A Sarasota jury convicted Michael King last Friday of capital murder in the death of Denise Amber Lee. The penalty phase is scheduled to begin tomorrow. All parties were in court this morning for a hearing on several motions regarding exactly what evidence and which witnesses will be presented to the jury.

The Tampa Tribune, for some reason, described today’s hearing as an “emergency hearing” pertaining to King’s mental stability, citing the court’s spokesperson. It seems more likely that the penalty phase was scheduled to begin on a Tuesday so that the parties would have time to sort out various motions and objections prior to presenting evidence.

It is our understanding that this morning’s motions related to victim impact statements and expert testimony. Attorneys for both sides had arguments regarding those subjects which needed to be ruled upon before they could commence the penalty phase. One of the topics of expert testimony is expected to be King’s mental health. (more…)

Pasco County sheriff’s detectives made the biggest cocaine bust in county history this week. After a reported 18-month investigation, they found and seized 53 kilograms (over 115 pounds) of cocaine buried under a shed at a home in Dade City. In addition to the packages of cocaine, wrapped packages of cash were also discovered beneath the shed. Those packages contained about $200,000 in cash.

A police dog assisted in the search of the rural Dade City premises. In the same investigation, law enforcement pulled over a nearby tractor-trailer and discovered $2 million in cash.

Arrested at the home were Jorge Castillo-Ramos and Rogelio Zarco-Perez. They were charged with cocaine trafficking and are being held at the Land O’ Lakes Jail. Another man, Audel “Kiko” Arrizon-Lopez, was arrested elsewhere in Dade City in connection with the same case. He faces a charge of conspiracy to traffic cocaine.

Law enforcement says all three defendants are from Mexico and are in the United States illegally. If convicted, they face substantial prison time as well as deportation back to Mexico. If found not guilty, all three are still likely to be deported.

Florida’s Second District Court of Appeal denied a petition from Max Wesley Horn Jr. to declare him immune from prosecution under the “stand your ground” law. Horn of New Port Richey is charged with second-degree murder of Joseph Martell during the 2008 Chasco Fiesta.

Prosecutors say Horn and Martell had several altercations throughout the day during last year’s festival, then argued again that night outside of a bar. Apparently, witnesses said Martell charged at Horn, who then pulled a gun from his waistband and fired six times at Martell, stopping only when it jammed.

Horn’s criminal defense attorneys argue that he was acting in self-defense and should not be prosecuted. They rely on the 2005 Florida law which says people have the right to use force if attacked at home or “any other place where he or she has a right to be.” Even the use of deadly force can be justifiable when someone “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself.” (more…)

Opening statements were given earlier this week in the Tampa capital murder trial of 17-year-old Esteban Rivera. Back on November 30, 2007, Rivera, then 15 years old, was involved in a drive-by shooting in East Tampa.

Rivera has been charged with capital murder in the death of 19-year-old Andre Coachman, who died from a single gunshot to the head. He was shot as he walked down the street with two other men at about 8:30 that night.

Prosecutors intend to call witnesses to testify that Rivera took credit for participating in the shooting.

Prosecutors say that Rivera and a friend, LaBronx Bailey, both fired handguns from the bed of a pickup truck. Apparently, the victim and his companions were believed to be members of another gang which had assaulted Bailey’s cousin in prison. Bailey has also been charged with murder and is awaiting trial. (more…)

A federal judge in Orlando sentenced tax preparer Jean Marie Boursiquot to two and a half years in federal prison for conspiracy to defraud the Internal Revenue Service earlier this month. The case was prosecuted by the U.S. Attorney for the Middle District of Florida, the district that also includes the Tampa Bay area.

Boursiquot pleaded guilty to the charges back in May. In addition to prison time, Boursiquot will also be required to pay $149,456.59 in restitution to the United States government.

