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?
The sentence was excessive, as is the sex offender registration. That registry should be for sexual predators, to help keep the public safe, not for those who pee in public or engage in “indecent exposure.”
It was inappropriate for them to have sex on a beach in broad daylight in front of families with children. You’d expect that in Havasu during Spring Break, not the beach. There are other venues for people who want to exhibit. I assume the families left and none of those filming had kids with them.
Indecent exposure, or whatever the relevant code violation, sure, but 15 years is an abuse of the criminal justice system. Plus I don’t know if they were drunk or high, and not in their right mind. I would have expected this to warrant some sort of misdemeanor ticket.
I have seen so many people naked riding on trails here in SoCal. It must be the weather. A couple of times it was while I was breezing my horse, galloping up a hill that appeared deserted, except for the bushes where a naked sunbather was trying to hide.
Karen – I do not understand wanting to do it on sand, to me it is like wanting to do it on sandpaper.
Paul, re sandpaper: Many adult actresses have said exactly that.
Isaac, Your hero Bubba was Mr. Law and Order. He pushed through the death penalty for Federal crimes. You are a caricature when it comes to Republican Democrats. It just doesn’t compute w/ you that Dems can be as ruthless and pandering as Republicans. Your boys Obama/Holder have been MUCH more aggressive in prosecuting cannabis laws in Colorado and California than Bush was. This is not even debatable. Obama’s US Attorney here in San Diego closed ALL the dispensaries in San Diego. Bush and his Justice Dept. pretty much left California alone regarding medical cannabis. I know this does not compute in your head. But these are the facts. Deal w/ it.
@MarkK
Oh, why did I just knoooowww that you would be OK with this sort of stuff???? Which, you probably have company in this, sooo this is an Irish Poem for that sort of person.
The Watchmen???
An Irish Poem by Squeeky Fromm
There once was a dirty old man,
Who loved watching sex in the sand!
He often would bellow
“Annette Funicello!”
Before he hmmff hmmffed* in his hand!
Squeeky Fromm
Girl Reporter
(*Hey, it’s a G rated place, sooo I have to keep it clean!)
People who like to watch other people having sex are not “dirty.” Just as a guideline, people who discriminate against others because of their race, religion or sexuality are “dirty.” People who start wars are “dirty.” People who suck up to the rich and discard the poor are “dirty.” I have other examples if you’d like.
Ban them from beaches in Florida for one year. Make them apologize to anyone who was there to see what they did. If he was on top and she was on bottom then determine if it was consensual. If she was on top and he was on bottom then assume that it was consensual but that count how many up and downs there were in order to judge them according to the law of the interstate sex syndrome. If they were on the East Coast of Florida then the offense is less than if they were on the West Coast of Florida- particularly if the sun was going down on them. If they used a condom then there should be fair positive consideration in their favor for that. If they wore diving wet suits then it should not be a crime at all. That is the “no skin no sin” ruling in the case of State v. Porkinsal.
Years ago in the late 60s a friend and I were invited to an orgy. I declined but he went. I asked him later what it was like and he said disgusting. Another friend, not too long ago, followed a career in photography, through sports to porn. He also said that it was weird and somewhat disgusting. I think that without the music, camera work, and lighting, it is probably somewhat disgusting, unless of course you are snuggled up in your bed with your loved one and in comfortable privacy. These two should simply be fined for being disgusting. Fifteen years is well beyond draconian. The judge and the prosecution should get fifteen years in ‘The Valley’.
Isaac: As this list’s resident porn industry member, I’ve been watching people have sex, both live and on tape/disk/CD/Web, for 31 years, and I’ve yet to see a consensual coupling (or even orgy) that I would describe as “disgusting.” Apparently you’ve watched porn in your personal life but don’t think sex should happen in public spaces. That’s your taste; others, myself included, may differ.
Darn html stuff!!!!! Let me try it again. Fuming!!!
Oh, this is such a fun topic I could just Irish Poem all day long!!!
Sooo, maybe here is a good defense, for one of them???
A Little Peach, and Quiet???
An Irish Poem by Squeeky Fromm
When the waitress asked, “Sex on the Beach???”
“She means booze!”, thought the innocent teach!
His cup of libation. . .
Was her copulation
As for etiquette – – -oh what a breach!!!
Squeeky Fromm
Girl Reporter
This is a popular Sex on the Beach and what is most likely the original.
Popular substitutes include using pineapple for the orange, or Midori & Chambord instead of schnapps.
