HomeMy WebLinkAboutM-80-02971 1 j •
r!`iiC�•J�f=lL'1 .'"'Lti•l�li�r'�rl�l[iU.1
• J . , 11. I 1 1 i • CI '•
Angela R. Bellamy
APR 18 1980 L I A 2-2
Asst. to City Manager
F,Rom I Kenneth I. Harms
Chief of Police
-ud Mr. Woodnick's Presenta-
tion to City Commission
RLFERENCE:S
•:NCLOt;UNl G
Under the Comprehensive Crime Prevention Project, citizen groups
were formed in nine area communities within the City. The groups
were formed to work with the police on area police related prob-
lems and concerns. Mr. Woodnick helped form and was elected
Chairman of the Little River area community group.
Mr. Woodnick and other area residents are extremely concerned
with the prostitution and pornography problem that is plaguing
the Little River area. The group is not displeased with the
Police Department or the City government's response, but feels
additional measures are necessary. The perceived lack of appro-
priate judicial response to the cases presented under the City's
prostitution and pornography ordinances, has led them to believe
that additional enforcement tools and avenues of approach may
bring about better results.
Mr. Woodnick's recommendations are:
I. Pursue pornograph convictions in Civil Court within the
parameters of the public nuisance statute - the designa-
tion of a business as a public nuisance because of
previous criminal conviction and its subsequent closing
would require a legal opinion as to its feasibility.
2. Hire an attorney specialized in this area of law to
develop cases against the nine businesses - the presenta-
tion of the Civil cases would probably not require an
attorney with special qualifications, only the assign-
ment of an Assistant City Attorney.
3. Have the attorney work with the Special Investigation
Section (S.I.S.) Officers - S.I.S. has the criminal
case file information on all the businesses and could
contribute first-hand background information.
80-297
Angela R. Bellamy SUBJECT: Mr. Woodnick's Presenta-
Asst. to City Manager tion to City Commission
Page 2
4. Have an attorney re -write and improve existing pornography
laws - the existing pornography statutes and ordinances have
sufficient enforcement provisions. Mr. Woodnick is probably
referring to mandatory sentencing provisions to be added to
the existing ordinance.
S. An attorney to develop and write a law with a substantial
fine, applicable to owners who knowingly rent houses, etc.,
for the use of prostitution - S.I.S. has been working with
the State Hotel and Restaurant Commission on the revocation
of licenses where cases are developed. An ordinance against
owners of places used for prostitution would be difficult to
enforce because of proving personal knowledge.
Mr. Woodnick is trying to improve the quality of life in this commu-
nity and is very sincere in his efforts to bring about the necessary
changes.
KIH:gp
15
r
or,
COMPREHENSIVE CRIME PREVENTION
Northeast Area Sub -Council
P.O. Box 381362 / Miami, Florida 33138
April 1, 1980
Mr. Joseph Grassie, City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Mr. Grassie: RE: Pornoqraphy and prostitution up -date
and recommendations for Commission
Action. Time Required: 10 minutes
When: April 10, 1980 Commission
Meeting.
The requirements of the Law Enforcement Assistance
Administration Grant to the City of Miami dictate that citizens,
through area sub -councils, participate in addressing crime re-
lated problems by coordinating and utilizing available resources
such as the City Commission.
I will appreciate you including me on the schedule for the
next Commission Meeting and advising me of the approximate time.
JEW:mb
Very truly yours,
J seph E. Woodnick, Chairman
A Citizens Volunteer (P.A.C.) Public Assistance Council 8 0 _ ,7
COMPREHENSIVE CRIME WMION PROGRAM
Northeast Area Sub -Council
P.O. Box 381362 / Miami, Florida 33138
March 26, 1980
Mr. Mayor, Commissioners, Mr. Grassie.
Thank you for this opportunity to present the public's views and
to make reccomendations regarding the present pornography and prostitution
situation in the City of Miami and other areas in Dade County.
My name is Joe Woodnick, Chairman of the City of Miami Comprehensive
Crime Prevention Program, Northeast - L.R. Area Sub -Council. Public
notification of this program was made at Claude Pepper Towers on
October 20, 1979 and was attended by you, Mr. Mayor, Commissioner
Plummer, Congressman Pepper, Chief Kenneth Harms, Major Clarence Dickson,
director of this program city wide, and others, including this person.
To refresh everyones memory on the concept of this program, it is a
$270,000.00 grant from the Law Enforcement Assistance Administration with
$30,000.00 in matching funds from the City of Miami. These funds could
only be granted by L.E.A.A. with written endorsement for the grant
signed by Mayor Maurice Ferre.
The grant is designed so that citizens of each target area,
Northeast -Little River, Edison, Allapattah, Little Havana, Coconut Grove,
Wynwood, Culmer, Downtown and Model City, would identify crime related
problems, partake in decision making on how to address the problems and
utilize all resources available to solve them by co-ordinating efforts.
This commision, of course, is one of the resources.
The problem, identified by citizens of this community, is that
indiscriminate abuse of judicial discretion by judges and many defendants
not fined or penalized as legally allowed, determines that the problem
should be addressed in another manner.
Regarding prostitution and pornography; statistics, understanding
and examples of the problem are in order.
