Wednesday, May 6, 2009

Jury seated in trial for defendant in ’06 double murder; Faces life if convicted

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 5/6/09











1.)“Cash Feenz” defendant Roderick Washington, left, discusses jury selection with co-council Paul Sullivan and Toby Oonk during his trial Tuesday.

2.)“Cash Feenz” defendant Roderick Washington listens to potential jurors answer the questions of Lee Circuit Judge Thomas Reese during jury selection for his trial Tuesday.

*photos copyright to the Cape Coral Daily Breeze


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From 70 to 14.

That is the equation state and defense lawyers were trying to solve Tuesday so alleged "Cash Feenz" defendant Roderick Washington will receive a fair trial.

After extensive questioning throughout the day, behind closed doors and in open court, lawyers whittled the initial jury pool of 70 down to four men and 10 women.

Two of the jurors are alternates.

Washington is charged with two counts each of first-degree murder, kidnaping and aggravated battery with a deadly weapon. He is one of 10 defendants accused in the 2006 torture and killings of Alexis and Jeffery Sosa in Cape Coral.

He faces a life prison sentence if convicted.

In Courtroom H of the Lee County Justice Center, presiding Judge Thomas Reese, Assistant State Attorney Bobby Lee and defense lawyer Paul Sullivan questioned the potential jury pool, which was too large to house in Reese's usual courtroom, Courtroom G.

When Reese asked the jurors if they had heard of the case, a large number of them raised their hand to indicate they had.

"Knowledge of the case is OK," he said. "I'm concerned about if you've formed an opinion. Can you be objective, fair and impartial, and reach a conclusion?"

To ensure Washington's jury would be able to answer "yes" to Reese's question, he and lawyers spoke with jurors individually in an adjacent conference room, where other jurors could not hear.

One by one the jurors entered and left until only 43 remained.

They were then asked a series of questions by Lee and Sullivan, such as if they had negative feelings about law enforcement officers, if they would judge Washington if he did not testify despite his constitutional right not to, if they listened to rap and their feelings toward gang violence.

Opening statements will begin today, and the trial is slated to run through the week.

Co-defendants Mike Balint, Cody Roux, Iriana Santos, Kemar Johnston and Alexis Fernandez were among those listed as possible state's witnesses during the trial.

Fernandez pleaded guilty to lesser charges last week as part of a state plea deal. If he testifies truthfully against his co-defendants during their trials, he will be sentenced to 26 years in prison.

Johnston and two other defendants in the case, Kenneth Lopez and Paul Nunes, have impending trials and face the death penalty if convicted.

Co-defendant Ashley Toye was found guilty in a jury trial and sentenced to life in prison.

Washington's trial resumes today at 8:30 a.m.

Tuesday, May 5, 2009

Roderick Washington trial updates (Day 1)

1:30 -- Jury selection continues in Roderick Washington trial

The 43 remaining potential jurors in the trial of Roderick Washington resumed at 1:30 p.m. today and they were first asked biographical questions which are typically asked during the voir dire process. They have been asked for information such as where they live, their occupations, information about their family and if they've ever served on a jury or been the victim of a crime, via questionnaire form.

They responded aloud to judge Thomas Reese, while Washington, defense counsel and

assistant state attorneys sat quietly at their respective tables and listened.

Prosecutors and defense counsel took notes based on the potential jurors' answers.

Assistant State Attorney Bobby Lee questioned jurors who indicated they were a victim of a crime or knew someone who was a victim of a crime. He asked if any of those jurors would be unable to be fair as a juror in Washington's trial because of their experiences with law enforcement.

One juror indicated her son has been convicted of murder. Though Washington is also on trial for murder, the juror told Lee she thought she could be impartial if selected.

Another juror said his father was murdered and the accused killer convicted in court. He also said he thought he could be fair as a juror.

A female juror told Lee her uncle was convicted of manslaughter but that she could be impartial.

Lee continues to question jurors. When he is finished defense council will pose questions to the remaining jury pool.

Washington, one of 10 defendants accused in the killings, faces a life prison sentence. He is charged with two counts each of first-degree murder, kidnapping and aggravated battery with a deadly weapon.

The case is often referenced by the name of a rap group several of the defendants were a part of the "Cash Feenz."

