March 2010 Archives

March 30, 2010

Tampa Criminal Attorney Comments on Arrest of Florida Man after Discovery of Graphic Sex Images with Children

A man who was confronted by his victim during a robbery attempt was arrested after his cell phone memory card left at the scene of the robbery showed graphic video and pictures of the man with children.  The man, Edgar Giovanni Castillo, was arrested for offenses involving sex acts with children because of his mistake at a subsequent crime.  Castillo attempted to rob a woman who struggled with him during the robbery attempt.  The man unwittingly dropped his cell phone memory card during the struggle with the woman.  After the robbery attempt, the woman discovered the memory card and put it in her phone but was shocked at what she saw.  The memory card contained explicit video and pictures of Castillo with children.  "The photos were so explicit we can't even reveal the details," said A Police spokesman Kenia Reyes.

Upon discovering the content of the memory card, the woman contacted police to notify them that she had evidence that Castillo was a child sex offender.  The woman cooperated with the police and the U.S. Secret Service to help authorities find Castillo and arrest him.  The authorities hailed the woman for coming forward and indicated she played an instrumental role in helping authorities locate and arrest Castillo.

Florida law makes all lewd or lascivious (sexual) touching of a minor child a crime.  "Depending on the age of the child and the nature of the unlawful touching, such conduct can be punishable by life imprisonment," said Tampa criminal lawyer John Musca.  It does not matter if the person accused of lewd or lascivious conduct toward a child believed the child was of legal age.  Under Florida criminal law, it also does not matter that the victim consented or had engaged in previous acts that exhibited a lack of chastity, explained Musca.  Even being accused of sex crimes against a child can have devastating consequences including a significant term in state prison and permanent damage to one's reputation and standing in the community.  If a person has been accused of a sex crime particularly where the alleged victim is a child, the individual should seek legal advice as soon as possible.  An unfounded charge of such a crime can have a huge impact on someone's life even without a conviction.

Musca Law provides the highest quality criminal litigation services to the residents of Tampa and its surrounding area.  Our Tampa Criminal Defense Attorneys have successfully tried and defended, and appealed hundreds of cases in both State and Federal courts throughout Florida.  These cases include, but are not limited to, felony cases and misdemeanor case, DUI, drug crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle crimes.

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March 25, 2010

Tampa Criminal Attorney Comments Published Poet Hides Body in Closet in Bizarre Crime

Sabrina Stevenson a published poet was arrested and charged with first-degree murder in the brutal killing of her boyfriend James Milliken. Stevenson was featured in a local newspaper article about her recovery from alcohol and drugs in 2005, but neighbors indicated that since that time Stevenson had succumbed to her addictions. Stevenson is being held without bail after the brutal stabbing of her boyfriend in the Tampa area.

Stevenson allegedly sliced her boyfriend's throat from ear to ear with a butcher knife.  After Stevenson killed her boyfriend she hid him in the bedroom closet for days according to Lakeland police.  Authorities say that once the odor from the body became noticeable Stevenson wrapped the body in a canvas tarp and bedspread and covered it in baby powder. 

Stevenson had told neighbors a number of stories in an apparent attempt to cover-up the crime.  She told neighbors that her boyfriend had gone away on a trip to pick fruit.  She also claimed that Milliken had been vomiting blood and that the blood had soaked into her carpet and living room sofa.  Stevenson used bleach in an attempt to remove the bloodstains from the carpet and used a sheet to hide the bloodstains on the couch.  Stevenson also mopped Milliken's blood from the tile floor in an attempt to conceal the crime.

Eventually, Stevenson could no longer keep the body in her apartment, presumably due to the smell, so she disposed of the body in a trash bin behind their apartment.  She subsequently relocated the body further from the Lakeland apartment placing it in bushes under branches and moss.  The police were alerted to the crime when a neighbor from the apartment called them regarding suspicious items found in an area dumpster.  A search turned up the body 6 days after the killing.  The autopsy indicated that the throat wound was several inches deep and that Milliken "suffered numerous puncture wounds and abrasions about his head and face from numerous weapons, to include a socket driver and a large drill battery."

