Miami-Dade police officer convicted in lewdness case

A Miami-Dade police officer, who routinely stopped women drivers without cause and engaged in lewd conversations, was convicted in federal court Friday.

Prabhainjana Dwivedi, a seven-year veteran, was found guilty on six of seven counts of depriving people of their civil rights. He was found not guilty on the seventh count involving an undercover police officer.

Following the ruling, U.S. District Judge Jose Martinez immediately remanded Dwivedi back into custody pending sentencing scheduled for sometime in April, according to prosecutor Karen Gilbert. The trial began Monday.

Dwivedi faces up to a year in prison for each count.

A grand jury indicted Dwivedi after he was arrested by FBI agents Sept. 5 at Miami-Dade police headquarters.

Dwivedi, 33, was charged after an investigation into complaints filed for stops made in May and June of 2011 in which he detained “numerous women” for “unreasonable” length of time “without probable cause, reasonable suspicion or other lawful authority to conduct a stop,” a criminal complaint said.

None of the questionable stops were ever listed on his daily reports or called into dispatch.

According to the complaint, Dwivedi who worked overnight patrolling an area from Key Biscayne to Jackson Memorial Hospital, stopped a 24-year-old bartender who was driving from South Beach to Broward County on her way home from work at about 5:30 a.m. on June 25, 2011, in the area of the Golden Glades interchange.

The bartender, identified as M.F., was accused by Dwivedi of driving under the influence. Pleading her innocence, she requested to have a sobriety test performed. Her request was refused.

Noticing a child’s safety seat in the back seat, Dwivedi threatened M.F. that she would lose custody of her son if she were to be arrested on DUI charges, the criminal complaint said. Then the conversation turned sexual.

According to the complaint, Dwivedi, began to inquire about her surgically enhanced breasts and asked “if she had any scars or incisions from the surgery.”

Dwivedi then asked to see the scars. M.F. obeyed, lifting her shirt and exposing her breasts.

According to the complaint written by FBI special agent Susan Funk, “M.F. stated that Dwivedi did not touch her breast.”

, Dwivedi then allowed her to drive home, but said he would follow her to make sure she got safely home. Once at M.F.’s residence, Dwivedi said he was thirsty and asked for a glass of water. Once inside her home, he lingered for an hour speaking of his personal life.

In the end, Dwivedi left without ever reporting anything to dispatch or making any notes of the stop in his daily reports, the criminal complaint said.

A month earlier, Dwivedi made another questionable stop.

According to the complaint, Dwivedi stopped a19-year-old woman at 2:20 a.m. on May 27, 2011, on her way home from a nightclub with two friends. The woman, identified, as A.R., was informed the traffic stop was a result of a failure to turn on her headlights.

Dwivedi also claimed she was driving under the influence, but A.R. disputed the accusation.

A.R. was instructed to sit in the back seat of his marked cruiser and then Dwivedi “instructed A.R. to lower the zipper on the front of her dress down past her breasts to her mid-stomach” according to the complaint.

An hour and 20 minutes later, A.R. was on her way home without any citation and Dwivedi again made no mention or note of the stop, the complaint said.

Miami Herald staff writer Jay Weaver contributed to this report.

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Squatter Lokiboy evicted from Boca Raton mansion

BOCA RATON --
Infamous squatter Andre Barbosa has been evicted from a Boca Raton mansion, police said.

Bank of America retook possession of a $2.5 million home where the 23-year-old Brazilian national had been staying since December.

Bank representatives, with the assistance of police, cleared out the foreclosed home at 580 Gold Harbor Dr. at about 1:30 p.m. Thursday.

There was no one inside and the home’s locks were changed, said Officer Sandra Boonenberg, spokeswoman for Boca police.

Barbosa, also known as Lokiboy954, had been occupying the home since filing an “adverse possession” claim in December.

Adverse possession was created hundreds of years ago when hand-scrawled property records could more easily be lost, damaged or muddled. Allowing for adverse possession kept land in productive use when ownership was unclear, or, for example, the owner died with no heirs.

If the person claiming adverse possession stays in the home for seven years, paying taxes and caring for the property, they can take permanent ownership.

Barbosa is not facing any charges at this point and police are not actively searching for him, Boonenberg said.

Bank of America issued a statement regarding Thursday’s action.

“We appreciate the assistance of local authorities and the patience of neighbors as we worked to have the trespassers removed.

“We take trespassing seriously and, in the interest of the community, we will take appropriate legal action to protect this and all properties we service.”

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Jury awards girl sexually assaulted on school district bus $1.7 million

WEST PALM BEACH --
Minutes after a jury late Wednesday awarded a mentally challenged Pahokee girl $1.7 million for the trauma she suffered when she was raped on a Palm Beach County school bus when she was 3, the girl’s mother rushed toward those who had given her daughter a second chance.

“Wait,” she called out just before they filed out the door. “I want to thank all of you.”

In turn, she hugged each of the four women and two men who rejected the school board’s claims that her daughter wasn’t hurt by the 2007 attack. School board attorneys argued the girl was too young and too mentally disabled to understand what a 15-year-old emotionally disturbed youth did to her on the bus filled with special needs kids.

With tears streaming down her face, the mother looked at the girl’s father. Both heaved sighs of relief.

“It means a lot to me,” she said of the verdict. “My daughter finally got justice.”

The School Board never denied the girl was molested. Both the bus driver and the aide who was on the bus to protect the students were fired. The aide, Grenisha Williams, was convicted of child neglect in connection with the incident and put on probation. Sexual battery charges were filed against J.C. Carter, the youth school police said assaulted the child. The School Board even changed policies, decreeing that young children should no longer be allowed to ride buses with older kids.

But, the district never agreed to compensate the now 9-year-old girl for the trauma that her attorneys argued exacerbated her considerable learning problems.

“I think the jury got it,” attorney Stephan Le Clainche said.

