Lobster

Key Largo Lobster Mobsters Sentenced to Jail Time

By DAVID GOODHUE
dgoodhue@keysreporter.com

Michael Cavagnaro, the former Key Largo elected official convicted of molesting lobster traps in June, was denied a new trial Friday and sentenced to nine months in county jail.

His son, 33-year-old Michael Cavagnaro Jr., was sentenced to four months in jail.

Monroe County Circuit Court Judge Luis Garcia also sentenced both men to four years probation and eight hours a month of community service, ordered their commercial fishing licenses revoked and banned them from the water on both the oceanside and bayside of Monroe County.

Bill Heffernan, the attorney who represented both men during their trial and only the younger Cavagnaro at Friday’s sentencing hearing, said he and Joel Hirschhorn, the elder Cavagnaro’s attorney, have filed an appeal with the state’s Third Court of Appeal.

“I truly believe they are innocent. This is a sad case,” Heffernan said in an interview.

Garcia set bail at $50,000 each. It was not clear at press time if the father and son posted bail and were released.

The Cavagnaros, both commercial lobster fishermen, were charged with tampering with another commercial angler’s trap on Aug. 25, 2009. At the time, Cavagnaro was an elected member of the Key Largo Fire and Emergency Medical Services District. Gov. Charlie Crist removed him from office following his arrest.

A jury convicted the men on June 23.

Heffernan argued during Friday’s hearing at the Plantation Key Courthouse that “the weight of the evidence is insufficient to support the verdict in this case.” He also said several of the tactics used by the prosecution unfairly prejudiced the jury.

First, Heffernan argued that prosecutors violated Garcia’s instructions not to mention anything that happened 14 days beyond Aug. 25, 2009.

During the trial, prosecutor Colleen Dunne questioned Florida Fish and Wildlife Conservation Commission officers and several fishermen. They testified that no traps belonging to the Cavagnaros were found in the area where witnesses said the Cavagnaros had pulled another fisherman’s trap.

The FWC officers checked the area more than 14 days after the Cavagnaros were arrested. Heffernan argued that mentioning that in the trial violated Garcia’s instructions. Dunne countered that since the elder Cavagnaro claimed he and his son were in the area checking on their traps that day, it was the FWC’s responsibility to verify if any were there. None were ever found, she said.

Heffernan also argued for a new trial based on a witness he said Dunne called to the stand specifically to humiliate. Dunne said she called the witness, Michael Cavagnaro’s girlfriend, because the defense had said she would testify but then removed her name. Her testimony did not match earlier statements she made, which Dunne pointed out while she was on the stand.

The Cavagnaros hadn’t planned to testify during the four-day trial, Heffernan said, but were forced to after Cavagnaro’s girlfriend’s testimony differed from her deposition on key areas of the case.

Hirschhorn also tried to get results of a polygraph test he arranged for the Cavagnaros submitted as evidence for a new trial. Both men scored high on the questions they were asked, Hirschhorn said. “They were two of the highest scores I have ever seen,” he said.

Garcia denied the request, saying polygraph results are not reliable, and these results were particularly questionable because the defense hired the technician and no one from law enforcement was present. “The stress levels are a lot different when the results do not have to be considered,” Garcia said.

Heffernan and Hirschhorn offered several other arguments in their motion for a new trial, all of which Garcia denied.

Trap molesting is a third-degree felony, and third-degree felonies can in some cases be punishable by up to five years in prison. But a law passed by the state Legislature went into effect last summer that makes it almost impossible for a judge to sentence prison time for a non-violent third-degree felony. Prosecutors must prove the person would be a threat to society if he or she were not incarcerated, Garcia said.

Nevertheless, Dunne wanted the Cavagnaros sentenced to two years in prison, arguing to Garcia that they were a threat to the Keys’ commercial fishing industry.

“[The law] doesn’t mean they have to be a violent threat… . “They molested traps from brother fishermen who were already suffering from the down economy,” Dunne said

Garcia disagreed, taking into account the scores of letters from neighbors, former colleagues and family members praising the men’s characters and past good deeds, as well as the elder Cavagnaro’s service as a member of the Palm Beach County Fire Rescue Department. He worked for Palm Beach County from the 1980s to 2001, when he left on disability because of work-related injuries.

Garcia said he also took into account the elder Cavagnaro’s time volunteering at Ground Zero in Manhattan days after the 9/11 terrorist attacks.

One elderly man told Garcia that the Cavagnaros went out of their way to help their neighbors on several occasions.

“”My wife has taken ill several times recently, and Mike was at the door every single time,” neighbor Donald Balletti said. “It’s totally inconceivable that he would be involved in something like this.”

Lobster Mobsters Get Early Start on Mini Season

By KEVIN WADLOW
kwadlow@keynoter.com

A Tampa man was charged Sunday with trying to get a three-day head start on lobster season in the Lower Keys. Leon A. Shabott, 46, faces misdemeanor conservation counts for taking 39 out-of-season lobster after Florida Fish and Wildlife Conservation Commission officers found him scuba diving in the Gulf of Mexico, north of Cudjoe Key.