Stevenson made a statement and told police that the attack followed a heated argument.  Stevenson said she used a large butcher knife to slice Milliken's throat and other weapons to stab him.  She told Lakeland police that "she just snapped."  A person who is accused of a homicide faces very serious consequences including the possibility of a life sentence or even the death penalty depending on the circumstance case according to Tampa criminal lawyer John Musca.  "If arrested for a homicide, a person should consult an experienced Tampa criminal attorney immediately," said Musca.

Musca Law has over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Tampa criminal defense attorneys will aggressively defend your rights on the State and Federal level.  The prosecution is looking to punish you to the fullest extent of the law.  You need a knowledgeable attorney to watch for you.  Contact the Tampa criminal lawyers at Musca Law for a free, comprehensive review of your case.

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March 24, 2010

Woman Who Claimed Boyfriend Would Kill Her Has Been Found Dead

Craig Wall has been charged with first-degree murder in the stabbing of his girlfriend who had previously requested a restraining order against Waller.  Laura Taft, a resident of the Tampa suburb of Clearwater, was found stabbed to death just days after the suspicious death of her 5 year-old-son while he was in the care of Wall.  Wall's arrest for the death of Taft comes shortly after Wall was released on $1000 bail for violating a temporary domestic violence restraining order filed by Taft.  The affidavit Taft filed in support of the domestic violence restraining order included a request that Wall be held without bail because he was a suspect in the death of Taft's son.

Wall was released from jail two years ago after being sentenced in 1994 for a conviction in which he threatened an elderly couple with a long-barreled handgun.  He told the couple he was going to take their Ford Taurus parked in front of their home.  Wall became a suspect in the death of Taft's son within hours of the boy being flown by helicopter to All Children's Hospital.  Wall was the only adult with the child on the day the child was fatally injured.  A CT scan that was taken at the hospital indicated that the boy had swelling on the left side of the brain.  A physician at the hospital who examined the boy suspected the head injuries were caused by being shaken or thrown.

Court documents relating to the restraining order indicate that Wall said that he "was sorry that he did something to the baby" after the incident.  Taft showed the videotape to a Clearwater police officer.  Taft was subsequently granted the injunction two days after the boy was taken off of life support.  When Wall drove to the church to attend the boy's funeral, Wall was arrested in the church parking lot.  Police officials say Wall had not been arrested or charged in the boy's death because the investigation was not complete.  Elizabeth Watts, Clearwater's public safety spokesman indicated it would have been premature to arrest Wall before the medical examiner reached an official ruling that the boy's death was a homicide.  A preliminary examination showed the boy suffered broken ribs and brain trauma but forensics tests on the boy's eyes and brain were not complete.

Police and prosecutors take domestic violence charges very seriously especially where the victim suffers serious injuries or death.  "A domestic violence conviction can lead to significant jail or prison time and permanent damage to one's reputation and standing in the community," said Tampa criminal defense attorney John Musca.  If you are under investigation or have been arrested for domestic violence, it is imperative that you consult a qualified criminal lawyer.

Domestic violence is a damaging crime to have on your criminal record because of the stigma that comes with it.

Members of your community, current and future employers, family, where you may find that you are defending yourself outside of the courtroom,  who may not know all of the facts.  Instead they will simply be informed of the charge of domestic violence or a conviction, and stereotype you as an abuser.  That is why the Tampa criminal defense lawyers at Musca Law will diligently work on your case in order to minimize the damage and work towards the best possible outcome.  If you have been charged with domestic violence, call Musca Law immediately for a free consultation and to guide you in the direction that you need to be in.

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March 23, 2010

Tampa Criminal Defense Attorney Musca Comments on Prosecution of Westside Gang

The Tampa authorities are coming to the conclusion relative to the criminal prosecutions that followed the arrest of 10 alleged members of the Westside Gang.  Seven of those arrested have already been convicted of racketeering-related charges under Florida criminal law.  The last three defendants are set for trial on June 14.   The 10 alleged gang members who were arrested are all repeat offenders and have been charged with 108 felonies and 69 misdemeanors.  The Westside Gang allegedly preyed primarily on migrant workers, women and the elderly.