According to court documents, Boursiquot a tax preparation company and prepared tax returns for Haitian immigrants. Boursiquot apparently forged his clients’ signatures on the tax returns and had the IRS mail him the refund checks directly. He then forged the clients’ endorsements on the checks and deposited the checks into his business account. He passed along some of the funds due back to his clients but kept a portion for himself. (more…)

Earlier this month in Tampa, Senior U.S. District Judge William J. Castagna sentenced Jose Quinones-Figueroa to 343 months in federal prison for conspiring to distribute heroin, possessing heroin and distributing heroin. Quinones-Figueroa pleaded guilty to the felony drug charges in federal court in Tampa in January 2009.

The charges stemmed from the execution of a search warrant at Quinones-Figueroa’s Tampa home in April 2008. Officers from the federal Drug Enforcement Agency (DEA), Tampa Police Department and Hillsborough County Sheriff’s Officer were involved in the investigation and, according to court documents, found more than 50 grams of heroin in the home.

Quinones-Figueroa’s home was 100 feet from Claywell Elementary School in the Northdale subdivision of Tampa. He was charged with four heroin-related counts and sentenced to 328 months in federal prison on each count. The sentences will run concurrently to one another (or at the same time). (more…)

A Sarasota courtroom is the scene for an intense jury selection this week. Almost 500 potential jurors were called to be examined in the death penalty case against Michael King. King is accused of the kidnapping, rape and murder of Denise Amber Lee nearly two years ago.

In addition to the length of the trial and the amount of local pre-trial publicity, attorneys also have to inquire about each potential juror’s opinions on capital punishment. On the first day of jury selection, more than two dozen potential jurors were dismissed because of what they knew of the case from media reports or their views on the death penalty. Almost 40 potential jurors had health or job reasons for not being able to serve for up to three weeks.

In some ways, the jury for a death penalty case is no different than any other criminal jury. The job is the same – listen impartially to the evidence and determine guilt after deliberation – and yet it is entirely different at the same time. A “death-qualified” jury, if they decide that a defendant is guilty, must then listen to a hearing on the penalty and decide whether or not to recommend that the defendant be executed. (more…)

A federal judge in Tampa sentenced Clearwater real estate agent Klara Horvath to 18 months in federal prison for conspiring to commit mortgage fraud. Horvath pleaded guilty in return for a prosecution agreement to recommend a lower sentence.

Horvath admitted to inflating her reported income on mortgage loan applications, which allowed her to borrow funds to purchase properties that she wouldn’t otherwise be able to afford.

In total, Horvath fraudulently obtained $770,000 in loans for several properties located in Clearwater Beach, Clearwater and Tampa. After she is released from prison, Horvath will serve three years probation and be required to repay the $770,000. (more…)

Luis Gonzales-Ines of Plant City was sentenced to 25 years in prison in a Hillsborough County courtroom last week for a drunk-driving collision which killed a motorcyclist on I-4 in May 2008.

Gonzalez-Ines was convicted by a jury last month of vehicular homicide and several other related charges. A Hillsborough County Circuit Judge handed down the prison sentence to be followed by five years of probation.

The judge apparently took issue with the defendant’s reference to the collison as an “accident”, calling it instead “a fatal decision.” (more…)

In a scenario all too familiar to Tampa Bay area criminal defense attorney Bjorn Brunvand, the U.S. Attorney’s office has announced federal drug charges against four Colombian nationals related to a drug bust at sea. A federal grand jury has indicted Colombians Dean Aureo Bush Amaya, Bryan Borden Elvis Presley, Eduardo Alfonso Torres, and Jose Arle Rojas Becerra with conspiracy and possession of more than five kilograms of cocaine while aboard a vessel subject to the jurisdiction of the U.S.

According to authorities, the British Royal Navy frigate Iron Duke interdicted a “go-fast” boat off the coast of Venezuela on July 17, 2009. A British helicopter was launched from the frigate along with a small boat containing a Miami-based U.S. Coast Guard Law Enforcement Boarding Team.

The government alleges that the defendants began throwing bales of cocaine overboard. They recovered thirty-six bales with than 700 kilograms of cocaine. (more…)