September 2009 Archives

September 30, 2009

Sex Offender Gets Life in Prison

259_art_prison_life_small_over.jpgA Hollywood man has been sentenced to life in prison for a sexual battery conviction on a child under the age of 12. The defendant and former friend of the victim's parents, 52-year old Kenneth O'Brian, stayed at the home of the victim for a period of time. In September 2008, the father of the victim allegedly walked in on a naked O'Brian in bed with his son.

The defendant denied all of the allegations and pled not guilty to the six counts of sexual battery on a child under the age of 12. The State had no DNA or forensic evidence, but did have the witness testimony of the victim's father who walked in on the act. The Court convicted O'Brian and sentenced him to life in prison.

Pursuant to Florida Statute 794.011, sexual battery on a victim under the age of 12 is considered oral, anal or vaginal penetration by another. This definition also includes the use of objects by an offender. The crime of sexual battery on a child 12 years of age or under is a very serious felony offense. If convicted, the defendant will receive a mandatory minimum sentence of life behind bars.

 

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September 25, 2009

Four Men Arrested in Jewelry Store Felony Burglary

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Four suspects have been taken into custody for the burglary of Anthony's Fine Jewelers in Stuart. The suspects are accused of gaining access to the jewelry store by breaking through the roof of the neighboring automobile shop. The men, 43-year old Pedro Nunez, 53-year old Antonio Garcia, 23-year old Juan Reyes-Hernandez and 43-year old Florencio Hernandez, broke through the connecting wall of the businesses, however, could not break open the jewelers safe.

An alarm had been set off during their entry and police arrived on the scene. The suspects had no time to flee and subsequently arrested. The Martin County Sheriff's Office found the men and their two cars parked next door in the Hampton Inn Parking lot. A search of the vehicles revealed gloves, radios, cutting torches, flashlights, compact compressor, jackhammer and a grinder. All four men were also covered in dry wall dust.

 

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September 23, 2009

Miami OBGYN accused of Sexual Battery on Three Girls

ogyn.jpgA Miami area gynecologist has been charged with sexual battery on three minor victims. The accused, Dr. Hamilton Monteiro, has been practicing at Global OBGYN on Pines Boulevard and North Palm Avenue in Pembroke Pines for in the past two years. The victims came forward two years after the incidents have allegedly taken place.

The victims' ages at the time of the sexual offenses were 9, 10 & 11 years old. Dr. Monteiro is accused of trapping one victim in a bathroom and forcing her to perform oral sex on him and then watched her take a shower. The second victim claimed the doctor restrained her and then touched her inappropriately. The third and youngest of the victims stated to police that the defendant forced her to watch pornography.

 

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September 20, 2009

Teen with Seizures Found with 19 drug balloons in his System

plane_23.gifDoctors discovered 19 drug filled balloons inside a teen after he suffered multiple seizures inside the Miami airport. The teen, 18-year old Joseph Wilco, was on a layover in route to return to New York after a trip with his father in Ecuador. Wilco did not make his connecting flight because he collapsed with seizures. Medics transported him to Jackson Memorial Hospital.

Doctors could not find the cause of the teen's seizures until Wilco's mother suggested that they x-ray her son's stomach. The physicians found 19 cocaine and heroin filled balloons inside the teen's intestines. Wilco had attempted to smuggle the drugs inside the United States when something went wrong.

Wilco's father whom he was visiting in Ecuador is a convicted drug dealer. The United States had deported the father back to Ecuador. Wilco remains inside the Intensive Care Unit and is unable to breathe on his own. There is no prognosis on his condition and no information on whether criminal charges will be filed against the teen.

 

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September 15, 2009

Attorney Musca Comments on Video Voyeurism

Thumbnail image for cameraphone.jpgAt a North Miami-Dade department store a man was arrested and charged with video voyeurism, where he can face up to one year in jail.

A 34 year old male was caught using his cell phone to record video images of women in dressing rooms and various other videos where he had filmed women up their skirts, known as "upskirting." Upskirting is where a picture is shot from below, looking up a woman's skirt.

With the insertion of cameras into cell phones and the freedom of the internet, video voyeurism has become a popular way to exploit those that would not otherwise agree to be photographed in an inappropriate way.

In the state of Florida voyeurism is prohibited when it is committed either with or without the use of a device to record, transmit, or store images of another person.  As provided in Section 810.14, F.S., a person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.  The first conviction of voyeurism is a first-degree misdemeanor, which is punishable by a term of imprisonment not exceeding one year and a fine of not more than $1,000.  Any subsequent conviction is a third-degree felony, which is punishable by imprisonment for up to five years and a fine of not more than $5,000.

Representing those accused of DUI and other criminal offenses is what we specialize in at the Law Offices of John Musca.  If you or someone that you know has been arrested and charged with a criminal offense you need the best Miami lawyer that you can find to represent you and your legal needs.
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September 9, 2009

Woman Extradited to Miami to Face Drug Trafficking Charges

ecstacy-1.jpgThe first accused criminal to be extradited from Denmark into the United States will face charges in Miami this week. U.S. Marshalls arrested the defendant, Camilla Broc, in her home country of Denmark. She will face Federal Court on felony charges of importing MDMA or "ecstasy" pills into Miami.

Broc had been under investigation for smuggling drugs from June 1997 through February 1998. Over ten years later, authorities from the Drug Enforcement Administration field office will finally press charges against the defendant. The federal government stressed that no amount of time will prevent the arrest of accused drug traffickers.

 

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September 6, 2009

Attorney Musca Discusses Violence at Town Hall Meetings Over Healthcare Debate

meetings.jpgHealthcare reform has been at the top of the headlines over the past couple of months. Local governments have hosted town hall meetings to engage its residents in the debate and Miami has been no different. However, at a protest on the issues a man decided to strike another with opposing viewpoints.

The Defendant, 56 year old Raul Anasagasti, allegedly pulled his truck up to a group of protestors supporting healthcare reform. Words were exchanged with the victim, 65-year old Luis Perrero. Anasagasti is accused of then punching out the elderly man. Perrero lie unconscious for a period of five minutes.

During the altercation, bystanders removed the defendant's keys from his running vehicle to prevent him from leaving the scene. Miami Police were called to the location and arrested Anasagasti on charges of battery on a person 65 years of age or older. The defendant claims his innocence and that he acted in self defense.

 

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September 4, 2009

Former Coral Springs Teacher enters plea in Sexual Battery Case with Student

teacher student.jpgA former Coral Springs High School teacher has entered a plea in the sexual battery case against him. The once English teacher pled no contest to the charge of sexual battery on a minor victim between the ages of 12 and 17. The defendant, 42-year old Noygel "Tony" Massop, is accused of having a yearlong sexual relationship with 16-year old student. The alleged relationship took place between October 2007 and November 2008.

The parties allegedly had sex in Massop's locked classroom, in the boys' locker room, in a grassy area outside school and at the teacher's home. Massop admitted to the sexual relationship in a police recorded telephone call with the victim. In addition to teaching at Coral Springs High, Massop coached the J.P. Travella High School Boys' Basketball team. He has no criminal history or known disciplinary complaints within the schools.

 

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