Florida Sexual Battery Case
Sexual battery is an unwanted form of contact with an intimate part of the body that is made for purposes of sexual arousal, sexual gratification or sexual abuse. Sexual battery may occur whether the victim is clothed or not. It is a crime, which varies by state laws, so local laws should be consulted.
A charge of sexual battery in Florida against a victim older than 12 years where a weapon or actual physical force was not used can be charged as a felony of the 1st or 2nd degree depending on several factors. You will need the help of an experienced criminal defense attorney to assess your case. If you are identified for committing a crime you need a criminal defense lawyer who understands the taint and has experience in defending those through false identifications.
State of Florida vs. Francisco Henry Case-Palm Beach County Courthouse
The high profile State of Florida vs Francisco Henry case is moving forward in the Palm Beach County Courthouse. The State is alleged to have four victims of this sexual battery but the Prosecution could only produce one witness who could identify the criminal defendant who was allegedly present at the time this visceral sexual battery occurred in Palm Beach County, Florida. The eyewitness testimony of one of the victims is froth with problems. First the alleged victim has a vision problem and he could not pick out the alleged criminal defendant’s from where he was sitting on the witness stand. Eyewitness testimony is the least reliable testimony and has led to many false arrest and wrongful imprisonments throughout history the American Judicial process. This is especially true when the victim of a crime has been tainted through many processes before they pick out the accused.
The taint is in several ways:
- prior meeting with a person as the memory will be triggered quicker to someone who the accused seen before;
- police taint through a method of position the photo of the accused in the center of the photo array;
- police taint by placing photos of individuals in a photo array that look different and apart from the description given by the victim with the exception of one photo who is actually the accused;
- police officer giving verbal cues to person looking at the photo array like the person we believe that committed this crime is contained in this photo array or look closely because the photo array contains the suspect with all of his qualities that was already chosen by one or more of the other witnesses of this criminal act.
The possible way to taint a photo lineup hit an all time high in the State of Florida v. Henry. Officer Brown testified that he took one of the alleged victims in his patrol car to drive pass where Mr. Henry lived. Officer Brown also testified that he had the use of DAVID in his patrol car. DAVID is a police officer’s dream that allows the government to run your automobile tag or plate number and then pull up all the people living in your household who hold drivers’ licenses, registration of vehicles and who have been involved with any criminal activity. DAVID also allows police to pull up photos of all the people of the household through their drivers’ license photo and any other forms of identification on record with the government. So as the victim of an alleged crime is sitting in the back seat of the patrol car the officer can flash a photo of the accused through the use of the lap top computer screen before the alleged victim is shown a photo line up of the defendant. This taint through DAVID is what I call the high tech computer taint. When an alleged victim sees a photo of who the police believe committed the criminal act and is then asked later to pick out the person responsible for the crime, the memory of the victim after seeing DAVID jogs back quickly to the same photo of the individual on photo array who turns out to be the accused.
There you have it High Tech Computer Taint and a bad identification that leads to false arrest and wrongful convictions.
If you are identified for committing a crime you need a criminal defense lawyer who understands the taint and has experience in defending those through false identifications.