<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" media="screen" href="/~d/styles/rss2full.xsl"?><?xml-stylesheet type="text/css" media="screen" href="http://feeds.feedburner.com/~d/styles/itemcontent.css"?><rss xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" xmlns:feedburner="http://rssnamespace.org/feedburner/ext/1.0" version="2.0">

<channel>
	<title>Law Offices of Bjorn E. Brunvand | Acquitter.com</title>
	
	<link>http://acquitter.com</link>
	<description>Tampa Bay and Clearwater (Florida) Criminal Defense Lawyer</description>
	<lastBuildDate>Tue, 31 Jan 2012 18:33:59 +0000</lastBuildDate>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.2.1</generator>
		<atom10:link xmlns:atom10="http://www.w3.org/2005/Atom" rel="self" type="application/rss+xml" href="http://feeds.feedburner.com/acquitter" /><feedburner:info uri="acquitter" /><atom10:link xmlns:atom10="http://www.w3.org/2005/Atom" rel="hub" href="http://pubsubhubbub.appspot.com/" /><feedburner:emailServiceId>acquitter</feedburner:emailServiceId><feedburner:feedburnerHostname>http://feedburner.google.com</feedburner:feedburnerHostname><item>
		<title>Four Colombians Extradited to U.S., Plead Guilty, Now Will Serve Time in U.S. Federal Prison</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/3YQdt-DLP1A/</link>
		<comments>http://acquitter.com/news/florida/colombian-drug-charges-tampa/#comments</comments>
		<pubDate>Tue, 31 Jan 2012 18:33:59 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Hillsborough County]]></category>
		<category><![CDATA[Tampa]]></category>
		<category><![CDATA[Drug Crimes]]></category>
		<category><![CDATA[Felonies]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2853</guid>
		<description><![CDATA[A federal judge in Tampa sentenced Elias Estupinan Rengifo of Colombia to 135 months in federal prison for conspiring with others to possess with intent to distribute five or more kilograms of cocaine on-board vessels subject to the jurisdiction of [...]]]></description>
			<content:encoded><![CDATA[<p>A federal judge in Tampa sentenced Elias Estupinan Rengifo of Colombia to 135 months in federal prison for <a href="http://acquitter.com/practice-areas/felony-drug-charges/">conspiring with others to possess with intent to distribute five or more kilograms of cocaine</a> on-board vessels subject to the jurisdiction of the United States. He previously pled guilty to the drug charges in October.</p>
<p>Rengifo was charged along with three co-conspirators &#8211; Horacio Aguirre Perea, Vicente Aguirre Perea, and Wilson Vallejo, all of Colombia. All three were arrested in Colombia, extradited to the United States, subsequently pled guilty to the same drug conspiracy charge, and were previously sentenced. Horacio Aguirre Perea received a 235 month sentence. Vicente Aguirre Perea was sentenced to 180 months in federal prison. Vallejo was sentenced to 135 months in federal prison.</p>
<p>According to court documents, Rengifo and his co-conspirators participated in an on-going maritime cocaine smuggling organization operating along Colombia&#8217;s southern coast between 2005 and 2009. Authorities claim that the group organized multiple cocaine smuggling trips. These trips included two by stateless go-fast vessels interdicted by the United States in the Pacific Ocean on February 19, 2005 and December 2, 2006 as well as two by stateless self-propelled semi-submersible (SPSS) vessels interdicted by the United States in the Pacific Ocean on March 1, 2008 and June 16, 2008.</p>
<p>Coast Guard officers seized more than 1,000 kilograms of cocaine from both of the interdicted go-fast vessels. The SPSS vessels were also carrying cocaine, but were scuttled before Coast Guard officers could recover any cocaine. All those aboard the four interdicted vessels were first brought into the United States in the Middle District of Florida.</p>
<p>The case was investigated by the Panama Express Strike Force, a Tampa-based federal task force which runs an international drug interdiction operation. <a href="http://acquitter.com/about/bjorn-e-brunvand/">Bjorn Brunvand</a>, although not involved in the Rengifo case, has previously represented other defendants investigated by the Panama Express Strike Force. Just a few years ago, Brunvand obtained an <a href="../case-results/drug-smuggling-acquittal/">acquittal for a Russian ship captain charged with smuggling cocaine</a>.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/3YQdt-DLP1A" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/colombian-drug-charges-tampa/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/colombian-drug-charges-tampa/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=colombian-drug-charges-tampa</feedburner:origLink></item>
