Man Arrested After Taping Arrest With Cell Phone
Video Recording at: http://miami.cbslocal.com/latest-videos?autoStart=true&topVideoCatNo=default&clipId=10100949
MIAMI (CBSMiami) – The charge against freelance disc jockey Lazaro Estrada is obstruction of justice. He was arrested on St. Patrick’s Day after using his cell phone to record a video of an arrest at a Cutler Bay store where he was spinning records for a promotional gig.
Miami-Dade Ofc. Michael Valdez arrived at the store to arrest owner Andre Trigiano on outstanding misdemeanor traffic charges.
Estrada says he began recording the episode with his iPhone only after the officer removed Trigiano from the store and threw the handcuffed man to the ground.
The cell phone video begins with the officer standing on the sidewalk about twenty feet from Estrada, holding a handcuffed Trigiano by the arm. The cop tells two women who are much closer to him to back away, one of the women tells Estrada to move back. The officer then turns to Estrada and says something unintelligible, gesturing at him to get away. The video shows Estrada immediately beginning to back pedal up the walk and into the store where he remains – until pulled out by other arriving officers.
“I backed off into the building and I stayed behind the glass doors,” Estrada told CBS4′s Gary Nelson. “Obviously, all I had was my phone in my hands in clear sight…and he only told me once. I did what he told me.”
In the arrest report, Ofc. Valdez wrote that he gave Estrada “verbal commands to back away and he refused to do so.” The video shows Valdez waving Estrada off only once, and Estrada retreating inside the store, where he continued to record the arrest.
“I felt threatened by his presence,” Ofc. Valdez wrote of Estrada.
Other arriving officers quickly entered the store and removed a protesting Estrada.
“I can record all I want,” Estrada can be heard saying.
“I need your information,” an officer’s voice says.
“For what? What did I do wrong,” Estrada replies.
Ofc. Valdez then confronts Estrada, tearing into him. Valdez said he retrieved a handgun from Trigiano, who reportedly has a permit to carry a concealed weapon.
“The guy’s armed, three times my size, I’m telling you to back off,” Valdez recounts as other officers hold Estrada.
Estrada is represented by attorneys Frank Gaviria and Jonathan Perazzo who have taken his case pro bono, for free.
“At no point did he interfere, impede or obstruct the officer in the performance of his duties,” Gaviria told CBS4 News. “The video clearly shows Mr. Estrada was a very safe distance away from the officer.”
“Everybody’s walking around with cameras on their phones, and they should have a right to video tape officers in public,” Gaviria said.
“Just like police officers have their dash cams, private citizens have their cell phones. There’s no difference,” said Perazzo.
Estrada has something of a rap sheet, he’s been convicted of habitually driving with a suspended license, and was convicted of car theft eight years ago.
“That’s irrelevant,” said Gaviria. The attorney says Estrada is a hard-working father and the alleged cell phone recording abuse he suffered at the hands of police is on them, not him.
“The video speaks for itself,” Estrada said. “I complied with everything he (the officer) said for me to do.”
On the video, as the dust is clearing, Ofc. Valdez can be heard telling Estrada, “You’re going to be arrested.”
“For what?” Estrada counters.
“For, for, uh…” the officer’s voice trails off.
In the end, Valdez charged the cell phone-wielding man with obstruction of justice and resisting arrest without violence, both misdemeanors.
A spokesperson for the Miami-Dade Police Department told CBS4 News “the arrest report speaks for itself, and Mr. Estrada is entitled to his day in court.”
Keep updated on the latest developments and news stories in the area of local, state,and federal criminal law with this informative blog by the law office of Ringsmuth, Day & O'Halloran. See a post relating to a criminal issue you have? Want to know more?? Please call our office for a free consultation at 239-245-8646
Wednesday, April 30, 2014
Tuesday, April 29, 2014
Lee County Prisoner's Story Highlights Issues in Our Criminal System With Punishing Drug Addicts, Not Criminals
Janine Zeitlin, jzeitlin@news-press.com 4:24 p.m. EDT April 28, 2014
Almost two decades after being sentenced to 60 years for selling $850 worth of cocaine, a Fort Myers man clings to hope of an early release.
Almost two decades after being sentenced to 60 years for selling $850 worth of cocaine, a Fort Myers man clings to hope of an early release.
The young man, sandy hair lightened by the sun, took a deep breath before speaking to the judge. His mother and older sister sat clutching hands in the Fort Myers courtroom.
Michael Edwards, who was 31 years old, thought his ex-girlfriend wouldn't testify that he sold her $850 worth of cocaine. Before trial, she signed an affidavit saying another man gave her the drugs. Edwards passed up a plea deal of 15 years. A jury found him guilty.
"I do some idiotic things because I'm addicted to cocaine," Edwards told the judge. "If I had a chance, just one chance, last chance of my life ... I bet I could get out and stay straight."