Despite School Board attorneys’ claims to the contrary, he said: “The jury realized that any child of a tender age who is the victim of physical or sexual violence is going to carry the stain of it their entire life.”

But, he acknowledged, the battle is far from over. Under Florida law, government agencies in 2007 could only be forced to pay $100,000 for injuries caused by their wrongdoing. (The cap on so-called sovereign immunity, that comes from the English concept that the King can do no wrong, has since been raised to $200,000.) But to get more than $100,000, the girl’s attorneys must now persuade a typically stubborn Florida Legislature to life the cap so the girl can get the $1.7 million the jury said she deserves.

“We have a long road to go,” Le Clainche said. The $100,000 will barely cover the court costs that included paying $25,000 to a psychiatrist who persuaded the jury that the girl carries deep psychological scars that will take years of counseling and private schooling to salve.

The mother said she was well aware of the looming battle. “I’ve been waiting all this time. I guess I can wait some more,” said the mother, who lost her job as a cook when the always shaky economy in the Glades got even worse in the recent recession.

Jurors declined comment on the verdict, as did attorneys representing the school board. Attorney Scott Krevens said they don’t comment on pending litigation.

But the two sides argued their cases vigorously Wednesday in their last appearances before the jury after a five-day trial.

Attorney Tom McCausland, one of the school board’s two attorneys, suggested that the jury give the girl $250,000 for the pain she endured on the day of the attack and $31,000 for family counseling.

“A quarter-million dollars is a way of saying we’re sorry it happened,” he said.

Le Clainche bristled at McCausland’s suggestion that the money was an apology and not a recognition that the girl needs years of therapy.

McCausland insisted the girl has no memory of the attack. “Her brain has not been able to form to grasp the event,” McCausland told jurors. “This very, very heinous act, fortunately, is not something the girl remembers.”

Le Clainche translated McCausland’s argument this way: “Your harm is worth nothing because you’re already damaged.” Then, he added, “That is an incredible, outrageous defense.”

The psychiatrist hired by the girl’s team testified that the attack stymied the girl’s emotional and intellectual growth. A psychologist hired by the school board told jurors trauma doesn’t affect cognitive development.

In the end, it was clear the jury accepted the long-standing child-rearing concept that early childhood development impacts a youngster’s entire life.

About two hours into their deliberations, the jurors sent out a question: “Can the possibility of future sexual problems be considered as future pain and suffering?”

Circuit Judge Glenn Kelley said they could.

Less than 15 minutes later, they announced their verdict.

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Miami Heat has scholarships for graduation high school seniors

The Miami Heat is offering South Florida high school seniors college scholarships for the 2013-2014 school year.

Four scholarships of $2,500 each will go to seniors who excel in academics and community service.

One of the four scholarships is reserved for a student who plays sports.

Applicants must have at least a 3.2 grade point average by their final semester in high school, attend school in Miami-Dade, Broward or Palm Beach counties, be accepted to an accredited four-year college or university and demonstrate financial need.

Applications are available at nba.com/heat/community/community_education_scholarships.html and must be submitted by April 6.

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Woman gets 30-days in jail for giving the finger to a Miami-Dade judge

A woman facing a drug possession charge was sentenced to 30 days in jail on Monday for giving the finger to a Miami-Dade judge, NBC6 is reporting.

Penelope Soto, 18, had been arrested for possession of Xanax and was brought before Circuit Judge Jorge Rodriguez-Chomat Monday, where she was asked about her assets during a video court hearing, the station said.

During an exchange the judge felt was disrespectful, Soto flipped Rodriguez-Chomat her middle finger and blurted out: "[expletive] you" as she walked away from the camera.

The judge demanded she return to the podium and sentenced her to 30-days in jail for contempt of court

It all began when Soto, sporting orange jail jumpsuit, appeared to make light of the proceedings, laughing when she was asked how much her jewelry was worth.

"It's not a joke, you know, we're not in a club now," Rodriguez-Chomat told her. "We are not in a club, be serious about it."

"I'm serious about it, you just made me laugh," Soto replied. "You just made me laugh, I apologize. It's worth a lot of money."

"Like what?" the judge asked.

"Like Rick Ross. It's worth money," she said.

The judge, not understanding the odd reference to the South Florida rapper who made news last week when his car was fired at on Las Olas Boulevard, asked Soto if she's taken any drugs in the past 24 hours.

"Actually, no," she replied.

Rodriguez-Chomat set her bond at $5,000 and said "bye, bye," and Soto laughed and replied " Adios."

Annoyed, Rodriguez-Chomat summoned her back and reset her bond at $10,000, shocking Soto.

"Are you serious?" she asked.

"I am serious. Adios," he replied.

To watch the video of the exchange on the NBC6 website, click here.

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Keys ‘Seahag’ gets 30 years for killing man who refused to give her a beer

Former Conch Key resident Carolyn Dukeshire has the next 30 years to think about the can of Busch Light beer she never got from neighbor Martin Mazur.

That's the reason Dukeshire, 62, shot and killed Mazur, 64, last July 29 — she asked Mazur for a beer and he said no. That's when she shot him five times outside his Conch Key home.

Dukeshire — known by her friends and co-workers as the Seahag — pleaded guilty to second-degree murder Thursday, accepting an agreement with the Monroe state attorney's office for a maximum 30 years in prison. Assistant Public Defender Patrick Stevens represented her.

A grand jury handed down a first-degree murder charge against Dukeshire in August.

Assistant State Attorney Tanner Demmery said Mazur's brother was at Thursday's hearing before acting Circuit Court Judge Ruth Becker.

"The brother of the victim, he elected to have the victim advocate read his prepared statement to the court. Ms. Dukeshire had no comment," he said.

Demmery said Dukeshire submitted a statement to Becker indicating her remorse and that she'd pay the rest of her life for losing composure in that moment.

A 17-year Keys resident, Dukeshire had no previous arrest history in Monroe County.

