Florida Child Injury Lawyer Blog

In Duval County, Florida, a criminal sentence was issued to Robert Allan Cowan. Mr. Cowan, age 50, was sentenced to a prison term of 140 years. Yes, that's correct, a 140 year prison term. Mr Cowan was convicted in Federal Court of having child pornography on his computer and some of the photos including those that Cowan took of a 4 year old child. The Florida Times Union reported that authorities found hundreds of photos and images of child pornography on his computer. There were even videos of children being raped. There are other charges pending against Cowan.

While the acts of Cowan are heinous enough on their own, they are even worse in light of the fact that Cowan previously worked as a Duval County School District guidance counsel and as a Nassau County School District principal. It is clear that Cowan is a person that should not have been allowed near children yet he chose a career in which he was surrounded by children on a daily basis. See Prison Term Issued to Former Guidance Counsel and Principal.

It is most unfortunate when a child is abused, neglected, or otherwise injured by the fault or negligence of another person or institution. In Florida, children have rights that should be enforced when these incidents take place. In some instances, there is a criminal prosecution. In some instances, there is a civil lawsuit filed. Sometimes both. When a child suffers a personal injury, there are often times many issues and challenges facing the injured child and the parents. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. You can receive a free book at The ABCs of Child Injury.

In Orange County, Florida, a terrible crime was reported. Orange County Deputy Sheriff's reported that a 9 year old girl was raped by a 64 year old man at his Pine Hills apartment. The girl's family reported the rape to the sheriff's office who then proceeded to investigate the incident. The police report stated that the man (Maurice Smith) offered fruit to the girl and then invited the girl to his apartment. According to police, Mr. Smith admitted to the incident and to knowing the girl's age. Mr. Smith was charged with sexual battery and kidnapping charges. Mr. Smith will be entitled to be represented by a Florida criminal defense attorney or a Florida Assistant Public Defender.

The assault and attack on a little girl is certainly a heinous act that can and does result in serious criminal penalties and sentences. See Rape of 9 Year Old Girl Reported at Pine Hills Apartment Complex.

Many incidents of sexual assault and battery on a child go unreported. In the above case, the girl told her brother who then told his parents. Unfortunately, there are many people out there who prey on and victimize children.

Howard Scott Kalin of Baltimore County, Maryland was arrested on charges of seeking sex from a minor. Kalin, an attorney and balloon magician was arrested outside of Orlando in Lake County Florida for attempting to solicit sex from a 14 year old child via the internet. According the the Lake County Sheriff's cybercrime division, the 47 year old man was attempting to make contact with a 14 year old male, but instead was in contact with a member of the sheriffs department posing as a minor. Kalin signed a plea agreement and could face up to 10 years in prison.

Children who have access to computers should be educated by their parents regarding cyber-saftey. Parents should monitor and be aware of how and when their children use the internet. Cybercrimes against children are on the rise. For more information on Magician Agrees to Criminal Plea Agreement in Lake County, Florida.

Unfortunately and tragically, not all child molesters and abusers are caught in an attempt to solicit or have sex with a child. The Internet is just another venue that child molesters and abusers are using to attempt to lure children into danger and abuse.

A 19-year-old Seminole County, Florida resident pled guilty to two counts of lewd and lascivious molestation of a child under the age of 12. According to reports, the 19-year-old, Matthew Neary, was sentenced six years in prison followed by two years of house-arrest and will be required to be registered as a sexual offender for the following twenty years. Neary, who has been diagnosed from Asperger's Syndrome and attention-deficit hyperactivity disorder (ADHD), was said to have lured two young girls into his parents' storage shed where he began to touch them inappropriately. Neary was arrested in September 2010 after the mother of one of the girls noticed Neary sitting next to her daughter, whose panties were around her ankles. The circuit judge presiding over the case, Marlene Alva, will impose sentencing in October 2011 after Neary undergoes a psychological evaluation and a separate investigation by the Florida Department of Corrections.

