Couple found guilty of having sex on Florida beach

[DGuller]

Now that's a story that has pretty much everything for critics of American justice system.  Publicity-seeking prosecutors, ridiculous sentences, abusive plea deal system, sex offender registry, and children, the children.  And Mitt Romney thinks that Hillary was completely off base in her probably half-hearted and empty call to stop "mass incarceration"?

Couple found guilty of having sex on Florida beach

A jury Monday found a couple guilty of having sex on Bradenton Beach after only 15 minutes of deliberation.

The convictions carry a maximum prison sentence of 15 years.

Jose Caballero, 40, and Elissa Alvarez, 20, were charged with two counts each of lewd and lascivious behavior for having sex on a public beach on July 20, 2014.

Video played in the courtroom during the 1- 1/2-day-long trial showed Alvarez moving on top of Caballero in a sexual manner in broad daylight. Witnesses testified that a 3-year-old girl saw them.

Both Caballero and Alvarez will now have to register as sex offenders.

A sentencing date was not announced, but Assistant State Attorney Anthony Dafonseca said they will pursue a harsher sentence for Caballero than Alvarez, since Alvarez has no prior record and Caballero has been to prison for almost eight years for a cocaine trafficking conviction.

The state will ask for jail time for Alvarez and prison time for Caballero. Dafonseca said due to Caballero being out of prison less than three years before committing another felony, he's looking at serving the maximum time of 15 years.

"We gave them a reasonable offer, what we felt was reasonable, and they decided it wasn't something they wanted to accept responsibility for," Dafonseca said. "Despite the video, despite all the witnesses."

Ronald Kurpiers, defense attorney for the couple, said his clients were "devastated," by the verdict. Though Dafonseca hinted that they'd be speaking with the judge about whether or not 15 years was appropriate for Caballero, Kurpiers said the judge would have no discretion.

"That's what he'll get," Kurpiers said.

Ed Brodsky, elected state attorney for the 16th judicial district, joined Defonseca in prosecuting the case. When asked why the case was an important one to the state attorney, Dafonseca said it was important that the community knew what wouldn't be tolerated on public beaches.

"We're dealing with basically tourists, that came from Brandon and Riverview and West Virginia, and they're here on the beaches of Manatee County, our public beaches," Dafonseca said, referring to the witnesses. "So you want to make sure that this isn't something that just goes by the wayside. And that it is well known to the community, what will be tolerated and what won't be."

Family members of the couple defended the two outside the courthouse, saying the crime did not deserve this kind of attention.

"He's a great person," said Caballero's mother of her son, declining to give her name. "There are other things out there we need to worry about, and they're still loose, people who have done worse stuff."

"She's an 18-year-old woman, with a 40-year-old man," said Carlos Alvarez of his daughter Elissa Alvarez. "I always say women can be better than men ... but they fall in love, and they make a lot of mistakes."

Family members who witnessed the act and a Bradenton Beach police officer, as well as Caballero, testified in the case. The defense argued that the two weren't actually having sex, but that Alvarez had been dancing on Caballero or "nudging" him to wake him up.

"She wasn't dancing," Dafonseca said during closing arguments. "It's insulting your intelligence to say that she was dancing."

Kurpiers said since the witnesses had not seen genitals or penetration, and neither was visible in the video, either, that saying the two had sex was speculation.

"You folks cannot speculate," Kurpiers told the jury. "And in order to say they had intercourse, you would have to speculate."

Brodsky said they weren't calling it the crime of the century, but it was still a violation of Florida law.

"Did they try to cuddle, or do it discreetly? Did they go in the water, where people couldn't see?" Brodsky asked the jury. "Did Ms. Alvarez try to drape a towel over herself, or anything? They didn't care."

Read more here: http://www.miamiherald.com/news/state/florida/article20191164.html#storylink=cpy

[garbon]

I hope the sex was worth it.

[Syt]

Without going into the question of whether or not having a sex offender registry is a good idea - if this is the stuff that gets you on it, the list becomes pretty useless when it comes to gauging whether someone is a dangerous sex criminal.

[Ed Anger]

I only pay attention to the tier III sex offenders anyways.

[Caliga]

But pretty useful in ensuring someone never obtains gainful employment again.

..and for the record, I'm strongly opposed to lifelong offender registries.  If you're not going to allow someone to be a functional, productive member of society, then just keep them in prison.

[Berkut]

But Syt, it is still useful to demonize and ostracize people. And us humans really like doing that, so it serves an important purpose.

[Syt]

Also, I find it interesting that the guy could get more jail time for this than for his cocaine smuggling. How does sentencing work in Florida? I guess he wasn't on parole, so how does jail time for a completely unrelated crime factor into this?

[DGuller]

Without going into the question of whether or not having a sex offender registry is a good idea - if this is the stuff that gets you on it, the list becomes pretty useless when it comes to gauging whether someone is a dangerous sex criminal.

Has it ever been its purpose?  Americans just have this very dangerous tendency to identify people they don't want to be part of their society, and then hit them hard with any means at their disposal.

[Barrister]

But pretty useful in ensuring someone never obtains gainful employment again.

..and for the record, I'm strongly opposed to lifelong offender registries.  If you're not going to allow someone to be a functional, productive member of society, then just keep them in prison.

I'm strongly in favour of lifelong offender registries.  I mean we have several already - fingerprints, DNA...

It's making them public that I question.

[grumbler]

But pretty useful in ensuring someone never obtains gainful employment again.

..and for the record, I'm strongly opposed to lifelong offender registries.  If you're not going to allow someone to be a functional, productive member of society, then just keep them in prison.

I'd favor sending them to some lawless island in the South Pacific and filming the resulting violence for a reality TV show.  Prison is too expensive.

[grumbler]

Also, I find it interesting that the guy could get more jail time for this than for his cocaine smuggling. How does sentencing work in Florida? I guess he wasn't on parole, so how does jail time for a completely unrelated crime factor into this?

The assumption appears to be that once one is shown to be morally degraded, they should be hammered as hard as possible, even if the crime is fairly trivial.

[Caliga]

I'm strongly in favour of lifelong offender registries.  I mean we have several already - fingerprints, DNA...

It's making them public that I question.

Ok, I should have qualified my statement... yes, I agree they should not be available to the general public/employers, etc.

[Martinus]

Why do conservatives fear sex so much?

[The Brain]

America is stupid.

[Martinus]

I hope the sex was worth it.

Would you say the same thing to the gay teenagers hanged in Iran few years ago? Because that would make you as douchebaggy.