According to a Monroe County Sheriff's Office report, just before the shooting, Dukeshire reportedly asked Mazur, for whom she had previously done some lobster-trap work: "Do you have a cold beer for me?" He reportedly replied, "I have absolutely nothing for you."

That's when Dukeshire shot Mazur twice in the lower right abdomen, twice in the back and once in the right wrist.

Deputy Michael Claudy's report says "it seems apparent" Mazur was attempting to flee from the gunfire but collapsed near a tiki bar in his backyard.

Mazur's reported business partner, Casey Whippo, 30, witnessed the shooting and told police he struggled with Dukeshire for the gun. Sheriff's office divers recovered the small-caliber weapon the next day in a canal behind the house.

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Plenty of opinions on fixing the nation’s broken immigration system

Most agree that the nation’s immigration system is broken, but there’s no agreement on fixing it.

This week, the debate over immigration reform emerged once again. President Barack Obama outlined his plan on a visit to Nevada on Tuesday. On Monday, a bipartisan group of eight senators, including Florida Sen. Marco Rubio, outlined their plan. Both similar, but one key difference is the time it takes for the nation’s 11 million undocumented immigrants to become legal U.S. residents and, eventually, U.S. citizens.

Obama’s plan would allow undocumented immigrants to receive work permits and, presumably, quickly begin the process of applying for permanent legal U.S. residency — more commonly known as a green card. The Senate proposal would put undocumented immigrants in line with everyone else trying to get into country, a process that could take decades to complete.

There is no specific bill on the table, but Obama and top Senate leaders from both sides of the aisle say they want to a bill passed by summer’s end.

The Miami Herald sought the opinions of members of HeraldSource by asking whether undocumented immigrants should be allowed to get on a path to citizenship and what requirements would have to be met to qualify.

The group is part of the popular Public Insight Network and helps The Herald explore timely issues in the news. Here’s a sampling of the comments:

Kirsten Llama, of Miami:

“Yes. As long as they do not commit crimes and make an effort to learn English. They are here. We need them. They take jobs many natives will not take. They will pay their fair share of taxes as citizens. If they serve in the military or work in humanitarian jobs, such as medical and education, they should be given a faster path [to citizenship]. Insist they go home for half a year before they reapply to return. If they do not fulfill their jobs, they should be sent home.

Ed Wujciak, of Hollywood:

Yes. The presence of “second-class residents,” which is what undocumented immigrants are, creates great strains in our society. These people are vulnerable, afraid, and powerless to participate in the society they live in. They are here because the U.S. government has had a “see no evil” attitude toward them. They were allowed to come and stay because they work cheap and boost corporate profits, but they are powerless to improve their situation. In other words, they’re perfect employees. Plus, their presence in such great numbers puts great downward pressure on the wages and working conditions of everyone else. Our policy toward these people has been dishonest and exploitative. Our policies acted as an unspoken invitation and we owe them the dignity of legal status.

Fred San Millan, of Miami:

No. It will open a floodgate and more people will invade the United States, creating a real social calamity that will definitely affect this country forever on all fronts, social and economic. I would keep the same rules of a balanced quota for each country, and register the illegal in this country without persecuting them, however. [I suggest] a nationwide referendum for this immigration problem.

Ed Gugliotta, of Miami Beach:

No. Not before all the others that are legally in line waiting for their chance, such as family members, professional workers [H1B or O visas, investors E1, L1] visas, who have been in the country for many years, abiding by the law, paying taxes, investing and waiting patiently their so slow process to obtain at least a green card. Ease the process of obtaining the Green Card for family members and workers that have shown good faith and honest intention on becoming valuable and productive residents, Undocumented immigrants can then follow the legal path to citizenship. Secure the borders so no more illegals can access the American soil, and undocumented already here (although they are technically felons) must learn the language, have a local resident or citizen as sponsor, no criminal background, and some kind of skill useful for the nation. Then they could obtain some kind of parole permit that would allow them to stay, have a job, get a driver’s license, pay taxes and a two-year test period before accessing a special, say, blue card that would allow them to stay for 5 years, and subsequently, if accepted, request the green card.

Sergio R. Bustos is The Miami Herald’s politics and state government editor. He can be reached at sbustos@MiamiHerald.com. Public Insight Journalism Analyst Stefania Ferro can be reached at sferro@ MiamiHerald.com. Sign up for the Public Insight Network by going to MiamiHerald.com/Insight.

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At University of Miami, Justice Sonia Sotomayor gets real

From her days as a young girl in the Bronx being raised by her mother after the death of her father to becoming the first Hispanic on the highest judicial body in the country, U.S. Supreme Court Justice Sonia Sotomayor told the story of her journey before a captivated audience at the University of Miami on Friday night.

Sotomayor spoke with University of Miami President Donna E. Shalala at the BankUnited Center to University of Miami students, Coral Gables residents and perhaps a future Supreme Court justice about the inspiration behind her recently published memoir My Beloved World.

“Love and passion, that is the only way you do something well,” Sotomayor said. “Do a few things, but do them well.”

Sotomayor, 58, spoke of the many things that inspired her to share her story with the world, one of which was in responses to questions she hadn’t expected during her confirmation process, such as how children cope when a parent dies, especially if they don’t have a mother like hers.

“I began to understand that I couldn’t talk to every child in the country,” Sotomayor said. “I could give them the answers in a book.”

One child she did embrace and speak with on Friday evening was a young girl in the audience named Madeline. Madeline, who was introduced by Shalala, and Sotomayor turned out to have one thing in common: a love for Nancy Drew.

Sotomayor credits the lessons she learned from the fictional tales of a young girl detective as one of the motivations for her successful career.

“When she [Nancy Drew] was trying to solve people’s problems,” Sotomayor told Madeline, “she was trying to help people.”

“I think too many young lawyers forget that the law is the noblest profession you can enter,” Sotomayor said. “What you do is helping people.”

When asked what other profession she would have ever considered going into, Sotomayor said there was not one. “This fish found her pond, and she ain’t changing it,” Sotomayor said.

