Florida Criminal Defense Lawyer Blog

September 1, 2012

Teenager accused of impersonating a police officer

Matthew Scheidt, 18, is now in police custody and accused of impersonating a police officer.

Just last year Scheidt was accused of impersonating a physician assistant. Scheidt told detectives he went to Osceola Regional Medical Center to get a badge he thought he needed for his job at a doctor’s office across the street, but, through a clerical error, acquired a medical badge and spent several days posing as a medical professional and treating patients. “Their error was putting me in apparently as a physician assistant into their computer, and then I lose my job,” he said.

Scheidt told detectives that he wore scrubs to the hospital, a pager and even a lab coat, which he bought. He admitted to holding two patients’ hands after he said they asked him to. Scheidt told a detective that a doctor asked that he performed CPR on a patient who came in for an overdose.

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August 29, 2012

Appellate Court grants Zimmerman’s request for new judge

by Mark Eiglarsh

The Fifth District Court of Appeal in Daytona Beach has granted the petition for a new judge for George Zimmerman, the man charged with the killing of 17-year-old Trayvon Martin.

A panel of three judges voted 2-1 that Stanford Circuit Judge Kenneth Lester’s statements directed towards Zimmerman were enough to grant Zimmerman’s motion and assign a new judge to the case. “Accordingly, we direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge,” the ruling read.

Initially, Circuit Court Judge Kenneth Lester, refused to recuse himself and denied Zimmerman’s motion for a new judge as it was “legally insufficient.” Judge C. Alan Lawson of the Fifth District Court of Appeal stated “… this is admittedly a close call,” however Judge Lester’s actions and statements towards Zimmerman met the legal standard requiring him to step aside.

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August 27, 2012

Police can track any US cell phone without a warrant

by Mark Eiglarsh

The US Circuit Court of Appeals for the Sixth Circuit ruled Tuesday that law enforcement can use cell phone data derived from cell phone use to establish an individual’s location with no warrant or probable cause.

The ruling was in United Stated v. Skinner, in which Melvin Skinner, an alleged drug trafficker, was tracked via his pre-paid cell phone and arrested by the Drug Enforcement Administration (DEA) with more than 1,100 pounds of marijuana in his Texas motorhome.

The Defendant appealed and argued a violation of his Fourth Amendment right, which is intended to protect people from “unreasonable searches and seizures” without issuance of a warrant obtained due to probable cause. However the Sixth Circuit has ruled that the Fourth Amendment does not preclude law enforcement from obtaining individuals location via their cell phone.

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August 25, 2012

Empire state building shooter gunned down

by Mark Eiglarsh

A angry former apparel designer was killed Friday morning by police gunfire in front of the Empire State Building, one of the most famous skyscrapers in the world and one of New York City’s best-known tourist attractions, after he murdered a former work acquaintance, Steven Ercolino. Authorities said the shooting did not seem to be linked to terrorism.

The shooter was identified as 58-year-old Jeffrey Johnson, who was laid off from his job, as a designer of women’s accessories at Hazan Import last year, as a result of down sizing. Johnson’s relationship with the company ended after a bitter dispute with the victims and company’s account executive, Steven Ercolino, 41, authorities said.

A friend of Ercolino’s who witnessed the shooting told police that she noticed Johnson, who was wearing a suit and carrying a black bag, outside the building. She saw him walk up to Ercolino and without saying a word to him, fire continuously at him.

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August 23, 2012

John Lennon’s killer seeks parole after being denied six times

by Mark Eiglarsh

David Chapman, 57, is serving a prison sentence of 20 years to life for shooting John Lennon, Beatle British singer-songwriter, four times in the back outside the musician’s New York City apartment building on December 8, 1980. He pleaded guilty to second-degree murder.

Chapman was denied parole in 2000, 2002, 2004, 2006 and 2008. He was last up for parole in 2010 but was denied because his “discretionary release remains inappropriate at this time and incompatible with the welfare of the community.”

David Chapman made his seventh attempt at parole Wednesday at Wende Correctional Facility, a maximum-security prison in Alden, New York where he is currently being held. He is in protective custody in a single-person cell and is allowed out three hours per day.

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August 21, 2012

Zimmerman’s Criminal Defense Team Appeal Denied Request for a New Judge

by Mark Eiglarsh

George Zimmerman, the Florida man charged with the murder of teenager Trayvon Martin, works with his criminal defense team in hopes to be reassigned to a different judge. Zimmerman’s lawyers argued that their client feared he could not get a fair trial before Seminole County Circuit Judge Kenneth Lester.