RELATED: Fort Myers man's family willing to take drug case to Supreme Court
It was 1994 and "Just Say No" was still on the lips of guidance counselors. Cocaine was a public enemy. Edwards' record, smeared with convictions, did not inspire sympathy.
Lee County Judge Jay Rosman had heard enough.
"You are one of the more intelligent people that have ever been before me," Rosman said. "You should be before me as an attorney."
"Oftentimes, people stand before me and ask for a chance after committing a number of crimes and often I think it's not the person that needs help, but the community," he said. "I just can't give you another chance."
Sixty years, he ordered.
Edwards recognized his mother crying behind him as a bailiff escorted him away.
Changed man
Some 6,661 days later, when Michael Edwards looks in the plastic mirror in his locker, he sees a 49-year-old man, hair white around the temples, good looks muted by age; a soul locked in regret for choices he made as an addict — snorting cocaine until his heart felt it could explode and arrogant enough to return to the realm of drug sales seven months after leaving prison.
"I don't know sometimes why I chose to make the wrong choices," he says. "I knew I was wrong. I always felt guilty. Why do we do things that are destructive?"
He wants the world to see who he is now: a Christian who has read the Bible cover to cover three times, a father who talks about the stock market with his adult son and a model prisoner with a file full of ideas: a mentoring network for children, jingles for the pool and spa business he hopes to run with his sister, and a product to sell downloadable engine sounds for electric cars.
But all those ideas rest on whether he can convince the state's highest leaders he should be free before he's an old man. His release date is Christmas Day 2044. He would be 81 years old.
An unlikely ally, former State Attorney Joseph D'Alessandro, has spoken in court on his behalf.
"He has served way more time than the crime," he said. "I think he has changed."
His office recommended the sentence in 1994. How did it get to 60 years? First, Edwards was punished as a habitual felony offender, with 30-year sentences running back-to-back. D'Alessandro said his office had a low tolerance for criminals who tried to slide.
"I finally convinced the judges and everyone, watch their defense and if you feel, 'Hey, that's a legitimate defense.' That's fine. But if you form the opinion that they're just throwing the dice and they're trying to maybe get a jury to walk them when it's all BS, that's when they'd come down hard on them," he said.
"That's probably what happened to him."
The same month Edwards was sentenced, another Fort Myers man was sent away for 20 years after shooting his son-in-law seven times and killing him outside a bar.
John Pike was freed five years ago.
Wilbur Smith, a veteran Fort Myers defense attorney who represented Pike, called the length of Edwards' sentence extreme and absurd.
"I'd be willing to bet that you can't find another 60-year sentence for drugs in Lee County or even in the state of Florida unless it's for multiple kilos of cocaine."
The state prosecutor on Edwards' case, now Lee County Judge H. Andrew Swett, and Rosman, the circuit's chief judge, declined to comment through a courts spokeswoman, who cited ethical concerns because of Edwards' bid for clemency.
Habit forming
Edwards was the type of kid who cried when he feared his father might shoot a rabbit on a hunting trip. He was also the type of kid who charged friends a dime to play the mini-golf course he erected from construction scraps in his backyard.
His father, an Atlanta doctor, was killed in a car crash when Michael was around age 9. Michael, his older sister, Mimi, and his mother, Alicia, moved to Fort Myers in the early 1970s. At Fort Myers Middle School, Michael tried drugs: marijuana first. Cocaine came later.
He ran with a crowd of privileged teenagers.
His mother, a Southern gentlewoman, marveled at her son's popularity, clueless as to one of its contributors.
"My goodness," said, Alicia Allan, lowering her voice. "I did not know anything about pot."
Mimi saw how her brother could talk their mother out of strict punishment.
"Michael grew up never differentiating between right and wrong," Mimi Edwards-Beach said. "He has a heart and you want to give him another chance."
Alicia remembers grounding him, but there were things her well-mannered son concealed.
After Fort Myers High, Michael enrolled at Edison State College but dropped out after a semester of too much partying. Not long after, he moved to Fort Lauderdale, where he met Colombians tapped into a steady stream of cocaine. Edwards would use and sell to friends and business associates. A kingpin, he claims, he was not.
He had three quick marriages, the second to Chrissy Shunda. After their son Kingsley was born in 1985, Edwards tried to stay clean, sold cars but became ensnared in drugs again. Shunda gave him an ultimatum: cocaine or their family.
She saw him months after their divorce. His green eyes that once shined for life looked hollow.
"His habit was following him around like a black shadow," she said.
Friend turns informant
Eventually, the law caught up. In February 1991, in Broward County, Edwards was arrested on charges of cocaine trafficking, drug possession and battery on law enforcement. He says officers found an ounce of cocaine in his home. He pleaded guilty to the charges, though he maintains he's innocent of battery. In April of the same year, he was picked up again for trafficking, after he said his supplier sold him an ounce of cocaine.