		<item>
		<title>Lakeland Man Charged with Second-Degree Murder in Polk County</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/D6Lryhw0_iY/</link>
		<comments>http://acquitter.com/news/florida/lakeland-murder-polk-county-florida/#comments</comments>
		<pubDate>Tue, 31 Jan 2012 03:19:38 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Lakeland]]></category>
		<category><![CDATA[Polk County]]></category>
		<category><![CDATA[Felonies]]></category>
		<category><![CDATA[Violent Crimes]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2851</guid>
		<description><![CDATA[Kristian C. Brooks-Marlar of Lakeland has been charged with second-degree murder in the death of Matthew Ross McCraney, also of Lakeland. Polk County sheriff&#8217;s detectives allege that Brooks-Marlar and McCraney got into a fight early last Sunday morning. The two [...]]]></description>
			<content:encoded><![CDATA[<p>Kristian C. Brooks-Marlar of Lakeland has been charged with <a href="http://acquitter.com/practice-areas/capital-murder/">second-degree murder</a> in the death of Matthew Ross McCraney, also of Lakeland. Polk County sheriff&#8217;s detectives allege that Brooks-Marlar and McCraney got into a fight early last Sunday morning. The two men were apparently at the same party at the time but did not know each other previously.</p>
<p>Authorities say that, during the fight, Brooks-Marlar beat and kicked McCraney even after he fell to the floor. McCraney died from bleeding in his brain, caused by the beating, according to the Polk County Medical Examiner&#8217;s Office. The sheriff&#8217;s office denies that Brooks-Marlar acted in self-defense or was provoked.</p>
<p>Under Florida law, a person is guilty of first-degree murder if he kills someone with the premeditated design to effect that person’s death OR in the perpetration of such crimes as drug trafficking or any of a variety of violent felonies. A first-degree murder conviction carries a possible life sentence or even the death penalty.</p>
<p>In this case, Mr. Brooks-Marlar has been charged with second-degree murder.</p>
<p>A person is guilty of second-degree murder in Florida if he kills someone “by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual”. A conviction carries a sentence of up to 15 years in prison.</p>
<p>A “premeditated design to kill” means that there was a conscious decision to kill. The decision must be present in the accused’s mind at the time the act was committed but doesn’t necessarily require a long thought-process or planning period.</p>
<p>In this case, it appears that prosecutors did not believe there was evidence of such premeditation and chose to forego the first-degree murder charge.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/D6Lryhw0_iY" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/lakeland-murder-polk-county-florida/feed/</wfw:commentRss>
		<slash:comments>2</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/lakeland-murder-polk-county-florida/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=lakeland-murder-polk-county-florida</feedburner:origLink></item>
		<item>
		<title>DUI Manslaughter Charges Filed in 2009 Pinellas Crash</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/7ifIjN30AOw/</link>
		<comments>http://acquitter.com/news/florida/dui-manslaughter-charges-filed-in-2009-pinellas-crash/#comments</comments>
		<pubDate>Sun, 29 Jan 2012 23:40:23 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Palm Harbor]]></category>
		<category><![CDATA[Pinellas County]]></category>
		<category><![CDATA[DUI]]></category>
		<category><![CDATA[Felonies]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2838</guid>
		<description><![CDATA[Two and a half years after the August 2009 car crash that killed Leigh Ann Hallett and Robert Hallett of New Port Richey, 27-year-old Michelle Marie Jensen was charged with DUI manslaughter and arrested. After being booked into the Pinellas [...]]]></description>
			<content:encoded><![CDATA[<p>Two and a half years after the August 2009 car crash that killed Leigh Ann Hallett and Robert Hallett of New Port Richey, 27-year-old Michelle Marie Jensen was charged with <a href="http://acquitter.com/practice-areas/dui-drunk-driving/">DUI manslaughter</a> and arrested. After being booked into the Pinellas County Jail this week, she was released on $40,000 bond.</p>