There were 23 pornographic theatres and book stores operating in
Miami which has been reduced to 9 due to the efforts of M.P.D.'s fine
Special Investigation Section who have done their job so well. The
remaining businesses appear to have unlimited funds with which to contest
charges in court. The closed businesses could not afford this, leaving
in mind the possibility of connections with organized crime for those
remaining.
A Citizens Volunteer (P.A.C.) Public Assistance Council
COMPREHENSIVE CRIME PREVENTION PROGRAM
Northeast Area Sub -Council
P.O. Box 381362 / Miami, Florida 33138
(Cont.) Page 2
The remaining are Gayety Theatres Inc. D.B.A. Pussycat Theatre,
7700 Biscayne Blvd.; Bal Enterprises Inc. D.B.A. Ero's Book Store,
301 N.E. 2nd St.; 25 S.E. 1 St. Corp., D.B.A. Downtown Theatre
(previous corporate name of Downtown Theatre Inc.); Bee Gee Inc.,
D.B.A. 79th St. Art Theatre, 135 N.E. 79th St. and Rex Cinema, 7929 NE
2nd Ave.; Florida Literary Distributors Corp., D.B.A. Rich's News Stand,
180 N.E. 79th St.; 7937 Biscayne Blvd. Corp., D.B.A. Mar-Glo Corp.,
D.B.A. Danny's Book Store, 131 S.E. 1st Ave.; 7839 Corp.,D.B.A. Danny's
Little River News, 7839 N.E. 2nd Ave., and MBF Theatres Inc., D.B.A.
United Theatre, 7829 N.E. 2nd Ave. and as Little Theatre, 184 N.E. 79th St.
The convictions of these corporations and employees presently total
95 with a low of 3 and a high of 37 per corporation. There are 26
pending cases, for a total of 121.
Tax dollars expended to date are incalculable, with more to come,
and the goal of ridding the community of obscenity, under laws written
to let each community decide what is obscene, are not obtaining results.
To illustrate and emphasize the need for pursuit in civil court,
consider the following use or abuse of judicial discretion.
of sixteen (16) recent convictable pornography cases against one
corporation before Judge Deehl, with allowable fines of one thousand
($1,000.00) each, the defense attorney was asked by said Judge what he
was authorized to settle for. After a phone call was made by the defense
attorney, the defense attorney offered a five thousand ($5,000.00)
settlement for these convictable cases. The Judge accepted the defense
offer over objections of prosecution.
The results: The defense and the corporation,ineffect, became the
Judge, and the Judge became a nothing entity. The county coffers also
were shorted eleven thousand ($11,000.00). At a time of projected
deficit of available tax dollars.
Employee defendants of the same corporation were given probation,
with special conditions that they refrain from working at like jobs for
a specified time. At time of arrest in the recent charges, some had not
completed the time frame restriction on previous charges on which they
were on probation. Judge Deehl violated this previously imposed condition
of probation.
A Citizens !Volunteer (P.A.C.) Public Assistance Council
COMPREHENSIVE CRIME PREVENTION PROGRAM
Northeast Area Sub -Council
P.O. Box 381362 / Miami, Florida 33138
(Cont.) Page 3
Another illustration is evidenced by a Miami Police Department
study appearing in the Miami Herald on November 5, 1979. From August
1978 to August 1979 over 23,000 man hours and $475,000.00 was spent by
M.P.D. in making 1,000 arrests to curb prostitution.
The results: Judges Deehl, Klein, Maginnis, Robinette and Rubiera,
who handled these prostitution cases, did not fine one defendent of 140
cases randomly surveyed. A small percentage were given jail time. Nearly
one half million dollars of tax money was expended on arrests and another
approximate one half million dollars in fines could have gone to tax
coffers.
Among responses about Judges being "bleeding heart liberals" and
quote "everyone is going to get the same sentence" Judge Deehl says "you
need a robot, not a Judge. Just push the button". In effect he is the
robot by imposing no fines and legally by passing laws available for his
use. Any grade school student could perform as well.
The Herald article states that these five Judges say"They can't be
swayed by public or police pressure". This miasmatic attitude of Judges,
corrupt attitude if you will, is contemptous of the law abiding public,
and the voters who put these Judges in office. This contempt is trans-
mitted to prostitutes who laugh in the face of our Police Officers,
deteriating their morale and affecting the quality of Police Enforcement
City and County Wide. A very serious problem at this time. You may as
well officially advise that arrests should not be made.
This commission may not be able to address the prostitution problem
at this time, the voters can handle this at the polls, but; you can
address the pornography problem by acting upon the recommendations to
follow, with publicity,strong visible leadership of which you are capable.
The public is saying "We have had enough". Let us not continue this crime
without punishment reputation in Dade County, so well known to all criminals
and those with criminal intent, from school age through adulthood.
The Miami Police Department is performing their job well in spite of
the courts leniency, now let us do our job and exhibit public support of
their efforts.
Recommendations are:
1. Pursue these convictions in civil court within the parameters of
the public nuisance statute and any other state statute or County/
City ordinance applicable.
A Citizens Volunteer (P.A.C.) Public Assistance Council
(Cont.)
COMPREHENSIVE CRIME PREVENTION PROGRAM
Northeast Area Sub -Council
P.O. Box 381362 / Miami, Florida 33138
Page 4
2. Hire an attorney specialized in this area of law to develop
cases against these nine (9) businesses.
