The State Attorney Sidebar V O L U M E SPECIAL POINTS OF INTEREST: A message from the State Attorney Response to questions regarding the Zimmerman case Recent SAO 1 , I S S U E 1 S E P T E M B E R 2 0 1 3 A Message From the State Attorney I would like to introduce you to our newsletter - The State Attorney Sidebar. How compelling for our newsletter to launch around the anniversary of 9/11. Twelve years ago, thousands died at the hands of terrorists. It has also been one year since four Americans tragically died in Benghazi. The State Attorney’s Office is honoring those Americans who lost their lives or were injured. In much the same way as our military fights for our country’s freedom, this office will continually fight for justice. The SAO salutes all who serve in our military, in law enforcement, and in fire & rescue. ~ God Bless. Angela Never Stop Figh ng for Freedom, Never Stop Figh ng for Jus ce! trial victories The Rebuttal Victim shares her experience Featured Prosecutor Back to school safety tips The first in a series of responses to ques ons about the Zimmerman case Many opinions have been voiced since a jury deliberated for 16 hours and rendered a verdict of not guilty in the George Zimmerman trial. Many of those opinions were based on misinformation of fact and law. that while Zimmerman was entitled to use some force to defend himself, he violated the law when he initiated the conflict, then used excessive force which resulted in the death of Trayvon Martin. In “The Rebuttal” we hope to clear up some of the key areas that have been lost in the shadows of this verWhile we fought hard for justice, we certainly respect the dict. jury’s decision. The first issue is why we did not use a Grand Jury. The six jurors deliberated for two days on the evidence and the law. Justifiable use of deadly force is a formidable defense and we knew this was a tough factual case. It was our belief We decided not to use a Grand Jury for the simple reason that a Grand Jury’s work is necessarily done in secret. The standard of a grand jury for charges to issue is probable cause. If the case was taken to the Grand Jury and an indictment was returned, the criticism would have been the State Attorney’s Office can indict a “ham sandwich.” Filing charges via an information is the primary method by which we file our criminal cases. The Zimmerman case was already a matter of great public interest. The charge against Zimmerman was then subject to the scrutiny of the law, rules of criminal procedure, rules of evidence, and the many protections afforded to every defendant. VOLUME 1, ISSUE 1 PAGE 2 Justice Promised, Justice Delivered A jury unanimously (12-0) recommended the death penalty for Leo L. Kaczmar. He was convicted of Murder, First Degree Arson and Attempted Sexual Battery. ~ASA James Colaw. Bobby L. Bigham was convicted of Trafficking in Morphine, Opium, Oxycodone, Heroin and Hydrocodone. ~ASAs Rebecca Emert and Chris Bracken. Randall D. Ratledge was found guilty on six counts of Aggravated Assault. ~ASAs Brittany Mauerberger and Peter Overstreet. Noni J. Stinson was found guilty of Manslaughter in the death of her husband, Solomon Stinson. ~ASAs John Guy and London Kite. John F. Hagans was convicted Troy K. Curry-Pennamon was of Sexual Battery on a minor. ~ASAs Alan Mizrahi and Theresa Simak. sentenced to 25 years in FSP . He was convicted of Attempted Second Degree Murder and Carrying a Concealed Firearm. ~ASA Jessica Klingensmith. Maria E. Bratton was convicted of Second Degree Murder of Cecil Scroggie. ~ASAs Alexis Sykes and John Kalinowski. Floyd T. Rupp was convicted of Sexual Battery and Lewd or Lascivious Molestation of a minor. ~ASAs Adair Rommel and Jessica Narducci. Jamie B. Spivey was convicted of Sexual Battery. ~ASAs Terence Martin and Sandra Rosendale. Co-defendants Terrence Anthony L. Bryant was found Paris II and Kendrick M. Jackson were both found guilty of Armed Burglary with Assault and Possession of a Firearm by a Convicted Felon. ~ASAs Janeen Mira and London Kite. guilty of Armed Burglary with Assault or Battery. ~ASAs Mike Kirkland and Katie Deal. Taliaferro R. Wilson was convicted of Sale, Manufacture or Delivery of Cocaine within 1,000 feet of a Church. ~ASA Janeen Mira. W. Rahim R. Allah was convicted of Armed Robbery, Resisting without Violence and PFCF. ~ASA Garrett Hill. Hearings and Cheerings Congratulations to Clay County Deputy Director, James Colaw, for his appointment to Circuit Court Judge in the Eighth Judicial Circuit. The Eighth Judicial Circuit covers Alachua, Baker, Bradford, Gilchrist, Levy and Union counties. Colaw has served as the Deputy Director of the Clay County State Attorney’s Office since 2009. Governor Rick Scott said, “Jim Colaw’s extensive experience serving the citizens of North Florida with distinction will be a great asset in his new position on the Eighth Judicial Circuit Court. I am confident that he will be a great asset on our bench and will continue doing good work for all Floridians.” State Attorney Angela Corey and James Colaw Special Acknowledgement Opportunity PAGE 3 University,graduatingin