Neary is currently living with his parents in Culuota after being released on $50,000 bail. As part of his release, Judge Alva has ordered Neary to stay away from the children's school, school bus stop, and on Sunday the church that all three attended. Neary should consider himself very lucky with the sentence that he received. Along with being denied bail, he could have been sentenced to life in prison because the victims were so young – 6 to 8 years old.

People who suffer from Asperger's Syndrome have a variety of developmental disabilities that can vary widely. They include having difficulty interacting with others, forming friendships, moving clumsily and engaging in repetitive motions, such has hand wringing.

For more on this story, see 19-year-old agrees to six years in prison for child-sex abuse.

In July 2011, Dennis Brian Devlin was sentenced to a minimum of 15 years in Federal Prison for forcing a 13-year-old boy to participate in child pornography at the local Desert Inn Hotel in Daytona, FL. Devlin, a 57-year-old man, was working as the hotel manager of the Desert Inn in February when local authorities raided the hotel and found images of the child along with other evidence. Police report that Devlin was working with another man, 21-year-old Michael Ehmen, to lure the 13-year-old back to the hotel to perform the illicit acts. Ehmen pled guilty to the same charges as Devlin and was sentenced to 7 years in Federal Prison. U.S. District Court Judge John Antoon II also sentenced Ehmen to 15 months of house arrest, 20 years of probation and $6,000 in restitution to the victim.

The abuse, neglect, and exploitation of a child constitute reprehensible acts and should be punished to the full extent of the law. Tragically, many such acts in Florida and other States are under the radar of law enforcement and leave the victim to the whims of the sexual offender / predator. In some cases, the criminal is caught and punished so that the community is free of just one more predator/sex offender during the prison term.

To read more about this story, see Hotel Manager pleads guilty.

Police arrested a deaf and mute teenager for allegedly molesting a three-year-old boy in Deland, Florida. The report accused the 13-year-old boy of performing a sexual act on a younger child. According to the report, the seven-year-old cousin saw her 13-year-old boy engaged in inappropriate sexual conduct with a three-year-old boy in a bedroom. The police said that the cousin left the room and did not initially report the incident. Later the cousin found the 13-year-old touching the younger boy in the bathroom, and then she told an adult, said police.

Every parent fears what could happen to their child when they are out of their sight. After all, children go to school, extra-curricular actives, the mall, parties, etc., so parents cannot be with them every minute of the day. But, parents can protect their children from sexual abuse by instilling strong family values, encourages open and honest communication and following a few basic safety rules.

Law enforcement provides these few basic safety rules for parents and their children:

• Children will ask their parents for permission before they go anywhere. The children should tell their parents where they are going, who they are going with and what time they will be back.
• Children should not accept gifts or money from strangers.
• Children should never get in a car with anyone (even if it someone they know), unless their parents give permission.
• Children should never play alone and always use a buddy system.

For more information on this topic, see Deaf/mute teen charged with molesting boy, 3.

Last week a man tried to snatch a child at a Volusia County daycare center. The perpetrator was Gustavo Dominguez, 26, of Deltona. He was charged with kidnapping and was booked into the Volusia Country Branch Jail on $10,000 bail.

According to Dennis Mulder, a former mayor and the daycare center’s director, Dominguez jumped the daycare’s fence and approached the nearest child. He said the suspect picked up a 5-year-old girl and started talking nonsensically. According to the Volusia County Sheriff’s Office, Dominguez repeatedly said “I’m the one,” and talked about how he wanted to take the girl to paradise. A female employee quickly snatched the child and yelled for help, and Dominguez fled.

It was reported that deputies had the man in custody within 10 minutes of the call. The Sheriff’s Office said that the five-year-old girl was not harmed and said did not know Dominguez. According to jail records, Dominguez had been arrested seven times since 2001. He also was Baker Acted on at least three occasions.

Child abduction is a parent’s worst nightmare and the scary reality is that it can happen anywhere, including a Florida day care center. Jacksonville parents/ all parents should inspect prospective day care centers to make sure it is properly secured to keep out strangers before trusting a day care center with their child’s safety. For more information on this topic, see man who jumped day-care fence, tried to grab child caught, deputies say.