Shalala questioned Sotomayor about her life as a diabetic, which her memoir speaks of at great length.

“If you have diabetes and want to live a full life, you figure out how to have both things,” Sotomayor said.

She was diagnosed with juvenile diabetes at 8 and she credits living with the chronic illness with teaching her discipline. “Every moment of every day I am self-monitoring inside,” Sotomayor said.

That constant discipline, she said, teaches you to do things like monitoring diet, something she feels everybody should do.

With many students in the audience, she was asked about her scariest experience in law school.

“Being there,” Sotomayor chuckled. “If you think you are smart in college, you realize how dumb you are.”

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Feral cats to be trapped at federal wildlife refuges in Florida Keys

Efforts to protect native animals in Florida Keys wildlife refuges will trap feral cats and other unwanted "pests," say federal managers.

The "Final Integrated Pest Management Plan" for the Florida Keys National Wildlife Refuges, released this week, says U.S. Fish and Wildlife Service staff "will begin actively controlling and removing certain exotic animals from public lands within these refuges."

That includes national wildlife lands at Crocodile Lake on North Key Largo, National Key Deer Refuge based on Big Pine Key, and the Great White Heron and Key West refuges in the Lower Keys.

"They've been talking about this for several years but this is the first we've heard that they're actually going to begin implementation," said Jerry Dykhuisen, an officer of Forgotten Felines, a cat-rescue group in the Middle and Lower Keys.

Forgotten Felines and several other national animal groups oppose trapping feral cats, which often are considered unadoptable and put to death.

A number of conservation groups including the Sierra Club, National Wildlife Federation and the American Bird Conservancy support the plan, saying birds and local endangered species have few defenses against predatory cats that do not belong in Keys wild areas.

"In terms of influencing the Lower Keys marsh rabbit or Key Largo woodrats chance of persisting, the significance of cat predation exceeds other threats," says the management plan. "Cats impact a remarkable proportion of species in affected communities."

White-crowned pigeons and many other protected bird species "depend upon Keys habitats to sustain them before and after long, over-water migrations," said Audubon Florida's Julie Wraithmell in an FWS statement. "This management plan helps ensure a future for these species in the Florida Keys."

Phillip Hughes, an FWS biologist and acting manager at the Key Deer refuge, said the agency will not mount a large-scale trapping program, but will place traps in known areas where cats and wildlife may come together.

Cats captured will be taken to local animal shelters where staff "can use their expertise regard final disposition of the cats..."

That could include trying to place the cats with "responsible pet owners or placement in long-term cat care facilities on the mainland."

The county-contracted shelter closest to Big Pine Key is based in Marathon.

"When they were talking about this before, there was a no-kill shelter on Big Pine where people could go to get their pets back," Dykhuisen said. "Now there's no shelter at all, so that's a complicating factor."

Iguanas, also considered an unwanted exotic species that eats plants needed by native wildlife, also could be targeted under the plan.

When the draft Pest Management Plan was published in late 2010, the Fish and Wildlife Service received 9,614 comments. The final plan says "over 99 percent" of those were "Internet-generated letters with standard comments."

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Weather alert: Cool-down to the 50s expected Thursday, Friday nights

A cool front is heading our way.

Temperatures in South Florida are forecast to dip into the 50s starting Thursday night.

Whoo-hoo!

But before that, highs will rise to the mid- to upper-70s before cooling down overnight to the mid-50s with a breeze.

Friday night will be cool again, with lows in the upper-50s.

A similar patter is predicted through the weekend.

Click here for the full weather forecast.

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Man in wheelchair robbed of his ‘man-purse’ and dumped to the ground

A man in a wheelchair was robbed of his “man-purse” outside of a Southwest Florida store late Tuesday.

The 53-year-old victim, whose name was not released, was leaving a Dollar General Store in Bradenton when a man approached him from behind and attempted to snatch his man-purse, which was wrapped around his right arm, according to the Manatee County Sheriff’s Office.

During a struggle, the suspect pulled the victim out of the wheelchair and onto the ground. The suspect grabbed the purse and got into the backseat of a waiting car, according to the sheriff's office. The vehicle then took off from the shopping center.

The victim went home and called police about 40 minutes after the robbery.

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Related developers find themselves in court over tactics

His company on trial over its tactics in a controversial condo project, Jorge Pérez, the celebrated developer, found himself on the witness stand Monday answering to an unexpected foe: Jorge Pérez, the author.

Pérez, the chairman of the Related Group, testified in the trial of a lawsuit brought against his company by The Vizcayans, a fundraising and support group for the Vizcaya Museum and Gardens. The Vizcayans have accused Pérez’s company of secretly manipulating the zoning process at Miami City Hall to win approval in 2007 for a three-tower condo project next to Mercy Hospital in Coconut Grove — forcing the Vizcayans to spend more than $1 million in legal fees in its successful effort to kill the project.

The Vizcayans, who objected to the project because it would have intruded on the views from the historic property, have also accused the developers of quietly buying the approval of two local neighborhood associations by offering them $8 million in exchange for their support.

William Davis, a lawyer for the Vizcayans, questioned Pérez about the arrangement by citing passages from Pérez’s 2009 book, Powerhouse Principles: The Ultimate Blueprint for Real Estate Success in an Ever-Changing Market (foreword by Donald Trump). In the book, Pérez discussed his efforts to build the Mercy Hospital project, and said his team decided to keep the payments to the neighborhood groups secret because “we gave them a lot of money,” and he feared other groups would ask for more if they got wind of it.

Pérez sheepishly conceded that he didn’t exactly write his book — it was the work of a ghostwriter with whom he worked.

“They were my thoughts interpreted by a person that was writing,” he said.

Davis also tried to hoist Pérez on one of his powerhouse principles from the book: “neutralize the opposition.”

He suggested that Related sued the Vizcayans seeking public records in an effort to harass them. Pérez denied the allegation and said he had no recollection of that lawsuit.