3. Have said attorney do so with consultation and co-operation
of knowledgeable officers in Miami Police Department Special
Investigation Section.
4. Have said attorney re -write and improve existing pornography
laws with consultation and co-operation of knowledgeable
officers in Miami Police Department Special Investigation
Section.
5. Said attorney to develop and write a law with substantial fine,
applicable to owners who knowingly rent houses, apartments and
motel/ hotel rooms for use of prostitution.
We ask that these recommendations be acted upon immediately, bearing
in mind that pornography is reaching children of the community and many
rapes and rape -murders may have been caused by this stimuli of the mind
which is carried beyond the premises of these businesses. Pornographic
literature and obscene movies may not be the victimless crime as some
perceive. Neither is prostitution.
The following list of endorsements appendixed is representative
of the public concern.
Thank you for your co-operation.
JEW:ly
Attachments.
44,4 r/�4 - �
Joseph E. Woodnick
Chairman
A Citizens Volunteer (P.A.C.) Public Assistance Council 6
SECTtO.Y B
�" Miami Herat3 �
the
Monday. Nmember :�, 10:9
Grumno Isme
la��Ust.tuten tl'�?Says
..Pint eu !t
By ROBERtA StRt;GGS Save been arrested on prosritution» less than 50 days and $500 fora port concludes. "'he hreakdr�},vr "We get pressure ' om the pc•>pae Rao '`e*. �eve� Ott
«..w saw �,,r related charges since Jasuary Po- third offense. the tem ,..is t re unish- who aye n the area 'of Biscayne aTeverce i.s
hfiami police an ooatroi pros'J- lice say the "SeaC :s on" and suer! Judges are Sot required to follow met ven !or : s cnmr u - Boulevard; +.o do something atwnt See• ntt� a tsa
prostltutian activity has "really those iuideilnes. to s trs vpe ynm nai :ttis prohie o'I sa d. "We rant n . e
tuzoa ao the streets, but the legal tilaned out" Pouce contend they rarefy do. to get these jir'.s , tf :tse seer but ne us Preis h`e `utt,,
system breaks +own to the court- � 3 r- pros:,t�tton ,ascs us-
' tXt{cers recently spent more than hen judges don't give stiff ;en- we can t snits : �;� prc,birm `, "^fit
nt> m peca�.�e the punishment But officers aren't happy 41th two weeks compiling statistlq on aeaces, SgL Jimmie Cox said, pros- selves.' posed at bttxeea flay i and rtug
doese't fit tee :rime, a police study what happens when •hear cases sentencing by eacb of the five tltution increases because the prof- ':be five 'ud es sa :hev .a '+ 0. VTN otficrs surveyed "0 at
concludes, retch Dade County
Court. judges -who handle prospros'— prostitution its are worth the risk for pr' - sw 'e.. nv pn, a ore andom.
From August 1978 to August sure. g- --r hey competed Uti6tics an how
19?9, po0ce spent m�Tre than .3.h}0 CITY PRO aws call cases. totes. women deter.dants were
1979, p tk and f n :o ff far sentencesPRO of not less than 15 "The Miami Poiice_I7eQs tme la RLiT IF A WO!►tAti knoyy s she"1 � : >z;: so
agree many
prostitution, the •ce, .oteiligccce days and 5200 fine for a first of- ex mot='ems^ Wer Probably, go to likely to to an- the t �baetnt ay:,ye? edges J hiar r 'ineG. acquitted. had "•sir a>rs Ji
�s
e re other city where the risks are less. :o sa zt eves'onr .n ail•' -edge Tan to Page lE Col. t
and "tarcotics WIN} Squad says. leader, not :ess than 30 days and an .tnan� a aca roc can—
on of Cox said, she's � ?r v
About 1�00 meld 'women 5500 for a second offense and not m rosYt utttut, '�'.'�^'�"'
OD
1
rZ)
c9
i4
i
. i wages ms p u to otanuararenaities
: FRT.i PACE 18
missed, received suspended sen-
tancea or probation. were released
for time served or were sentenced
to Jell by the county judges.
THE VIN SQUADS report,
which Included the opinicrs of the
five olfl;ern, was prepared for
Miami Police Chief Kenneth Harms.
"I'm sure you will find its con-
tents eye-cpczag." Cox wrote in a
cover letter.
The serve • "e t M�ats__ out
the as w."sie to au
t, e report says.
s, In a :eater to Chief Circuit
Judge Edward D. Cowart, sold the
report did not necessarily reflect
Lhe opinion of the Miami Police De-
partment, according to one of the
county judges.
Harms re"used to comment on
the report. When asked about the
Ietter, a police rpekesman said that
what Harms wrote to the judge Is
"aobudy's business."
Jodie •.reek;%b!nette handled 36
of the 170 cases saveyed. Accord -
I" to Lue at mey, he gave no set-
tettxa of.l3 days or mare.
"That's just not true," Robinette
said, add:rg that he could name sev-
eral cases in which he'd sentenced
repeat offenders to 30 or 60 days.