Central Florida detention deputy Robin Leigh Pagoria, 45, was accused of disrobing and restraining two young girls while she spanked and videotaped them. According to the report, the girls were between the ages of 10 and 18. The Polk County Sheriff’s Office said that Pagoria posted the videos online for her boyfriend to download. On Thursday she was charged with child abuse and producing child pornography. Pagoria resigned on Thursday; she had been a deputy for six years. Pagoria will be entitled to legal representation from a Florida criminal defense attorney or the services of the public defender's office. It would appear from the news report that there is evidence against Ms. Pagoria but the court proceedings will determine the extent of admissible evidence and what elements of the alleged crimes can be proved and are proved.

Under federal law, child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

-the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or

-the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or

-the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

It is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography. In Florida, it is a third degree felony under Florida Statutes 847.0135, 847.0138 and 827.071. All other states in the U.S. and the District of Columbia also have laws that criminalize the possession, manufacture, and distribution of child pornography. As a result, a person who violates these laws may face federal and/or state charges.

For more information on this topic, see Florida Deputy Accused of Videotaping Girls While She Spanked Them.

Child abduction prevention starts with knowing the statistics on child abduction. The United States Justice Department revealed some unsettling facts: an estimated 800,000 children are reported missing every year in the United States. That amounts to roughly 2,200 each day. Fortunately, the vast majority of children are located quickly.

May 25, 2011 was National Missing Children’s Day. The day serves to remember the children that are still missing, and in their honor, stress the importance of making child protection a national priority. Law enforcement officers from across Central Florida gathered in downtown Orlando on Wednesday to promote the campaign called “Take 25.” The campaign encourages parents to spend 25 minutes to talk to their children about safety from abductions. Listed below, are a few of the 25 safety tips that officials distributed to parents at the event. To view the complete list, see Law enforcement leaders gather to promote child safety campaign.

* Teach your children their full names, address, and home telephone number.

* Make sure your children know how to reach you at work or on your cell phone.

* Instruct children to keep the door locked and not to open the door to talk to anyone when they are home alone.

* Encourage your children to tell you if anything they encounter online makes them feel sad, scared, or confused.

* Remind kids to take a friend whenever they walk or bike to school.

* Caution children never to accept a ride from anyone unless you have told them it is OK to do so in each instance.

Nothing is more important to parents than the safety and welfare of their children. When a child disappears, it is critical for parents to know what resources are available to them for help. Law enforcement officers, agencies that specialize in missing children abductions, family members, and neighbors are just a few people that will do anything to help a parent find a missing child. When Your Child Is Missing: A Family Survival Guide, provided by the United States Department of Justice is also a resource that provides firsthand knowledge and advice about what to do in the unfortunate event that your child goes missing.

In Florida and other States, law enforcement officers and detectives are working to try to make the Internet a safer place for children. Unfortunately, like any other arena, some child predators are using the Internet to find victims. In Lake County, Florida, investigators and detectives spent 4 months chatting online with Howard Scott Kalin, age 47, from Maryland according to a news story posted in the Orlando Sentinel. According to the report, Kalin was under the impression that he was chatting with a 14 year old boy and the boy's caregiver. The sheriff's report indicated that Kalin travelled to Florida and planned to play basketball with the 14 year old and then have sex with the 14 year old child. What a disturbing plan and situation. Fortunately, the 14 year old boy was really an undercover agent and no child was put in danger. Kalin practices law and runs a business. He is an educated man who even has a family. The police conducted a search of Kalin's car and found lubricant and condoms.

Mr. Kalin will be entitled to defend himself against these charges through the services of a Florida criminal defense attorney or the services of the public defender's office if he cannot afford an attorney. There may be some technical legal defenses to such charges but it would appear that that Kalin will have an uphill battle to defend himself against these charges. The evidence seems to be quite extensive assuming that the 4 months of Internet chat records are admitted into evidence along with the evidence seized at the scene like the basketball, lubricant, and condoms. See Magician-Lawyer Charged in Cyber Crime Involving Undercover Detective Posing at 14 Year Old Boy.