<p>According to the Florida Highway Patrol, investigators believe that Jensen was traveling at 83 mph on McMullen Booth Road in Palm Harbor when her car collided with a Toyota Camry. The Halletts&#8217; Camry was reportedly in the intersection of Boot Ranch Boulevard when Jensen&#8217;s car hit the driver&#8217;s side. The Halletts were the only occupants and were both killed.</p>
<p>Troopers noted  in their report that they smelled the odor of alcohol on Jensen after the crash. Jensen suffered critical injuries in the crash as well and was hospitalized. An analysis of two blood samples taken after the crash  at the hospital allegedly indicated that Jensen had a blood alcohol level between 0.09 and 0.11. Jensen was hospitalized with serious injuries after the crash. In Florida, a driver is presumed impaired for the purposes of driving at .08 percent blood-alcohol level.</p>
<p>There was no indication in the media reports as to why it took so long for charges to be filed in this case.</p>
<p>If convicted of DUI manslaughter, Jensen will face up to 15 years in a Florida State correctional institution, in addition to a fine of up to $10,000, on each count.</p>
<p>If you or someone you know is facing DUI charges in the Tampa Bay area, you are well-advised to contact <a href="http://acquitter.com/about/bjorn-e-brunvand/">an experienced DUI defense attorney</a> to help you navigate the criminal and administrative implications of a DUI charge and/or conviction.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/7ifIjN30AOw" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/dui-manslaughter-charges-filed-in-2009-pinellas-crash/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/dui-manslaughter-charges-filed-in-2009-pinellas-crash/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=dui-manslaughter-charges-filed-in-2009-pinellas-crash</feedburner:origLink></item>
		<item>
		<title>Pasco Driver Charged with DUI in Motorcycle Hit-and-Run</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/ZpF2BrcoXNg/</link>
		<comments>http://acquitter.com/news/florida/pasco-dui-motorcycle-hit-run/#comments</comments>
		<pubDate>Sun, 29 Jan 2012 05:18:59 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Hudson]]></category>
		<category><![CDATA[Pasco County]]></category>
		<category><![CDATA[DUI]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2836</guid>
		<description><![CDATA[Michael Andrew Del-Freo of Hudson, Florida was charged with driving under the influence after a hit-and-run crash with a motorcycle earlier this week. The crash left two people critically injured according to the Florida Highway Patrol. According to the highway [...]]]></description>
			<content:encoded><![CDATA[<p>Michael Andrew Del-Freo of Hudson, Florida was charged with <a href="http://acquitter.com/practice-areas/dui-drunk-driving/">driving under the influence</a> after a hit-and-run crash with a motorcycle earlier this week. The crash left two people critically injured according to the Florida Highway Patrol.</p>
<p>According to the highway patrol, Del-Freo was driving a 2001 Kia when he pulled out of a gas station on U.S. 19, just north of Hudson Avenue, about 11:40 p.m. His car collided with a Harley-Davidson motorcycle as he moved into the roadway. The driver of the motorcycle, Gary Thomas of Spring Hill was injured, as was his passenger, Janet Nash of Daytona Beach. Thomas and Nash were taken to the hospital. Highway patrol reports indicated that neither was wearing a helmet.</p>
<p>Law enforcement alleges that Del-Freo left the scene of the wreck. Troopers arrested him later at his home, on Shoal Drive in Hudson. After his arrest, Del-Freo had a breath-alcohol concentration between 0.148 and 0.153, according to authorities. He was charged in Pasco County with DUI and leaving the scene of a crash with injury.</p>
<p>If this was Del-Freo’s first DUI arrest, he faces up to six months in jail in addition to probation, community service and a fine. If he has previous DUI convictions and/or Thomas or Nash were seriously injured, he faces enhanced sentences and possibly even a felony charge.</p>