THE St'RCFY abowed Robinette
suspended -entente In 10 of his
cases, dismissed two, released four
women for Ume served, acquitted
one and gave six sentences of less
that 15 days Five cases acre ass•
7.
zt�
DEEHL
KLEIN
MAGiNNIS ROBINETTE
RUBIERA
Cases
36
41
20 36
37
(Defendants Convicted,* Jailed
Under It Days
16.7%
2.4%
' S% 27.7%
0 •
115-30 Days
27.8 % .
26.8 %
` 25 % 0
8.1 %
Over 30 Days
11.1 %
19.5 %
5 % 0
5.4 %
Defendants Convicted, 'Not Jailed
Suspended Term
0
4.9%
O 27.8%
2.7%
Probation
5.6 %
0
5 % 2.8 %
27 %
fined
O
0
0 0
0
Defendants geed or at Large
Acquitted
0
O
O 2.8 %
2.7 %
Cess Dismissed
0
19.5 %
20 % 5.6 %
13.5 %
Charge Withdrawn
16.6 %
4.9 %
S % 13.9 %
21.6 %
Did Not Appear
22.2 %
22 %
35 % 19.4 %
19 %
gnus M,a.f Pahx rt^wt sNCr W irD.abandr �.Ie y.0 arntlRdbi uxa 4',De� ENre.e Mw i .W a,q 30, M4.
prosecuted and bench warrants
go along with what the state says.
were Issued for seven defendants
But this is generally the kind of
who didn't show up for court.
thing you hear from the police. As
'R almost always follow the rec.
long as 1 can remember, they've
ommendstiors of the prosecutor,"
been blaming the problems on
Robinette said. "1110si the Illme
bleeding-heart liberal judges. I don't
the ublic defen ,e the pm cur or
w'0
see It that way."
e ! O .'.ers�iv' w
T�,yrra_ ngemen . t ty suggest
STATE ATTORNEY Janet Reno
tomethittjf a3lLri Ti'i not unconsclona•
said, however, that m_os-Il s in
bk, T'tl sceept it."
p�stituson cases are nee iotiatt
Mchael Roffino, supervisor of
tEe azaj nmeTSetween the use
pabne defenders in County Court.
- o e en
a n pleas are negotiated for about
Reno haS gone to court to urge
110 to 90 per cent of prostitution
Judges to follow the sentencing
!oases.
guldellnes of the ordinance.
-'We not fair to blame It on the
She also has urged the police to
it es," he said. "Most of them just
concentrate an making strong cases
against repeat offenders. she said,
and some of those cases have come
to court in the past two weeks.
Reno's office got high marks In
the VIN squad report.
"Since January, the cooperation
level of the state attorney's office
has Improved drastically and the B-
atson which we now enjoy should
he respected and savored .. In
general, the state attortiey's office
has been more helpful in assisting
us with our problems and is per-
forming adequately towards the
presecutlon of prostitution crimes."
JUDGE GERALD Klein WAS the
toughest judge, according to the no -
lice survey. He gave jail sentences
In 20 of the 41 cases studied. But he
was critical of the police statistics.
"It's just not accurate as far as
I'm concerned," Klein said. "in
every one of my cases. I give con-
victed women jai► Ume."
He dismissed eight cases. sus-
pended sentence in two and issued
bench warrants In nine cases, ac-
cording to the police surrey. Two
cases weren't prosecuted.
Klein. Deehl and Judge C.P. Rubi-
era said they rarely give jail time to
men convicted of prostitution
charges
"With men, fr•c to I-v+ l— e.•
f tie never had one appear before
me a second time," Klein said. "But
with women. it's a caicu'.ated act
for profit."
Dacus was surp.'.ced thet he w:s
the second tou;hest 1.:''2e in the
survey, giving iail sentences in 14
out of 36 cases.
111AT'S FU%%Y," he <- id. "The
last time they did this k:rd of sur-
vey. I was one of the easy ones."
Habitual offenders, he syd, are
treated more harshh b; all ;edges.
But he rarely glves a first offender
the Is days specified in the city or-
dinance. _ _••- -- •----_�,_:�
tiey ra can�Tcbtt eg en the
sidewalk or <hatever.I try to give
=75e of the women are very
clever — they play th> game to the
hilt." Deehl said. "But some of these
glr!s are kids on drugs. They're run-
acvays. They're juveniles. They're
everything in the book. And some
of them a:e vet}, very pitiful."
Ru`lera gave all sentences In
only five of the 37 0• his cases po-
lice surveyed. He gave probation in
10 cases, damissed five, acquitted
one, suspended one sentence and is-
sued sever, bench warrants. Eight
of his cases sve-e not prosecuted.
THERE WERE a "lot of inaccura.
vies" in the survey. Rubiera said.
The report stated that in several
Instances "where ,police: 'officers
steadfastly refused to negotiate a
lower sentence." judges retired to
their chambers to discuss the case
with a priiate attorney and re-
solved the sentencing there without
officers' input.
"f don't know of env instance
where that has ever occurred." Ru.
biera said -We'd be brought up on
charges if we met only with the de-
fendant. And 1 don't think the sta-
tistics in the report are accurate.
Judge Klein nev'ers waives jail
time."
Rubiera agreed with the other
judges that each case must be con-
sidered individually.
"If I'm going to take the stand
that everytindv s goingtojail," he
benchVd be blaee,'
Judge A: th,-r Magin-vis handled
only 20 0: the 170 cases surveyed.
