Florida Criminal Defense Lawyer Blog

DNA tests have confirmed that Ariel Castro is the father of 6-year-old Amanda Beryy born to one of the three women he is accused of keeping in captivity for more than a decade. Castro's DNA does not match that of any other Ohio abduction cases.

Berry was one of the individuals rescued Monday along with Michelle Knight, who disappeared in 2002, and Georgina "Gina" DeJesus, who disappeared in 2004.
Castro is currently on suicide prevention, which is standard procedure for high-profile inmates. A day earlier, a judge ordered he be held Thursday on $8 million bond on kidnapping and rape charges.

The prosecutor intends on charging Castro with attempted and aggravated murders, in which Castro allegedly forced miscarriages.

Investigators were told the women were chained in the basement of the home, but later moved upstairs to rooms on the second floor. They were allowed out of the home only twice. Castro would frequently test the women by pretending to leave and then discipline any of them if they had moved.

Authorities continue to investigate the situation.

After months of a dramatic and emotional trial, juries in the Jodi Arias trial have finished deliberating and the fate of Jodi Arias will be announced at 4:30pm.

Jurors have been deliberating since Friday night. Deliberations surround the key questions of whether of nor Jodi Arias killed her ex-boyfriend Travis Alexander in self-defense.

Alexander was stabbed repeatedly, shot and nearly decapitated about five years ago by ex-girlfriend and Defendant Jodi Arias. Arias says she killed him in self-defense after he attacked her, but horrific nature of the murder has caused many spectators to doubt this defense.

The jury has been in court since since January 2 and they finally heard closing arguments on Friday. Jurors deliberated for a total of 15 hours and five minutes.

If they convict Arias of first-degree murder, they then will have to decide whether she lives or is punished with the death penalty. A first-degree murder conviction could result in her execution unless a jury grants her leniency, in which case she would get life in prison and may not be eligible for parole for at least 25 years.

The verdict will be announced today at 4:30pm.

Kevin Hart, actor and comedian, was arrested for "suspicion" of drunken driving early Sunday morning. Authorities allegedly observed Hart speeding on a freeway at 90 mph in a back Mercedes, weaving through traffic lanes, nearly hitting a nearby truck.

Hart pulled over when officers indicated he was being stopped and officers say Hart was unable to perform the field sobriety tests that are standard when an individual is pulled over and for "suspicion" of drunken driving. Police booked him into jail and held him on a $5,000 bond.

Subsequent to his arrest, Hart later tweeted: "When the cop asked me to take the sobriety test I said 'WHY WASTE OUR TIME ... I'M DRUNK MAN.'"

However, he later tweeted, "This is a wake up call for me, I have to be smarter & last night I wasn't ... everything happens for a reason...drinking & driving is not a game or a laughing matter. People have lost lives because of stupid ... this!," he said on his verified Twitter account.

Rehtaeh Parsons, a 17-year-old Canadian student was taken off life support Sunday after she was hospitalized for an attempted suicide. Parsons was allegedly sexually assaulted by four boys and was subsequently severely bullied at her high school for more than one year. Due to a lack of evidence, there were no filing of charges against the alleged suspects -- this left Parson's emotionally disturbed which eventually led to her attempted suicide.

The alleged sexual assault took place November 2011 when Parsons was 15 years old. In addition to the incident itself, photographs showing Parsons having sex with one of the boys were allegedly circulated throughout the high school. Her family believes this further act contributed to Parson's developing suicidal thoughts.

Dispersing such a picture as was done in this case, notwithstanding consent of either party involves, is considered child pornography under Canadian law. However, an initial investigation by Royal Canadian Mounted Police and local authorities found "insufficient evidence to proceed with charges."

Parsons is said to have struggled emotionally after the police investigation ended without criminal charges, however, Canadian officials have recently expressed an intent to reconsider the filing of criminal charges.

Jana Winter, a fox news reported who reported the notebook that was allegedly sent from James Holmes to his psychiatrist failed to reveal her sources and she now faces jail time for not disclosing such information.

Winter has been subpoenaed by Holmes' attorneys to testify on Wednesday and has indicated that she does not plan to reveal her source. Winter fears that revealing her source will tarnish her reputation in her professional field.

Days after the July 20 theater massacre in Aurora, Colorado, Winter scored a major scoop on FoxNews.com, reporting about the existence of the notebook. She cited a source who described the book as including illustrations and other details of how the massacre would occur.

Holmes is charged with numerous counts of first-degree murder for the murder of 12 people and wounding dozens more at the premiere of the Batman movie where he opened fire at the theatre guests.

