A Florida fitness trainer, Elissa Alvarez, 20, and his girlfriend, Jose Caballero, 40, have been found guily in a notorious case where they were filmed having sex on a public beach in front of families with children. There is general agreement that Alvarez and Cabellero were disgusting and shocking in their conduct. There is little debate that they deserved to be arrested for lewd and lascivious exhibition, particularly with a videotape and calls to the police. However in a move that has become all-too-common , the prosecutors are set to punish the couple for not pleading guilty by pushing for an absurdly draconian sentence against Caballero of up to 15 years in jail.
Keep in mind that both Alvarez and Cabellero will have to register as sex offenders — a huge penalty that comes with social stigma and living restrictions. There is no need for a lengthy jail sentence. These two have been widely (and legitimately) called low-life pigs.
The two decided to go to trial despite the videotape and eyewitness testimony. They both insisted that they were not actually having sex. While it was a weak defense case, they have every right to seek a verdict. However, prosecutors now take the view that if they demand for a plea is ignored, they are relieved on any further duty to be reasonable and just in their indictments and sentencing arguments. I have seen this happen over and over again. It is vindictive and retaliatory against those who want to go to trial. I have had prosecutors tell me that “this is how the game is played” — you defy the state on a plea and they throw the book at you. However, the result is clogging our jails with excessive sentences and maintaining a crippling threat against those who simply want to seek a verdict on their charges. Assistant State Attorney Anthony Dafonseca voiced the same lack of any responsibility in seeking the maximum sentencing – blaming the couple the heavy potential sentence for seeking a trial: “We gave them a reasonable offer, what we felt was reasonable, and they decided it wasn’t something they wanted to accept responsibility for.”
Caballero is in the worst position because he served in the past for trafficking cocaine.
Once again, the conduct of these two deserves serious punishment, but 15 years? What do you think?
Wouldn’t it be relevant to have some idea as to what was actually offered to these individuals in terms of a plea agreement? Maybe the offer, by the prosecutor, was so out of line or harsh, at least according to the defendants, that they decided to take their chances and roll the dice with a trial. The film, of them, getting down in the sand, sure isn’t going to help their respective cases. No mention of any attorneys representing either Elissa or Jose. Sure hope, for their sake, they aren’t going to take on these charges pro se. Also no mention of the specific county in which this is occurring. That, alone, is often quite relevant.
@Nick Spinelli, The only one that brought up “Cop hatin’ and US hatin'” was you. Everyone in this country is entitled to a trial by jury. To retaliate against someone for asking for a jury trial is both common and wrong.
According to the Florida Department of Corrections, prison costs 20K per prisoner per year. Sending either one of these people to jail for 15 years is writing a check for 300K. 90 days, a 10K fine and 500 – 1000 hours of community service would make a lot more sense for the community and the taxpayers of Florida.
Making this couple register as sex offenders also makes no sense. A sex offender registry’s purpose is to protect the community from sexual predators. When you add people like these, or for that matter, teenagers caught doing it in the back of a car down a dirt road, it dilutes the value of the registry.
“Haters gotta hate.”
Cop hatin’ and US hatin’ on a thread about sex on a beach. JT has activated all haters lately. That’s the problem w/ forums like this. You can inflame the haters, and then the blog goes into the sh!tter. Seen it elsewhere.
I would interpose the time honored defense of pork em when you gottem. This will sell with a Florida jury. Someone needs to follow the prosecutor around and video him doing something wrong. He needs to pull out of this case like his father should have.
Just the kind of savage sentence you’d expect for similar not-really-crimes in, say, Dubai.
http://news.bbc.co.uk/1/hi/world/middle_east/7673046.stm
Oh wait…
They do that in Kuwait, and Saudi Arabia, don’t they? Which country is influencing which country?
So they were found guilty.
I haven’t seen the video yet.
Beyond a reasonable doubt?
Get an editor or proof reader.
re Florida get an editor or proof reader.
Physical decency is overrated anyhow. Plenty of children on naturist beaches. Wouldn’t they know what sex is? The Clinton reference is a nice one.
“Alvarez, 20, and his girlfriend Caballaro, 40”; sounds like a war on cougars.
Fifteen years is an excessive sentence for this type of crime. Hopefully the judge will see through the prosecutor’s zeal and hand down a reasonable penalty if convicted.
Ninety days & $10,000, each.
Next case.
Good observation Mr. Turley. Their trial should be about level of guilt or complete innocence. And if found guilty, equally treated as if it was the Judge who was being charged. I’m sure the Judge wouldn’t mind considering what this sentence would do to his/her life if the shoes were reversed. And correct, this couple are way past exhibitionists when doing lewd acts in front of children. Of course, parents that stick around and allow this to go on in front of their children is another matter…
Some cops are getting away with murder, while these horn dogs get jail time? What is wrong with our priorities ?
I wonder what the plea deal, offered to these two, contained? Was it some community service? Probation? An amendment to a different charge?
Whatever the punishment, they should both get the same sentence. The drugs should have nothing to do with this sentence. And they may be right. Using the Clintonian definition of sex, maybe they were not engaging in sex.
Elissa and his girlfriend Jose?
Lol! Is this another transgender story?
Sheesh, get a room.