Due to publicity, lawyers are individually questioning jurors about their knowledge of the case, to avoid contaminating the jury pool. The questioning is taking place in a smaller room connected to courtroom H in the Lee County Justice Center. The questioning cannot be heard from the courtroom.

When presiding judge Reese asked if any of the jurors had heard about the case, a majority raised their hands to indicate they had.

"Knowledge of the case is OK," Reese told potential jurors. "I'm concerned about if you've formed an opinion. Can you be objective, fair and impartial, and reach a conclusion."

Reese told potential jurors that the allegations against Washington are not proof of guilt, and that the presumption of innocence stays with him until proven guilty by evidence.

Several of the jurors have left the courtroom after questioning, while others have taken a seat in the gallery.

Jury selection is expected to take through today. Reese estimated the trial will run through the week.


11:25 -- Jury questioned during selection process in Cash Feenz defendant’s trial

Jury selection has begun in the trial of Roderick Washington, accused in the torture and killing of Alexis and Jeffery Sosa in Cape Coral.

Washington, one of 10 defendants accused in the killings, faces a life prison sentence. He is charged with two counts each of first-degree murder, kidnapping and aggravated battery with a deadly weapon.

The case is often referenced by the name of a rap group several of the defendants were a part of the "Cash Feenz."

Due to publicity, lawyers are individually questioning jurors about their knowledge of the case, to avoid contaminating the jury pool. The questioning is taking place in a smaller room connected to courtroom H in the Lee County Justice Center. The questioning cannot be heard from the courtroom.

When presiding judge Thomas Reese asked if any of the jurors had heard about the case, a majority raised their hands to indicate they had.

"Knowledge of the case is OK," Reese told potential jurors. "I'm concerned about if you've formed an opinion. Can you be objective, fair and impartial, and reach a conclusion."

Reese told potential jurors that the allegations against Washington are not proof of guilt, and that the presumption of innocence stays with him until proven guilty by evidence.

Several of the jurors have left the courtroom after questioning, while others have taken a seat in the gallery.

Jury selection is expected to take through today. Reese estimated the trial will run through the week.

2 accused of home invasion robbery; Cape victims: Men armed with guns, one with sword

Two men allegedly robbed a couple at gunpoint - and swordpoint - Saturday morning in the couple's Cape Coral home.

Derrek Marttila, 20, and Christopher Adams, 21, are also accused of assaulting the couple with pepper spray and striking one of the residents in the head with a gun.

They were each charged by police with armed home invasion robbery and two counts of battery.

The couple told police that Marttila and Adams were armed with guns when they broke into the home on Southwest 44th Terrace at approximately 7:04 a.m. One also was armed with a "silver-plated sword."

Both men covered their faces with what may have been cloth or stockings, the victim reportedly said.

One victim was sleeping on a couch in the living room when the two men broke into the home and sprayed the victim face with pepper spray, reports state. The men forced the victims to lie on the ground at gunpoint while they stole jewelry and nearly $1,000 in cash.

Marttila and Adams reportedly told the victims, "where's the money, give me the money," then fled the scene. Before leaving, the men reportedly removed their masks and were recognized by one victim.

The victims were checked and released by EMS.

Police caught up with the men at Adams' house in North Fort Myers and placed them under arrest.

Marttila later confessed to his involvement in the incident to detectives, reports state.

Monday, May 4, 2009

Cape Coral celebrates Cinco de Mayo

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 5/4/09

Mexican General Ignacio Zaragoza Seguin led his 4,500-man militia against a larger 6,500-man French army at the Mexican forts of Loreto and Guadalupe. He successfully stopped the attempted invasion of his country in the Battle of Puebla in 1862, according to MEXonline.com.

The French later overthrew the Mexican army and invaded Mexico City, but Zaragoza's earlier victory led to the country's regionalized celebration many around the globe still partake in today, Cinco de Mayo, the Web site states.

Cape Coral is, of course, no exception.

Although, notably, the Cape celebrated a few days early Saturday night--segundo de Mayo--an expected 8,000 to 10,000 people came out to have fun in the spirit of the Mexican culture for the 2009 Cinco de Mayo Festival.

The City of Cape Coral and the Southwest Florida Hispanic Chamber of Commerce teamed up to make the event a memorable one, by serving up traditional Mexican dishes and filling the air with latin tunes from recording artist Valerie Morales.

