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" »

Public tolerance and greater social awareness has led to a decrease in the use of spanking or hitting children (corporal punishment) as a form of discipline. Dan Rodricks, writer for the Baltimore Sun, is worried, however, that reports of abuse will go unnoticed because it is the summer time and kids are away from schools and teachers, the group most likely to notice and report incidents of abuse. Rodricks urges his readers to keep a lookout for signs of abused children saying, there is not expertise required, you know abuse when you see it.

The laws of this nation have been reluctant to interfere with the scope of parental authority regarding the issues of discipline and children. In fact, corporal punishment is still legal in all 50 states and still permitted in schools in 20 states. However, there is a bill presently in Congress to outlaw the use of corporal punishment in schools throughout the nation. Rep. Carolyn McCarty, a New York Democrat, introduced the legislation which proposed to take the wooden paddle out the hands of the school officials still permitted to use it. To read more on the this topic see Writer urges teachers and parents to stop the use of corporal punishment.

Parents have a parental right to decide how they will discipline their children. However, the lines between discipline and abuse are becoming more blurred as public awareness on the effects and consequences of hitting children increase. What is clear is that a difference does exist between abuse and child discipline. If you suspect acts of abuse you should report the incident as soon as possible to your local law enforcement authorities. Victims of abuse suffer from emotional and physical trauma, and the perpetrators should be stopped as soon as possible. Reporting incidents of abuse stops the violence and will prompt a criminal investigation.

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.

In Duval County (Jacksonville) and other Florida school districts, there is a problem with bullying. Sometimes, the bullying is subtle and at other times the bullying takes the form of life threatening violence. Either way, the bullying can have a profound effect on the child victim who can suffer from physical and / or psychological persona injuries. It was reported in the Jacksonville Florida Times Union that the Duval County - Jacksonville - School District will being tracking incidents and reports of bullying for the 2010 - 2011 school year. The tracking of this information and data can lead to a better understanding of bullying acts. I suspect that a great deal of bullying goes undetected or unnoticed by the school system because it is not reported. Some parents and children believe that reporting a bullying incident can actually lead to more problems or an aggravation of an already bad situation.

All parents should take action to address bullying acts or situations. Unfortunately, some parents turn a blind eye to bullying situations or deny the fact that it exist at all. No parent wants to think that his or her child is being a victim of bullying or that his or her child is actually committing bad acts as a bully.

See Duval Schools Will Start to Track Bullying Complaints.

In Mulberry, Florida,a man (Aaron Neal) was arrested for allegations involving the punching of a child in the face. The case was investigated by the Polk County Sheriff's Office. The criminal incident apparently was witnessed by others. The child suffered personal injuries to the head and ear. Neal was charged with aggravated child abuse and child cruelty. See Man Punches 7 Year Old Child Causing Personal Injuries.

Children should not be subjected to assaults and other violent acts that cause or could cause serious personal injuries.

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.

Shaken Baby Syndrome injuries can last a lifetime and even result in the death of a child immediately. In some cases, the child survives only to live a life challenged by brain damage resulting from Shaken Baby Syndrome. In the case of Christina Welch, she survived for 19 years with severe brain damage from being shaken by her father when she was just two months ago. When she died, an autopsy determined that Christina died from complications from severe brain damage / Shaken Baby Syndrome. Thereafter, the father was charged with her death. He later pled no contest to charges of Second Degree Murder and was issued a 15 year prison sentence. The father initially (19 years ago) received a 1 year prison term. When Christina died, the case was re-opened and charges were brought for her wrongful death.

Parents, child care providers, teachers, and others involved with the supervision and care of children should pay close attention to stories like this one. One bad act or incident can lead to years of disability and suffering by a child. You can read more about this story at Father Guilty Again When Child Dies Two Decades Later.

Babies continue to suffer serious personal injuries as a result of Shaken Baby Syndrome. Parents, caregivers, baby sitters, day care providers, and child care providers should never shake a baby as a form of discipline or as a measure to quiet a child. It is well known by pediatricians, neurologists, and other medical providers that shaking a baby can result in a serious child personal injury including:

*traumatic brain injury;
*brain swelling;
*brain damage;
*subdural hematoma (bleeding);
*mental retardation;
*developmental delays;
*vision problems / blindness;
*hearing loss;
*paralysis;
*learning disabilities; and
*death.

(See Shaken Baby Syndrome Goes Beyond the Family.)