Scale ingredients to servings
1 1/2 oz vodka
1/2 oz peach schnapps
2 oz cranberry juice
2 oz orange juice
Add vodka and peach schnapps to a highball glass over ice. Fill with equal measures of cranberry juice and orange juice, and stir.
http://www.drinksmixer.com/drink583.html
Oh, this is such a fun topic I could just Irish Poem all day long!!! Sooo, maybe here is a good defense, for one of them???
A Little Peach, and Quiet???
An Irish Poem by Squeeky Fromm
When the waitress asked, “Sex on the Beach???”
“She means booze!”, thought the innocent teach!
His cup of libation. . .
Was her copulation
As for etiquette – – -oh what a breach!!!
Squeeky Fromm
Girl Reporter
This is a popular Sex on the Beach and what is most likely the original. Popular substitutes include using pineapple for the orange, or Midori & Chambord instead of schnapps.
Scale ingredients to servings
1 1/2 oz vodka
1/2 oz peach schnapps
2 oz cranberry juice
2 oz orange juice
Add vodka and peach schnapps to a highball glass over ice. Fill with equal measures of cranberry juice and orange juice, and stir.
http://www.drinksmixer.com/drink583.html
“Ya Got Trouble”
Mothers of River City!
Heed that warning before it’s too late!
Watch for the tell-tale sign of corruption!
The minute your son leaves the house,
Does he rebuckle his knickerbockers below the knee?
Is there a nicotine stain on his index finger?
A dime novel hidden in the corn crib?
Is he starting to memorize jokes from Capt.
Billy’s Whiz Bang?
Are certain words creeping into his conversation?
Words like, like ‘swell?”
And ‘so’s your old man?”
Well, if so my friends,
Ya got trouble,
Right here in River city!
With a capital “T”
And that rhymes with “P”
And that stands for Pool.
We’ve surely got trouble!
Right here in River City!
Remember the Maine, Plymouth Rock and the Golden Rule!
Oh, we’ve got trouble.
We’re in terrible, terrible trouble.
That game with the fifteen numbered balls is a devil’s tool!
Oh yes we got trouble, trouble, trouble!
With a “T”! Gotta rhyme it with “P”!
And that stands for Pool!!!
Frankly, I do not commend the couple for their actions, although not for the reason of decency for itself. The sole fact that it could be disturbing for some people should be reason to abstain. However, I smell a lot of hipocracy here. Apparently, a whole lot of people were not shocked enough to remove themselves from the spectacle and even made a movie out of it. Then, as a thanks for the free exhibition, they phoned the police. Duh.
R H: Yeah, the hypocrisy of filming something that is essentially harmless and then turning it in to the police says much more about the filmer than the filmed.
First, from the link:
From above,
Thank you for this post. DAs often seem ‘vindictive and retaliatory’ to me when I follow crime stories. I usually think of it as spite as well. And if the prosecutor can get the jury angry enough, in states where juries pass sentence, they will impose the maximum.
I prefer not to live where a police force feels the need for a SWAT team, but even if you avoid that, it’s unnerving to think that through a series of mistakes or misunderstandings you could have the book thrown at you by a DA’s office.
Here you can smile, amused, at the thought of a law-abiding woman in her 60s getting in that kind of trouble; I come to a full stop at stop signs, for example. And just recently my husband and I treated a policeman we’d never seen before to his coffee at Starbucks. But my point is that I used to have more trust than not in what we call the justice system, and now I have more fear than trust because of overkill in charges and mistakes made by SWAT and other invasive police activities.
I’m confused as to why you think this couple deserves to be punished. It’s a public beach; anyone can use it, and sex is exactly the activity that PRODUCES the families that claim to be upset at seeing that means of production. Of course, if they are upset, they can go elsewhere on the beach, but as far as I can tell, the couple having sex wasn’t invading anyone’s “zone of privacy” or interacting with anyone else in any way. These people don’t deserve a court appearance; if anything, they deserve a commendation.
markkernes – I think the couple forgot to put out signs saying “Trigger Words in Action”
That should be my brother and I being pre teens. Sorry. Not clear.
Plenty of children on naturist beaches. Wouldn’t they know what sex is?
Ah HA!!! one that I can comment on with authority. My parents were nudist and we were frequently at nudist camps and for a while owned a cabin in a lovely camp in the Santa Cruz mountains. Up until the age of about 12 I was often at naturist/nudist camps. After that age, my parents left us home because my brother being burgeoning teens really would rather do something else anyway.
As a children we saw lots of naked people. Let me tell you, the average nude body is nothing much to brag about. Really. It was no big deal.
However, at the nudist camps, there was a rather strict protocol that people adhered to. Rules of conduct and privacy concerns were serious. People were there to sunbathe, read, nap in the sun, swim and relax. Plus…..there is nothing quite as wonderful as being able to swim nude and not have to wear a wet gross bathing suit when you get out.
