Vous êtes sur la page 1sur 4
The State Attorney Sidebar VOLUME 2, ISSUE 1 MARCH 2014 A Message From the State Attorney
The State Attorney Sidebar
VOLUME
2,
ISSUE
1
MARCH
2014
A Message From the State Attorney
SPECIAL
POINTS OF
INTEREST:

A message
It’s been a busy 2014, so
far! The State Attorney’s
Office remains focused on
our core mission - keeping
that it has been in years.
Our goal is to keep those
crime numbers dropping.
We ask that you continue to
from the
this community safe.
We
State Attor-
will not detour from this mis-
ney
sion!
In fact, I am pleased to
tell you that crime is down in

Recent SAO
the Fourth Judicial Circuit.
The crime rate is the lowest
pray for our team as we con-
tinue to seek justice for the
hundreds of victims in our
community and pray for
peace for our victims and
their families.
~ Angela
trial victories

Home safety
tips
The Rebuttal

Homicide vs.
Murder
Motion to Dismiss or request a SYG
hearing.
or any lesser charge which is includ-
ed in the jury instructions.

The Hub-
In 2013, the Fourth Judicial Circuit
bard House
took 39 homicide cases to trial.
is a record!
That
victim organ-
ization
The media’s current buzz word
seems to be ten letters long—
OVERCHARGE. We have men-
tioned the topic before in The SAO
Sidebar, but after recent media
coverage, it is necessary to address
the subject once again.
The law does not permit an
“overcharge” in the State of Florida.
 27 defendants were found GUILTY
AS CHARGED.
In fact, Florida has a series of
checks and balances in place to
 7 defendants were found guilty of a
lesser included offense
protect against it.
Defense attor-
neys are tasked with serving the
best interest of their clients. If an
attorney believes an “overcharge”
has been filed in their client’s case,
that attorney can challenge the
charge by filing what is called a
Motion to Dismiss.
The other safeguard in place is
what is called a Judgment of Acquittal
or JOA. The attorneys in the Zimmer-
man and Dunn cases did request a
JOA at trial. When a JOA is request-
ed, the trial judge reviews all of the
facts in the case and then decides
whether the defendant should be
cleared of the charge(s) filed by the
State altogether or if the case should
be sent to the jury on the highest
charge filed and the necessarily or
requested lesser included offenses.
The judges in the Zimmerman and
Dunn trials denied JOA requests - that
means the judges found the charges
as filed by the State were proper and
should be deliberated by the jury.
 1 was found not guilty
 4 ended in a hung jury (Of the four,
one was retried and the defend-
ant was found GUILTY AS
CHARGED. The other three
cases are set for retrial this
year.)
Stand Your Ground (SYG) is
another way for defense attorneys
to not only dismiss a charge, but get
immunity for their client. In the
George Zimmerman and Michael
Dunn cases, attorneys did not file a
It is the responsibility of the SAO to
file the highest charge which it be-
lieves it can prove beyond a reasona-
ble doubt. A jury has the right to con-
vict a defendant of the crime charged
The SAO stands behind the filing
decisions made in the Zimmerman
and Dunn cases as well as the many
other cases we file.
VOLUME 2, ISSUE 1
VOLUME
2,
ISSUE
1
PAGE 2
PAGE
2
VOLUME 2, ISSUE 1 PAGE 2 Justice Promised, Justice Delivered  Dennis T. Glover was con-
Justice Promised, Justice Delivered  Dennis T. Glover was con- victed of Murder in the First
Justice Promised, Justice Delivered

Dennis T. Glover was con-
victed of Murder in the First
Degree. A jury also recom-
mended that Glover be sen-
tenced to Death Row. ~ASAs
John Guy and Janeen Mira

~ASAs Anna Crutcher and John
Kalinowski
Matthew R. Hinson was sen-

Lascivious Molestation. ~ASAs
Rachel Algee and Erin Perry
Sandy V. Alston, Jr. was con-
tenced to life in prison for Mur-
der in the Second Degree.
~ASA Jeff Moody

Christopher L. Anderson

Pedro J. Ocasio-Alcazar was
victed of Sexual Battery on a
Child Under 12, Sexual Battery
on a Child Over 12 and Child
Abuse—Impregnating a Child
Under 16. ~ASA Terence Martin
was found guilty of Murder in
the First Degree and Posses-
sion of a Firearm by a Convict-
ed Felon. He was also sen-
tenced to life in prison on
these counts. ~ASAs David
Thompson and Lee Smith
convicted and sentenced to 60
years in prison for six counts of
Vehicular Homicide. ~ASAs
Steve Siegel and Lee Smith

Rodney R. Newberry was con-

Aaron E. Wallace was found

Robert A. Jerrell was con-
victed of Aggravated Man-
slaughter of a Child. ~ASAs
Donna Thurson and Beverly
Collins
guilty of two counts of Attempt-
ed Aggravated Battery and one
count of Poss. Of a Firearm by a
Juv. Found to have Committed a
Felony Act. ~ASAs Brittany
Mauerberger and Peter Over-
street
victed of Murder in the First De-
gree and Armed Robbery. A jury
also recommended that Newber-
ry be sentenced to Death Row.
~ASAs Bernie de la Rionda and
Jessica Klingensmith

Omar Santiago was found

Dustin S. Duty was found
guilty of Armed Robbery.
guilty of Murder in the First De-
gree and Solicitation to Commit
First Degree Murder. ~ASAs Lon-
don Kite and Peter Overstreet

James R. Cox was sentenced
to life in prison for Lewd or

Hearings and Cheerings

As proud as we are of the hard work that our employees do, we are especially proud of those who are recognized for their work outside of this oce. Recently, ASAs London Kite and Brooke Brady were both selected to serve on boards within our community. London was appointed to serve on the Board of Directors for Florida Coastal School of Law’s Coastal Law Founda on. The main purpose of the Coastal Law Founda on is to raise, invest and manage funds for scholarships and educa onal programs to benet the students of Florida Coastal School of Law and their community.