Judge Lester revoked Zimmerman’s $150,000 bond in June and later increased it to $1 million, after being told by prosecutors that Zimmerman and his wife failed to disclose more than $150,000 they received from public donations at the bail hearing. Judge Lester explained that he acted without punitive intent and that the bond increase was to assure that Zimmerman and his wife would not flee the United States if Zimmerman were released. The judge states, “Notably, together with the passport, the money only had to be hidden for a short time for him to leave the country if the defendant made a quick decision to flee.”

Zimmerman’s defense team was unsuccessful in their July request that Judge Kenneth Lester recuse himself. According to the judge, the request was “legally insufficient”. On Monday, August 13, 2012, Zimmerman’s lawyers filed an appeal with Florida’s fifth district court of appeal disputing Judge Lester’s decision not to step aside in this highly controversial case, asking the court to remove Lester from the case.

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June 28, 2012

Police Chief Gets on the Wrong Side of the Law

by Mark Eiglarsh

Police Chief Jeff Tyson of the Lantana Police Department is preparing for an unpleasant legal encounter of his own. After the incident on April 4, Tyson will be having his own day in court. Tyson was operating an unmarked police car on Wednesday afternoon when he rear-ended a sheriff’s deputy from the Palm Beach County’s Sheriff’s Department. After hitting the car, Tyson drove off without a word. The deputy turned on his emergency lights and followed Tyson.

Once on the side of the road, Tyson said, “What do you want? I only bumped into you.” When Boca Raton police arrived to question him about the crash, Tyson was reported to say, “I tapped him in the a**…no big deal.”

Tyson was handcuffed and charged with a DUI and leaving the scene of an accident. When his blood alcohol levels were tested, they came back at three times the legal limit. He was reported to smell strongly of alcohol, and a cup with a red liquid that smelled like liquor was found inside of his vehicle.

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June 18, 2012

Fame Skirts the Law

by Mark Eiglarsh

Mike Tyson, former boxing star, recently told of how he avoiding being arrested for a DUI because the arresting officers were impressed by his fame. He was pulled over while high on cocaine. Though he anticipated big trouble when he saw the police car attempting to pull him over, Tyson was greeted by the grins a couple of boxing fans.

In typical form, Tyson pushed the envelope. He asked the star-stricken officers for a ride—to his drug dealer’s house. Without question, the star-struck officers of the law escorted Mike Tyson to the address he gave them. He didn’t even have his driver’s license, but the police didn’t ask him for identification, anyway.

When the people at the drug house saw Tyson being led in by two police officers, they ran. The officers instructed them to assure Tyson was taken safely home, but he actually ended up walking quite a distance because the presence of police caused everyone else at the house to flee.

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June 5, 2012

DUI leads to 11 year sentence

by Mark Eiglarsh

Angela K. Schultz, 34 years old, was sentenced to 11 years in prison after pleading guilty on March 28, 2012 to aggravated vehicular homicide. She had three previous convictions for operating a vehicle while under the influence. Because she had continued to drive drunk even after she had previously received probation, court ordered treatment and counseling, and jail time; Common Pleas Judge Richard Berens said that Shultz deserved to receive the maximum sentence. She will receive an additional 3 years because of her pervious convictions.

Schultz caused a head-on crash while driving drunk, taking the life of a young mother in 2011. Sarah K. Renko of Lancaster, Ohio was a single mother who worked part-time, and was devoted to her infant son. One-year-old Randall James Renko was also in the car. He was safely ensconced in his car seat, and survived. Sarah Renko’s parents are raising Randall. They were present at the trial, as was 18-month-old Randall, who is now saying his first words.

If you are arrested for driving under the influence, do not make the mistake of taking it lightly. Even if it is your first offense, being found guilty of a DUI will be on your permanent record. Some think that the law goes easier on first-timers, but a first-time conviction for a criminal charge like DUI will follow you. It will mean that prospective employers, licensing departments and lenders will all be aware that you have been convicted of a crime.

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May 25, 2012

Confusing Custody Case

by Mark Eiglarsh

Warren Jeffs of Salt Lake City is involved in a rather confusing child custody case. Jeffs has nine children with his wife, Amy, who is a member of a polygamous sect of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. Jeffs, who has been thrown out of the cult for the third time, is now filing for divorce. His half brother had also filed a child custody case on his behalf, but it has been dismissed.

Wallace Jeffs’ attorney, Robert Hoole, spoke about the case. “IT was just a re-shuffling of the cases, not a dismissal on the merits,” said Hoole, of Salt Lake City.

After Wallace Jeffs was seriously injured in a car crash, the case was delayed. Attorney for Amy Jeffs says that they custody issue will be handled as part of divorce proceedings.

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