His prison sentence: three years.
Released in March 1993, he headed to Fort Myers. His sister offered up her spare condo for him to live. He began partying with Rene Cianci, a fellow addict he met through a furniture store where their mothers worked. The families did not approve; nothing good could come from the pairing of their demons.
Edwards eventually broke up with Cianci, he recalls. At some point, maybe to save herself, Cianci became an informant to a narcotics task force.
She wore a wire. Edwards made the arrangements.
His last night of freedom was Tuesday, Oct. 12, 1993. Around 10:45 p.m., he pulled his Cadillac into the condo's driveway to see a cadre of officers waiting with handcuffs. His stomach dropped.
Days before Christmas, the year after Edwards was sentenced, Cianci's mother and older sister, Joni Middleton, checked her into recovery in Fort Myers.
The same night she left and headed to the Sheraton Hotel downtown. She drank, and drank more, before taking an elevator to the 24th floor.
She jumped, dead at age 34.
"My sister ended her hell, and Michael is living his," Middleton said.
She has written in support of Edwards' attempts to be free.
Bound by law
The moment inmate Edwards felt he might die, he changed. It was about five years into his sentence and he ingested so much cocaine on this day his heart began to surge. He crumpled to his bed and asked a fellow inmate to push on his chest.
Please forgive me God, he recalls praying.
His legal options were running out. He had filed a flurry of motions. In one, he cited 15 claims, including receiving an unusually harsh sentence for exercising his right to trial and the 14 ways in which his lawyer had failed him.
Motion denied.
Related:Musician wants sentence to be in tune with the crime
So, he focused on recovery, on being a better person. Since October 1999, he has not received a disciplinary action. He has attended Bible studies and more than 20 educational and substance abuse programs. After Edwards earned above satisfactory ratings for behavior, his classification officer wrote a letter recommending his release.
"Inmate Edwards has shown himself to be a peaceful, outgoing, exemplary person who has overcome his drug addiction and is ready to re-enter society as a law-abiding citizen," wrote T. Smith, of South Bay Correctional Facility.
In September 2006, Edwards managed to win a shot at resentencing before Judge Rosman. It was standing room-only in the courtroom. Friends, former top prosecutor D'Alessandro and pastors Edwards had befriended in prison spoke for him.
Then, it was Edwards' turn. He spoke about how he'd matured. When free, he'd attend business classes and church.
"Most important," his voice trailed into silence for half a minute. "It's been so hard ... Most important thing is to share my experiences with teenagers and others and let them know what the deal is with drugs and hope it deters them from being in a situation like me."
It was rare for Assistant State Attorney Cynthia Ross to see so many people, particularly D'Alessandro, at such a hearing.
"Today is probably one of the most uplifting and saddening days to stand in court on behalf of the state," she said. "Uplifting because this individual, Michael Edwards, has a family and a community with enormous support and it would appear has made a difference and changed his life. That doesn't happen often and it is remarkable to see.
"It is saddening because we have a judicial system and a series of laws that do not allow your honor to act with his heart but require him to act with the law."
The court could not change the sentence, she argued.
Sixteen days later, Rosman issued his order:
"Even though the Court is sympathetic to Defendant's plight, the Court remains unconvinced that it has jurisdiction to consider granting the relief."
It was a legal sentence, even if it didn't feel like a fair one.
Dismissed.
Hope and despair
Wedged in sugar cane fields, about 80 miles east of Fort Myers, is South Bay Correctional Facility, where Edwards lives with almost 1,900 other inmates. The barbed wire on the fence around the prison glints like tinsel in the sun.
Two decades in, his mind is outside. He frequently talks with his sister, son, mother and friends. At times, he's the one to offer encouraging words to a loved one, though it's hard for him to understand how his loved ones can be sad when they're free.
Near the porcelain sink in his 8-by-14 foot cell, Edwards keeps a pile of dirty clothes. If he thinks about drugs, he grabs a shirt and a bar of soap and starts to scrub.
"Drugs disgust me. They've destroyed my life," he said, scanning the walls in the visitation room, during a nearly three-hour interview.
A bruise ringed his eye after he says an inmate punched him for taking too long to microwave macaroni and cheese. He didn't fight back, he said, never does. It could harm his chances at clemency.
Edwards is dogged in his pursuit. The first time he tried to seek executive clemency from the board chaired by Gov. Jeb Bush was in 2002. Another request was denied last year after a rule change required inmates to serve a third of their time, though he filed it before the change. The state has found him to be ineligible for clemency until Sept. 2, 2014. He's written the board, asking members to invoke a rule to hear his case earlier.