Babies and infants will cry and become fussy. Keep this mind when caring for a child. Also, keep in mind that babies and infants are very fragile. This is especially true as to the development of the brain. Do not put a child at risk by shaking the child.

If a child has suffered serious personal injury as a result of being a victim of Shaken Baby Syndrome, the incident should be reported to the local police and the Department of Children and Families. In addition, the child may benefit from legal representation by a Florida Child Injury Lawyer if there is insurance or other means to obtain compensation for the child's past medical expenses and future medical expenses for therapy and education.

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 elementary, middle and high schools, there are reported incidents of violence and assaults against students. In Fort Lauderdale, a middle school student (Josie Lou Ratley) was stomped on by steel toed boots and punched in a vicious beating. Wayne Treacy is accused of this crime. His case recently came before a Fort Lauderdale judge who denied bond for the teen criminal defendant. Treacy is represented by a criminal defense attorney and it is reported that Treacy plans on pleading not guilty to the charges. See Bond Denied for South Florida Teen.

Tragically, Josie Lou Ratley suffered serious personal injuries in the form of extensive brain damage as a result of the alleged beating. The incident took place at a South Florida middle school. Ideally, schools should be a haven for children to grow, learn, and socialize. Unfortunately, violent incidents take place in Florida shows that make them anything but a safe haven.

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.

Is Corporal Punishment allowed in my child's Florida public school? This is an excellent question. The answer to the question depends on the school board district policies and procedures. Most school districts prohibit corporal punishment. If a parent or guardian has a question about corporal punishment in a school, the parent or guardian should first review the policies and procedures for the school district. For example, in Orange County (Orlando), Florida, "the school board prohibits the administration of corporal punishment in the school system." This is a clear statement of policy that must be followed by all school employees. It does not matter that the teacher feels differently or raised his or her children with the use of corporal punishment.

If you believe that your child has been a victim of corporal punishment or has otherwise suffered personal injuries in a Florida school, contact a Florida Child Injury Lawyer for advice and representation. Issues in these cases involve school board policies and procedures, Florida statutes, a review of the incident report, a review of the medical records, insurance, and other matters.

Daniel Crichton is a 2 year old child who is in critical condition following a robbery and carjacking in Jacksonville, Florida. Tragically, Daniel was shot by police in a hail of bullets aimed at the carjacked vehicle that Daniel, his mother, another child, and the suspect were occupying. It was reported that 42 rounds were shot in the incident. Now, the Jacksonville Sheriff's Office is investigating the incident. The shooting took place on Baymeadows Road. The boys' family is questioning how the incident took place and if the tragedy could have been avoided. There are a number of questions that come to mind in incidents like this:

What policies and procedures were required for deputy sheriffs responding to the scene?

What efforts were made to resolve or deal with the situation prior to the use of force (i.e. the firing of bullets)?

What contact was made (if any) with the suspect?

What was the suspect's criminal and psychological history?

What officers responded to the scene?

What was the strategy of the Jacksonville Sheriff's Office in dealing with the situation?

What agencies other than the Jacksonville Sheriff's Office were involved with the incident?

No matter the conclusion of the investigation or any legal matter connected with the incident - it is tragic that an innocent toddler was so seriously injured. You can read more about this story at Toddler Suffers Serious Personal Injuries Following Robbery / Car Jacking.

Sixteen year old high school student Tiphne Hollis was a sophomore at Ed White High School in Jacksonville Florida. She died after being shot while travelling through the area of Stockton Street north of Interstate 10 in a car full of other young girls.

Tiphne’s cousin reported that she and some other young ladies had been shopping together earlier in the day, and decided to go see a friend in what is considered a rough area of Jacksonville. The girls were driving down the street in an old police car with tinted windows when they heard a shot, followed by several more. Tiphne collapsed into her sister’s lap, and was pronounced dead at Shands Jacksonville Medical Center sometime later.

Tiphne’s family is shocked by her sudden death, saying that she was a peaceful and loving young woman who held a part-time job at a local daycare and had aspirations to attend college and become a real estate agent. Tiphne’s mother, Shanda, said the incident is like a nightmare from which she cannot wake up. Tiphne’s grandmother, Wynoma, is “stunned” by the violence in certain neighborhoods of Jacksonville. Tiphne’s mother agreed, saying she hoped her daughter’s death could serve as a wake-up call for residents to come together and stop crime.