Pérez insisted that there was nothing sinister about the deals with the neighborhood groups; he said the payments to the groups were simply a routine practice his firm follows when it seeks community support for its projects.

“I’m doing that on probably 10 projects right now,” Pérez said.

Yery Marrero, the president of the Natoma Manors homeowners’ association, told jurors that her group supported the condo project not because of the promise of money, but because they thought the condos would prevent Mercy Hospital from expanding and bringing even more traffic to their already congested neighborhood.

“Our issue in our neighborhood is traffic,” Marrero told jurors. “Per day we have so many cars going through there.”

The Vizcayans’ lawyers have portrayed the payments as part of a larger scheme to win over the Miami City Commission, which had to endorse zoning and land-use changes for the condo project. They have accused Related’s staffers, lawyers and lobbyists of working behind the scenes to essentially rig the commission vote.

In one January 2007 email, a Related vice president told Pérez that they had confirmed the votes of three commissioners in favor of the condo deal — days before the first public hearing on the project.

The City Commission ultimately approved the project in a 3-2 vote. But following a suit from The Vizcayans, an appeals court later overturned the decision, finding that the city ran afoul of state zoning laws and that then-Mayor Manny Diaz had improper contact with Pérez during the veto period after the vote.

Diaz is expected to testify Tuesday.

Related’s lawyers, John Shubin and Israel Reyes, have asked Miami-Dade Circuit Judge Daryl Trawick to throw out the case, saying The Vizcayans have failed to prove that the developers set out to deliberately harm the nonprofit.

The developers’ lawyers also called Miami Mayor Tomás Regalado as a witness Monday. Regalado, who was on the commission at the time of the 2007 vote, said he never heard anything suggesting that the developers were trying to harm The Vizcayans.

Shubin said the Vizcayans are wrongly seeking to punish the developers for simply petitioning the government for a zoning change.

“This is all about petitioning activity,” Shubin said. “They can’t even cite to you a case that looks remotely like this one that has been brought.”

Pérez took his day on the witness stand with good humor. “I’m glad someone is reading my book,” he said when his testimony ended.

The trial, now in its fourth week, is expected to end this week.

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Power suit: Monroe County sued by Keys residents for $10 million over no electricity to island

Four No Name Key residents filed a $10 million discrimination lawsuit against Monroe County Thursday in Circuit Court.

Jim and Ruth Newton, along with Robert and Julianne Reynolds, allege the county has for years willfully denied the Lower Keys island commercial power without proper cause. Currently homes there are powered by solar and generators.

"The county has a long history of discrimination against that island and the residents and its very flagrant. And if it's not discrimination, it's ignorance," Reynolds said Friday.

The crux of the plaintiffs' argument is Chief Circuit Court Judge David Audlin's ruling in 2011 that the state Public Service Commission has jurisdiction over the matter, not the county.

That ruling came about from a county filing asking Audlin to decide whether county law allows commercial electricity on No Name. County officials say the law doesn't allow it and that it can't issue permits for it.

The suit concentrates on Monroe County fighting the installation of 62 Keys Energy Services power poles last year, as well as a 2001 county ordinance creating a coastal barrier overlay district prohibiting commercial utilities in federal coastal barrier areas.

Congress created the Coastal Barrier Resource System in 1982, and updated it in 1990, to protect undeveloped coastal barrier areas.

The lawsuit also addresses the Newtons' controversial application last year for an electrical building permit from the county. Originally granted, it was revoked when county officials realized their home is on No Name.

In addition to the $10 million in damages -- which Reynolds called a "low" number-- the plaintiffs want Audlin to void the county's coastal barrier overlay district law and grant homeowners electrical permits.

"If you knew what this has done to the friendships and relationships there ... it's pretty much the only thing they think about and talk about. I don't know what the value of my peace of mind is, but in my mind it's pretty significant," Reynolds said.

He's owned a house on No Name since 2005.

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Woman’s Club member earns another well-deserved honor

Warm congratulations to my friend and Miami Woman’s Club sister Dolly MacIntyre, who will be honored as the club’s Historian of the Year for 2013 on Tuesday at the monthly luncheon meeting.

Dolly has been a resident of Miami for 56 years. She began her involvement with local history and historic preservation in 1966. She is a kind and unassuming woman who goes about doing good works without blowing her own horn and she is a highly acclaimed activist for historic preservation and the recipient of numerous awards for dedicated service.

In 2012, she received the Mary Call Darby Collins Award from the state of Florida for her preservation work. Early on, she became a charter member of the Villagers and founding president of the Dade Heritage Trust, and today she remains active in both organizations.

Dolly is a lonttime member and past officer of the MWC, the Woman’s Club of Coconut Grove, the Dade County Federation of Women’s Clubs and the Women’s History Coalition. In addition, she is a board and committee member of many community organizations.

The luncheon will begin at 11:30 a.m. with networking, with lunch and the program to follow at noon in the Ballroom of the Doubletree Grand Hotel, 1717 N. Bayshore Dr.

You can still make reservations and pre-order for vegetarian option by calling Nancy Smith at 305-891-3789. The cost is $25 for members and $35 for non members.

Retired FIU professor honored for book

There’s a lot to be happy about today. Howard B. Rock, Florida International University professor of history emeritus, recently was awarded the Everett Family Foundation Jewish Book of the Year at the 2012 National Jewish Book Awards. The award was announced Jan. 15 by the Jewish Book Council and was for the three-volume series City of Promises: A History of the Jews of New York of which Rock wrote the first volume, Haven of Liberty: New York Jews in the New world, 1654-1865.

Rock shared the top Jewish book award with Annie Polland and Daniel Soyer, who authored the second volume, "Emerging Metropolis: New York Jews in the Age of Immigration, 1840-1920", Jeffrey S. Gurock, who wrote the third volume, "Jews in Gotham: New York Jews in a Changing City, 1920-2010", and noted Jewish historian Deborah Dash Moore, who was the general editor of the project.

