Florida Child Injury Lawyer Blog

In Florida, day care centers have a duty to provide a safe haven for children under their care. Unfortunately and tragically, some day care workers use their position of trust to commit horrendous and unspeakable acts of child and sexual abuse on children under their care. Many such acts go unreported without any intervention by law enforcement or the state of Florida. The Miami Herald recently reported that Edgar Cerezo was arrested for allegations involving sexual acts on a four year old girl in his wife's day care center - The Clara Cerezo Child Care Center. If convicted, Mr. Cerezo faces a possible sentence of life in prison. Of course, Mr Cerezo will be entitled to legal representation by a Florida public defender, or Florida Criminal Defense Attorney and it will be the State's burden to prove guilt beyond a reasonable doubt. You can read more about this story at Miami-Dade County Day Care Worker Accused of Attacking Four Year Old Girl.

Day care center abuse, assault, and neglect incidents continue to take place in Florida and other States. Responsible and caring child care workers should be supervising the children rather than those adults intent on preying and abusing children.

Continue reading "Miami (Kendall) Day Care Center Worker Investigated for Alleged Sexual Assault on 4 Year Old Girl" »

Heather Lovett, a 21-year-old woman of Bradenton, Florida and owner of Our Kids Home Daycare was arrested and charged with child neglect after a toddler in her care had to be rushed the the emergency room. The 22-month-old toddler had bruises all over her body, including her head, face and neck as well as dried blood in her ears. According to a police report, the toddler also had injuries consistent with a sexual assault.

Lovett told police that her boyfriend's 13-year-old son was at the daycare during the time the toddler incurred the injuries. When detectives confronted the teenage boy, he gave them numerous accounts as to what happened to the toddler. Eventually, detectives say the teenager admitted to "losing control" and punching the toddler at least 20 times in the face and body. The boy said he became enraged after the toddler threw a golf ball at his face. The 13-year-old did not admit to any sexual abuse. He was charged with aggravated child abuse, but could face additional charges.

This is not the first time the police have responded to a complaint at Lovett's daycare. In June 2010, detectives investigated a claim of child molestation at the daycare after a 3-year-old boy said he was abused. According to a police report, the suspect in that investigation was a 15-year-old boy and brother of the 13-year-old arrested in this case. Investigators said, the 15-year-old denied the allegations against him.

Each criminal defense in this case has a right to a lawyer and speedy trial. If you would like to read more about this story see Teenager accused of abusing a 2-month-old toddler at Bradenton, Florida daycare facility.

Continue reading "13 Year Old Admits to Punching / Abusing Child at Day Care Center According to Bradenton Florida Detectives" »

United States District Judge Mary S. Scriven scolded Patrick Connolly as she handed down a 30-year prison sentence in an Orlando, Florida Federal Court. Connolly, a former military contractor, pleaded guilty in January to one count of sexual exploitation of children. 30-years was the maximum sentence that Scriven could impose on Connolly, however, Scriven said she would have sentenced him to life if she could.

Connolly was convicted of hacking into girls' computers and forced them into making child pornography of themselves. One girl told authorities she was told her sister would be hurt unless she provided pornographic photographs of herself. Several complaints, similar to this one, filed by Brevard County girls led to a criminal investigation about 5 years ago. Investigators eventually arrested Ivory Dickerson, a North Carolina civil engineer. after detectives found over 1 million pornographic images on his computer. As part of his plea agreement, Dickerson pointed investigators toward Connolly. Dickerson was sentenced to 110 years in prison in Orlando Federal Court in December 2007. The FBI eventually arrested Connolly at Hartsfield-Jackson Atlanta International Airport.

Victims of Connolly's extortion live in multiple states: Florida, Texas, Michigan, North Carolina, and Louisiana. One mother of a victim testified at Connolly's sentencing hearing that Connolly "entered their home through the Internet and spread like a cancer." One of his victims, a college student at the time of the extortion, testified that she felt like a prisoner. She stated that Connolly threatened her to not to move her web camera and keep her from going to class. To read more about this topic see Former military contractor (Patrick Connolly) sentenced to 30 years for sexual exploitation of children.

The Internet has brought significant changes into our society, especially concerning one's privacy. Parents need to restrict their children's access on the Internet. You can consult with your internet service provider regarding the basic steps to take to heighten your security on the Internet.