What does a chef, optician, U.S. serviceman, bank teller, janitor, and engineer have in common? Well, in Gainesville Florid and other counties, an arrest for using a computer to solicit sex with a child among other crimes is what these folks have in common. The Gainesville Police Department and the Alachua County Sheriff's Department were law enforcement agencies among others that participated in a five day sex sting. Undercover law enforcement officials posed as juveniles or parents online to have the suspect meet at an undercover house for sex with a child. The Internet sex sting seemed similar to those televised by NBC's series To Catch a Predator. It is interesting that people are informed in writing online about a child's age and still take the affirmative steps to go to a house that they have never been to before to have sex with a child they have never met before. This shows that many people are selfish and depraved who victimize children without any though whatsoever as to the effects on the child or the fact that the acts are immoral and illegal. Of course, not all persons caught in the net of a sting are successfully prosecuted. Some are able to present a Defense of sorts to get out of the charges, but most are probably successfully prosecuted and most defendants end up pleading guilty or no contest to the charges and then face the criminal sanctions and consequences of their bad acts and intentions. For more information, see Gainesville, Florida Chef Among 17 Arrested in Internet Child Sex Sting.

44-year-old Derek Lee, a U.S. Forest Service employee, pleaded guilty to receiving images and videos depicting child pornography over the Internet. Lee, of Orange Park, faces up to 5-20 federal imprisonment, a $250,000 fine and a potential life term of supervised release. Court documents revealed that an investigator with Florida's Child Predator Cybercrime unit began an online undercover investigation to identify individuals accessing and sharing child pornography depictions. The investigation identified a particular host computer that was sharing several hundreds of child pornographic depictions; Lee's home was revealed as the location of the host computer. Officers executed a search warrant at Lee's home in December 2010. In an interview with agents Lee's 21-year-old stepson Jeffrey McMillan admitted he possessed child pornography on his computer and also indicated that images and videos were on his stepfather's computer. McMillan was subsequently arrested and Lee was asked to return to his home where he was interviewed. When Lee was questioned about the files on his computer he responded, "If you have a search warrant, you found that I have child pornography on my computer." Lee's computer contained about 111 videos and 116 images of children engaged in sexually explicit conduct. He has been downloading child pornography for 10 years. For more read U.S. Forest Service employee pleads guilty to receiving images of child pornography.

The mother a former foster child has filed a law suit against the state and other child care providers who she believes is responsible for the alleged sexual abuse committed against her son. The lawsuit, filed in April 2011, accuses the Department of Children and Families and other local child care providers for allowing the abuse and failing to provide mental health treatment for the then 10-year-old boy of North Port, Florida, until he attempted suicide twice. The lawsuit also describes how the boy was moved to 11 different foster homes in an 18-month period. The boy, now 13-years-old, has been reunited with his mother since 2008. Among the various defendants are the Sarasota, Florida, YMCA and the local contractor for foster care services. For more read Mother files lawsuit alleging son was sexually abused while in state of Florida's care.

Not only do day care owners, providers or other child care employees have an affirmative duty to report any suspicions or allegations of child sex abuse, but doing so will get local law enforcement involved and stop any further acts abuse.

In Jacksonville, Florida, the Florida Times Union reported that a Lake Shore Middle School Teacher (Robert Bryan Luke) was arrested for allegations of sex abuse involving a child. The story did not report the identity of the child or the particular allegations but one of the specific Florida criminal charges was sexual battery of a child younger than 12 years old. A parent of the child reported to the police that a crime was committed and that the child had been sexually abused. It was reported that Mr. Luke is a local youth soccer coach and swim coach. See Florida Times Union - Law & Disorder: Jacksonville Teacher/Coach Charged with Sex Offenses Against Child.

In schools and community sports organizations, a background check is completed; however, if the applicant coach had not been arrested or convicted of a crime in the past - there will be no public record to indicate that the applicant coach is a danger to children. Beyond public record background checks, prior employers and leagues can be contacted but the work involved in such endeavors may be too tedious for some schools and / or sports organizations.

