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Thread: Man Faces 15 Years in Florida For Sex On The Beach

  1. #1
    Elite Member Brah's Avatar
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    Default Man Faces 15 Years in Florida For Sex On The Beach

    Elissa Alvarez, 20, right, and Jose Caballero, 40, listen to witness testimony during their trial for lewd and lascivious exhibition Friday, at the Manatee County Judicial Center in Bradenton. | . PAUL VIDELA Bradenton Herald




    BY KATE IRBY
    Bradenton Herald






    A jury Monday found a couple guilty of having sex on Bradenton Beach after only 15 minutes of deliberation.
    The convictions carry a maximum prison sentence of 15 years.
    Jose Caballero, 40, and Elissa Alvarez, 20, were charged with two counts each of lewd and lascivious behavior for having sex on a public beach on July 20, 2014.
    Video played in the courtroom during the 1- 1/2-day-long trial showed Alvarez moving on top of Caballero in a sexual manner in broad daylight. Witnesses testified that a 3-year-old girl saw them.
    Both Caballero and Alvarez will now have to register as sex offenders.
    A sentencing date was not announced, but Assistant State Attorney Anthony Dafonseca said they will pursue a harsher sentence for Caballero than Alvarez, since Alvarez has no prior record and Caballero has been to prison for almost eight years for a cocaine trafficking conviction.
    The state will ask for jail time for Alvarez and prison time for Caballero. Dafonseca said due to Caballero being out of prison less than three years before committing another felony, he's looking at serving the maximum time of 15 years.
    "We gave them a reasonable offer, what we felt was reasonable, and they decided it wasn't something they wanted to accept responsibility for," Dafonseca said. "Despite the video, despite all the witnesses."
    Ronald Kurpiers, defense attorney for the couple, said his clients were "devastated," by the verdict. Though Dafonseca hinted that they'd be speaking with the judge about whether or not 15 years was appropriate for Caballero, Kurpiers said the judge would have no discretion.
    "That's what he'll get," Kurpiers said.
    Ed Brodsky, elected state attorney for the 16th judicial district, joined Defonseca in prosecuting the case. When asked why the case was an important one to the state attorney, Dafonseca said it was important that the community knew what wouldn't be tolerated on public beaches.
    "We're dealing with basically tourists, that came from Brandon and Riverview and West Virginia, and they're here on the beaches of Manatee County, our public beaches," Dafonseca said, referring to the witnesses. "So you want to make sure that this isn't something that just goes by the wayside. And that it is well known to the community, what will be tolerated and what won't be."
    Family members of the couple defended the two outside the courthouse, saying the crime did not deserve this kind of attention.
    "He's a great person," said Caballero's mother of her son, declining to give her name. "There are other things out there we need to worry about, and they're still loose, people who have done worse stuff."
    "She's an 18-year-old woman, with a 40-year-old man," said Carlos Alvarez of his daughter Elissa Alvarez. "I always say women can be better than men ... but they fall in love, and they make a lot of mistakes."
    Family members who witnessed the act and a Bradenton Beach police officer, as well as Caballero, testified in the case. The defense argued that the two weren't actually having sex, but that Alvarez had been dancing on Caballero or "nudging" him to wake him up.
    "She wasn't dancing," Dafonseca said during closing arguments. "It's insulting your intelligence to say that she was dancing."
    Kurpiers said since the witnesses had not seen genitals or penetration, and neither was visible in the video, either, that saying the two had sex was speculation.
    "You folks cannot speculate," Kurpiers told the jury. "And in order to say they had intercourse, you would have to speculate."
    Brodsky said they weren't calling it the crime of the century, but it was still a violation of Florida law.
    "Did they try to cuddle, or do it discreetly? Did they go in the water, where people couldn't see?" Brodsky asked the jury. "Did Ms. Alvarez try to drape a towel over herself, or anything? They didn't care."

    Read more here: Couple found guilty of having sex on Florida beach | Miami Herald Miami Herald








    Couple found guilty of having sex on Florida beach | Miami Herald Miami Herald

    The "cuddle" part kills me.