Rock, a Miami resident and member of Temple Israel of Greater Miami, also co-authored a history of New York Jewry. He taught American history for 36 years at FIU. His speciality is early American history to 1815, early American social history, the history of New York City, early American labor history and early American political history. In addition, he has published an/or edited five books, including Artisans of the New Republic, The New York Artisan, Keepers of the Revolution, The American Artisans, and A History of New York Images.

Guest composer at FIU

The Florida International School of Music will present a program, “East Meets West,” with guest composer Chinary Ung and the FIU Symphony Orchestra at 7:30 p.m. Friday at the Wertheim Performing Arts Center, 10910 SW 17th St.

Also featured on the program is the Amernet String Quartet and the NOBUS ensemble and the music of Ung, Garcia, Sudol, Jen and Colangelo.

The concert is free and open to the public.

MDC leader to speak in Homestead

You are invited to hear Jeanne Jacobs, president of the Miami Dade College Homestead campus at noon on Feb. 4, at the Homestead Community Center, 1601 N. Krome Ave. Jacobs is the Black History Month speaker at the Bea Peskoe Lunchtime Lecture series, presented free by the Homestead Center for the Arts.

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Miami Commissioner Michelle Spence-Jones running for reelection

Eight years have passed since Michelle Spence-Jones was elected to the Miami City Commission.

She isn’t willing to leave just yet.

Spence-Jones — who was charged with bribery and grand theft in 2009, suspended from office, acquitted and reinstated to her post — is seeking reelection, she announced Friday. She represents District 5, which includes Overtown, Little Haiti and Liberty City.

Whether Spence-Jones could run again has been the subject of much debate. The Miami city charter limits commissioners to two terms and Spence-Jones has twice won election. But City Attorney Julie O. Bru opined that Spence-Jones could run again because her second term was interrupted by the suspension.

“Our charter prohibits a commissioner or the mayor for running for reelection after that commissioner or mayor has served two consecutive terms,” Bru reaffirmed to Spence-Jones at a City Commission meeting Thursday. “You are eligible to seek reelection because you did not serve two full consecutive terms.”

Spence-Jones’s opponent isn’t buying it.

“The bottom line is, Michelle is term limited,” said the Rev. Richard P. Dunn II, who held the commission seat in Spence-Jones’s absence. “She received financial compensation for the time she was away and she was fully vested in the pension. Are the citizens of Miami going to pay her twice?”

Dunn plans to file a legal challenge “immediately,” he said.

Spence-Jones wants the additional term, she said, “to finish what I started.”

She pointed to the improvements she’s spearheaded along Northeast Second Avenue in Little Haiti. “We cleaned the place up, repainted many of the buildings and recreated a Caribbean feel by adding steeples,” she said.

The ultimate goal, Spence-Jones said, is to make Little Haiti a destination for tourists akin to Little Havana’s Calle Ocho. She has a similar vision for Overtown, which was once the cultural hub of Miami’s black community. To that end, Spence-Jones pushed for improvements to Northwest Third Avenue and provided grant money for local businesses.

“Now we’re going to move forward with a marketing campaign and build relationships with cruise lines and tour operators,” Spence-Jones said. “But these sorts of things take time.”

Other big projects are in the works.

Earlier this year, Spence-Jones pushed through a $50 million bond issue for improvements in Overtown — the largest investment the blighted community has seen in decades. The money will go toward affordable housing and some retail projects.

But Spence-Jones takes an equal amount of pride in some of her smaller initiatives, including a project that brought Hollywood director Robert Townsend to Overtown to film an independent movie. Students from the University of Miami and several local high schools had the opportunity to serve as interns. The film will debut this summer.

She plans to focus future efforts on Liberty City. She is already laying the groundwork for a program that will train residents to become laboratory technicians. A second program will help people with criminal records pursue careers in the automotive industry.

Spence-Jones’s tenure has been somewhat of a rollercoaster. After being elected to her second term, she was charged with bribery and grand theft in two separate cases and removed from office by then-Gov. Charlie Crist. Jurors later acquitted her of bribery, and prosecutors dropped the grand-theft charges.

A vindicated Spence-Jones returned to City Hall in August with newfound political heft.

Spence-Jones is now suing Miami-Dade State Attorney Katherine Fernández Rundle and Miami Mayor Tomás Regalado, accusing them of conspiring to destroy her political career via the prosecutions. She declined to talk about the suit, saying only: “I’m going to let my lawyers fight that battle.”

She may have another legal fight ahead.

Dunn believes the city attorney’s opinion giving Spence-Jones the go-ahead to run again won’t withstand a legal challenge. He says Spence-Jones has served two consecutive terms because she was paid for two consecutive terms.

Dunn also criticized the city attorney, saying she likely felt pressured to give that opinion because Spence-Jones is her boss.

“If it stands up in a court of law, I will respect that,” said Dunn, who attended Thursday’s commission meeting and took notes on a legal pad. “But I’m not going to be whitewashed by a city attorney’s opinion that’s biased by her boss’s posturing position.”

Dunn, who also sat on the commission in the mid-‘90s after Commissioner Miller Dawkins was removed from office, pointed to his own accomplishments as a commissioner. He said he helped secure funding for Gibson Park,and quelled racial tensions after Miami police officers shot and killed seven black men in 2010 and 2011.

“Michelle Spence-Jones does not own that seat,” he said. “It’s owned by the people of District 5.”

No other candidates have announced they are running for the post.

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Broward contractor accused of accepting bribe for Florida Keys roadwork

A Pompano Beach contractor has been charged by federal authorities with bribery for accepting money to steer a state Department of Transportation contract to a subcontractor working on traffic signals in the Florida Keys, the U.S. Attorney's Office said.

Ron Capobianco Jr., 40, is charged with committing bribery in connection with programs receiving federal funds. If convicted, he could get 10 years in prison. He had his first appearance before U.S. Magistrate Judge Barry Seltzer Wednesday morning.