Three gang members were convicted in January following a three-week trial.  Two of the defendants in the case were sentenced to 20 years and 12 years respectively.  The third defendant's sentencing was delayed as he agreed to cooperate and testify against the three defendants that are set to stand trial in June.  The convictions represent a new approach to prosecution of gang members in the Tampa area.  "I believe this may be the first time that gang members have been successfully prosecuted during a jury trial on racketeering charges," said one of the statewide prosecutors involved in the cases.

The criminal defense lawyers denied that their clients were part of a criminal organization during last month's trial.  The criminal defense lawyers contended that "Westside" is a term poor blacks use to refer to people who lived on the west side of one of Plant City's railroad tracks.  Over 120 items of evidence and more than 60 witnesses testified at the trial.  " A case involving racketeering charges is very involved and requires a great deal of investigation and the documentation of an enormous amount of evidence," said the prosecutor.

Prosecutors are increasingly finding new ways to prosecute cases under Florida criminal law against those alleged to be gang members, explained Tampa criminal lawyer John Musca.  "Prosecutors are increasingly relying on racketeering allegations against those alleged to be gang member," said Musca.  "Whether the accused is actually a member of a gang is a critical issue in these cases.  The prosecution's ability to establish that the accused is part of a gang, which is characterized as a criminal enterprise, can make the case difficult and lead to sentence enhancements."

If you have been arrested or are facing criminal allegations, you face a number of important decisions. The most critical one is choosing who will represent you in the legal system.

It is important to be proactive in building your defense. A conviction will likely change your life. But with high quality legal representation on your side, it is possible to put these charges behind you for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Tampa Criminal Defense Attorney at Musca Law today, to speak with an experienced attorney.  We offer a free initial consultation and Spanish language translations services.

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March 22, 2010

Criminal Defense Attorney Musca on Tampa Man Convicted of Fraud in Ponzi and Affinity-Fraud Scheme

arrested.jpgMichael J. Muzio has been convicted in connection with a Ponzi and affinity-fraud scheme to six counts of securities fraud, two counts of substantive wire fraud, two counts of lying to the SEC and the FBI and one count of conspiring to commit wire fraud.  Muzio was implicated in a pump and dump scheme linked to the Home Pals Investment Club. 

Ronnie Eugene Bass Jr., Abner Alabre and Brian J. Talieri had previously been convicted in the scheme of targeting Haitian-Americans.  The scheme is believed to have involved $14.3 million in investments.
Alabre and Taglieri pled guilty to criminal charges in October.  SEC authorities accused Bass and Alabre of deceiving investors by indicating that Taglieri was there attorney though Taglieri is not an attorney.

Muzio was implicated in the scheme of defrauding investors by manipulating the stock price of International Business Ventures Group (IBVG).  Muzio fooled investors into believing there existed an active market for the stock by engaging in wash transactions in which he entered buy orders through one brokerage he controlled and sell orders through another brokerage he controlled.  The coordinated stock purchases and sales artificially inflated the price per share.  Muzio faces decades in federal prison if convicted.

IBVG was a Florida shell company "with no assets and virtually no business activities," according to prosecutors.  IBVG claimed to operate in Palm Beach Gardens.  Palm Beach has been the focus of a number of financial schemes recently.  U.S. Attorney General Eric Holder recently characterized Palm Beach as "ground zero" for financial fraud.

Tampa criminal defense attorney John Musca explained that those accused of white-collar crimes have recently become scapegoats for a weak economy.  "The media has helped perpetuate a sentiment that chief executives and financiers are crooks.  Our economic troubles have made things worse leading to increased prosecutions for white collar crime and harsher sentences for white collar defendants."  Because alleged white-collar crimes often involve complex financial transactions that involve a massive volume of documents, an experienced white-collar criminal attorney is essential, said Musca.

Musca Law provides the highest quality criminal litigation services to the residents of Tampa.  Our Tampa Criminal Defense Attorneys have successfully tried and defended, and appealed hundreds of cases in both State and Federal courts throughout Florida.  These cases include, but are not limited to, felony cases and misdemeanor cases, DUI, drug crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle crimes.