The governor's office referred questions to the parole commission. Jane Tillman, the commission's communications director, declined to talk about Edwards because she said the case is confidential.
His chances are slim. Five applications to reduce prison sentences were granted in 2010, two in 2009, according to the parole commission. In the past two years, the commission has received almost 1,440 such applications.
Edwards knows this, but continues a campaign of hope. The flip side, despair, is too hard to bear.
He hopes for a chance to be more of a father, brother and son.
His son, Kingsley, now age 27, wants to know a father beyond phone calls.
His sister Mimi feels guilty she can't help more, wonders how she could have saved him from himself.
His mother, who is in her 70s, thinks about how, if his father had lived, her son would never be at home in barbed wire. Worry keeps her up at night.
At times, when she's speaking to her son from her South Fort Myers home, Edwards falls quiet. She imagines him on the other end, holding the receiver near and trying to conceal his tears from other inmates.
"Michael, I'm right here with you," she says to the silence. "I love you and pray every day that I'll get to hug you every day again."
The article below was published April 8, 2014.
Family willing to take drug case to Supreme Court
• The family of a Fort Myers man sentenced to 60 years in 1994 for selling $850 worth of cocaine is trying to raise money to hire a lawyer with the expectation that arguments may stretch to the U.S. Supreme Court.
Michael Edwards, who is now 50, has served nearly 20 years. His release date is 2044.
"This is a major break," said Mimi Edwards-Beach, a Cape Coral resident who is Edwards' older sister.
Christopher Cosden, an attorney with the Wilbur Smith Law Firm and has experience in constitutional law, has asked for $110,000 to take the case.
"It would be a major piece of constitutional litigation," said Cosden, who anticipates the case would require a large amount of work, at least a few years of arguing and some luck to win Edwards' freedom. "There's a chance, absolutely."
In the early 1990s, Edwards sold the cocaine to an ex-girlfriend turned informant. He has said he was a cocaine addict in need of treatment when he was sentenced. Since entering prison, he has been lauded for his good behavior by his former classification officer.
"Inmate Edwards has shown himself to be a peaceful, outgoing, exemplary person who has overcome his drug addiction and is ready to re-enter society as a law-abiding citizen," wrote T. Smith, of South Bay Correctional Facility, in a letter years ago.
To house Edwards to his 2044 release date, it would cost more than a half-million dollars at the current rate of about $17,000 a year.
Edwards has sent pleas to other lawyers without responses. He believes his freedom hinges on Cosden taking the case.
"This is my last hope of getting my sentence reduced via the court," Edwards wrote in a letter to The News-Press.
Edwards has asked Cosden to challenge his sentence based on the Eighth Amendment prohibition against cruel and unusual punishment.
Cosden expected lower courts would deny motions to modify Edwards' sentence because it was within the guidelines set by Florida law. While other states have moved toward reforms to modify extremely long sentences for nonviolent drug crimes, Florida efforts have not gone far.
"The real problem is: how do you challenge a sentence that is lawful and otherwise constitutional?" Cosden said.
If he is unable to have the case heard in the Florida Supreme Court, the next step may be to move arguments to the U.S. Supreme Court.
"A 60-year sentence for a nonviolent drug crime is simply so harsh that it offends the conscious," the lawyer said. "We probably ought to save very long sentences for people who need to be removed permanently from society."
Michael Edwards, who was 31 years old, thought his ex-girlfriend wouldn't testify that he sold her $850 worth of cocaine. Before trial, she signed an affidavit saying another man gave her the drugs. Edwards passed up a plea deal of 15 years. A jury found him guilty.
"I do some idiotic things because I'm addicted to cocaine," Edwards told the judge. "If I had a chance, just one chance, last chance of my life ... I bet I could get out and stay straight."
RELATED: Fort Myers man's family willing to take drug case to Supreme Court
It was 1994 and "Just Say No" was still on the lips of guidance counselors. Cocaine was a public enemy. Edwards' record, smeared with convictions, did not inspire sympathy.
Lee County Judge Jay Rosman had heard enough.
"You are one of the more intelligent people that have ever been before me," Rosman said. "You should be before me as an attorney."
"Oftentimes, people stand before me and ask for a chance after committing a number of crimes and often I think it's not the person that needs help, but the community," he said. "I just can't give you another chance."
Sixty years, he ordered.
Edwards recognized his mother crying behind him as a bailiff escorted him away.
Changed man
Some 6,661 days later, when Michael Edwards looks in the plastic mirror in his locker, he sees a 49-year-old man, hair white around the temples, good looks muted by age; a soul locked in regret for choices he made as an addict — snorting cocaine until his heart felt it could explode and arrogant enough to return to the realm of drug sales seven months after leaving prison.
"I don't know sometimes why I chose to make the wrong choices," he says. "I knew I was wrong. I always felt guilty. Why do we do things that are destructive?"
