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© St. Petersburg Times, published January 16, 2003
Sexual predator law ruled unconstitutional
MIAMI -- An appeals court Wednesday ruled that the Florida Sexual Predator Act, the state's version of Megan's Law, is unconstitutional because it lacks provisions to let judges determine defendants' actual threat to the community on an individual basis.
The decision by a three-judge panel of the 3rd District Court of Appeal overturned a Circuit Court decision to have Ferman Carlos Espindola, 23, register as a sexual predator because of his admission of involvement in a sexual battery with multiple perpetrators.
Espindola pleaded guilty last May to one count of sexual battery of a physically incapacitated victim. As someone guilty of sexual battery with multiple perpetrators, he was automatically determined under state law to be a sexual predator. He was ordered to register as such with the Florida Department of Law Enforcement. Under Megan's Law, named for the 7-year-old girl from New Jersey who was raped and murdered by a convicted sex offender living in her neighborhood, predators must register with police agencies.
"In the absence of a provision allowing for a hearing to determine whether the defendant presents a danger to the public sufficient to require registration and public notification, the Florida Sexual Predators Act violates procedural due process," the panel wrote.
Attorney General Charlie Crist's office would not comment because he was traveling Wednesday. But FDLE Commissioner Tim Moore said he was advised that a rehearing would be pursued.
"The public has a right to be informed on who's in their communities. Moms have a right to know who's around the bus stops with their children," Moore said.
BARTOW -- Amandy Lawrence, jailed in the July beating death of 2-year-old Alfredo Montes, is scheduled to leave the Polk County Jail today for a residential drug treatment program.
The pretrial release was ordered Monday by Circuit Judge Dick Prince, two days after Lawrence gave birth in a hospital to her fifth child, a boy, who was placed in foster care.
Lawrence, who turned 23 Wednesday, has been behind bars since August for her alleged involvement in disposing of Alfredo's body, which was found July 11 along Interstate 275 near Tampa.
Lawrence and her boyfriend, Richard Chouquer, were babysitting Alfredo and a 4-year-old sister for their mother, Jeanna Swallows. Police say Chouquer, 23, has admitted killing Alfredo for soiling his pants. He is jailed on a charge of first-degree murder; the state is seeking the death penalty.
Lawrence today was to enter a residential assessment stabilization unit for women operated by Tri-County Human Services of Lakeland. The 12-bed unit serves pregnant and postpartum women with substance abuse problems.
Lawrence lost custody of her two oldest children from a previous relationship. The child born Saturday is the third she's had with Chouquer, relatives said. They said the other two are in the care of Chouquer's mother in Utah.
TALLAHASSEE -- The Florida Supreme Court on Wednesday ordered a new statewide grand jury convened to investigate counterfeit prescription drug sales in South Florida.
Gov. Jeb Bush sought the order in December. The bulk of suspected criminal activity is thought to be in Broward, Miami-Dade and Palm Beach counties, his petition to the court said. The grand jurors will be drawn from that area.