The Jacksonville Sheriff's Office and the State Attorney were involved the investigation and will continue to work the case now that an arrest is made. Of course, Mr. Luke will be entitled to the services of a Jacksonville Criminal Defense Attorney or legal representation through the Public Defender's office. The criminal prosecution will hinge on the evidence obtained which can include statements, photographs, videotapes, text messages, e mails, and other forms of evidence. The news story in the Florida Times Union did not detail the amount or type of evidence that law enforcement had obtained or believe it can obtain regarding these Florida criminal allegations.

A Tamarac, Florida man is under investigation with the FBI for his alleged involvement in advertising the performance of sexual services by a teenager over the Internet. Leighton Martin Curtis, a 34-year-old air conditioning serviceman used his personal credit to promote the prostitution of a 17-year-old girl. Curtis is alleged to have prostituted two minor girls, referred to as "K.P" and "L." in court filing papers. Curtis used his mother's Tamarac address as his residence. He currently faces a federal trafficking charge for promoting the prostitution of a minor. If charged he could face anywhere from 10 years to life in prison and a possible fine of $250,000. Prosecutors are expected to provide text messages as evidence detailing the prostitution of the minor females. The text messages reveal one incident in which Curtis drove "K.P." to an appointment with a client, where she earned $300 that she subsequently handed over to Curtis. The relationship between Curtis and the two girls was recently discovered after the teens ran away from him at the Seminole Hard Rock Hotel & Casino. Curtis chased them to Oakland Park. "K.P." escaped to a nearby hotel where guests eventually called police. For more read Tamarac man faces charges for prostitution minor females over the Internet.

A South Florida music teach has been arrested for allegedly sending one his students suggestively sexual text messages and pictures of his erect penis. Dennis A. Mulder, the band teacher at Allapattah Flats K-8 school in Port St. Lucie, Florida, was recently arrested and charged with two felony accounts of transmission of material harmful to minor by electronic equipment. Mulder, 42, is accused of sending 3 pictures of his erect penis to a 14-year-old female student. The text messages were discovered by the teenage's mother while she was searching through her daughter's phone. The photos were discovered under a file labeled "Dennis." Police reportedly traced the number that sent the text and picture messages to a phone number registered to Mulder. The texts allegedly began in early March 2011 and included the following: "Secret: It took all I could not to grab you & kiss you today" and "Desire for you is getting stronger." When questioned by police, the female student stated her and Mulder were "just good friends." Although she admitted to police that Mulder sent her the photos she had plans on telling him they couldn't be "anything but friends." Mulder told police that he only had a strict teacher-to-student relationship and exchanged only a few text messages with his female student. However, police confirmed they found around 100 texts between the two phones and when the compared the photos to Mulder's apartment, they spotted similar floor tile and carpet in the apartment to those in the photos. Mulder is expected to be reassigned away from students while the investigation is being conducted. Mulder has been with the school district for the past four years, however this was his first year as band teacher at Allapattah.

In Florida and other States, a person charged with a crime is entitled to defend himself from the charges through legal representation from a Florida Criminal Defense Attorney or through the services of a Florida Assistant Public Defender. In the age of smart phones, iPads, lap tops, and other electronic devices, determining the proof or origin of evidence can be helped with technology. There are also unique challenges in that other people some times gain access to a person's technology and use it in an inappropriate way or manner. Because of this, it is important to retain control and custody of your computer and mobile phone equipment. It is important to also keep user names and passwords private so that others do not venture into your technology world and harm your reputation or even worse - get you arrested.

The above criminal matter will be investigated and hopefully the truth and justice will prevail through the proceedings. For more information about this topic read South Florida Band Teacher Arrested for Allegedly Sending Sexually Charged Text Messages and Photos to 14-Year-Old Student.

In Jacksonville, Florida, it was reported that Ian Sean Gordon (age 29) was recently given a life sentence for his heinous acts and crimes against a 15 year old girl. Gordon entered a guilty plea to the criminal charges of trafficking. Court documents indicated that Gordon gave the girl drugs (crack cocaine) and transported and supervised the child in various sex acts of prostitution. Profiting off of the abuse of a child is certainly immoral and worthy of a life sentence in prison. The case was prosecuted by the United States Attorney's Office.