He wants the world to see who he is now: a Christian who has read the Bible cover to cover three times, a father who talks about the stock market with his adult son and a model prisoner with a file full of ideas: a mentoring network for children, jingles for the pool and spa business he hopes to run with his sister, and a product to sell downloadable engine sounds for electric cars.
An unlikely ally, former State Attorney Joseph D'Alessandro, has spoken in court on his behalf.
"He has served way more time than the crime," he said. "I think he has changed."
His office recommended the sentence in 1994. How did it get to 60 years? First, Edwards was punished as a habitual felony offender, with 30-year sentences running back-to-back. D'Alessandro said his office had a low tolerance for criminals who tried to slide.
"I finally convinced the judges and everyone, watch their defense and if you feel, 'Hey, that's a legitimate defense.' That's fine. But if you form the opinion that they're just throwing the dice and they're trying to maybe get a jury to walk them when it's all BS, that's when they'd come down hard on them," he said.
"That's probably what happened to him."
The same month Edwards was sentenced, another Fort Myers man was sent away for 20 years after shooting his son-in-law seven times and killing him outside a bar.
John Pike was freed five years ago.
Wilbur Smith, a veteran Fort Myers defense attorney who represented Pike, called the length of Edwards' sentence extreme and absurd.
"I'd be willing to bet that you can't find another 60-year sentence for drugs in Lee County or even in the state of Florida unless it's for multiple kilos of cocaine."
The state prosecutor on Edwards' case, now Lee County Judge H. Andrew Swett, and Rosman, the circuit's chief judge, declined to comment through a courts spokeswoman, who cited ethical concerns because of Edwards' bid for clemency.
Habit forming
Edwards was the type of kid who cried when he feared his father might shoot a rabbit on a hunting trip. He was also the type of kid who charged friends a dime to play the mini-golf course he erected from construction scraps in his backyard.
His father, an Atlanta doctor, was killed in a car crash when Michael was around age 9. Michael, his older sister, Mimi, and his mother, Alicia, moved to Fort Myers in the early 1970s. At Fort Myers Middle School, Michael tried drugs: marijuana first. Cocaine came later.
He ran with a crowd of privileged teenagers.
His mother, a Southern gentlewoman, marveled at her son's popularity, clueless as to one of its contributors.
"My goodness," said, Alicia Allan, lowering her voice. "I did not know anything about pot."
Mimi saw how her brother could talk their mother out of strict punishment.
"Michael grew up never differentiating between right and wrong," Mimi Edwards-Beach said. "He has a heart and you want to give him another chance."
Alicia remembers grounding him, but there were things her well-mannered son concealed.
After Fort Myers High, Michael enrolled at Edison State College but dropped out after a semester of too much partying. Not long after, he moved to Fort Lauderdale, where he met Colombians tapped into a steady stream of cocaine. Edwards would use and sell to friends and business associates. A kingpin, he claims, he was not.
He had three quick marriages, the second to Chrissy Shunda. After their son Kingsley was born in 1985, Edwards tried to stay clean, sold cars but became ensnared in drugs again. Shunda gave him an ultimatum: cocaine or their family.
She saw him months after their divorce. His green eyes that once shined for life looked hollow.
"His habit was following him around like a black shadow," she said.
Friend turns informant
Eventually, the law caught up. In February 1991, in Broward County, Edwards was arrested on charges of cocaine trafficking, drug possession and battery on law enforcement. He says officers found an ounce of cocaine in his home. He pleaded guilty to the charges, though he maintains he's innocent of battery. In April of the same year, he was picked up again for trafficking, after he said his supplier sold him an ounce of cocaine.
His prison sentence: three years.
Released in March 1993, he headed to Fort Myers. His sister offered up her spare condo for him to live. He began partying with Rene Cianci, a fellow addict he met through a furniture store where their mothers worked. The families did not approve; nothing good could come from the pairing of their demons.
Edwards eventually broke up with Cianci, he recalls. At some point, maybe to save herself, Cianci became an informant to a narcotics task force.
She wore a wire. Edwards made the arrangements.
His last night of freedom was Tuesday, Oct. 12, 1993. Around 10:45 p.m., he pulled his Cadillac into the condo's driveway to see a cadre of officers waiting with handcuffs. His stomach dropped.
Days before Christmas, the year after Edwards was sentenced, Cianci's mother and older sister, Joni Middleton, checked her into recovery in Fort Myers.
The same night she left and headed to the Sheraton Hotel downtown. She drank, and drank more, before taking an elevator to the 24th floor.
She jumped, dead at age 34.
"My sister ended her hell, and Michael is living his," Middleton said.
She has written in support of Edwards' attempts to be free.