<p>If you or someone you know is facing DUI charges in the Tampa Bay area, you are well-advised to contact an <a href="../about/bjorn-e-brunvand/">experienced DUI defense attorney</a> to help you navigate the criminal and administrative implications of a DUI charge and/or conviction.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/ZpF2BrcoXNg" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/pasco-dui-motorcycle-hit-run/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/pasco-dui-motorcycle-hit-run/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=pasco-dui-motorcycle-hit-run</feedburner:origLink></item>
		<item>
		<title>Tampa Man and Co-Defendant Found Guilty in Mortgage Fraud Case</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/3GtTL-7VWz8/</link>
		<comments>http://acquitter.com/news/florida/tampa-man-guilty-mortgage-fraud/#comments</comments>
		<pubDate>Tue, 24 Jan 2012 04:49:04 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Hillsborough County]]></category>
		<category><![CDATA[Tampa]]></category>
		<category><![CDATA[Felonies]]></category>
		<category><![CDATA[White Collar Crimes]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2829</guid>
		<description><![CDATA[Late last week, a federal jury in Tampa found William &#8220;Ondra&#8221; Joel of Oxford, Florida and Maurice Vernon of Tampa guilty of conspiracy to commit mail fraud and wire fraud and making false statements on loan applications submitted to FDIC-insured [...]]]></description>
			<content:encoded><![CDATA[<p>Late last week, a federal jury in Tampa found William &#8220;Ondra&#8221; Joel of Oxford, Florida and Maurice Vernon of Tampa guilty of conspiracy to commit <a href="http://acquitter.com/practice-areas/white-collar-crimes/">mail fraud and wire fraud and making false statements on loan applications submitted to FDIC-insured financial institutions</a>. Both men face a maximum sentence of 20 years in federal prison on each of the eleven counts of wire fraud and mail fraud. For each of the two counts of making false statements to an FDIC-insured financial institution, they each face a maximum of 30 years in federal prison. They will be sentenced in the spring after a pre-sentencing investigation can be completed.</p>
<p>Last year, a federal grand jury indicted Joel, Vernon and a co-conspirator, Elton Lassiter, charging the men with thirteen federal crimes related to an alleged mortgage fraud scheme. The evidence presented at trial indicated that Joel and Vernon recruited co-conspirator Jill Jackson to purchase ten residential properties in 2006. Jackson had a good credit rating but had insufficient weekly take-home income from her job as a call-center supervisor to afford the purchase of even one of the ten properties.</p>
<p>Testimony and evidence at trial suggested that Jackson’s weekly take-home pay was $300 to $400. The ten properties, collectively, cost more than $1.8 million. Joel and Vernon arranged for Lassiter, a loan processor, to facilitate the approval, processing and funding of loans from ten different lenders for each of the ten properties.</p>
<p>The loan applications submitted to the lenders included false information relating to Jackson’s gross monthly income and her intent to occupy the homes as her primary residence. Joel arranged payoffs out of each closing to his company for repairs to each property that were never done. Joel then kicked-back fraud proceeds to Vernon and Jackson either through his company or directly from title agents at closing.</p>
<p>Both Lassiter and Jackson previously pleaded guilty for their participation in this scheme. Lassiter was sentenced to 33 months in federal prison. Jackson has not yet been sentenced. The media reports did not indicate whether co-defendants Lassiter and Jackson testified against the investigation&#8217;s primary targets, Joel and Vernon, but it would certainly not be surprising to hear that they did cooperate with prosecutors.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/3GtTL-7VWz8" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/tampa-man-guilty-mortgage-fraud/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/tampa-man-guilty-mortgage-fraud/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=tampa-man-guilty-mortgage-fraud</feedburner:origLink></item>
		<item>
		<title>Jury Selection in Hernando County Death Penalty Case Begins</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/4Nv5z6MCTgA/</link>
		<comments>http://acquitter.com/news/florida/jury-selection-in-hernando-county-death-penalty-case-begins/#comments</comments>
		<pubDate>Wed, 18 Jan 2012 17:09:32 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Hernando County]]></category>
		<category><![CDATA[Felonies]]></category>