He gave jail sentences in seven
cases, dismissed foi:r, gave probe.
flan In one and issled sever. bench.
warrants. Oce rasa was not prose-.
cuted.
"I TRY TO follow the lase as 1:
see It and take each case individual-
ly." Maginnis said.
The judos iimpathl:.e with the.
prob'e .; of poise and the neigh-
borhoods affected by prostitution.
Deehl said. But, he added, everyone
has to recciri--e there Is no easy W.
lut,on to the problem.
-We know' ice et
sure rom o. C- a:s, w o e pros '
e lr�tn c.ric gran a sue.
'Sut cvz Ea': e"S deal with thlrcases
an3w2'can'E be pft�;:re3 thgt IV
AT'Art ut'Sho-;=bn'it we
could, some tnnxect person could
be swept away in the tide."
fi.Psr s�FffivD E•�S i'%CE
T,, e
rMF ,Put f.
sTA,2-.vrf 1Jr ,v.r ,W4.104
,pry
I-AaA, Set Free After Attack on Girl,
'
Is ,balled Aaain Over 2 New Assaults.
returned when he beard Miss Pat- probation — without their knowl- . seph N. Durant had accepted a gull -
By ZDNA BUCRANAIN edge, The girl. stripped and beaten ty plea to the battery and placed
'"'aa a.w �'a'f ton screaming pocket when she refused to commit n act Damon on a year's probation two
A roan set free on probation after He took out a Boy Scout poc
v attack on a 13-year-old girl last knife, potltt said, and went to her of prostitution, according to police, wreks earlier. He also withheld n
t the suffered a broken nose and may adjudication of guilt.
year Is Jailed -gala In two new as
saults.
Thla turn, police said Thursday,
Allan George Damon, 21. used a
g% Is charged with two attempt -
ad murders. two aggravated batter-
Jes and a burglary for which Police
had anoutstanding warrant
Doons Patton. 20. and . James
Reason, 23, were walking from the
trailer park where they U es
to a
county park near SW 264th Street
and 141st Avenue oo Wednesday,
Metro pollee said. They were walk-
ing east when Damon and a juvenile
ghmpallon began following them.
Damon reportedly hit Reason to
the face three times with a pistol.
Illiss Patton attempted to run away
and was tackled by Damon, who
knocked her down, oat on her,
choked her and then fired a shot
hest to her head.
'SHE JUVE,%1LE was fighting
with Reason who thought the girl
had successfully escaped, police
said. He broke free. started to run
and heard the juvenile shout,
"Shoot 'emf Shoot 'em! Shoot 'em'."
he told police. They say Damon
opened fire. Despite five shots
aimed at him. Reason stopped and
rescue. stabbing Damon a
stomach. have permanent eye and kidney police learned of the probatlon
police took the juvenile to Youth damage. when they Investigated another As -
Hall and Damon to Jackson Memo -
lint Hospital, where he was report- DETECTWESS and her family sauit to which Damon was a sua
ed In fair condition In the Prison t.
twere rial onechargesto tof procuriat ng aafe- Judge Durant said at the time
ward. that he did remember the case
Last year, police and the family male under 16 for prostitution and „vs uely," but couldn't recall why
of a 13-year-old were outraged to, battery when they learned there he u t Damon on
learn that Damon was set free on would be no trial. Circuit Judge Jo- P probation.
Ilan accused of second killing
HEATHEN DEWAR
MINI a 260-11le
Miami homicide detectives are looking forward to
their next meeting with Spencer Snell. When they find
him. detectives plan to charge him with the murder of
an scquamtance in a downtown bar yesterday.
Judge Joseph Durant also has a date with Snell.
i -ter this month, Durant is scheduled to preside at
Sneil's trial on charges that he murdered another ac-
quaintance Oct. 12 on the front porch of his Liberty
City apartment.
Snell was at liberty on a $2.500 bond, set by Du-
rant, when W ilile D11son was shot to death at 1:45 a m.
in front of BJ's Lounge, 6501 NW nth Avenue. Miami
detectives said witnesses told them they saw Snell
playing pool with Dtxson, 25. of 17324 NW 9th Ave.
They saw the two men quarrel and then step outside
the bar, police said. Then, according to police. Dixson
was shot in the chest, and gain in the head.
"we have enough evidence to arrest him on proba-
ble cause anytime we want," said homicide Sgt. Steve
De Yong. r
When witnesses gave homicide detectives Snell's
name they recognized it. He was charged with second-
degree murder last October in the shooting death of
Lonnie Upshaw, 23. Police sai Upshaw was arguing
with Sneirs roommate about an old $20 debt. Upsbaw
was shot three 'Ames.
Officers investigating yesterday's case are outraged
that Snell was out of jail on the earlier murder charge.
"Releasing them on bond takes away the s,!nous-
ne.s of the crime," sal homicide detective Mike
Gon-zalez. "It Ignores the rights of the victim and the rights
of s ciety"
der preuaU a darter to the public," added Sgt. Etnie
Vivien.
Durant disagrees.