Bound by law
The moment inmate Edwards felt he might die, he changed. It was about five years into his sentence and he ingested so much cocaine on this day his heart began to surge. He crumpled to his bed and asked a fellow inmate to push on his chest.
Please forgive me God, he recalls praying.
His legal options were running out. He had filed a flurry of motions. In one, he cited 15 claims, including receiving an unusually harsh sentence for exercising his right to trial and the 14 ways in which his lawyer had failed him.
Motion denied.
Related:Musician wants sentence to be in tune with the crime
So, he focused on recovery, on being a better person. Since October 1999, he has not received a disciplinary action. He has attended Bible studies and more than 20 educational and substance abuse programs. After Edwards earned above satisfactory ratings for behavior, his classification officer wrote a letter recommending his release.
"Inmate Edwards has shown himself to be a peaceful, outgoing, exemplary person who has overcome his drug addiction and is ready to re-enter society as a law-abiding citizen," wrote T. Smith, of South Bay Correctional Facility.
In September 2006, Edwards managed to win a shot at resentencing before Judge Rosman. It was standing room-only in the courtroom. Friends, former top prosecutor D'Alessandro and pastors Edwards had befriended in prison spoke for him.
Then, it was Edwards' turn. He spoke about how he'd matured. When free, he'd attend business classes and church.
"Most important," his voice trailed into silence for half a minute. "It's been so hard ... Most important thing is to share my experiences with teenagers and others and let them know what the deal is with drugs and hope it deters them from being in a situation like me."
It was rare for Assistant State Attorney Cynthia Ross to see so many people, particularly D'Alessandro, at such a hearing.
"Today is probably one of the most uplifting and saddening days to stand in court on behalf of the state," she said. "Uplifting because this individual, Michael Edwards, has a family and a community with enormous support and it would appear has made a difference and changed his life. That doesn't happen often and it is remarkable to see.
"It is saddening because we have a judicial system and a series of laws that do not allow your honor to act with his heart but require him to act with the law."
The court could not change the sentence, she argued.
Sixteen days later, Rosman issued his order:
"Even though the Court is sympathetic to Defendant's plight, the Court remains unconvinced that it has jurisdiction to consider granting the relief."
It was a legal sentence, even if it didn't feel like a fair one.
Dismissed.
Hope and despair
Wedged in sugar cane fields, about 80 miles east of Fort Myers, is South Bay Correctional Facility, where Edwards lives with almost 1,900 other inmates. The barbed wire on the fence around the prison glints like tinsel in the sun.
Two decades in, his mind is outside. He frequently talks with his sister, son, mother and friends. At times, he's the one to offer encouraging words to a loved one, though it's hard for him to understand how his loved ones can be sad when they're free.
Near the porcelain sink in his 8-by-14 foot cell, Edwards keeps a pile of dirty clothes. If he thinks about drugs, he grabs a shirt and a bar of soap and starts to scrub.
"Drugs disgust me. They've destroyed my life," he said, scanning the walls in the visitation room, during a nearly three-hour interview.
A bruise ringed his eye after he says an inmate punched him for taking too long to microwave macaroni and cheese. He didn't fight back, he said, never does. It could harm his chances at clemency.
Edwards is dogged in his pursuit. The first time he tried to seek executive clemency from the board chaired by Gov. Jeb Bush was in 2002. Another request was denied last year after a rule change required inmates to serve a third of their time, though he filed it before the change. The state has found him to be ineligible for clemency until Sept. 2, 2014. He's written the board, asking members to invoke a rule to hear his case earlier.
The governor's office referred questions to the parole commission. Jane Tillman, the commission's communications director, declined to talk about Edwards because she said the case is confidential.
His chances are slim. Five applications to reduce prison sentences were granted in 2010, two in 2009, according to the parole commission. In the past two years, the commission has received almost 1,440 such applications.
Edwards knows this, but continues a campaign of hope. The flip side, despair, is too hard to bear.
He hopes for a chance to be more of a father, brother and son.
His son, Kingsley, now age 27, wants to know a father beyond phone calls.
His sister Mimi feels guilty she can't help more, wonders how she could have saved him from himself.
His mother, who is in her 70s, thinks about how, if his father had lived, her son would never be at home in barbed wire. Worry keeps her up at night.
At times, when she's speaking to her son from her South Fort Myers home, Edwards falls quiet. She imagines him on the other end, holding the receiver near and trying to conceal his tears from other inmates.
"Michael, I'm right here with you," she says to the silence. "I love you and pray every day that I'll get to hug you every day again."
The article below was published April 8, 2014.
Family willing to take drug case to Supreme Court
• The family of a Fort Myers man sentenced to 60 years in 1994 for selling $850 worth of cocaine is trying to raise money to hire a lawyer with the expectation that arguments may stretch to the U.S. Supreme Court.