Brooke was selected as ViceChair for the Juvenile Jus ce Circuit Advisory Board. The purpose of this Board is to provide advice and direc on to the Department of Juvenile Jus ce (DJJ) in the development and implementa on of juvenile jus ce programs.

PAGE 3 Special Acknowledgement Opportunity Linda Nelson has been part of the SAO for 26 years.
PAGE
3
Special Acknowledgement Opportunity
Linda Nelson has
been part of the SAO for
26 years.
In October 1987, she
was hired as a Fiscal
Administrator in the
Business Office. In
1998, Linda was pro-
moted as a second level
Administrator and then
later promoted as a level
three Fiscal Administrator.
In June 2010, Linda
transferred to our Youth
Offender Program where
she currently works as a
Prosecution Support Spe-
cialist.
Linda’s granddaughter
Jaiden is the inspiration for
the SAO’s motto - ”Smile.
No Complaints.”
Linda Nelson
Victim’s Voice
“By providing
these victims
with counseling,
food and
clothing, or even
just a safe place
to stay, the
Hubbard House
continues to
positively impact
those in our
community.”
The SAO understands that
being a victim of a crime can
have a serious impact on
one’s life. We also know how
important it is for our victims
to have the support they need
during this difficult time. With
the help of our victim advo-
cates and other agencies in
the community, we are able
to provide victims with the
services they need.
One of the agencies that
the SAO works closely with is
the Hubbard House. The
Hubbard House is an award-
winning organization that
works with those affected by
domestic violence. In the ear-
ly 1970’s, a group of women
started a rape crisis hotline
for women experiencing do-
mestic violence. As the calls
continued to pour in, these
women began to realize that
there were not services for
these victims. So in 1976,
the Hubbard House was
purchased and opened its
doors, becoming the first
shelter in Florida that was
specifically designed for
victims of domestic vio-
lence.
Today, the Hubbard
House is a nationally recog-
nized, full-service domestic
violence center that pro-
vides support to this com-
munity, as well as guidance
to other communities that
want to develop their own
domestic violence centers.
The Hubbard House
serves as a safe haven for
women, men and children
that have been exposed to
domestic violence by
providing them with all the
support and counseling
they need in order to move
forward and make positive
changes in their lives.
They aim to provide safety,
empowerment and social
change for victims and their
children through education
and advocacy.
By providing these vic-
tims with counseling, food
and clothing, or even just a
safe place to stay, the Hub-
bard House continues to
positively impact the lives
of those within our commu-
nity. Their hard work shows
that they are dedicated to
helping victims of domestic
violence and are deter-
mined to accomplish their
mission, which is that every
relationship be violence-
free.
Off The Record
Recently,
the State
Attorney’s Office took
time
to
honor
those
who
have been
wounded while fighting
for our country. Mem-
SAO Employees Monica Bain and
Summer Sonson with their Wounded
Warrior
bers
of
our staff
col-
these men and women.
As part of the pro-
ject, the SAO adopted
21 Wounded Warriors.
The SAO collected and
then donated to these
brave men and women
gifts such as golf trips,
food, gift cards, and
family games. The
SAO thanks all of
those who serve in
our military and risk
their lives for our
country.
lected
a
variety
of
items
to
deliver
to

PAGE 4

Safety Zone Home Safety Tips from your SAO Inves gators  Be extra cau ous about
Safety Zone
Home Safety Tips from your SAO Inves gators
 Be extra cau ous about locking doors and windows when leaving the house, even if it’s on-
ly for a few minutes.
 When leaving your home for an extended me, have a trusted neighbor or family member
watch your house and collect your newspaper and mail.
 Set a mer for your indoor and outdoor lights to turn on and off. This will give the illusion
that the house is occupied.
 Be sure to keep all valuables locked in a safe or other secured area.
 Do not leave keys “hidden” outside the home. Instead, leave a spare key with a trusted
neighbor or family member.
www.sao4th.com

Setting the Record Straight

All murders are homicides, however not all homicides are murder. Many times, we hear the terms “homicide” and “murder” used interchangeably, when in actuality, the circumstances can be quite different. By definition, a “homicide” is the killing of another human be-

ing. “Murder”, on the other hand, is a killing of a human being that has been deemed illegal by the Legislature. “Manslaughter” is also defined as an illegal kill-

ing.

Basically, all three terms

refer to the death of a human be-

ing. The big difference is the mo- tive and manner in which the death occurred. Under Florida law, some hom- icides are deemed justifiable. An example of this would be when an individual is protecting himself

from imminent danger, such as in a robbery or burglary or in a case of self-defense. A homicide can be considered excusable when the death occurs by acci- dent or misfortune. Murder, on the other hand, is a deliberate act and is classified at many dif- ferent levels. Murder in the First Degree is the highest level of- fense and is a capital felo- ny. One type of first degree mur- der is premeditated mur- der. What some may not realize is that premeditation can happen within a few seconds of time or it can be a carefully mapped out plan. The other type of first de- gree murder is called Felony Murder, which is a death that occurs during the commission of certain dangerous felonies such as robbery or sexual battery.

Murder in the Second Degree involves a death where an indi- vidual kills another human being without premeditation, but say rather out of anger or with ill will or reckless disregard. There is also the charge of Manslaughter, which is the killing of a human being by intentional act or negli- gence. For example, if an indi- vidual is killed by a drunk driver, that driver could be charged with manslaughter. The SAO reviews each and

every homicide case carefully and then decides which charge we believe can be proven beyond a reasonable doubt. The final determination is left up to a jury.