He is accused of accepting $4,000 for steering a $25,000 contract to a subcontractor. Prosecutors did not say who that subcontractor is or whether the subcontractor approached authorities or they approached the subcontractor.

Prosecutors say Capobianco worked as an engineering and inspection consultant at Miami's Metric Engineering Inc. DOT contracted with Metric to provide services including designing, inspecting and troubleshooting construction of roads, signs and traffic signals.

DOT considered Capobianco an expert on signalization and lighting construction, including the use of video cameras for traffic signalization and control. Prosecutors say that around 2009, DOT began its work in Marathon to improve traffic flow.

They say that around May 2009, an agent of the subcontractor offered to pay Capobianco $5,000 if the subcontractor could receive at least $25,000 to install video detection equipment. Capobianco reportedly agreed to the deal, enabling the subcontractor to make a significant profit.

The subcontractor's estimate was approved and subsequently paid by the state after the equipment was installed. Then around May 2009, Capobianco reportedly met with an agent of the subcontractor in Plantation in Broward County and was paid $4,000 in cash for his help getting the subcontractor the work.

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Last call? Iconic Keys bar closes indefinitely

One of Marathon's most iconic watering holes is closed for the foreseeable future.

Famous for its Sunday night jam sessions and waterfront Boot Key Harbor location, Dockside Bar & Grill co-owner Brian Sweeney said Monday that the business has been closed since mid-December for significant renovations.

"Basically, we're rebuilding the floor," he said. "We're going to put in new pilings and make the building safer than it was. You can't have people in a restaurant if you're concerned about the floor."

Sweeney said the repairs were a long time coming because of concrete poured improperly some 20 years before. He said he's been working with an architect and general contractor on the project.

Sweeney said it was an "owner's decision" to move forward with the remodel. He said the decision did not involve lessees Tony and Caitrin Piscetello.

"We just decided we wanted to get it done. Whatever he has planned, we'll discuss it with him," Sweeney said.

Caitrin declined to discuss specifics, but said she and her husband would not be involved with the reopening of the bar.

"We are not opening it back up; we've removed ourselves from the location," she said. "The building has needed repair for quite some time and they came in to fix it."

Dockside has undergone change in recent years. Sweeney said it was sold to L & E Entertainment "four or five years ago," L & E later defaulted on the mortgage and turned it back over to Servais, Sweeney and Johnson Property Company LLC. The Piscetellos took over one year ago.

Sweeney said he's already had several inquiries about the business, and that "you've got to kiss a lot of toads" before you find the right match.

"I've gotten a lot of interest," he said.

Sweeney added that renovations would likely carry on through the end of tourist season, so renovations won't be rushed. There is no target date to reopen, he said.

"It's just too early to tell," he said.

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Drug-tracking Fat Albert blimp in the Keys will be deflated in March

Fat Albert, the familiar military blimp based on the bayside of Cudjoe Key, is set to come down permanently on March 15 after keeping watch over the Lower Keys since 1980.

Due to federal defense funding cuts, the U.S. Air Force's Tethered Aerostat Radar System, comprising Cudjoe and eight other sites along the Gulf of Mexico, Mexican border and Puerto Rico, will shut down.

The surveillance program is "capable of detecting low-altitude aircraft at the radar's maximum range by mitigating curvature of the Earth and terrain-masking limitations," according to Air Force literature from the Langley, Va.-based Air Combat Command.

The Cudjoe Key aerostat's primary mission is to support counter-drug operations. U.S. Customs and Border Protection and Joint Interagency Task Force-South, the latter located in Key West, employ the data, among others.

"Its presence has a deterrent value to illicit trafficking here in the area," U.S. Coast Guard Sector Key West Cmdr. Al Young said on US1Radio this week. "It also allows us here at the Coast Guard to maintain real-time visibility of air and surface resources that we may have and on occasion, we have used that information to vector assistance resources to find search objects."

NAS Key West spokeswoman Trice Denny said the Navy doesn't use the system to any appreciable extent.

On Saturday, a Summerland Key man identified only as R.H. posted a petition on the White House's website asking to "keep the Tethered Aerostat Radar System operational in order to help secure the southern border of the United States.... If we truly are concerned with the war on drugs and wish to have a cost-effective sensor to fight that war, then this sensor must remain active."

By Tuesday, it had more than 300 signatures. To get a response from President Barack Obama's staff, the petition would have to get 100,000 or more signatures by Feb. 18. The petition is available through www.whitehouse.gov/petitions.

Contractor Exelis Systems Corp., based in Colorado Springs, operates the network of blimp-mounted radars. Following the March 15, shutdown, "the remainder of the fiscal year will be used to deflate aerostats, disposition equipment and prepare sites for permanent closure," according to a notice from Program Manager Tim Green.

The Cudjoe aerostat holds 275,000 cubic feet of helium and measures in at 186 feet with a 62.5-foot diameter. The normal operating altitude is around 12,000 feet and it has a radar detection range of some 230 miles.

Radar data is transmitted to a ground station, where it's digitized, then transmitted to various federal users. Up until 1992, the Air Force, U.S. Customs Service and U.S. Coast Guard operated the network. In 1992, Congress switched management over to the Department of Defense.

The average per-site annual cost for a TARS site in 2002 was $2.8 million, according to a history prepared by the National Oceanographic and Atmospheric Administration. Updated numbers weren't available Tuesday.

Other than off the aptly named Blimp Road on Cudjoe, there are TARS sites in Deming, N.M.; Morgan City, La.; Lajas, Puerto Rico; Fort Huachuca and Yuma in Arizona; and Eagle Pass, Marfa, Matagorda and Rio Grande City, all in Texas.

In April 2007, a 1997 Cessna 182Q crashed into the Cudjoe aerostat's tether, killing all three people aboard. The plane had violated a three-mile radius, 15,000-foot air-space restriction around the Cudjoe site.

