Florida Criminal Attorneys Blog

A man was arrested by a Tampa, Florida fugitive task force for murder in connection with a cold case dating back to 1995.  Authorities are expected to charge John Earl Cantey with first-degree murder according to the Tampa Police Department.  John Earl Cantey was arrested after new DNA evidence was processed.  Cantey was arrested on Tuesday, but the arrest was anticipated after Tampa police previously contacted Cantey to inform him that they were planning to arrest him based on the DNA results.

At the time of the original crime, Marsha Norris's body was discovered in an alley.  Laboratory testing conducted in 2007 tied Cantey to the murder scene and Norris according to Tampa police.  Norris was arrested by Tampa police after being interviewed by police and providing new DNA samples, which confirmed the evidence discovered in 2007.  Tampa police also indicated that Cantey made incriminating statements that also played a role in his arrest.  "We had been doing surveillance on him for sometime until the evidence came back that he was the one who committed the crime," said Tampa police spokesman Andrea Davis.

Several law enforcement agencies, prosecutors' offices, and crime labs across the country have established innovative programs to review old cases.  Commonly called "cold case units," these programs have enabled law enforcement officials to arrest suspects many years after the original crime. Most frequently, DNA evidence has been the key in solving these cases. Under these programs, the National Institute of Justice has funded states and units of local government to identify, review, and investigate "violent crime cold cases" that have the potential to be solved using DNA analysis and to locate and analyze biological evidence associated with these cases.

Some attorneys are not very experienced in using DNA effectively in a case. They assume that apparently incriminating DNA evidence is valid and fail to challenge the test findings.  Experienced Florida criminal defense lawyers know that DNA evidence is not always accurate. The DNA sample may be contaminated by the police or in the lab.

A qualified Florida criminal defense lawyer will carefully investigate chain of custody, lab notes, computer printouts, testing reports and other documents to determine if the DNA evidence is reliable or if a motion to suppress needs to be filed," said Florida criminal defense Attorney John Musca. "In some cases, the charges against the defendant will be dropped and the case dismissed, if the DNA evidence is successfully challenged."

If you or a loved one has been charges with a DUI or other criminal offense, contact a reputable attorney for help with your case today.  It is understood that poor choices can lead to serious criminal consequences. A Florida criminal defense attorney will advise you of your rights guide you through the complex court system and provide you with the help that you need during this difficult time.

A Florida man has been charged with murdering his pregnant girlfriend.  Some have argued that the law needs to be changed so that the man can also be charged with the death of the unborn fetus.  Larry Reed has been charged with second-degree murder in the killing of his girlfriend Anastasia Boyd who was four months pregnant at the time of the shooting.  Police indicate that Reed confessed to shooting his girlfriend after being read his Miranda rights.  Reed made his first appearance on Thursday and was denied bond.

People familiar with the couple were split on whether there where indications that this type of violence was predictable based on the couple's interactions.  Boyd's mother indicated she did not like Reed and did not want her daughter dating him.  She also conceded that her daughter continued to date Reed over her objections. 

Those who knew Reed claimed he was trying to improve himself by attending an alternative school in an attempt to get his GED.  Friends of the couple also suggested there were no indications of trouble with the couple.  However, there was some question about whether Reed was the father of Boyd's baby.  Another friend of the couple said, "He's nice.  He gets along with everyone.  He doesn't start drama.  He's nice and kind.  I don't see him doing something like this."

Prosecutors did not charge Reed with the death of the fetus because Boyd was only four months pregnant at the time of the incident.  Under current Florida criminal law, a person cannot be charged with the death of a fetus unless the fetus could have survived on its own outside the womb.  Senator Mike Fasano from New Port Richey would like to see the law changed.  He recently introduced legislation that would make it a crime to cause the death of a fetus at any stage of a pregnancy.  "We want to make it very clear that the fetus is an unborn child and if that life is taken because of a criminal offense against the mother at the same time, then that unborn child would be considered murdered as well and that person would be charged for that crime," said Senator Fasano.

Florida Criminal Attorney John Musca commented that this could be a major change in the law and potentially raise lots of new issues.  If a fetus is considered a person for purposes of criminal law at all stages of a pregnancy, then it might mean crimes against a pregnant woman would generally involve a second victim and additional charges.  The question that must also be asked is what if the person has no reason to know the victim is pregnant.  These are questions that may need to be addressed if the fetus is defined as a person for criminal law purposes, said Musca.

Musca Law Firm had over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Florida criminal defense team will aggressively defend your rights on the State and Federal level.  The prosecution is looking to punish you to the fullest extent of the law.  You need a knowledgeable attorney that will watch out for you.  Contact Musca Law for a free, comprehensive review of your case.