Charles Todd Stokes, 48, a former Florida teacher and resident, was convicted of traveling to Asia to have sex with young boys. Stokes traveled to Thailand in 2002 and remained there until his arrest in 2006. He was convicted by a federal jury after a four-day trial. Federal prosecutors stated Stokes engaged in sexual conduct with over 70 boys all under the age of 15. Two of the boys, 11-years-old at the time of the abuse, testified against Stokes. Prosecutors also stated to have thousands of photos of Stokes engaging in sexual conduct with the boys. Stokes previously lived in Miami from the mid-1980s through the late-1990s. Stokes will be sentenced on August, 25; he faces up to 30 years in prison.

Sexual abuse against children is a morally depraved crime. There are long term consequences and effects on children from the sexual abuse, both physical and emotional on the abused children. Suspected acts of any type of child abuse should be reported to law enforcement authorities so that a criminal investigation and be pursued. Child abuse should never occur but the unfortunate reality is that does. Therefore, reporting the crime as soon as possible is one of the ways to stop the abuse and get some protection for the abused child Read more about the charges at Former Florida resident convicted of having sex with young boys in Asia.

In Florida, children engage in sports activities every day. There are thousands of dedicated coaches and volunteers in youth sports in Florida. These coaches provide hours of instruction, coaching, and mentoring to children every week. The majority of coaches are caring individuals who have the child's best interest in mind. There are some coaches out there who prey on children or otherwise ignore the needs and best interests of children. In some cases, the child suffers serious personal injuries as well as psychological injuries when a coach fails to provide adequate supervision or when the coach himself or herself actually preys on the child and engaging in illegal and inappropriate sexual molestation and assault of the child.

In Osceola County, Florida, a martial arts instructor (John Durinick) is accused of molesting / assaulting / raping a former student. Mr. Durinick was arrested on charges involving a 14 year old girl. The allegations are that Durinick attacked the girl at the John Emmons Tae Kwon Do Martial Arts Studio in 2008. This case is interesting in that the accusations are against a person trained and skilled in subduing another person. Mr. Durinick will be entitled to defend himself against these criminal accusations by a Florida criminal defense lawyer / attorney. Prosecutors and the public defender / private criminal defense counsel will argue over the testimony and evidence presented on this matter. See Former Osceola martial-arts instructor accused of raping 14-year-old girl.

While background checks would not prevent every incidents from happening, background checks are a valuable action to take to insure that those with a known criminal history are kept away from children. It is also important for parents to attend all practices and games / matches of their children. Of course, this is not practical for every parent or every practice; however, active parent participation can help prevent incidents from taking place.

Coaches have a duty to protect and mentor children. Government entities, sports organizations, and businesses engaged in youth sporting activities have a duty to hire competent coaches and properly supervise the coaches. Competition is great and playing a sport can be great fun. All parents and coaches should keep in mind that safety is the most important part of youth sports.

Social Networking, the Internet, Smart Phones, the Blackberry, the iPhone, and the laptop are all great tools. Unfortunately, there are many people out there who are using these tools and the associated technology to prey on children. A story reported in the Huffington Post and other news outlets involved a 14 year old girl who was seduced by a 44 year old man. It has been alleged that the man - Moses Virgil Campbell, Jr. - age 44 - had sex with the 14 year old girl. An investigation led to the location of the 14 year old girl underneath Mr. Campbell's bed . The intervention by the teen's mother led to the discovery of this inappropriate and illegal relationship. A cab company and driver also provided information to investigators that led to the arrest of Mr. Campbell. See Man Allegedly Used iPhone App to Meet; Have Sex with 14 Year Old Girl: FBI (Federal Bureau of Investigation).

It was reported that Mr. Campbell met the 14 year old through a Social Networking site / program called i Date - an application for the iPhone. Mr. Campbell will be able to defend himself against these charges from a public defender or a private criminal defense lawyer. It may be a tough case to defend against the charges since there will be evidence in the form of electronic evidence. In addition, police found the teen underneath Mr. Campbell's. How is this going to be explained if it can be explained at all?

Parents should be aware of stories like these and take an opportunity to speak to their children and check on the Internet and Social Networking activity of their children.