Read more about the tragic death of Tiphne Hollis at Jacksonville high school student dies after being shot.

After an hour of deliberation, the jury in the DreShawna Davis murder trial returned an 8-4 verdict in favor of the death penalty for Rasheem DuBose, who had been found guilty of the girl’s murder. A separate jury recommended life sentences for his two younger brothers, who were involved in the fatal shooting. The judge in their case agreed with the jury’s recommendations. While Florida judges tend to follow jury recommendations, Dubose’s lawyer plans to argue for a lesser sentence of life in prison for his client.

According to court records, Dubose and his two brothers, Tajuane and Terrell, fired twenty nine shots into DreShawna Davis’ house in retaliation for her uncle trying to rob DuBose and force his pants down in public. Rasheem was found to have fired twenty three of the shots, including the one that killed DreShawna as she shielded her two younger cousins from the gunfire with her body.

The murder was just one in a series that have earned Jacksonville the dubious distinction of having the highest murder rate of any city in the state. Prosecutors hope the verdict sends a message to other would-be murderers that they will be prosecuted to the fullest extent of the law.

Read more about the trial at Jury decides Rasheem Dubose should die for killing DreShawna Davis.

If your child has been injured in an accident that was someone else’s fault, please contact our Jacksonville, Florida law firm to determine the child's rights in Florida pertaining to the injuries.

At a home in Northeast Jacksonville, several children gathered recently for a child’s birthday party. The children were playing outside the home when witnesses say they heard a single gunshot. An unidentified two year old girl was hit by the gunfire.

A resident of the home, Charlene Johnson, reported that there were several children playing outside at the time, and wasn’t sure if anyone had been injured at first. When it was discovered that the two year old girl had been hit, her parents rushed her to Shands Jacksonville Medical Center.

According to Sergeant John Gay of the Jacksonville Sheriff’s Office, aggravated battery unit, it is not clear if the girl was hit more than once, but she is expected to recover. Neither the motive for the shooting nor the intended target is known at this point. Police are still investigating the incident.

It is scary to think that someone would fire off shots in the direction of a group of young defenseless children right here in our own city. It is fortunate that the girl will be all right, but she will certainly carry emotional and physical scars from this tragic event throughout her life.

You can read more of the details of this story at Drive-by shooting wounds 2-year-old girl in Jacksonville.

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

Last January, two year old Anthony Jesy “AJ” Cabral was home alone with his mother’s boyfriend, Jason Lenz, one evening when he suffered a complex skull fracture and died sometime the next day. Lenz never alerted anyone that the child had been injured, including the child’s mother, who was a registered nurse and returned home a few hours after the injury took place. She was the one who found her son dead the next morning.

Lenz claims that he was carrying the boy when he tripped and fell, dropping the child to the floor. But according to prosecuting attorneys, Lenz beat the child to death by “bashing his head into something.” The jury agreed, convicting Lenz of felony murder and sentencing him to life in prison with no chance for parole. He was also sentenced to thirty years in prison for aggravated child abuse.

Lenz had been living with the family for eight months prior to AJ’s death. It is very sad that children are abused, neglected and even killed by the people closest to them; people who have been entrusted with their care. A person with a bad temper or history of abuse does not make an appropriate babysitter. Parents need to be very careful who they leave their children with, whether it is a friend, a relative or a daycare provider.

Find out more about this story at Jury finds Oviedo man guilty in child's death.

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.

Tonuya Rainey, of Miramar Florida is a mother to eight children. Reportedly, when her sixteen year old daughter became pregnant, Ms. Rainey did not want her to have the child, fearing that it would cause her daughter to miss out on a lot of things. Since she did not have the money to pay for an abortion for her daughter, Ms. Rainey gave the twenty four week pregnant woman pills to induce labor. Ms. Rainey’s daughter claims that the child was born alive, Ms. Rainey claims that the child was stillborn. They both admit that Ms. Rainey then discarded the body in the trash.

Ms. Rainey pleaded guilty to seven charges, including child abuse, termination of a pregnancy and practicing medicine without a license. Her attorney asked the judge for leniency, saying that Ms. Rainey took these actions out of a misguided attempt to provide her daughter with a better life. The Judge sentenced Ms. Rainey to two years of house arrest and five years of probation.

Read more details of this story at Tonuya Rainey Avoids Jail After Forcing Daughter to Have Abortion; Dumped Boy in Trash.