  2. #2
    Elite Member qwerty's Avatar
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    FFS. Why are we wasting taxpayers' money and ruining people's lives over this? Slap them with a hefty fine and community service and let's move on.
    czb, holly, A*O and 2 others like this.
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    Super Moderator twitchy2.0's Avatar
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    Being sentenced to 'fifteen years in Florida' seems a bit harsh.

    didn't read the article.
    BITTER, sluce, Ravenna and 3 others like this.

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    Elite Member sluce's Avatar
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    She should be sentenced for her application of eyeliner.
    holly, sputnik, kasippu and 1 others like this.
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    Super Moderator twitchy2.0's Avatar
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    And he for those brows.
    palta, holly and sputnik like this.

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    Elite Member Trixie's Avatar
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    Well, I guess it's too late to tell them to get a room.

    Am I the only one who laughed at "Manatee County"?
    sputnik likes this.
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    Elite Member greysfang's Avatar
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    FFS, that should be one of the higher misdemeanors, but certainly not a felony and having to be on the Registry for consensual sex with another adult is just ridick.
    FUCK YOU AND GIVE ME MY GODDAMN VENTI TWO PUMP LIGHT WHIP MOCHA YOU COCKSUCKING WHORE BEFORE I PUNCH YOU IN THE MOUTH. I just get unpleasant in my car. - Deej

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    Elite Member nwgirl's Avatar
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    This shit is so frustrating to me. There are murderers and rapists who spend less time in prison. The variation in sentences around the country boggles my mind.
    sputnik and holly like this.
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    Elite Member MohandasKGanja's Avatar
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    Quote Originally Posted by greysfang View Post
    FFS, that should be one of the higher misdemeanors, but certainly not a felony and having to be on the Registry for consensual sex with another adult is just ridick.
    It drives me crazy. On one of the news sites someone said that this woman, who at the age of 19 did something really ill advised (not predatory) is now going to have to make sure she doesn't live within a certain distance of a school, etc., as well as check in with the police, every time she moves - for the rest of her life. How the hell is that benefiting society?

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    Elite Member Trixie's Avatar
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    I wonder what the plea deal was that they turned down.
    A*O likes this.
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  11. #11
    Elite Member Brah's Avatar
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    The average jail time for sexual assault is 7 years, he'd have gotten less time if he raped her. It's ridiculous and a nightmare for this couple.

    Edit: Though he's not sentenced yet, but they are pushing for 15 years iirc.

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    Elite Member Beeyotch's Avatar
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    Ronald Kurpiers, defense attorney for the couple, said his clients were "devastated," by the verdict. Though Dafonseca hinted that they'd be speaking with the judge about whether or not 15 years was appropriate for Caballero, Kurpiers said the judge would have no discretion."That's what he'll get," Kurpiers said.
    That judge is everything that's wrong with Florida and why I'm glad I left.

    This super-conservative, close-minded mentality is stupid and pervasive across the power structure in Florida. It's like the 1950's in their heads.

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    Elite Member stef's Avatar
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    ^^ wow. that is sickening and completely disproportionate. a felony? that's crazy. any jail time AT ALL for this sounds crazy to me. pay a fine and that's it.
    Clubber Lang likes this.
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    Elite Member MohandasKGanja's Avatar
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    Quote Originally Posted by Beeyotch View Post
    That judge is everything that's wrong with Florida and why I'm glad I left.

    This super-conservative, close-minded mentality is stupid and pervasive across the power structure in Florida. It's like the 1950's in their heads.
    It sounds, though, like it's not the judge and instead there is some kind of mandatory minimum sentence that kicks in once a person is convicted of a particular offense. You might as well have a robot sitting on the bench.

  15. #15
    Elite Member Beeyotch's Avatar
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    Maybe I read that wrong then. I took it as the judge wouldn't exercise his discretion, but that he could have. Comprehension fail.

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