I've tried dozens of times to explain this to in , P.
especially when I worked in the state attorneys ..I-
fice;' he said. "Judges may not wart to Set bord; !,,it
the Constitution of the state of Flonda requires them
W. Durant said that at hard hearin,.s, pro rcui.,r% for
the state are required to prove th,r,r c — "cvrn mere
stringenLy than they would to a lure. The; mint prr.-
duce eyewitnesses, or a confpss,on, or bdth. If tney it')
not, the judge has to set bond. The law calks for an al-
most perfect case"
Detectives said they have an almost pert .t c e
against Snell in the Upshaw shooting. They say th
have several eyewitnesses and a cor.fv%sinn.
Durant said he doesn't recall the circumlt:incr..d
the case. But he said several appeals court ruler,;, ha, e
held a judge has ire right to allow bond m a rnurd.r
case even if the state's cage i..trong.
-I don't always agree with U,e pro i i ulcer + „ff., e
on the charges they file. if trey chari.p a man w.,h -
ond-degree murder and I Mink he bhnuld be charged
with manslaughter. I'll probably gran, hun bond."
Vivien argued that power gives the lud:�ps 1w, m.i, h
discretion. "Unless we can snow the tidy nag t" nn t-
ted a really hemous crime and has a tic kph to Venrru, I
in his pocket, chi nces are he's going to get out (in h.,t."
he said. "The dud„es are getting more and r.ore !rn,- t
shout this, and mire and more murdprprr are skipi,ing
bond or going on to perform other crirnes."
Durant agreed many lunge, arc tt,o lenient oh, -t
postitg bond in murder case, ' Persui,aity, I agr, a wish
them (pcilice)." he said. "but I have .I balance the T" lit
of *%0 defendant V" rn n', rv, , Lin -, , w
Youth Gets
30 Years
Inr Torture -Robbery
By JIM BUCHANAN
"*"" stairVP~sr
Almost a year ago Johnny Sostre
was charged with auto theft and at-
tempting to drive the stolen car
O
over the officer who arrested him.
He was released on bond.
In August Sostre was arrested
t
for autd theft again Once more he
was released on bond.
In October the 19-year-old drifter
threw a fire bomb through the win-
dow of a West Mallet Street cite.
He stayed in All until mid-Novem-
her when be pleaded guilty to three
burnt ytorphsaloe Gabs+
felonies before Circuit Court Judge
thrown" into her Coconut Grow•
Jose h Durant Jr.
DUgIANT SAID then that three
home by three young men who aC-
coated her at she unlocked the door,
years probation and no iml time
the said.
might lead to Sostre's rehabilitation
Satre As identified Saas one of
although prosecutors sVOngly dis-
the three and the one who "818PPed
agreed.
olice say he spent one night of
me. twisted my nano, pulled my
hair. stomped on tact and beat my
that probation time torturing an el
legs"
derly nurse.
Wednesday Judge Ellen Mor-
Throughout the two and a half
hours of purichment. the said, the
phonios-Gable ruled that new
charges of 'kidnaping, robbery and
three ransacked her home, demand -
Ing to know when she kept her
aggravated assault against Sostre
valuables They left with a quantity
warrant canceling probation and
of wiverwsre, a silver dinner serv-
imposing a 30-year prison sentence
ice and a collection of foreign, sit-
- five years each for the two auto
thefts and the assault on the officer,
vat ins, the said.
Sostre will hear her story agrAdDit
plus 15 years for arson.
Sostre listened impassively as As-
A trial date on the robbery chaMr
will be set today and the cane PrOtr
atatant State Attorney Jay Novick
shiv will be heard by Judge Mor-
led 66-year-old nursing supervisor
phonios-Gable
Ruth McLaughlin through a recital
it a jury finds the teenager Sultry
of her ordeal.
he faces a inasimum penalty of life
MCLAVGHLDN told how she had
lent Mercy hospital at 1:45 a m. on
imprisonment for the kidnaping.
another tife term for armed robbery
the morning of Feb. 16. She was
and Live years for saa�ulL `
y�r
r , .
;G:C 11 Dh,.) ESE OF Ak1AQJ
�1 1'IIL :11AN�LRf
, b.IJi Iti�,,t.nt Il�uhivrd
t�
.� ,V�unn, Ilonda 3JIJ8
OFFICL OF LOMMI.INIt♦ NLLATION5
0051 JS J 0981
March 26o 1980
TO WHOM I`I' MAY CONCERN:
The Archdiocese of Miami applauds and encourages the efforts
of the Comprehensive Crime Prevention Program, and particularly
its Northeast Area :pub -Council under the chairmanship of
Joseph !:. Woodnick.
This orF*anization, which the Archdiocese supports by its own
membership in it, is seeking; to eliminate the blight occasioned
by ramn;int por irrlopraphy and prostitution practices in our
community, aiorr�r, with a number of other crimes. To date, the
primary call:;e hiriderin�,, our citizens from eliminating these
grimes has been a lax judicial procedure in sentencing, those
who break the law. Our dedicated police officers are practically
hulples_; in oarryinFr out the expressed will of the citizens
for, law enforcement when judges will not penalize criminals
for their crimes.
We implore the Mayor, the Commissioners and Mr. Grassie to
do all in their power to cooperate with and to enforce the
recommendations being offered by Mr. Woodnick and the concerned
citizens whom he represents.