Mayof2010. InAugust2010,Garrett washiredasaLegal Trainee.Hewasswornin asanAssistantStateAttorneyinSeptember2010 andwasassignedtoCountyCourt.InJuly2011,Gar- Charles“Garrett”Hillhas beenapartoftheSAOfor threeyears. HeearnedhisB.S.degreeinCriminalJustice fromFaulknerUniversity, wherehegraduatedas Salutatorianin2007.Garrettthenattendedlaw schoolatFloridaState Assistant State A orney Garre Hill “Lysa saw just how important the role of a victim advocate was and knew that she wanted to be able to do the same for others.” rettwaspromotedtoCircuitCourt,DivisionCR-B andthentransferredto RepeatOffenderCourt ROC inOctober2012. GarrettwasrecentlypromotedtotheHomicide/ MajorCrimesDivisionon August19,2013. Victim’s Voice One of the duties of the State Attorney’s Office is to provide support for those who have been a victim of a crime. was sentenced to death. newest victim advocate for the Justice Coalition. Not long after, Lysa suffered Lysa’s story is truly inspiring. She another major loss when her managed to take all the negative husband, Dana, passed away. things she had endured and use In 2009, Lysa Telzer became a Once again, Sabrina was there them in a positive way that allowed victim when she discovered her to offer her support and guidher to help others; just as Sabrina mother-in-law, Renie Telzerance. Lysa saw just how imhad helped her. It goes to show Bain, had been brutally murportant the role of a victim dered. This horrific event deeply advocate was and knew that she you that good things are always possible, even in the most difficult affected her and her family; espe- wanted to be able to do the circumstances. cially her husband, Dana. Lysa same for others. She began became the support system that volunteering for the Justice her family needed, even though Coalition, but never felt it was she was struggling to cope with enough. Then, a victim advothe loss herself. Then, Victim cate position became available Advocate Sabrina Gouch after Sabrina announced that stepped in and offered support she would be moving to take to Lysa and her husband through care of a family member. that difficult time. Sabrina stood Without hesitation, Lysa endby their side throughout the ed her career in property entire trial and was pre- management and seized the sent when Renie’s killer opportunity to become the Lysa Telzer with her mother‐in‐law Renie Telzer‐Bain and husband Dana ASA Aaron Feuer Off The Record Assistant State A or‐ ney Aaron Feuer rep‐ resented the SAO in the Woody’s BBQ rib ea ng contest to ben‐ efit the First Coast Child Protec on Team (CPT). Feuer downed 17 ribs in 5 minutes and de‐ feated more than 20 oth‐ er contestants; ul mately being crowned contest champion. This event helped raise thousands of dol‐ lars for the CPT, who work with abused and neglected children in our community. PAGE 4 Safety Zone Safety Tips From Your SAO Inves gators Be sure that your child knows his or her home number, address, your work/cell phone number, the number of a trusted adult and how to call 911 in case of an emergency. Walk the route with your child beforehand. Tell him or her to stay away from parks, vacant lots, fields and other places where people are not around. Plan a walking route to school or the bus stop. Choose the direct way with the fewest street crossings and, if possible, with intersec ons that have crossing guards. Teach your children to arrive at the bus stop early. Stay out of the street, wait for the bus to come to a complete stop before approaching the street, watch for cars and avoid the driver’s blind spot. Teach your kids to obey all traffic signals, signs and officers while walking, biking or riding the bus to school. “Stranger Danger” ‐ Make sure your child knows to NEVER approach a motor vehicle for any reason; no ma er how kind the individual seems. If this happens, teach them to yell “this is not my mom” or “this is not my dad” while running away. www.sao4th.com Setting the Record Straight Recently, the local newspaper posted an article about the sentencing of Bianella Susana. She is the mother of two-yearold David Galarriaga, who was murdered by his big brother, Cristian Fernandez. In a news conference following the sentencing, Assistant State Attorney Mark Caliel was interviewed. The paper misquoted ASA Mark Caliel twice in the article about Susana’s sentencing. The original publication reported that Mr. Caliel said, “We hope Ms. Susana takes advantage of this situation. But we don’t think she deserved it.” What Mr. Caliel actually said was, “We hope that Ms. Susana takes advantage of this huge opportunity the judge gave her because, quite frankly, I don’t think she was deserving of that opportunity.” In another portion of the article, the newspaper quoted Mr. Caliel saying, “I think the people who said we overcharged are ignorant and uninformed.” Once again, this was incorrect. Mr. Caliel said [in reference to those who believe Susana was overcharged], “I think those people are uneducated and uninformed, when it comes to Florida law and what the facts and circumstances of this case are.” VictimDavidGalarriaga