Federal agents believe Holmes planned the attack for months. His trial is scheduled to begin in February 2014. If convicted, he faces the death penalty.

Holmes' attorneys have filed a series of motions and hearings in an attempt to find out who leaked the information about the notebook, calling to the stand all the police and bomb technicians who had access to the package. All have said they did not speak to any reporters about the package.

Winter made it clear in last month's affidavit that her credibility is at stake if she were to reveal her sources and she refuses to do so. She and her attorneys have tried to fight the subpoena, but have been unsuccessful.

Two Texas prosecutors were killed over a two month span, one of which was the district attorney in Kaufman County.

District Attorney Mike McLelland and his wife, Cynthia, were shot to death, almost two months after assistant prosecutor Mark Hasse was shot and killed outside Texas county's courthouse on January 31 of this year. Hasse had feared for his life and carried a gun to work, said a Dallas attorney who described herself as his longtime friend.

Subsequent to Hasse's murder, McLelland was recorded stating, "We're going to pull you out of whatever hole you're in, we're going to bring you back and let the people of Kaufman County prosecute you to the fullest extent of the law."

It is said that investigators have recovered several shell casings from a .223-caliber rifle in the McLelland's home.

It is said that Brandi Fernandez, McLelland's first assistant district attorney, will take over the office on an interim basis until Gov. Rick Perry can appoint a successor.

McLelland's office was one of numerous Texas and federal agencies involved in a multiple-year investigation that led to the 2012 indictment of 34 alleged members of the Aryan Brotherhood of Texas on racketeering charges.

The FBI describes the group as a "whites only," prison-based gang with members operating inside and outside of state and federal prisons throughout Texas and elsewhere in the United States since at least the early 1980s."

While authorities have not said if they have established a link between the deaths of Hasse and McLelland, or the involvement of white supremacists, Texas law enforcement agencies did warn shortly after the November 2012 indictment that there was "credible information" that members of the Aryan Brotherhood were planning to retaliate" for the indictment.

There is additional speculation that has considered the possibility that the shootings may be connected to the March 19 death of Colorado prisons chief Tom Clements, who was gunned down after answering the door to his house.

Colorado prosecutors have rejected James Holmes' offer to plead guilty in exchange for escaping the possibility of being given the death penalty. Prosecutors have expressed that based on the current information disclosed to prosecutors, it is unlikely that a plea offer will be accepted by Holmes' defense lawyers.

Holmes is charged with multiple counts of murder and attempted murder in the July 20 Colorado theatre shooting. Twelve people were killed and 70 were injured.

As previously mentioned, Holmes' attorneys disclosed in a court filing Wednesday that their client has offered to plead guilty if prosecutors agreed to spare him the death penalty. Prosecutors criticized defense attorneys for publicizing the offer and argue that defense lawyers purposely did this in order to make the public and the judge aware of plea negotiations that should have remained private.

George Brauchler, the current DA in Arapahoe County, is scheduled to announce Monday whether he will seek the death penalty for Holmes.

Pierce O'Farrill, of the victims of the Colorado shooting who was shot three times, stated that he would welcome an agreement that would imprison Holmes for life. He expressed concerns that the long trial process would be too emotional for other victims.

Kathryn Kalikow, daughter of New York Post's former owner, and Brian Whelan were charged Monday with possession of drugs with intent to sell after an alleged advertisement of the drug was posted on craigslist. The drug Kalikow allegedly attempted to sell was heroin.

On Sunday, undercover police detectives in the Bronx, New York, responded to the cragslist post as an interested buyer. Kalikow, Whelan and detectives agreed on an address, and the two sellers arrived in a blue Volkswagen.

Records show that Kalikow said to the undercover officer, "Yes I have drugs. He's my boyfriend, I was holding on to it for him," and she gave the detective three plastic bags, each containing 10 small bags of a tan, powdery substance.

Whelan told officers that the ad on Craigslist was his idea and admits to needing treatment. Court documents reveal that Whelan said he is a heroin addict, and to afford the drug, he agreed to sell some of the drug on consignment for the person he buys from.

Whelan and Kalikow pleaded not guilty at their arraignments Monday and were released on their own recognizance. They are expected to return to court on May 14, said Melvin Hernandez, a spokesman for the Bronx district attorney.

Immediately after Monday's arraignment, Whelan's family admitted him voluntarily to a drug rehabilitation facility, Whelan's attorney said Tuesday.