		<category><![CDATA[Violent Crimes]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2816</guid>
		<description><![CDATA[Attorneys involved in the capital murder case against John Kalisz in Hernando County spent all day Tuesday questioning prospective jury members. They begin another day of jury selection on Wednesday morning. Kalisz, already convicted of killing a sheriff&#8217;s deputy in [...]]]></description>
			<content:encoded><![CDATA[<p>Attorneys involved in the <a href="http://acquitter.com/practice-areas/capital-murder/">capital murder case</a> against John Kalisz in Hernando County spent all day Tuesday questioning prospective jury members. They begin another day of jury selection on Wednesday morning.</p>
<p>Kalisz, already convicted of killing a sheriff&#8217;s deputy in Dixie County, is accused of murdering two Hernando County women and attempting to murder two others.</p>
<p>As is typical, the lawyers spent considerable time asking potential jurors about their opinions on the death penalty. Two people indicated that they could never vote in favor of execution due to their religious convictions, regardless of whether the law allowed it. Two more expressed opinions very strongly in favor of the death penalty. All four were stricken from the panel.</p>
<p>Other prospective jurors were also dismissed from service throughout the day for various reasons. Forty remain to continue the process on Wednesday.</p>
<p>Prosecutors reportedly asked many questions about jurors or family members with military service, previous interaction with Hernando County sheriff&#8217;s deputies and what the potential jurors believed causes people to commit crimes.</p>
<p>The media reports that Kalisz&#8217;s defense attorney asked questions about ownership of firearms, hobbies, whether they believe alcoholism is a disease and what they thought about the Fifth Amendment &#8220;right to remain silent.&#8221;</p>
<p>Both sides have already agreed that there will be no mention of the killing of the Dixie County sheriff&#8217;s deputy, as any such mention would be prejudicial to the determination of Kalisz&#8217;s guilty in the Hernando County case.</p>
<p>According to law enforcement, Kalisz shot his sister Kitty Donovan, her daughter Manessa Donovan, Kitty Donovan&#8217;s office manager Deborah Tillotson and her employee Amy Wilson in Donovan&#8217;s home near Brooksville. Tillotson and Kitty Donovan were killed.</p>
<p>Kalisz then allegedly fled north in his van on U.S. 19 to Cross City, where he was confronted by Dixie County sheriff&#8217;s deputies. Kalisz fired a shot out of his van window and killed Reed. Kalisz was shot at least six times before his arrest.</p>
<p>Attorneys estimate the trial could last as long as two weeks if Kalisz is convicted of first-degree murder and a penalty phase of the trial becomes necessary. In a case involving the death penalty, the defendant&#8217;s guilt is determined first by the jury. If the jury finds the defendant guilty of a capital crime, a separate hearing is held with new witnesses and evidence so that the jury can consider all of the legally relevant factors necessary to making a sentencing recommendation to the court.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/4Nv5z6MCTgA" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/jury-selection-in-hernando-county-death-penalty-case-begins/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/jury-selection-in-hernando-county-death-penalty-case-begins/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=jury-selection-in-hernando-county-death-penalty-case-begins</feedburner:origLink></item>
		<item>
		<title>Bond Denied for Two Men Charged in Pinellas Murders</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/0RJ80_GZxoI/</link>
		<comments>http://acquitter.com/news/florida/bond-denied-for-two-men-charged-in-pinellas-murders/#comments</comments>
		<pubDate>Wed, 18 Jan 2012 04:50:33 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Clearwater]]></category>
		<category><![CDATA[Florida]]></category>
		<category><![CDATA[Pinellas County]]></category>
		<category><![CDATA[Felonies]]></category>
		<category><![CDATA[Violent Crimes]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2819</guid>
		<description><![CDATA[Brothers Isidro and Carlos Jones were denied bond in a newly filed murder charge against them in Pinellas County Circuit Court. The brothers are charged with killing Zorana Lebedic in Clearwater back in September as she rode her bicycle home [...]]]></description>