In Florida and other States, sexual predators and offenders are using the Internet to try to victimize and molest children. Consenting adults can arrange for meetings, dates, and other relationships online; however, it is much different when a child is involved. Undercover investigators are doing their best to track down sexual predators and offenders who are specifically informed online that the person on the other end is a child. In some instances, the "child" is actually an undercover investigator. The text messages, chats, and e mails are all recorded and saved as evidence when there is a criminal prosecution or arrest made in these kind of cases. In Jacksonville, Florida it was reported that David Marshall Deal, age 24, was convicted of using the Internet to attempt to engage in sexual activity with a minor. The allegations in this case were that Mr. Deal was informed over the Internet that the "child" was 13 years old. During an arranged meeting with the "child", Mr. Deal brought condoms, a camera, and thong underwear. In cases like these, the intent of the criminal suspect is proven by the electronic evidence as well as the items brought to the meeting. You can read more about this story at Man Convicted of Crimes - Attempt to Entice a Child for Sex.

In Florida, some teacher make headlines for great teaching or accomplishments in the community. Others make headlines when they get arrested and / or fired for having sex with students or inappropriate conduct with teachers. It is estimated that more than 175 teachers in Florida lost their licenses over the past 5 years for sexual misconduct / actions that ranged from sex to touching to inappropriate text messages and e mails. One such incident took place in Tamarac. Josie Stratton was a biology teacher at J.P. Taravella High School. While working as a teacher, she became involved with a "love" affair with a 17 year old student. This inappropriate relationship led the student to moving out of his house and marrying the teacher. The marriage lasted only 5 months. The State of Florida subsequently revoked the teacher's teaching certificate. This is one of many incidents that has tarnished the image of Florida schools and Florida's education system. Most teachers are great and very supportive of the children under their supervision and tutelage. It is a shame that a few "bad apples" use poor and selfish judgment which, in turn, is harmful to the child victim, the school, and the community. You can read more about this topic at Teachers and sex: Scores in Florida have lost jobs due to improper conduct with students.

In Tampa, Florida, a former middle school teacher (Stephanie Ragusa) pleaded guilty to having sex with teenager students. She pleaded guilty to the criminal charges of lewd and lascivious battery and having unlawful sex with a minor. Teachers should serve as mentors for our children in the school system. Teachers (male or female) should not be dating or having sex with students. It is amazing that teachers, who have a college education and life experience, would be so callous to have sex with students. In this case, there was evidence in the form of recorded conversations, gifts, and love letters. Ms. Ragusa even named one of the teens as the executor of her will. It appears that Ms. Ragusa pleaded guilty for good reason. The evidence as reported by CNN seemed to be quite strong. You can read more about this story at Former Florida Middle School Teacher Pleads Guilty to Criminal Charges of Having Sex with Underage Teens.

A former teacher at Cocoa Beach Junior / Senior High School was sentenced to a 50 year prison term for criminal charges involving child pornography. The defendant, Berne Schmidlkofer - age 65 - pleaded guilty to the charged that involved the production and distribution of child pornography involving a 6 year old child. The arrest was made after a tip was provided to the National Center for Missing and Exploited Children. It is quite frightening that just a few years ago that this man was teaching our children and serving as an apparent role model for children. You can read more about this story at Former Teacher Receives 50 Year Prison Term.

In Florida and other States, there are school teachers out there who may pose a risk to our children. In Orange County Florida, a second grade teacher (Dale Chisena, Sr.) was arrested for child pornography charges. Chisena taught second grade at Lovell Elementary School for over 30 years. Investigators reported that Chisena and his son downloaded 1000 child pornography images on their respective computers. The computer Forensic evidence will be a key focus of the evidence against Chisena. Of course, he will have the right to representation from a Florida criminal defense lawyer or a public defender on these charges. It would appear that the number of downloads would be tough evidence to overcome or to explain that it was a mistake. The child pornography industry victimizes child over and over again. Those who pay for or even download it are part of this immoral industry. You can read more about this story at Bond Set for Teacher Accused of Having Child Pornography.

By David Wolf, Attorney and Cassie K. McDonald, Law Clerk
Published by Florida Child Injury Lawyer Blog

Bobby Wayne Turman, a 35-year-old male resident of Santa Rosa County, Florida, was charged with 100 counts of sexual assault to a victim under twelve-years-old. To defend himself against these Florida criminal charges, Turman will be entitled to a public defender or an attorney from a private law firm.

The alleged abuse started when the victim was eight-years-old and continued until the victim turned eighteen despite two separate revelations to Turman’s wife. According to the report, Turman threatened to kill the victim after the first accusation and forced the victim to tell his wife, “It was just a dream.” After the second accusation was ignored by Turman’s wife, the victim stopped revealing the sexual abuse. According to the victim, if the wife would not believe the accusations, no one would.