Michael Edwards, who is now 50, has served nearly 20 years. His release date is 2044.
"This is a major break," said Mimi Edwards-Beach, a Cape Coral resident who is Edwards' older sister.
Christopher Cosden, an attorney with the Wilbur Smith Law Firm and has experience in constitutional law, has asked for $110,000 to take the case.
"It would be a major piece of constitutional litigation," said Cosden, who anticipates the case would require a large amount of work, at least a few years of arguing and some luck to win Edwards' freedom. "There's a chance, absolutely."
In the early 1990s, Edwards sold the cocaine to an ex-girlfriend turned informant. He has said he was a cocaine addict in need of treatment when he was sentenced. Since entering prison, he has been lauded for his good behavior by his former classification officer.
"Inmate Edwards has shown himself to be a peaceful, outgoing, exemplary person who has overcome his drug addiction and is ready to re-enter society as a law-abiding citizen," wrote T. Smith, of South Bay Correctional Facility, in a letter years ago.
To house Edwards to his 2044 release date, it would cost more than a half-million dollars at the current rate of about $17,000 a year.
Edwards has sent pleas to other lawyers without responses. He believes his freedom hinges on Cosden taking the case.
"This is my last hope of getting my sentence reduced via the court," Edwards wrote in a letter to The News-Press.
Edwards has asked Cosden to challenge his sentence based on the Eighth Amendment prohibition against cruel and unusual punishment.
Cosden expected lower courts would deny motions to modify Edwards' sentence because it was within the guidelines set by Florida law. While other states have moved toward reforms to modify extremely long sentences for nonviolent drug crimes, Florida efforts have not gone far.
"The real problem is: how do you challenge a sentence that is lawful and otherwise constitutional?" Cosden said.
If he is unable to have the case heard in the Florida Supreme Court, the next step may be to move arguments to the U.S. Supreme Court.
"A 60-year sentence for a nonviolent drug crime is simply so harsh that it offends the conscious," the lawyer said. "We probably ought to save very long sentences for people who need to be removed permanently from society."
Monday, April 28, 2014
Oklahoma lifts stay on executions as State Supreme Court rules inmates have no right to know source of lethal injection drugs
Oklahoma executions back on, as court rules to keep lethal-drug sources secret
By Eliott C. McLaughlin, CNN
updated 1:49 PM EDT, Thu April 24, 2014
Clayton Lockett, left, and Charles Warner are scheduled to be executed next week in McAlester, Oklahoma.
(CNN) -- Clayton Lockett and Charles Warner's executions are back on the schedule for next week after Oklahoma's high court lifted their stays, saying they had no right to know the source of the drugs that will be used to kill them.
The inmates, who are being held at the Oklahoma State Penitentiary in McAlester, where they are slated to be executed by lethal injection Tuesday, had challenged the state's so-called secrecy provision, which forbids disclosing the identities of anyone involved in the execution process or suppliers of any drugs or medical equipment.
Lockett and Warner also challenged the state Department of Corrections' failure to divulge which drugs would be used, but the department disclosed what drugs it intended to use before the high court's decision: midazolam, which causes unconsciousness, along with pancuronium bromide and potassium chloride, which shut down breathing and the heart.
The Oklahoma Supreme Court said the only remaining issue, then, is whether the state's failure to disclose its source for the drugs prevents the prisoners from challenging their executions using the Eighth Amendment's prohibition on cruel and unusual punishment. The court decided it did not.
"This court holds that the secrecy provision ... does not violate the inmates' constitutional right of access to the courts," the Wednesday ruling said.
Attorney Seth Day, who represents both men, called the ruling unacceptable and told CNN affiliate KFOR that there was no way to know if the prisoners' executions "would be carried out in a constitutional and humane manner."
"It's not even known whether the lethal injection drugs to be used were obtained legally, and nothing is known about their source, purity, or efficacy, among other questions," he told the station. "Oklahoma's extreme secrecy surrounding lethal injection undermines our courts and democracy."
Attorney General Scott Pruitt applauded the decision, saying the state had a longstanding precedent of keeping the drug sources secret to avoid "schemes and intimidation used by defense counsel and other anti-death-penalty groups."
"These death row inmates have not contested their guilt for murdering two innocent victims nor have they contested their sentences of death. The legal wrangling of the attorneys for Lockett and Warner has served only to delay their punishment for the heinous crimes they committed," he told KFOR.
Lockett was convicted in 2000 of a bevy of crimes, including first-degree murder, first-degree rape, kidnapping and robbery in a 1999 home invasion and crime spree that left Stephanie Nieman dead and two people injured. In 2003, Warner was convicted for the 1997 first-degree rape and murder of his then-girlfriend's 11-month-old daughter, Adrianna Waller.
