt to turn it into store personnel. The 31-year-old alleged victim reportedly didn’t realize her error until she got into her car about 10 minutes later. She put her hands on the steering wheel and then started to panic. She went back to the bathroom to search for the 3-carat diamond ring, but it was nowhere to be seen. Continue reading

June 10, 2016

Florida Domestic Violence Arrest of Former NFL Linebacker’s Wife

By The Law Offices of Richard Ansara, P.A.

We hear so much these days not only about domestic violence in general, but also about instances of abuse allegedly carried out by sports stars – and football players in particular.

According to a USA Today database of NFL player arrests – 821 in total – dozens are for domestic violence, including Denver Broncos’ Montee Ball in February (for allegedly striking his girlfriend in the face), Kansas City Chiefs’ Justin Cox (twice arrested for domestic violence in eight months), San Francisco 49ers’ Raymondo McDonald (allegedly assaulting a woman holding a baby), Detroit Lions’ Rodney Austin (accused of pushing the mother of his child and damaging her phone), 49er Bruce Miller (accused of misdemeanor domestic violence battery).

Those incidents occurred just within the last 12 months. It was so bad in recent years that in December 2014, the NFL announced a new domestic violence policy that includes a more extensive list of prohibited conduct, counseling and services for victims and families, independent investigations and a baseline suspension of six games for any violations that involve assault, battery, domestic violence, dating violence, child abuse or sexual assault. Continue reading

June 6, 2016

Broward Crime Lab Mismanagement Alleged

By The Law Offices of Richard Ansara, P.A.

In November, a Broward County Sheriff’s Office crime lab analyst being investigated for missing drugs resigned. That was almost two years after discrepancies arose with regard to the amount of cocaine evidence she had been working on. When the office came up 0.4 grams short, an independent analyst was asked to re-check her work. By then, the amount had shrunk by 5 grams. Then a random sampling of her work was done, and it was discovered one was off by 12 grams. Her supervisor was forced to resign.

Now, with questions raised about the 5,800+ drug cases she worked during her nine-year tenure at the agency, the Broward New Times is taking a closer look at what it alleges were lax policies and poor oversight at the crime lab.

This is potentially a big deal, as it could result in thousands of Broward drug cases either being reopened or thrown out completely. A few grams may not seem like a major deal, but when it comes to criminal prosecutions, it is significant because it could mean the difference between a misdemeanor and a felony, a few months in prison versus several years. Continue reading

June 1, 2016

ProPublica: Racial Disparity Alleged in Florida Criminal Risk Assessment Tools

By The Law Offices of Richard Ansara, P.A.

The study of predicting which criminals are more likely to commit future crimes has been one of great interest for many years, and it’s given birth to computerized systems in the U.S. known as “criminal risk assessment tools.” Criminologists say there is a public interest in recognizing which individuals may be more dangerous before it is decided how long their sentence should be and when or whether they should be released.

Prior to the 1970s, these predictions routinely factored race, skin color and nationality. The following decade, as the country was in a midst of a crime wave, lawmakers imposed many mandatory minimum sentences and removed discretion from the hands of prosecutors and judges. That meant there was less important to evaluate individual offenders, but then states started grappling with overflowing prisons and jails. And that’s where criminal risk forecast has swung back into routine use.

As detailed in a recent ProPublica article, dozens of computerized risk assessments are being used nationally – including right here in Broward County. These programs made by for-profit firms weigh dozens of various factors. However, the researchers found that these scores have been cited repeatedly by judges at sentencing hearings, and what’s more, the results tend to be skewed along racial lines. Black defendants are often deemed to have a much higher risk assessment, even when the crimes are similar and the statistics are controlled for other factors. Continue reading

May 31, 2016

Miami Woman Kills Teen Burglar, Charges Mulled

By The Law Offices of Richard Ansara, P.A.

The state attorney is considering whether to charge a Miami woman with murder after she gunned down a burglar on her property.

Florida has one of the strongest “Castle Doctrine” laws on the books, which allow homeowners to use lethal force against those who unlawfully enter their homes. The law does require that in order to threaten or use deadly force, the resident/ homeowner has to believe such force is necessary to either prevent imminent death or great bodily harm to herself or someone else or to prevent the imminent commission of a forcible felony.

In this case, the 54-year-old homeowner wasn’t at the time of the burglar’s initial entry, but rather was alerted to the break-in by a home security camera. She reportedly returned home and searched the property room-to-room, until she spotted the teen climbing out a window. She told investigators there was a confrontation and she shot him. Further, police were reportedly on their way. Continue reading

May 26, 2016

Florida Death Penalty May be Doomed

By The Law Offices of Richard Ansara, P.A.

The death penalty in Florida may be on its last leg.

Recently, the Florida Supreme Court nixed the state’s practice of having a judge – rather than a jury – decide a person’s fate in a death penalty case. Then there was the judge in Miami who struck down Florida’s death penalty law as unconstitutional because the state allows a majority – rather than a unanimous – jury decision to determine whether someone should die for their crimes.

Now, there is yet another hurdle for the state: The only three federally-approved sources that provide the lethal mix of injectable drugs used in Florida executions have withdrawn their use for this purpose.

Pfizer, a huge pharmaceutical manufacturer, has stated it wants its medications to be associated with saving lives, rather than ending them. It argues there is no legitimate medical purpose to execute someone. Continue reading

May 23, 2016

Arrest in Florida Hit-and-Run That Killed MMA Fighter

By The Law Offices of Richard Ansara, P.A.

The death of fearsome mixed martial arts fighter Jordan Parsons struck fans with sadness and garnered international headlines from Miami to Sydney.

The 25-year-old Parsons was reportedly crossing the street at the corner of Lindell Boulevard and Federal Highway in Delray Beach, just after midnight on May 1st. The driver of the vehicle that struck him reportedly never stopped as required by law, police said. Neither did that driver’s group of friends, who were reportedly following behind him in a Mercedes. One witness would later tell police she suspected the offending vehicle was traveling at speeds of between 100 and 120 mph.

Now, according to the Palm Beach Post, police have made an arrest. Authorities have jailed Dennis Wright, 28, a man from Boca Raton with a checkered history that involves arrests for driving under the influence, driving with a suspended license and possession of marijuana. Continue reading

May 17, 2016

Broward Human Trafficking Conviction for Rapper

By The Law Offices of Richard Ansara, P.A.

Gerard Nelson was just 24-years-old, but he and his crew – the Str8Profit Boyz – were on the rise.

To those on the outside, it appeared they were living a luxurious lifestyle funded by their creativity and business savvy as rappers and music producers.

In reality, authorities say Nelson and his cohorts were actually making their money selling sex and drugs. Now, Nelson is the first of his co-defendants to be convicted. He is the first Broward County man to be deemed guilty under human trafficking laws passed two years ago, according to The Sun Sentinel. He now faces life in prison. Continue reading