The sexual abuse was reported to the sheriff’s office on February 9, 2010. Investigators interviewed the victim and eyewitnesses who corroborated the victim’s story. One witness, a prior roommate of Turman’s, recalled approximately seven different occasions where Turman and the victim were alone together in a bedroom or bathroom. Although Turman told the witness he was “disciplining” the victim, the witness heard suspicious crying, sniffling, and grunting. According to the report, when Turman and the victim were alone in the bathroom, the faucet would continuously run. When alone in the bedroom the witness heard “movement on the bed,” and “squeaks from the bed.”

It takes a very strong and courageous child or adult who has been a victim of child abuse to come forward and reveal the abuse and molestation suffered by the victim. If a child comes forward with a story of child abuse or molestation, the child should be listened to and taken seriously. Sexual abuse on a child is a serious and heinous crime. Children suffer serious personal injuries in the form of physical harm and psychological trauma from sex abuse and assault acts committed against them.

You can read more about this story at Man Charged with 100 Counts of Sexual Assault to Victim under 12.

Savvy investigators pieced together photographic / video evidence that lead to the arrest of a David A. Diehl, age 48, in Orange Park, Florida. The investigation centered around videos made of the molestation of a 9 year old girl in a tent. The video was evidence in other criminal cases for child pornography. Now, investigators believe that they have the man who made the child pornography videos. One piece of evidence was a novelty $1 Million Bill. Investigators traced this bill back to the Star Ranch, a nudist club in Texas. Investigators then conducted interviews which helped identify the girl who was in the video. Thereafter, the girl was interviewed. The girl finally broke her silence and recounted the horrible events that took place in the tent.

Children should be cared for and protected and not subjected to the selfish and horribly aggressive and violent acts of child predators and sexual offenders. You can read more about this story at Arrest Made of Alleged Child Pornographer in Orange Park, Florida.

Of course, Mr. Diehl will be entitled to legal representation by a criminal defense attorney. The evidence will be closely analyzed by each side in making the decision on a plea deal or to take the case to a jury trial.

In Naples, Florida, a man pleaded no contest to criminal charges that he molested six boys in a day care center. The plea bargain will require the criminal defendant, Jose Jesus Lara Flores, to serve four concurrent 15 year prison terms. He officially pleaded no contest to the charge of attempted sexual battery. Other charges were dropped but it was reported that the victims' families were satisfied that the case has been resolved and that the defendant will go to prison, face possible deportation or proceedings with the United States Department of Immigration and Naturalization, and also be designated as a sexual predator. You can read more about this story at Man Pleads No Content to Criminal Charges Involving Sexual Molestation at Boys in a Day Care Center.

According to the Florida Attorney General’s CyberCrime Unit, Jason Richard Andes chatted twice online with an individual he believed to be a fourteen year old girl. Both times he asked the girl to meet him for sex. He also used his web cam to send nude images of himself to the undercover state investigator who was posing as the underage girl.

Andes was caught in a sting that had been planned in a joint effort by the Florida state CyberCrime unit, the Jacksonville Sherriff’s Office, and the FBI. When a search warrant was executed at Andes’ home, police seized his computer, webcam, and other digital media files. Andes has been charged with four felonies; two counts of computer pornography and two counts of soliciting a child via computer. Andes has been booked into the Duval County jail. He is not currently eligible for bond.

While it is great that these law enforcement agencies are actively pursuing Internet predators, parents can do a lot to help keep their children safe while surfing the web. Talk to your kids about web safety, how to respond to inappropriate behavior, and make sure that adult and other objectionable content is blocked from their view.

Read more about this online child solicitation sting operation at Mandarin man arrested this morning for cyber-sex crime.

After Somer Thompson was kidnapped and murdered last October, her memorial was held in the First Baptist Church of Orange Park, Florida. That same church was recently the site of a training seminar aimed at teaching parents how to keep their children safe from predators. Ken Wooden, a child protection expert, provided the 300 parents who attended with a list of “lures” that predators use to attract their victims. According to Wooden, if you teach your kids the lures, they will be better able to resist them.

Wooden, who runs the organization Child Lures and Teen Lures Prevention, told the audience that the most common lures play on a child’s need for attention, their desire to be helpful or to obey those with real or perceived authority. Wooden says that the lures are so powerful they can even be used on older “children” on college campuses or military bases.