The constitutionality of lethal injection drugs and drug cocktails has made headlines since last year, when European manufacturers -- including Denmark-based Lundbeck, which manufactures pentobarbital -- banned U.S. prisons from using their drugs in executions. Thirty-two states were left to find new drug protocols.
"The states are scrambling to find the drugs," Richard Dieter, executive director of the Washington-based Death Penalty Information Center, said in November. "They want to carry out these executions that they have scheduled, but they don't have the drugs and they're changing and trying new procedures never used before in the history of executions."
If Lockett and Warner are executed next week, they would be the 194th and 195th inmates Oklahoma has executed since 1915.
Friday, April 25, 2014
LCSO Plans DUI Checkpoint for this weekend- Please be safe!!
Sobriety Checkpoint Planned
Monday, April 21, 2014
A DUI sobriety checkpoint is scheduled for this weekend, beginning Friday, April 25, 2014. The operation will take place at an undisclosed location in Lee County as the Sheriff's Office continues its commitment to getting impaired drivers off our roadways. Checkpoint emphasis is placed on the following:
- Remove impaired drivers from the roadway.
- Reduce the likelihood impaired drivers will operate their vehicles on our roadways.
- Heighten awareness.
- Educate the public on the dangers of drunk driving.
Drunk driving is NOT a victim-less crime. According to the Florida Department of Highway Safety and Motor Vehicles, in 2012, there were 620 alcohol related crashes in Lee County resulting in 21 fatalities. There were 4,951 crashes resulting in injury in Lee County in the same period. Of those, 289 are attributed to alcohol use. Across the State of Florida, 807 lives were lost in 2012 in alcohol suspected crashes.
If you plan to go to a bar, a restaurant, party or event where alcohol will be served, select a designated driver ahead of time. Remember, a designated driver is not the least impaired driver. Also, "Friends Don’t Let Friends Drive Drunk." If you know someone who is about to operate a motor vehicle while impaired, take their keys and help them make other arrangements to get to where they are going safely.
Daily enforcement, sobriety checkpoints and saturation patrols by deputies with the Sheriff's Office are a part of a concerted effort to curb traffic fatalities, injuries and crashes in Lee County. Motorists can help in many ways, too. Promptly report drunk drivers you see to law enforcement. In Lee County we urge you to dial 9-1-1.
Finally, your best defense against an impaired driver is to be sure to wear your safety belt driving or riding in a car, truck or van. When on a motorcycle, wear a helmet and protective gear. Making traffic safety a priority is no accident. Media inquiries are directed to the Public Information Officer prior to the operation at (239) 477-1340 or Sergeant Dennis Petracca at the checkpoint.
Thursday, April 24, 2014
4th Amendment hit hard by Supreme Court in ruling upholding traffic stops based on 911 tips
Supreme Court upholds traffic stop based on 911 tip
22 April 2014 at 11:59 AM ET by Amy Mathieu
[JURIST] The US Supreme Court ruled 5-4 on Tuesday in Navarette v. California that the traffic stop in this particular case was permissible under the Fourth Amendment because the officer had reasonable suspicion that the driver was intoxicated. In 2008 police officers stopped Lorenzo Prado Navarette based on a 911 tip that the driver ran her off the road. The police quickly pulled the driver over and smelled marijuana when approaching the vehicle. The officers found 30 pounds of marijuana in the vehicle and arrested the driver, Navarette, and a passenger. The arrestees moved to suppress the evidence of possession of drugs, arguing that the search violated their Fourth Amendment rights because the officers lacked reasonable suspicion when they pulled Navarette over. In the opinion authored by Justice Clarence Thomas, the majority found that an anonymous tip will not always lead to reasonable suspicion, but in this case, it did. The court held that reasonableness of suspicion is based on the totality of the circumstances, including: content of information possessed by police and reliability of that information. The court found that "under appropriate circumstances, an anonymous tip can demonstrate sufficient indicia of reliability to provide reasonable suspicion to make an investigatory stop." Justice Antonin Scalia wrote a dissent that was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.
The Supreme Court heard oral arguments on the case in January after the Court of Appeals of the State of California, First Appellate District affirmed the magistrate judge's decision to deny the suppression of the evidence. The California Court of Appeals relied on Lowry v. Gutierrez, which found that citizen tips by victims or eyewitnesses are sufficient alone to supply reasonable suspicion, especially in cases of reckless driving or similar threats to public safety. The Supreme Court granted certiorari in October.
The Supreme Court heard oral arguments on the case in January after the Court of Appeals of the State of California, First Appellate District affirmed the magistrate judge's decision to deny the suppression of the evidence. The California Court of Appeals relied on Lowry v. Gutierrez, which found that citizen tips by victims or eyewitnesses are sufficient alone to supply reasonable suspicion, especially in cases of reckless driving or similar threats to public safety. The Supreme Court granted certiorari in October.
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