What people did in the privacy of their cabin or other areas …..not anyone’s concern. However, if they ‘acted’ up, acted sexually in public or inappropriately, they were summarily ejected from the place. In addition, while people were nude on the beach or elsewhere, generally, we dressed casually for dinner in the lodge. No one wants to sit on a chair in a restaurant ( or anywhere else) where your naked butt had been. ICK!!!. Common courtesy and hygiene.
So……even though you are at a nudist camp, sex was the last thing you would be seeing. No orgies…..at least in public 😉
People should act with the same decorum in a public area as they would be held to in a nudist camp. The sentence for these dopes does seem excessive to the infraction though.
Nick, There is ONE mention of cops, related to the death in Philly. I don’t think that’s “cop hatin'”. As far as “US hatin'” goes, criticism of the sentence isn’t, IMO, “US hatin'”. There was quite an outcry when a couple were arrested in Dubai for something similar, without the presence of 3 year olds. The end result there was a 3 MONTH prison sentence, that was suspended (and the perps were deported) after the news coverage died down. Dubai isn’t my idea of a free society, but it’s starting to look like maybe it’s freer than Florida.
I wasn’t surprised to see your comment about Obama’s Justice Department. Clearly, you weren’t paying attention before that. Remember Alberto Gonzales? Most of the way this stuff is done is determined by a staff that doesn’t change when the top guy in a U.S. attorney’s office changes. Except on high profile cases.
Nick
This problem in the justice system has been around for many administrations and is no worse under Obama and Holder than it was under Nixon, Reagan, or Bush. In fact the precedents were set under Nixon and Reagan with their absolute and ignorant approach to crime in this country. The people doing a 150 years for dealing Cocaine, once, came from Reagan and Nixon. The justice system, as with so many segments of the US government, is independent enough from the Presidency that it has its own momentum and direction. Reflect back to the time of the Kennedys and their grand moves to go against the ‘laws of the South’.
If you want to criticize an administration, pick specific things that have ended in disaster. Try the midget cowboy and the other two stooges: Afghanistan, Iraq, economy, etc. This can be seen by the level of incompetence and the capsulation through time. Wait until Obamacare has failed and not simply faltered. Wait until the other stuff can be objectively compared and contrasted with other administrations. Then rant and rave. Right now you seem to have a wild hair up your nose, or another orifice.
It’s natural for human beings to urinate and defecate, as well. Do you also allow that, in broad daylight, unobstructed, on a public beach? If so, I’m moving my towel on the sand. Give me a heads up as to when your performance is going to begin. I think I’ll pass.
Insane society goes ballistic over natural human behavior. So, what’s new?
Prosecutors, unfortunately, will often take a decision to reject a plea deal, offered by them, quite personally. It shouldn’t happen, but it does.
This happened years ago, but I’ll never forget it. I represented an elderly and destitute woman in a case involving some housing violations in the local county court. By the time that I entered on behalf of this person, the prosecutor had become frustrated by the seemingly never ending frequent and numerous housing violations, which resulted in an ongoing series of court dates over the years. While the woman didn’t actually live at the property and couldn’t afford the tens of thousands of dollars needed to bring the home up to code, she claimed that she held on to the property for sentimental reasons. She had once raised a family there. Years of unpaid property taxes, along with the inability to correct the pages problems and violations, not to mention the fines and costs by the court, finally convinced my client to sell the house. She had steadfastly refused to do so for years. When I questioned the prosecutor about greatly reducing the thousands of dollars in fines and court costs if, in fact, the property was sold, she stated that she would make drastic reductions in those fines and court costs if that sale occurred. The prosecutor only stated, in quite vague terms, that she first needed to see the sale to determine the resulting balance due, all the while assuring me that I would be quite happy with the outcome. When proof of the property’s sale was furnished to her, she then declared that my client needed to be punished for taking so much of the court’s time over the past few years and refused to reduce any fines or court costs.
Yep, I still remember it. The prosecutor had taken the struggles, that this defendant endured involving her property, as a personal affront. End of the story: I rejected the thousands in fines and costs, still being demanded of my client, and requested a blind plea, before the judge. After hearing both of our arguments, he sided with me and dismissed all charges against my client.
PragmaticBob, Apparently you do not read all the comments. There are hatin’ on cops and the US comments prior to mine. Do your homework.
We agree the prosecution technique of retaliation by a prosecutor for demanding a trial is despicable. You should know the Obama Dept. of Justice, via their US Attorney’s offices, employ this practice more than any other prosecutorial authority. Now, to be fair, the Dept. of Justice has always employed this unrighteous tactic. But, Obama/Holder have given it the Chicago touch.