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.
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According to a breaking story on TampaBay.com, a 28-year-old Tampa man was confronted by two (2) teenagers as he was jogging after midnight in Town ‘n Country and (following a physical altercation) he shot one of them to death, said Larry McKinnon, a Hillsborough County Sheriff’s Office (HCSO) spokesman.

The shooting happened after 1:00 a.m., near Pinehurst Drive and Hickory Circle. The teens were dressed in black and wearing hooded jackets, McKinnon said. No further information was given as to why two (2) teenagers would be out at 1:00 a.m., dressed in all black and wearing hoodies. However, its doubtful that they were also “out for a jog.”

Thomas Baker, of 9015 Hickory Circle, fired multiple rounds with a .45-caliber semiautomatic handgun, McKinnon said. According to the online story, he was cooperative with the Hillsborough County Sheriff’s Office (HCSO) investigation.

It also appears that Mr. Baker will have a solid defense under Florida’s relatively-new “Stand Your Ground” law.Carlos Musteliel, 18, of 8921 Camino Villa Boulevard in Tampa, died from a gunshot to the chest. Deputies found him dead in a roadway at 1:24 a.m.

Five (5) houses away from where the shooting happened, Baker stood outside his home Wednesday morning smoking a cigarette. “I don’t want to talk,” he said. “It was a terrible thing.”

Here’s what deputies said happened:

The two (2) teens started talking to Baker. The conversation escalated into an altercation and Musteliel punched him. Baker said he thought one of the teens had a weapon and that a Robbery was about to take place. Baker pulled his gun and shot Musteliel multiple times in the upper torso. The other teen was uninjured, ran away and may have hidden behind a nearby house and discarded his jacket in the yard.The 16-year-old returned when deputies arrived and was being questioned as a witness. He will not be identified by authorities (presumably because he is a Juvenile).

Hillsborough County Sheriff’s detectives were conferring with Tampa prosecutors, who will determine if any criminal charges will be filed (and who they will be filed against).

Neighbor William McVey, 63, said he awoke to the sound of five (5) gunshots. “Somebody getting killed like that is awful,” he said. “What an awful way to start the Thanksgiving weekend.”

He said the neighborhood is pretty quiet with a lot of children.

Baker and the teenagers live in the neighborhood but don’t know each other, sheriff’s detectives said.

Baker has a concealed weapons permit and said he routinely jogs late at night, McKinnon said.
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In breaking news early this morning, Tampa Bay Buccaneers standout rookie wide receiver Mike Williams was arrested and charged with Driving Under the Influence by the Hillsborough County Sheriff’s Office (HCSO)According to an online story by The Tampa Tribune, Hillsborough County Sheriff’s Office (HCSO) deputies arrested Williams at U.S. Highway 301 and Causeway Boulevard at 2:48 a.m. He was arrested even though his blood alcohol level was lower than the level at which a motorist is considered too intoxicated to drive.

*** For an interesting tool to determine how much is “too much” to drink, you can check out the following link on the Blake & Dorsten, P.A. website. ***

Williams was driving 57 mph in a 45-mph zone, weaving in and out of lanes, Hillsborough sheriff’s spokesman Larry McKinnon said.

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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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.

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According to a story that will appear in tomorrow’s St. Pete Times, the mother of a young woman killed walking on the Harbour Island bridge by a suspected drunken driver is suing the man accused in her death.

Early on Oct. 30, Kate Kohlier and Doug Kozar were leaving work at Tampa’s Marriott Waterside Hotel (coincidentally, where this author was married) and walking across the Harbour Island bridge when they were struck and killed by a car driven by Matthew R. Moye.Another hotel employee, 47-year-old Joao Armando Fonseca Barbosa, suffered a broken ankle when he jumped out of the way of the speeding Cadillac, police said. Last week, Barbosa filed a Negligence lawsuit against Moye.

Kohlier was twenty-four (24) and “on the brink of graduating from the University of South Florida (USF) with a degree in psychology,” said attorney Tom Carey, who is representing Kohlier’s mother, Cindy Collins, in the lawsuit.

An online story today on BayNews9.com announced that law enforcement in the Tampa Bay area will begin cracking down on the increasingly-popular “synthetic marijuana” that many kids, teenagers, defendants on probation and/or anyone else that needs to pass a drug test have been increasingly using.

Polk County Sheriff Grady Judd says it’s time to the kill the buzz on synthetic marijuana, otherwise known as K2, Spice or Blueberry Meditation.It takes just a glance on the K2 hyperlink that I’ve provided to see that these companies are staying ahead of the curve by modifying their product to circumvent various State laws that are being drafted to outlaw their product.

This so-called “legal weed” produces a high that doesn’t come from a plant, but a chemist.

Two stories on BayNews9.com today addressed the fate of Jennifer Mee, otherwise known around the world as the “Hiccup Girl.”

At her “First Appearance” or “Advisory Hearing” in Clearwater this afternoon, bond was been denied for Jennifer Mee and two (2) other men, who are facing First Degree Felony Murder charges in connection with a Robbery that left a 22-year-old St. Pete man dead.Mee first made news after a fight with the hiccups that lasted for six (6) weeks. During that time she was asked to leave school because she was considered a distraction to other students.

Doctors finally got the hiccups to stop.

Not good news for Bucs fans as they woke up this morning and got ready for a 1:00 p.m. kickoff against the St. Louis Rams at Raymond James in Tampa.