1�:4
Father Donald CAnolly
Coordinator for Community Helations
Archdiocese of Miami
downtown
develo ment
U ority
4099 one binoyna tower • mioml, f la. 33131 • (305) 579-6675
April 4, 1980
Mrs. Mary Lichtenstein
Chairman N.E. Sub -Council
Comprehensive Crime Prevention program
888 N.E. ?1st Street
Miami, Florida 33138
Clear Mrs. Lichtenstein:
'Cie problems of pornography and prostitution as well as pandering
and loitering are ,an important concern of the staff of the
Downtown Development. Authority.
If we are to be successful in our efforts to encourage residential
development in downtown, these problems and the criminal activity
and criminal types that they generate must be firmly addressed
and eradicated. Consequently we heartily support your call for
special police and legal attention to the downtown and Northeast
sectors of Miami where these moral/criminal activities are most
prominent.
Please call on me and my staff if we can be of further assistance
to you.
Sincerely,
Roy F. Kenzie
Executive Director
RFK/mr
4 6
'*'GC*Ao
U111c River
COMMUCC ASSOCIallono loco
H281 N U �ne1 Avenue ! t ittle River I Woni, Fhsrida 3:1138 / 154 7444 • 754.1444
Apt i 1 9, 1980
TO WHOM IT MAY CONCI,kN :
The Littler River Commerce Association has and will continue to
endorse the activities of the Comprehensive Crime Prevention Pro,lr.am,
The Little (liver Area, like all_ ether communi-ties, is seeking
ways to make our streets, homes, and businesses more desiilible places
to live. Crimes a,_lainst residents an,a businessmen are nothinq new to
the Littlu River Area and all. ether areas for that m,etter. What is
new, is the revitalized particip,►lion of the c(milTIunity in identifying
offenders and assisting our law enforcement officials.
Crime statistics must he viewc,d in terms of personal injury,
loss of income_, property da►►ia(ie, and other results of law violations,
in order to fully comprehend and appreciate the impact on our
citizens.
With all clue respect, we are reyuestin,l that all city and
county officials charged with the responsibility of crime prevention
favorably consider the recommundations offered by Mr. Joseph Woodnick,
Chairman of the: Northeast Area Sub CounciL. The personal interest of
the city officials will be viewed closely by all concerned citizens.
Yours very rely,
�b.c' L�
. 1— Bednar, President
Little River Commerce Association
DLL: mb
I
%�i��i� /(I-i�r�i� •l(/•fl�lr� (� �t+�ilr�1�� •r'��.�or. rf*ev Af •XiIor
MIAMI, tlaklpU 31148
Apr11 4, 11080
TO W110M I i• HAY CONCEI N:
H.L. Kelle Me•,tdv. Ilona• llwnvt. A,;,tic IitI It it la ;,,tt•:ItI, t•IIt,ur:tled by t.itt- t•ffurts
of III.- Comprohenslve Crimt- Itrevoution Prot,tam will, It I:; rurreut ly direct fill!,
Iltllt'!t tit it,. el torts It,w.ird Lho' clminatlon tot lourn,yr,lphy, pro:itHilt lon .Ind
of hvt' at.•r i olls c r imt•:; t llt oul,hkiut Dativ County.
The Chai:tn,tn All . .)to:;c1>h E.Woodnick, IS to hu rot11111t ndt•d tut' Ills 1 ille ettul L:,
1.1 bill,ilf ttf till.- to-ildellLs of Lite Northe.u.t where :I ;►oat Cunccrltration of
thk+;V critutn.11 ,trllvitle5 h.lvt+ dave:lolu•d In Ivient year:;.
Ut•:;ltitt• the trlf,trtti of Ittt•,il rivlc groups who have• endeav,+ttrcd for year,- Lu
runtrtII p,irtiogt.lpltir hook >; bores and Llte,ltrt•:; they rant Inue t0 LhrIVe. t•1ut h tit
tout f,11 lust• r,111 lit- ,11 Lt lhuted dlreet ly to slit• Iaxity of our .ju,lici,il :;y:,tt•m
and, I I 1 1),1rLirul,lr, our loyal ,jud};v:; who 1iavt: relte,ttvdIy IaIIed LU IIII fills e
1 inc:i and jail kill tite I;ul lty.
11e:ipitc the f itic el forth of uur pal Ire lit flrers, when Such , riminal -, are
al'Vt t•heltdt-d Lilo), are: merely brought before the court, reprimanded and relua:,ud
wltI1 ntt more Lh:►n :I I I g I I t fille, only Ln hel,,in again In tht Ir durArucLlon of
, he moral -, of our youth raid ruination cif our Ilove I ,, ne. tghborhuud:,.
Crin4o will cvrtittill y ,spread t'al,ltlly till lv.;5 our ,curt.:; b0giIt to impu:;e heavy
pe•naltivs on all criminals.
The people of 13ulle Meade iulplure all governmetlL officials Lu do everything
I,t,ssible Lo persuade tour judf;u5 Lu :a•vvre•ly penalize rill convicted criminal~.
We also n5k that Lite 'rlAyot', Cutnml5:,ioner;; and tttht•r of fit Lila support told
t•ui ur,•o Lite i ccommendat ion:; offered by Mr.W(w(hih k who speaks tor all con-
tt•rntrd cILIzun5 who c:trl nu lct1Igt:1 11•f01-11 tt) t,,ltrn:u till:; continuing corrupLiot;
oI our ellvlronutent.
