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This is a good point, no charge for the old lady filming alleged sexual activity in a public place?
originally posted by: boohoo
Here is the crux of it all, per the prosecutor:
"We gave them a reasonable offer, what we felt was reasonable, and they decided it wasn’t something they wanted to accept responsibility for..."
So because they exercised their constitutional right to a trial, the prosecution then deemed that decision, as evidence and cause for aggressive prosecution.
The USA is a Fascist State!
But he served his time and that is over with now but let's not let that matter. Because nobody is allowed a mistake. Even a non violent mistake of transporting Cocaine. Oh no, we must punish those people until they are dead. No forgiveness, not even after they've done their time for the crime.
originally posted by: jrod
I've been following this discussion on a forum based in central Florida. The majority of the posters feel they are getting what they deserved because they did not take the plea deal.
It is a major problem. The ignorant citizens are cheering this one, the prosecutor and judge are claiming victory. Meanwhile many of us are left confused.
This means that if we are ever in a situation where we elect to go to trial, then we can expect the prosecutor and judge to throw the book at us, because we want to use our Constitutional right?
That is not justice! We truly have a kangaroo court system today.
originally posted by: mOjOm
I'm not saying they shouldn't be in trouble as it is against the law. But 15 years??? They would have got less time had they killed that same grandmother.
originally posted by: Dimithae
They should have just killed someone instead,they would have only gotten 7 years.
Does anyone even care that not one witness nor the video taken of this couple showed them actually having sex???
It showed them gyrating with her on top. Nobody could say they saw penetration or genitalia at all. They thought they were having sex and presumed they were, but can't prove they were at all.
Caballero — a personal trainer who was released last year from prison after an eight-year stint for coc aine trafficking — and Alvarez were arrested at the scene.
Florida couple busted after witness records them having sex on beach
The Bradenton Herald reports that a sentencing date was not announced, but Assistant State Attorney Anthony Dafonseca said they will pursue a harsher sentence for Caballero than Alvarez, because Alvarez has no prior record and Caballero has been to prison for almost eight years for a coc aine trafficking conviction.
Jose Caballero & Elissa Alvarez: Florida couple convicted of having sex on beach
Dafonseca said Caballero is he’s looking at serving the maximum time of 15 years after being out of prison less than three years before committing another felony.
Couple found guilty of having sex on Florida beach
Though Dafonseca hinted they’d speak with the judge about whether 15 years was an appropriate sentence for Caballero,
Caballero's defense attorney, Ronald Kurpiers, told The Bradenton Herald his client has a prior criminal record for coc aine-trafficking. Because the charge in this case is a felony crime and occurred less than three years after Caballero's release from prison, the judge will have no choice but to give him the full 15-year prison sentence.
"That's what he'll get," Kurpiers said.
Dafonseca plans to ask for an unspecified jail term for Alvarez, the newspaper reported.
Jose Caballero And Elissa Alvarez Must Register As Sex Offenders After Sex On Crowded Beach
Brodsky, elected state attorney for the 12th judicial district, said his office never said they were seeking the maximum 15-year sentence against either Jose Caballero, 40, or Elissa Alvarez, 20, for having sex on Cortez Beach in July.
"It was never our intention to seek 15 years for either of them," Brodsky said. "That's not a reasonable sentence."
"As outrageous as Mr. Caballero's behavior was, it would be even more outrageous for the state to make him spend 15 years in prison," said Julie Stewart, president and founder of the organization, in a release. "As a parent, I would not want my children to see people having sex on a public beach in the middle of the day. But as a taxpayer, I would be even more offended to waste hundreds of thousands of dollars to punish Mr. Caballero's irresponsible behavior."
Brodsky refuted the claim that he would be seeking the maximum punishment after Families Against Mandatory Minimums, a Washington, D.C.-based interest group that fights mandatory minimum prison sentences, said they called his office on Thursday to urge prosecutors not seek 15 years in prison for Caballero.
Stewart said the state's plea deal offer to Caballero for two and a half years in prison prior to the trial was evidence that they didn't believe he deserved 15 years for the crime. Brodsky confirmed that they had made that plea offer, and that Caballero had chosen to reject it to go to trial.
Kurpiers said he "strongly recommended" that his clients take the plea deal, but ultimately it was their choice to refuse.
His prior arrest should not come into play.
I'm sure the state of Florida just sees this man as 15 years of slave labor for the prison industrial complex. That is what we have in Florida and most of those who have never been arrested are clueless about this and cheer tough on crime laws, 3 strike rules, and other legislation that makes the for PROFIT prison wealthy.
No doubt this couple should have been punished, but when they punishment is excessive and does not fit the crime, many of us lose even more faith in the justice system.
originally posted by: tigertatzen
Well, apparently he didn't learn from his coke trafficking "mistake", since he thought it would be perfectly acceptable to further break the law by boinking his girlfriend on a public beach. 15 years for behaving like a depraved imbecile is ridiculous, but your insinuation that a convicted felon is just some innocent, misunderstood little lamb is right up there on the ridiculousness meter with it. It's not like he "accidentally" got into drug trafficking. It was a choice.
originally posted by: Dimithae
a reply to: LadyGreenEyes
No,that means that no matter what,we are animals.We have our own social groups,and we have our own way of doing things.But we are still mammals. It is a classification. And it is where we fall in. What we do with the brain we are given is another thing. So far we have done a lot of wasting it.