Bucs Tight End Jerramy Stevens, 30, was arrested (again) and charged with Felony Possession of Marijuana with Intent to Sell, Felony Possession of Marijuana (over 20 grams) and a Misdemeanor of Possession of Drug Paraphernalia, according to authorities with the Tampa Police Department. A copy of Stevens’ Hillsborough County Sheriff’s Office Booking Sheet has been hyperlinked to this blog.”Obviously Jerramy won’t be playing today,” said Jonathan Grella, the director of public relations for the Buccaneers, said before the game against the St. Louis Rams in Tampa.”We are deeply disappointed by the news,” Grella said. “We’ll treat this matter with the seriousness that it deserves.”

A Tampa police Sergeant pulled Stevens over at Cypress Street and West Shore Boulevard just after 7 p.m. for loud music, police said.

After smelling marijuana coming from the inside of the purple 2006 Ford truck, the Sergeant searched it and found thirty eight (38) grams of marijuana (a Felony amount in the State of Florida).

Stevens was arrested and taken to Tampa’s Orient Road Jail without incident. He was released on $4,500 bail a few hours later.

Stevens has a history of alcohol-related arrests including a 2007 conviction for Driving Under the Influence (DUI) in Arizona, which resulted in a one-game suspension and a 30-day jail sentence.

Presumably, the NFL will come down harder on Stevens after this arrest. Fortunately, former University of Miami (shameless plug for my law school) star Kellen Winslow is having another standout year.
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According to a recent story in the USA Today, as illegal prescription drug use soars, the number of cases of Driving Under the Influence (DUI) in which the substance is a prescription drug rather than alcohol is rising steadily.
But prosecuting and obtaining convictions against suspects charged with DUI Involving Prescription Drugs can be a challenge.Many states, including Florida, do not require a test to quantify the amount of drugs in a person’s body in a DUI case, and impairment is difficult to prove.

“What we and other states have run into historically is that there is a well-developed system to quantify the amount of alcohol in the human body,” said Rob Parker, a Brevard County, Fla., prosecutor.

However, “when you have Oxycodone or an opiate, we do not have a well-developed way to quantify the amount of drugs so that a jury can then compare that value to a standard established as an unlawful amount for when operating an automobile.”

Parker prosecuted a man charged with four (4) counts of DUI after a crash in Melbourne in 2007. Minutes after the accident, a police officer observed that the 33-year-old driver’s eyes were bloodshot, his eyelids droopy and his speech mumbled. A blood sample from the driver tested positive for the presence of prescription drugs.

“The jury heard all of that and could not conclude that he was DUI with drugs beyond reasonable doubt,” Parker said.

The jury acquitted the driver of the DUI charges in August.

A DUI charge is the same whether the suspect is accused of driving while influenced by alcohol or drugs.

In Florida, the charge can be proved in two ways: a blood alcohol content of .08 or higher, or if the driver demonstrates he is under the influence of alcohol or a drug that “impairs his normal faculties.”

The second is not so cut and dried.

Law enforcement has limited means to prove impairment. Field sobriety tests (or Field Sobreity Exercises – as some law enforcement officers are trained to call them) are one tool. The state also sometimes relies on “Drug Recognition Experts” (DRE’s), police officers who have completed specialized training in detecting impairment due to drugs.Michelle Perlman, misdemeanor division chief for the Brevard State Attorney’s office, said her office recommends law enforcement agencies get a DRE to the scene as soon as possible if a suspected DUI involves drugs.

“This cannot usually be conclusively diagnosed by the average police officer,” she said.

There are about a dozen DRE’s in Brevard, where more than 2,000 people were charged with operating a vehicle under the influence in 2009. As is common around the country, Brevard does not separately track DUI’s involving drugs.

Cpl. Wendy Wheeler, who heads the DUI unit at the Brevard County Sheriff’s Office and who is a certified expert, said it can take three (3) to six (6) months for an officer to become a DRE.

“The program is real intense,” she said.

Another important tool is a patrol car dashboard camera that can record impaired drivers. But not all police vehicles have them.

When cases go to Trial, a lot is up to the officer and the attorney, Perlman said.

“I do think that we see more difficulty in obtaining guilty verdicts on drug DUIs and that is probably because we are unable to prove the amount of drug in the person’s system or the precise time when it was consumed,” Perlman said. “I think if we can show a quantitative analysis, we will get a lot more plea deals.”

Florida law does not require reporting the quantity of a drug in a driver’s body in DUI cases. But the Florida Department of Law Enforcement (FDLE) has started to conduct quantitative tests for drugs like Cannabis and prescribed drugs like Xanax, Valium and Ativan and the date-rape drug GHB.

“We will continue to add quantitative tests for additional drugs,” said Heather Smith, an FDLE spokeswoman.

She said law enforcement agencies also have the option to seek similar testing done by private labs “if the drug is one that FDLE does not currently quantify.”

Defense Attorney Steve Casanova, who handles scores of local DUI cases, said traces of some drugs can stay in a person’s system for as long as thirty (30) days.

“How do you prove it was affecting him at the time of the arrest?” Casanova said.

In other cases, the suspect may have been prescribed the drug legally.

One state quantifying drug usage in DUI cases is Nevada, where the statute mentions specific quantities of some drugs that have to be present in a person’s blood or urine.

But even when the presence of drugs can be quantified, the effects they have on different people may not be the same, said Joanne Michaels, program director for the National Traffic Law Center in Virginia.

“What they do in different amounts in different people is still being studied,” she said. “Toxicologists are raising concerns because it can be an issue.”
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