Local restaurants also partook in a chips and salsa contest, judged by event-goers who had a chance to taste the special recipes.

Chile Ranchero of Fort Myers was announced as the winner of the contest shortly after 7:30 p.m.

The restaurant, which has been in business for about 6 years, served their mild, hot and fire sauces to tingle the Cape's taste buds.

"Everything is homemade," said Maria Mereno, who works at the restaurant. "This is the first event that we've attended and we are really happy. We want to say we're appreciative of everyone who voted for us."

Mereno said it might've been their home style authentic taste that won over the tongues of Cape Coral. But aside from chips and salsa, Chile Ranchero is also known for having the best guacamole in town, as well as tasty fajitas and Camaron Costena, she said.

Others who participated in the contest include El Azteca Taqueria and Taco Pancho of Cape Coral; Lozano's Mexican Restaurant of Lehigh Acres; Mister Chile Restaurant of Bonita Springs; and Bajio Mexican Grill, Cantina Laredo and Salsa Restaurant & Lounge of Fort Myers.

The festivities ran from about 5 p.m. to 10 p.m. on Southeast 47th Terrace, with many sponsors including Embarq, SunTrust, Jetblue Airways, BJ's Wholesale Club, Univision, Telemundo and FOX4.

Hundreds pitch in to help the hungry at Cape church

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 5/4/09

Brandt Williamson, 12, showed up at Christ Lutheran Church Saturday morning with his 10-year-old brother and twin 5-year-old sisters, his aunt Melody and her son and daughter, 9 and 6 respectively.

Williamson and his kin were ready to face 44,000 pounds of South Carolina sweet potatoes--to bag them, load them into trucks and send them off to feed the hungry of Lee, Collier and Charlotte counties for the church's 3rd Annual Potato Drop.

But Williamson and about 300 others, from between 30 to 40 churches and organizations, quickly learned there were no potatoes to bag or load. There were, however, about 25,000 pounds of oranges and squash. Williamson's giving heart did not waiver at the surprising switch in produce, which was "dumped" in the church parking lot by the St. Andrew Gleaning Network.

"It gives you a good feeling inside to help people who are less fortunate," Williamson said. "They had tons of boxes of squash and we bagged them, and then we had them in rows, and then we put them in trucks to go to food banks and less fortunate churches. It's hard work but it pays off."

The oranges and squash will go to 50 different agencies such as the Harry Chapin Food Bank, the Lee County Bookmobile and the Nations Association.

Additionally, 15 trucks would carry the food to Mt. Hermon Church in Fort Myers, where it will be given to members of the community in need.

A member of Cape Coral First United Methodist Church, Williamson's spiritual beliefs are part of what compelled him to help out Saturday.

"The bible always says to help people who need it, and that's Jesus' message to us," he said.

Williamson wants to study to become an eye doctor, like his father, to "help people with medical reasons, make sure they're happy and feeling good," he said.

The Williamson clan were a few of many, such as Cape Coral man Jim Thompson, who came out to help.

Thompson suffered a work-related injury to his arm, but suffered no injury to his philanthropic nature if Saturday was any example of his eagerness to aid those in need.

"I just saw it in the paper. I'm not a member of the church or anything, and I just said, hey, that sounds like a good idea," Thompson said. "I got one hand. I can lug bags. I just felt that it was something I should do."

Thrivent Financial for Lutherans provided lunch at the end of the event, which started at 8 a.m.

Event spokesperson Tracy Moffatt was pleased with the outcome of the charitable get-together.

"It's an absolute blast because it brings together people of all ages," Moffatt said. "Our senior ladies come and sit inside and tie bags and the kids have a blast. Everybody just seems to pitch in and it gets done and it's a really cool thing. We feed a lot of people with it."

Pastor Gary LaCroix was also pleased.

"It's a great opportunity to extend outreach into the community on both sides of the river, which is key," he said. "It's not something that somebody thinks about on Sunday to go to worship. The whole idea of coming to worship is to get your cup filled and go out into the world and serve, and this is a great way to do it."

Boy scouts from Lehigh Acres and several local youth groups were among the participants.

Justice Center expands

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 5/2/09



Members of the Lee County Sheriff’s Office Color Guard present colors at the Lee County Justice Center Expansion Project ribbon cutting ceremony Friday.