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March 11, 2010

Tampa Criminal Attorney on Arrest of Man for Possessing Child Pornography

Police arrested a 46-year-old man on multiple child pornography possession charges.  Clearwater police arrested Joseph Ciancio at his home on Pines Drive in Largo around 10:30 a.m.  He was charged with 20 counts of possessing child pornography following an investigation by the Child Predator Cyber Crime Unit.  Ciancio's video files included files that mention "toddler," "incest," and "bestiality."  Ciancio is being held in lieu of $400,000 bond.

Court records indicate this is not the first time Ciancio has faced charges related to children.  He was arrested on a child abuse charge in 1996.  The 1996 charge was later dropped.  Ciancio was also ordered to take parenting and anger management classes after he pled no contest to charges of battery and child abuse after a 1996 arrest.  Criminal defense attorney John Musca said, "A defendant facing child pornography charges faces very serious penalties even beyond prison.  The stigma associated with such charges means it is very important to have the best legal representation possible to assist you."

According to recent studies, child pornography has become a multi-billion dollar industry.  It is estimated that 20% all pornography is made up of child pornography.  The United States Department of Justice has released estimates that pornographers have recorded the abuse of more than one million children in the U.S. alone.  A recent study of men arrested for possession of child pornography shows that 83% had images of pre-pubescent children and 80% had images depicting graphic penetration.  Additionally, 1 in 5 people arrested for possession of child pornography was found to have images of violence including rape, bondage and torture.

Criminal charges for sexual assault, rape, and other sexual offenses can destroy your reputation and most importantly your future.  When charged with a criminal offense it is essential to have an experienced attorney on your side who will advocate aggressively for your rights.  At Musca Law, we believe that anyone accused of a crime deserves the strongest and most effective defense possible.  Contact Musca Law for an initial consultation, so we can provide you with the best possible outcome.

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March 2, 2010

Attorney Musca on Possibility Dementia Turned Law Abiding Grandfather into a Bank Robber

Friends and family of James Bruce are trying to come to term with why a 73-year-old law abiding grandfather suddenly robs three South Tampa Banks.  Bruce walked into Bank of America on January 15 and slipped the teller a note demanding $600.  Tampa sheriff's deputies said that Bruce struck again in an identical fashion on February 1 at a SunTrust Bank and February 10 at another Bank of America.  During the first two robberies, Bruce left the bank on foot; the third he drove his old pickup.  Those who know Bruce point out he did not attempt to disguise himself or use a gun and asked for only a small sum of money.  The demand notes did not characterize his actions as a robbery and indicated that he intended to pay the money back.

An expert speculated on the cased based on the reports.  "Why only $600 if you're going to rob a bank?  Why not $60,000?" said psychiatrist Daniel Amen, who operates brain clinics across the country.  Amen said that Bruce's behavior is consistent with a condition called frontotemporal dementia.  Amen explained that the condition impairs the area of the brain responsible for planning and impulse control.  "Everyone has fantasies, but those with dementia are more likely to carry them out," said Amen.

Those who knew Bruce indicated he had started acting differently lately.  His family said they were concerned about him because he seemed to be having a hard time remembering things.  Tampa Detective Melinda Reuis disagreed saying that in the 90 minutes they spoke he showed no signs of memory problems.  "He's not losing his mind," said Reuis.  "For a 73-year-old-man, he's pretty with it."

Family members and friends also said he had started asking for small amounts of money from friends -- $10 here and $20 there - even after the bank robberies.  "I have known him for years," said Delia Urrutia, one such friend. "He never, ever, ever before asked for money.

Michael Lopez, who manages a plant shop next to Bruce's business, who had a chance to view the banks' surveillance video does not believe that Bruce was operating at full mental capacity.  Defense attorney John Musca commented that given the surveillance video and other circumstances of the case Bruce's mental capacity might be an important part of his defense.

 


Musca Law has over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Tampa criminal defense Attorneys will aggressively defend your rights on the State and Federal level.  The prosecution is looking to punish you to the fullest extent of the law.  You need a knowledgeable attorney to watch out for you.  Contact the Tampa criminal lawyers at Musca Law for a free, comprehensive review of your case.

 

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