			<content:encoded><![CDATA[<p>Brothers Isidro and Carlos Jones were denied bond in a newly filed <a href="http://acquitter.com/practice-areas/capital-murder/">murder charge</a> against them in Pinellas County Circuit Court. The brothers are charged with killing Zorana Lebedic in Clearwater back in September as she rode her bicycle home from a class. The Joneses were already being held on second-degree murder charges in the deaths of Peter Rakowski and Colbert Collins. Rakowski and Collins were shot and killed in Clearwater&#8217;s Cherry Harris Park on October 15.</p>
<p>Police say that Jones met Rakowski, who was from New York, in Tampa on October 15th and drove to the park where they came into contact with Collins. Words were exchanged and, according to police affidavits, Carlos Jones shot both men at about 4:43 a.m. They later died of their wounds. There has been no public suggestion as to what the Jones brothers, Rakowski and Collins were doing at the park or what they may have argued about.</p>
<p>Deputies determined that the same gun used to kill Rakowski and Collins was also used to kill Lebedic several weeks earlier. Presumably, prosecutors waited until ballistics testing was complete before filing charges in the September shooting.</p>
<p>Carlos Jones was arrested later in the day on October 15. Isidro Jones was not arrested until October 26.</p>
<p>Though the homicides occurred fairly close in time to one another, they will not be tried in the same trial. It is also likely that the brothers will seek separate trials, especially as only one is accused of the actual shooting. There could potentially be four different trials arising out of these three deaths, assuming that the case is not resolved prior to trial by dismissal or plea agreement.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/0RJ80_GZxoI" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/bond-denied-for-two-men-charged-in-pinellas-murders/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/bond-denied-for-two-men-charged-in-pinellas-murders/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=bond-denied-for-two-men-charged-in-pinellas-murders</feedburner:origLink></item>
		<item>
		<title>Hillsborough Prosecutors File First Degree Murder Charges in Shooting of Avila Couple</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/VqKUr-7HEdE/</link>
		<comments>http://acquitter.com/news/florida/first-degree-murder-charges-avila-hillsborough/#comments</comments>
		<pubDate>Wed, 11 Jan 2012 19:02:43 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Hillsborough County]]></category>
		<category><![CDATA[Tampa]]></category>
		<category><![CDATA[Felonies]]></category>
		<category><![CDATA[Violent Crimes]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2796</guid>
		<description><![CDATA[Julian Ospina-Florez, a naturalized citizen from Colombia, has been charged with two counts of first-degree murder this week after a Tampa physician and his wife were shot and killed. The Hillsborough County Sheriff and prosecutors accus Ospina-Florez of shooting Hector [...]]]></description>
			<content:encoded><![CDATA[<p>Julian Ospina-Florez, a naturalized citizen from Colombia, has been charged with two counts of <a href="http://acquitter.com/practice-areas/capital-murder/">first-degree murder</a> this week after a Tampa physician and his wife were shot and killed. The Hillsborough County Sheriff and prosecutors accus Ospina-Florez of shooting Hector Rivera and Debra Rivera on Monday night in their mansion in the Avila community.</p>
<p>He is being held in jail until Friday, when there will be a hearing to determine whether he can be held without bail until his case is disposed of.</p>
<p>Ospina-Florez was arrested the night after the homicides. He had previously worked as Debra Rivera&#8217;s driver and assistant, according to law enforcement. If convicted, he faces life in prison with mandatory prison sentences of possibly 25 to 50 years. The State may still choose to pursue the death penalty.</p>
<p>At a short hearing this morning, the judge told Ospina-Florez that the case is &#8220;known as a circumstantial evidence case from an evidentiary standpoint.&#8221; He proceeded to tell Ospina-Florez, &#8220;You were employed by the alleged victims. You were the only person at the residence at the time of the shooting. The gun that was registered to you was the same type of gun that was a used to kill the two victims. They recovered the gun and the bullets inside the residence. &#8230; The ammunition was found inside your car. The story that you claimed about being attacked was inconsistent with the physical evidence at the residence.&#8221;</p>