Ian Sean Gordon is guilty of these crimes. In addition, any persons who may have helped Gordon or who had sex or abused the child are also guilty as well. Ian Sean Gordon did not abuse this child on his own.

It is most unfortunate that headlines were made in Jacksonville, Florida of these crimes. Fortunately, law enforcement and prosecutors successfully prosecuted this man who will no longer be a threat to society or children in the future. See Child Sex Trafficker Ian Sean Gordon Sentenced to Life in Prison.

Thanks to tips by a whistle blower, two men have been arrested and charged with assaulting teenagers in a church. The two men arrested are 56-year-old Paul Keith Groover and 45-year-old Darrell Vincent Moore, both pleaded not guilty to the sexual assault charges against them. According to officials, Groover's father is a church leader at Greater Refuge Temple. Arrest warrants reveal that Groover is accused of molesting a boy for several years and texted the boy locations inside the church to meet him for sex. Moore is accused of raping several girls, including one at knife point. Both men are also charged with sexual battery, Moore is also charged with lewd and lascivious conduct. The reasons for the whistle-blower coming forward are unknown.

The men charged with these crimes will be entitled to the services of a Florida criminal defense lawyer or the services of the public defender's office if they cannot afford to hire or retain a private attorney. It will be interesting to see what evidence supports the case other than the testimony of the whistle blower. It will also be interesting to see if other members or officials of the church knew or should have known of the alleged acts committed against these children.

Child abuse, both physical and sexual, can go on for several years. The consequences of this reprehensible conduct can last a lifetime for a victim. It is important for those who know or have suspicions of child abuse to come forward and reveal the conduct to local authorities. Going to your local police agency will prompt a criminal investigation and top the abuse. If you would like to read more on this story please see 2 men arrested for sexual assault on children in church.

Kimberly Brabson III, a former girls' swim coach at Tampa Preparatory School was sentenced to 5 years incarceration followed by 5 years of probation after Brabson pled guilty to secretly videotaping team members as they changed into swimsuits. State prosecutors said the videotape had more than 21 incidents occurring between January and September 2005 of 19 females in various stages of undress. Hillsborough Circuit Judge Chet A. Tharpe, who sentenced Brabson, ordered the tapes destroyed.

Brabson pleaded guilty to 10 counts of misdemeanor voyeurism. In exchange for Brabson's guilty plea, the state dropped dropped 19 felony counts of promoting a sexual performance by a child. Although Brabson's conduct is disturbing and immoral, prosecutors say the videotaping did not meet the legal requirements of the felony charge. Most of the victims and families impacted by these horrible acts were pleased with Brabson's sentence. Some were pleased just because they were tired and ready to end the 4-year lawsuit while others were happy for the case to end so their lawsuits against the school could be further pursued. If you would like to read more on this story please see Former Tampa Preparatory School swim coach sentenced after pleading guilty to voyeurism.

Brabson's tapes were discovered after two students made complaints to school officials. Brabson was suspended and school officials contacted local police. It is important for victims to come forward and tell someone about the abuse they have suffered. Also, if you suspect someone is abusing others, you should contact local authorities and report the abuse immediately.

The St. Johns County Sheriff's Office reported that 5 people were arrested in a child pornography sting operation. A spokesman with the Sheriff's Office noted that some of the victims in the videos / photographs were as young as infants. The arrests resulted from a nine month investigation.

Child pornography is an industry rife with victims in the form of the children. Every aspect of child pornography is repugnant and should be punished to the highest extent of the law. You can read more about these arrests at 5 Arrested in St. Johns Sting Operation on Child Porn.

Of course, each defendant will be entitled to defend against the criminal charges by a Florida criminal defense attorney or the public defender's office. The evidence, in the form, of computer e mails, hard drives, and possibly other evidence, may be difficult to refute or to keep out of the criminal proceedings including trial.