*photo copyright to the Cape Coral Daily Breeze

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Lee County officials, judges and various others partook in a ribbon cutting ceremony for the Lee County Justice Center Expansion Project in downtown Fort Myers Friday.

The $100 million project includes a new 10-story tower with 17 new courtrooms and new judges' chambers and a nearby parking garage. Additionally, the current Justice Center and the SunTrust building, where the State Attorney's Office is currently housed, are being remodeled.

The SunTrust building is now referred to as the Justice Center Annex.

"The county courthouse is the hallmark of Americanism, which is local self-government," said G. Keith Cary, chief judge for the 20th Judicial Circuit, during the ceremony Friday. "When you think about it, the courthouse is the linchpin of the local community. People get married here, divorced here, adopt children in this building, some unfortunately lose their children in this building, criminals are prosecuted here, people are sent to prison, some people are sent for release from jail and sent home from here. Civil disputes are settled or tried in these halls."

Cary credited the success of the expansion project to the efforts of county officials and others involved in the planning and execution of the project.

"A building such as this could not be completed without the work of many people with great foresight and planning," he said. "Speaking on behalf of all the judges who work here in Lee County I would like to give a very special thank you to the Lee County Board of County Commissioners for having the commitment to the citizens of Lee County to provide this space for the functioning of our court system."

"Having started as a prosecutor here in 1976, it's been interesting to watch the evolution," said State Attorney Steve Russell. "Several of my former offices are now parking lots. I think we all know the time and dedication and work that's been put into this project."

"I'm very pleased on behalf of the Public Defender's Office and my staff to be here for the opening and the commemoration of this tower," said Public Defender Kathy Smith. "A lot has changed in 20 years that I have been here, but one thing that hasn't changed is the integrity and professionalism that exists in this legal community. As your Public Defender I look forward to many years of seeking liberty and justice for all in these courtrooms."

The ceremony took place on Law Day, a national day to celebrate the rule of law in America, and also on the 200th anniversary of the birth of American President Abraham Lincoln, according to County Commissioner Brian Bigelow, who was emcee for the event.

"I think it is much needed," said Fort Myers Mayor Pro-tem Johnny Streets Jr. of the expansion project. "But I think you all as visionaries will have the opportunity to limit the amount of people that come in here to get sentenced, so we need to do some things in our communities also. I think that you, the same visionaries, can make that happen."

The new and remodeled areas of the Lee County Justice Center reach a square footage of approximately 898,540 feet, and the building is designed with future growth in mind.

The Justice Center is located at 2000 Main Street.

The new tower is slated to open in June.

Friday, May 1, 2009

Man pleads guilty in ‘Cash Feenz’ double murder; Must testify against co-defendants

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and the Naples Daily News 4/31/09

Alexis Fernandez, 20, pleaded guilty Wednesday in the "Cash Feenz" torture and killings of Alexis and Jeffrey Sosa, one week before co-defendant Roderick Washington's trial is scheduled to begin.

Fernandez pleaded before Lee Circuit Judge Thomas Reese to two counts each of second-degree murder, aggravated battery and kidnapping.

He will be sentenced to 26 years in prison in exchange for his testimony as a state witness in his co-defendants' upcoming trials, said State Attorney's Office spokesperson Samantha Syoen.

Fernandez is one of 10 defendants charged in the 2006 double murder. Others who have accepted plea deals in exchange for their testimony include Melissa Rivera, Iriana Santos, Cody Roux and Michael Balint.

If Fernandez does not testify truthfully as a state's witness in his co-defendants' trials, he faces a life prison sentence without parole.

"We asked for sentencing to be deferred until the trials of the remaining co-defendants in this case have completed," Syoen said.

Fernandez drove the Sosas, who were bound in the trunk of his car, to an industrial park in north Cape Coral, where they were shot and killed, and their bodies burned, according to police and state documents.

Prior to being shot, the Sosas were tortured and beaten at defendant Kemar Johnston's Cape home during a party, documents state.

Johnston and two other defendants in the case, Kenneth Lopez and Paul Nunes, have impending trials and face the death penalty if convicted.

Co-defendant Ashley Toye was found guilty in a jury trial and sentenced to life in prison.

Washington's trial begins Tuesday, and he faces a life prison sentence if convicted.