<p>Prosecutors asked that Ospina-Florez be held without bail. The public defender objected and the court directed the prosecutor to file a motion for pretrial detention because of circumstantial nature of the case. According to news reports, the judge indicated that he was not satisfied with the strength of the case, noting that law enforcement has not specifically linked the defendant&#8217;s gun to the crime, &#8220;just the caliber of the gun that was used.&#8221;</p>
<p>The judge said the government will need specific information in order to justify holding the defendant without bail.</p>
<p>Authorities allege that Ospina-Florez shot both Riveras multiple times with a 9mm handgun. Ospina-Florez then called 911 and told the dispatcher there had been a shooting at the home. He said he had been attacked by the assailant. When deputies arrived, they found the couple dead and Ospina-Florez in the home.</p>
<p>Authorities say there was no sign of forced entry and no injuries to Ospina-Florez. A 9mm gun was found in the home and a box of ammunition was discovered in Ospina-Florez&#8217;s car. They also claim that the relationship between Debra Rivera and Ospina-Florez had deteriorated and that Debra Rivera had recently reported the theft of a substantial amount of jewelry.</p>
<p>Based upon the judge&#8217;s commentary, it looks like prosecutors will need to bring some physical evidence to Friday&#8217;s hearing before he will order Ospina-Florez held without bond.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/VqKUr-7HEdE" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/first-degree-murder-charges-avila-hillsborough/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/first-degree-murder-charges-avila-hillsborough/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=first-degree-murder-charges-avila-hillsborough</feedburner:origLink></item>
		<item>
		<title>Kevin White Co-Defendant Incompetent to Stand Trial</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/mNbQJQ93hXA/</link>
		<comments>http://acquitter.com/news/florida/kevin-white-co-defendant-incompetent-to-stand-trial/#comments</comments>
		<pubDate>Sun, 01 Jan 2012 01:52:31 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Hillsborough County]]></category>
		<category><![CDATA[Tampa]]></category>
		<category><![CDATA[Felonies]]></category>
		<category><![CDATA[White Collar Crimes]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2766</guid>
		<description><![CDATA[George Hondrellis, co-defendant in former Hillsborough County Commissioner Kevin White&#8217;s corruption case, has been deemed mentally incompetent to stand trial. According to the federal magistrate on the case, Hondrellis will be treated for his mental condition for at least four [...]]]></description>
			<content:encoded><![CDATA[<p>George Hondrellis, co-defendant in former Hillsborough County Commissioner Kevin White&#8217;s <a href="http://acquitter.com/practice-areas/government-fraud/">corruption</a> case, has been deemed mentally incompetent to stand trial. According to the federal magistrate on the case, Hondrellis will be treated for his mental condition for at least four months and likely will be medicated.</p>
<p>Hondrellis is accused of conspiring with White in a bribery scheme. He underwent a psychological evaluation at a Miami medical facility. Neither defense attorneys nor prosecutors disputed the results of the evaluation, which indicated that Hondrellis needed more treatment.</p>
<p>At a hearing in September, the court indicated that Hondrellis was a paranoid schizophrenic with a history of violence. Hondrellis was ordered to be taken into custody immediately for a mental evaluation at that time.</p>
<p>Investigators have said Hondrellis, in the presence of aconfidential informant, gave White (who was chairman of the Hillsborough County Public Transportation Commission at the time) and his father, Gerald White, money to obtain towing certificates, putting Hondrellis&#8217; towing company on a rotation list used by law enforcement.</p>
<p>In November, White was found guilty of seven out of 10 counts in the public corruption case. Each count carries a maximum sentence of five to 15 years.</p>