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Appeals court throws out Miami judge’s controversial fingerprint ruling

An appeals court has thrown out a Miami-Dade criminal court judge’s controversial ruling restricting long-accepted fingerprint evidence.

The Third District Court of Appeals this week ruled that Circuit Judge Milton Hirsch should have removed himself from the case before issuing his ruling.

The reason: Hirsch had earlier told two prosecutors that he would remove himself from similar cases because he harbored “preconceived opinions on the subject of fingerprints.”

In October, Hirsch ruled that a police fingerprint examiner could not testify that he identified a conclusive fingerprint “match” for Miami’s Radames Borrego, who is accused of two burglaries.

The judge’s ruling raised eyebrows among legal observers because U.S. courts have long allowed experts to testify to jurors that the accused person’s fingerprint is unique to him or her.

The appeals court did not rule specifically on Hirsch’s fingerprint order, but nevertheless threw it out, saying the judge should not have presided over the case. It is unclear whether Hirsch will be able to preside over future criminal court cases involving fingerprint evidence.

Hirsch, a former president of the Florida Association of Criminal Defense Lawyers and a law school professor who wrote a book on state criminal trial procedure, is well-known in South Florida’s legal community. He was elected in May 2010.

The judge — who often quotes Shakespeare in lengthy orders — often delves into polemic legal waters.

In 2010, when a Tampa federal judge ruled that Florida’s drug law was unconstitutional, Hirsch was the only local state judge to follow suit. He threw out more than two dozen cases, but the same Miami’s appeals court later reversed Hirsch.

Late last year, Hirsch from the bench criticized relatives of a murder victim after they criticized him in a Spanish-language television interview. After he declined to recuse himself from the case, the Third DCA booted him from the case.

Also last year, the same appeals court said Hirsch “did not have jurisdiction” when he filled in for a fellow judge, then reversed that judge’s decision to keep behind bars a man accused of violating a restraining order.

Hirsch will be ruling on a high-profile case next week.

Lawyers for Sergio Robaina, accused of voter fraud, have asked Hirsch to throw out two misdemeanors charged under a county ordinance prohibiting possession of more than two absentee ballots. The ordinance is unconstitutional, they claim.

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Cuban exile mother of poet laureate Richard Blanco now in spotlight as his inspiration

At first, Geysa Blanco thought her son was kidding.

"He said, ‘Mom, I have news for you,’ " Blanco said, recalling the telephone call from her son a few weeks ago.

"Between English and Spanish, he told me that they had chosen him to write and read a poem at the presidential inauguration,” she said.

But Richard Blanco, a child of exiles who was raised in Miami and graduated from Florida International University, was serious.

The Barack Obama inaugural committee chose the 44-year-old Cuban-American civil engineer and author to recite an original poem at Monday’s inauguration.

Richard Blanco has also been speechless. “It took me 10 minutes to remember what the word for inauguration is in Spanish," he said in a telephone interview Sunday from Washington, D.C., less than 24 hours before taking center stage.

Blanco, who now lives in Maine, will become the first Hispanic inaugural poet and the first openly gay one. He is also only the fifth and youngest poet in the exclusive club of poets.

The first was Robert Frost, who in 1961 wrote a poem for the inauguration of John F. Kennedy.

Then in 1993, Bill Clinton chose the African-American writer Maya Angelou. William Miller was chosen for Clinton’s second inauguration, and Elizabeth Alexander wrote the poem for Obama’s first ceremony.

In a statement, Obama said Blanco’s work represents "the great strength and diversity of the American people."

This diversity and strength could be reflected in the story of the poet’s Cuban exile mother.

"She is a very brave woman and has worked hard all her life for my brother and me," Blanco said.

During an interview at her Westchester home, Geysa Blanco, 75, said that it still seems surreal that a woman who grew up in a sugar refinery in Cienfuegos will stand in front of the National Capitol, watching her son recite a poem for the nation and the president of the United States.

“My son said reporters might want to interview me and I said, ‘Me? What for?’ ” Geysa Blanco said. Indeed, local reporters and TV cameras have come knocking and the proud mother has given several interviews.

Geysa Blanco has also become a celebrity among her neighbors, friends and customers at Regions Bank on Bird Road, where she has worked for more than 30 years.

The roots of Richard Blanco’s writing began in 1968 when his parents fled the Communist island and went into exile in Spain. At the time, Geysa Blanco, a teacher, was pregnant and she and her late husband Carlos, already had an older son, also named Carlos.

"We decided to leave Cuba because the government was becoming more and more difficult to live under," she said. "But it was very painful for me because I left my mother and brothers behind and came here virtually alone and with nothing."

After five months in Spain, where she gave birth to Richard, they emigrated to New York.

As a boy, she said Richard always had an interest in exploring his Cuban roots.

"I always had questions about Cuba, about the family we left there," he said. On his website he refers to himself as being “made in Cuba, assembled in Spain, and imported to the U.S.”

That sense of not belonging and trying to belong seeps through his books of poetry, which often feature his family and their efforts hold on to their traditions.

When Richard was about 5 and Carlos 11, the family moved to the closest place to Cuba – Miami. His mother went to work in a supermarket and later landed her bank job.

"We lived three generations in one house, my husband’s parents, my husband and I, and Charles and Richard," the poet’s mother said. "Sometimes it was hard because grandparents are not accustomed to the modern ways of young people.”

Today, she laments that those family members are gone. “I wish Richard’s father and grandparents were here to enjoy this day,” she said.

Richard Blanco did get to visit the homeland his parents yearned for when he was growing up.

"Everyone thought he wasn’t going to speak Spanish and was going to feel uncomfortable," Geysa Blanco said of her relatives on the island. "But they were surprised because he picked yucca in the fields, jumped in the canals and danced a lot, just like everyone else.”

That trip as a young man would shape the poet’s future work, his mother said. "I think that’s where he caught the bug to write about his roots," she said.

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