Three people were arrested Sunday in connection with the helicopter escape by inmates in a Canadian prison. The two inmates that escaped are Benjamin Hudon-Barbeau and Dany Provencal. Hudon is already in police custody, however, Provencal is surrounded by authorities and are engaged in negotiations attempting to bring him back to prison peacefully. The whereabouts of Provencal remain unknown.

The escape took place at about 2:20 p.m. on Sunday at a prison in Quebec. The pilot who assisted in the escape was taken to a hospital for examination and will be interviewed by investigators. No information has been released indicating whether or not the pilot had been injured or his involvement, however, news reports say the inmates held a gun to the pilot's head and forced him to fly the helicopter. The helicopter pilot is said to be a witness rather than a suspect.

Hudon, the escaped inmate that is now in police custody, was cleared on appeal of a double murder, but had returned to prison in connection with an attempted murder investigation. Provencal convicted is unknown.

Edwin Ernesto Rivera Gracias, a national from Salvador, was named on the FBI's Ten Most Wanted Fugitive list Thursday, in connection with the murder of a Colorado man was on Thursday.

Gracias is accused of killing 69-year-old Richard Limon in August 2011. It is alleged that Gracias choked, beat and stabbed Limon and then dumped his body in the mountains outside of Denver. Limon was a longtime family acquaintance of Gracias' girlfriend.

Photos of Gracias and his description can be viewed at http://www.fbi.gov/wanted/topten/edwin-ernesto-rivera-gracias. The wanted poster says he is about 5 feet, 10 inches tall, weighs approximately 170 pounds, and is between ages 29 and 33.

According to the FBI, Gracias is a member of the MS-13 gang and has several tattoos, including one of "MS-13" across his back.

Gracias was in the United States illegally at the time of the slaying, the FBI says, and he may have fled back to El Salvador. The FBI is offering a $100,000 reward for information leading to his arrest.

Jodi Arias, who is being charged with first-degree murder in the killing of her ex-boyfriend Travis Alexander, has spent two weeks on the witness stand answering detailed questions from attorneys about practically every aspect of her life including the day she killed Alexander.

Arias claimed she acted in self-defense when Alexander attacked her after a day of vulgar sex. However, authorities and prosecutors believe she planned it out of jealousy and rage.

Arias has had 3 stories since the incident: she initially told authorities she had nothing to do with Alexander's death, she then changed her story and blamed it on masked intruders, and she is now settled on a self-defense argument. Arias argues she remembers very little from the incident and she acted violently because she feared for her life.

Arias shot Alexander in the head, stabbed him nearly 30 times and slit his throat from ear to ear.

On Wednesday, jurors will pose their own questions to the defendant, a procedure allowed under Arizona law in criminal cases. The prosecutor and her attorneys will meet Wednesday morning to review questions and submit any objections.

Throughout her testimony, Arias has described an abusive childhood blaming her parents, a past of cheating boyfriends, dead-end jobs, etc. She has also detailed for jurors how Alexander grew physically abusive in the months leading up to his death, once choking her into unconsciousness, and how he had sexual desires for young boys.

However, none of her allegations have been corroborated by witnesses or evidence during the trial, and she has admitted to lying repeatedly prior to and after her arrest, but Arias insists she is telling the truth now.

Arias has acknowledged she left the gun behind in the desert, got rid of her bloody clothes, tried to clean the scene at Alexander's home, and even left the victim a voicemail on his mobile phone within hours of killing him and dragging his body into the shower. She admitted she was too scared and ashamed to tell the truth.

Arias' grandparents had reported a .25 caliber handgun stolen from their Northern California home about a week before the killing which was the same caliber used to shoot Alexander.

72-year-old Kermit Gosnell, a Pennsylvania doctor, faces eight counts of murder for the deaths of seven babies, and a 41-year-old woman who died of an anesthetic overdose during a second-trimester abortion.

Gosnell performed abortions past the 24-week limit allowed by law, even allegedly as late as eight months into pregnancy. Authorities state he used scissors to sever the spinal cords of live newborns from their mothers.

Gosnell has pleaded not guilty and is about to stand trial. Jury selection was set to begin Monday. If he's convicted, prosecutors would like to seek the death penalty. Philadelphia District Attorney Seth Williams said, "a doctor who cuts into the necks severing the spinal cords of living, breathing babies, who would survive with proper medical attention, is committing murder under the law."
A grand jury investigation determined that health and licensing officials had received repeated reports about Gosnell's practices for two decades, but had taken no action, Williams said.

The practice where Gosnell was employed was called the Women's Medical Society and they served mostly low-income minority women for years.

When authorities searched Gosnell's office, they found jars containing the severed feet of babies lined a shelf and the furniture and equipment was blood-stained, dusty and broken.