<p>Competence to stand trial is different from an insanity defense. When a person claims to be not guilty by reason of insanity, the defense must prove a particular state of mind at the time of the crime. When a person is suggested to be incompetent to stand trial, the court will look at the defendant&#8217;s mental condition at the time of trial &#8211; regardless of his or her mental condition at the time of the crime.</p>
<p>The court shall grant a motion to determine the defendant&#8217;s competency (or shall order such a hearing on its own motion) if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is <em>unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense</em>. </p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/mNbQJQ93hXA" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/kevin-white-co-defendant-incompetent-to-stand-trial/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/kevin-white-co-defendant-incompetent-to-stand-trial/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=kevin-white-co-defendant-incompetent-to-stand-trial</feedburner:origLink></item>
		<item>
		<title>Drug Charges Dropped Against Tampa Doctor</title>
		<link>http://feedproxy.google.com/~r/acquitter/~3/DHtPuYWDaHc/</link>
		<comments>http://acquitter.com/news/florida/drug-charges-dropped-against-tampa-doctor/#comments</comments>
		<pubDate>Sat, 31 Dec 2011 18:34:17 +0000</pubDate>
		<dc:creator>K. McKinney</dc:creator>
				<category><![CDATA[Florida]]></category>
		<category><![CDATA[Hillsborough County]]></category>
		<category><![CDATA[Tampa]]></category>
		<category><![CDATA[Drug Crimes]]></category>
		<category><![CDATA[Felonies]]></category>

		<guid isPermaLink="false">http://acquitter.com/?p=2761</guid>
		<description><![CDATA[Six months after Tampa physician, Dr. Christina Paylan and her boyfriend, Joseph Abdo, were charged in state court for drug possession, the charges have now been dismissed. Last summer, police found syringes and empty boxes of Demerol in the trash [...]]]></description>
			<content:encoded><![CDATA[<p>Six months after Tampa physician, Dr. Christina Paylan and her boyfriend, Joseph Abdo, were charged in state court for <a href="http://acquitter.com/practice-areas/felony-drug-charges/">drug possession</a>, the charges have now been dismissed.</p>
<p>Last summer, police found syringes and empty boxes of Demerol in the trash outside Dr. Paylan&#8217;s home. Inside the home, authorities discovered more prescription meds like hydrocodone, Demerol, Valium and Xanax that had not been prescribed to either Paylan or Abdo. They pursued drug charges.</p>
<p>Now, because doctors are allowed to store drugs and drug samples, the state has dismissed the charges. Prosecutors told the media that they still believe that evidence is suspicious because some containers were opened or empty.</p>
<p>Dr. Paylan still faces charges in a second case in which she is accused of using a patient&#8217;s identification to get Demerol for herself. She was charged earlier this fall with obtaining a controlled substance by fraud, as well as fraudulent use of personal information.</p>
<p>In August, state officials suspended Paylan&#8217;s license in an emergency order, alleging that she posed an immediate threat to the public. The Department of Health listed their evidence in a 17-page administrative complaint, which alleges that Paylan used a patient&#8217;s name to obtain Demerol. The complaint also states that when police searched Paylan&#8217;s home they found bloodstains in the carpet and used syringes scattered through the house.</p>
<p>It seems likely that prosecutors felt that a jury might find reasonable doubt when faced with the possession charges, due to the legality of a physician possessing drug samples. It seems clear that authorities believe that Paylan was using or abusing the drugs herself, rather than just storing them. But the legal elements of the crime reference only unlawful possession (or constructive possession). If her possession was lawful by the letter of the law, a jury was likely to return a not-guilty verdict.</p>
<img src="http://feeds.feedburner.com/~r/acquitter/~4/DHtPuYWDaHc" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://acquitter.com/news/florida/drug-charges-dropped-against-tampa-doctor/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://acquitter.com/news/florida/drug-charges-dropped-against-tampa-doctor/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=drug-charges-dropped-against-tampa-doctor</feedburner:origLink></item>
	</channel>
</rss>