Itl:I.l.l': MEADS' IIuME OWNERS ASSuClATI.ON
frank A.11,1Lhaway �
Prt•as itlent
t � �
4 V
Nurlheivil Ualilist Burch
43120 N L Tarr, AVtNUL
MIAMI. PI 01V41A 331:18
March 9, 1980
UALL U HUR,oN JH
s•A 5 to,+
•N111At, §.nPINubA
CO-PAyI OR
�.� • t t. 1. FALIK&
9ECNEtARe
Chief of Police
City of Miami
Miami, Florida
Dear Sir,
I am Pastor- of the Northeast Bat1tist Church. The Church is located
on N G 5th Avenue at 68th Street.
The pro�t.itutes are now usintl 5th Avenue as their pick-up areas. They
have become a public nuisance as well as a disgrace to what was once a
family community of good standing.
c';ur problem on 5th Avuitue is really a testimony to the work of your men
all Biscayne Boulevard. Tht: prostitutes have had to seek a less exposed
place to do their sol.icitinlJ.
I know you have been told by many people about the prostitutes and are
probably fLu:itrated that you don't g1Jt mute help from some of the judges.
We will work on that at utect1UI1 times. W12 still have the childrurl vx-
posed to the lewd motions, the expo:;uru of the breast when •x male drivun
car passus by, the lewd motiuns and cursing of this women as they pass by.
It is not safe to drive a car dowti 5th Avetluu bucause of th«_ distractions
caused by the prostitutes as they run up to your car. I was almost hit
yesterday by d vehicle that swerved to miss a prostitute who had run up to
a car.
In a law abiding society, tl,e 1.:itizuns must turn to their police to keep
the law. You may be saying that that this is not a law abiding society.
It is not for a small percentage. The rest of us who hate anarchy must
look to our police for protuction.
Any help you can 1jive by ket.pin,t thu prt-ssure on the prostitutes will be
appreciated. I personally can put up witty a lot, but to see womanhood so
degraded by the lewd remarks ut the prostitutes just about. drives one to drastic:
measures. If y1u still lived in this community and it was your mother or
wife, you would be up_et enoulltt to ,lo something too.
i'lua5i! givls u5 sumu relict with our probll!m. Thank you for all your people
do for us in this; community already. ,. I
11_,.L}l
Dal' D. riurton, r. / ,
Pastor
CHUNGta 701-7jOa 0 PA1910141UM Yb1.4275
4
4
Mayor Maurice Terre and
the Miami City Commission
3500 Pan American Drive
Miami, PL. 33.133
5911 N L" 6 Ave.
Miami, FL. 33137
April 8, 1980
Dear Mayor and City C:ommisSion,
It is indeed disconcerting for property owners in
our area, who do much to prevent burglaries, to
hear and witness a) that most of the burglars have
long arrest records and b) that shortly after
being arrested in our neijhborliood the burglar is
again hack to the cri►u. It is very important
that you use your power and influence to correct
this situation. There are more and more people
who are reacting to the above situation in extreme
manners. One is to take matters into their own
hands to enforce the Law themselves - with guns -
which always inea►is death for some .innocent person.
The other extreme is d.issoluti.on with all judical
and governmental authority.
Various crime prevention programs and efforts are
being utilized by more citizens, However, even
these will become more ineffective unless the
above stated situation is acted upon by our officals
with concrete results evident to all.
Cordially,
(The Rev.) Karl Thiele
650 N. L. 58st .
1liami, FL 33137
April J, 190
1'o: Miami City commission:
On December 17, 1979; an article appeared in the Miami flews
entitled "It's close in, gracious and crime ridden". This article
described the neighborhood of "lorningside Park. This heautifUl
area i, reported as a neighborhood under "siege".
As a former President of the 'lorningside Park Homeowner's
Association, I am familiar with the problems of this section
of the City of Miami on a first hand basis. The burglary problem
has reached the point where the citizens are becoming an armed
camp. 'There is hardly a home in the area without a watchdog.
People are banding together in block group; in self defense. tlany
fur the first time in their lives are purchasing guns.
I have nu doubt that the problems are Martially the fault
of the lenient treatment of burglars by the courts and the ram-
pant prostitution and its associated crimes that are allowed to
flourish on Biscayne Boulevard. Last year I was personally
involved in apprchcnding a burglar who had just robbed une of -
my neighbors. Ihis poor misguided 29 year oldwas on probation
for five years vet he was released and caught robbing another
house only a few blocks away the following day. Prior to his
trial hu confessed to eight other robberies and event iaily plea
bargained his way to a nine year sentence. This is a hardened,
habitual criminal who threatened my life, yet I was never allowed
to testify in court against him. I guarantee this man will never
be rehabilitated and yet in le„ than two years he will again
be paroled to continue his life of crime. I am hitter at a
judicial system that allows these things to happen.
I have talked to Chief Harms of the "liami Police Department
on more than one occasion about the crime problems of our area.
He assures me that one way to deter criminals is through stiffer
sentences for criminal activities. 1 Heartily agree that repeat
offenders miust He dealt with more Harshly than the judges of this
county are nou doing. We must male a stand against this flour-
ishing criminal activity or we shrill perish as a decent place
to live.
Sincerely yours
io. /
1). 1.. Spaulding P