Wooden’s program is so successful that it is even used by the United States Secret Service, United States - State Department, and the Federal Bureau of Investigations - FBI. Florida law enforcement officers in attendance at the Orange Park event said that they could remember many cases where the lures Wooden discussed were used to abduct a child.

Members of Somer's family attended the program, and said that they hoped the information would help other families. Read more about the program and the common lures at Child protection begins with recognizing the lures.

If your child has been injured, please contact our law firm for child injury legal counsel.

A Jacksonville, Florida Daycare owner, David James Hart, has been arrested and charged with lewd and lascivious molestation on a victim 12-16 years old, sexual battery on a victim younger than 12, and assault. Parents of some of the children who attend the A+ Just for Kids Academy on Crown Point Road in Mandarin, Florida are in shock.

One parent reported that her kids absolutely loved Hart, and that he seemed very friendly and caring and knew all of the parents and kids by name. She has been taking her children to the daycare center for three years, and now is devastated at the news of Hart’s alleged actions and very worried for her children.

Another daycare owner, Charles Schramm, who purchased the Just 4 Kids Learning Academy on Losco Road in Mandarin from Hart last summer, says he “never would have believed something like this," about Hart. Just the same, he is going to change the name of his daycare center immediately. He doesn’t want parents getting his business confused with Hart’s.

The Florida Department of Children and Families is working closely with Jacksonville law enforcement in the investigation. The A+ Just for Kids Academy was inspected just last month, and was found to be in full compliance. The center has had only a few minor violations in the past.

Read more details of David James Hart’s arrest at Jacksonville A+ Just 4 Kids Academy Owner Arrested on Molestation Charges.

If your child has been injured by a daycare or child care worker, please contact our law firm for child injury legal counsel.

When an twelve year old girl from Dover, Florida returned to school after an absence of some months, her teachers asked her why she had been absent. She replied that she had given birth, and that the father was her twenty eight year old brother in law, who lived next door to her family in a trailer park filled with migrant farm workers.

The father, Teodoro Pablo-Ramirez, was promptly arrested. The girl’s parents, who had moved back to Guatemala, sent a letter to the court saying that the couple was married, and that it was normal in their culture for girls to marry at a very young age.

The case has created a stir in the Florida court system. The problem is that Pablo-Ramirez speaks no English and very little Spanish; his native language is Mam, a rare Mayan tongue. It is understood by very few interpreters. When Pablo-Ramirez was sentenced to life in prison for fathering the eleven year old’s child, there was no Mam interpreter in the courtroom, only a Spanish interpreter. When his life sentence was handed down in Spanish, Pable-Ramirez did not understand enough of the language to realize what had happened to him. The judge has therefore granted a motion for a retrial.

Read more about the problems obscure languages can cause in the courtroom at Obscure Mayan language leaves justice tongue-tied.

The issue of criminal restitution in child pornography cases was first raised a year ago in Connecticut, when a federal judge ruled that a man found in possession of child pornography must pay $200,000 in damages to one of the children featured in the materials, even though the man did not take the pictures in question.

The child is now a twenty year old woman called “Amy.” That case settled for $130,000 before the judge made his final ruling, but Amy is going after anyone she can find with images of her in their child pornography collections.

Federal judges nationwide are now forced to decide if a person found with abusive images is responsible for harm to the subject, and if so, how much they should pay in restitution. These cases have been made possible by the Crime Rights Act of 2004, which set up a system of notifying victims when someone was caught with a pornographic image of them.

In Florida, two different courts have ordered restitution totaling more than $3.5 million to Amy, but other Florida courts have awarded only nominal amounts or nothing at all. At least one of the awards has been appealed. Read more about Amy’s story and its effect on child pornography cases at New legal issue: Payment for child porn victims.

An Alachua County man (Keith Edward Olmeda) was recently sentenced to 150 years in federal prison for sexually abusing his former girlfriend's children and for videotaping these heinous acts. This acts of Olmeda are very disturbing and make this case or sentence ripe for the act of locking him up and throwing away the jail key. Olmeda is a sexual predator who is an absolute danger to society and children. Children should be protected, nurtured and educated by parents and other adults. Making them the subject of sex acts and videotapes is cruel punishment by a the acts of a selfish and sociopathic person.

You can read more about this story at Alachua Man Gets 150 Federal Prison Sentence.