According to the FWC, Shabott was diving off a private boat between the Content Keys and Sawyer Keys around 2:30 p.m. As a patrol boat approached, the operator of the private boat reportedly gunned the engines — which FWC operators interpreted as a warning to the diver.

Officer Jimmy Johnson reported that the diver tried to swim away from the area underwater but was easily tracked by his bubbles. Shabott surfaced and was taken into custody. FWC Officer Seth Wingard donned snorkel gear to search the area, and recovered a bag containing 39 wrong lobster tails. Three of the tails were undersized.

Shabott was booked on singular counts of taking 39 out-of-season lobster, possession of wrung tails on the water, possession of three undersized lobster, and exceeding the recreational bag limit.

FWC spokesman Bobby Dube said divers at Indian Key Fill in Islamorada were charged with taking lobster out of season last weekend, after being observed by an officer in plain clothes. The suspects, from the Miami area, had only a few lobster and were cooperative, Dube said.

Key West Lobster Fest 2010

KEY WEST, Florida Keys — Melted butter is optional, but a taste for crustaceans is essential at the 14th annual Key West Lobsterfest scheduled Friday through Sunday, Aug. 6-8. The festival commemorates the start of the Florida Keys lobster season with events that include an open-air lobster feast on Key West’s famed Duval Street.

Florida lobsters, sometimes called spiny lobsters, are known for their sweet, tender meat. Unlike their northern cousins, the spiny specimens have no claws.
Purists savor them steamed, with each bite dipped in melted butter. They also can be baked and stuffed, served cold in salads or incorporated into dishes ranging from bisques to fritters to omelets.

The festival’s enticing “entrée” is the Key West Lobsterfest Street Fair, set for noon through 11 p.m. Saturday, Aug. 7, in the 100 through 500 blocks of Duval.
Lobster lovers can sample dishes ranging from tempting appetizers to traditional lobster dinners with all the trimmings. Chefs from as many as 20 local restaurants are to prepare specialties featuring fresh crustaceans caught by Florida Keys lobster fishermen.

Attendees also can browse and buy art, crafts and merchandise from on-site vendors.

A free outdoor concert is slated to begin at 1 p.m. and continue through 10:30 p.m. from a stage at the intersection of Duval and Greene streets. The talent lineup includes top local and regional acts Alphonse, Bubba System, Cool Breeze and Techno Dread.

Other Lobsterfest events include a kick-off party Friday, Aug. 6, at Rick’s/Durty Harry’s Entertainment Complex, 202 Duval St., a Friday night Duval Crawl and a mouthwatering lobster brunch Sunday, Aug. 8.

The crustacean celebration benefits a scholarship fund for Key West High School students.

For more information, visit www.keywestlobsterfest.com or e-mail info@ricksanddurtyharrys.com. For accommodations information in Key West, call the Key West Chamber of Commerce at 1-800-LAST-KEY (800-527-8539) or visit the Keys website at www.fla-keys.com.

More Lobster Mobsters Arrested

CITIZEN STAFF

http://keysnews.com/

Wildlife officers chased two suspected lobster poachers Saturday as they reportedly attempted to out-swim a state boat near Ohio Key, just east of Bahia Honda State Park.

One of the men swam to Sunshine Key Camping Resort in the hope of outrunning Florida Fish and Wildlife Conservation Commission officers, but was captured after a foot chase through the campground, agency spokesman Bobby Dube said.

Ivan Rodriguez, 46, and Nelson Amaro-Montesino, 27, both of Miami, were charged with taking lobster out of season, snorkeling with no dive flag, interfering with an officer and resisting arrest — all misdemeanors.

Officers found 31 lobsters in a dive bag and spearfishing equipment in the water after their arrest, Dube said. Of the 31 lobster, about a third were undersized and had been speared, he said.

The agency received a call around 7 p.m., reporting that two men were in the water just outside the Ohio Key Channel without a dive flag, Dube said. He did not know whether the call came from a boater or someone driving over the bridge. Two officers responded and watched the men from a distance before stopping them, Dube said.

“They tried to swim to shore and wouldn’t get in our boat,” Dube said.

As officers followed the men, Amaro-Montesino tired and eventually boarded the agency’s vessel, Dube said. Rodriguez made it to shore before officers corralled him in the campground, Dube said.

The Monroe County State Attorney’s Office is reviewing the case, and more charges could be pending, Dube said.

Back in the channel, officers found a milk jug with a spear gun tied to it and a bag containing lobster.

Both men were taken to jail in Marathon and county Judge Tegan Slaton set their bond at $74,000.

The lobster “mini season” runs July 28 and 29. Regular season begins on Aug. 6 and runs through March 31. It is illegal to spearfish for lobster any time, anywhere in Florida.

Key Largo Lobster Mobsters Convicted

By GARY PHILLIPS
KeysNews.com
Saturday, June 12, 201

Nearly nine months to the day after being accused of molesting a commercial lobster trap, two Key Largo men were convicted on third-degree felony charges.

Ruben Barbuscio, 62, and Daniel Peralta, 53, were led in handcuffs from a Plantation Key courtroom after Monroe County Circuit Court Judge Luis Garcia found them guilty on Thursday. The pair waived their right to a jury trial and opted to have their case heard by Garcia.

Their crime occurred on Sept. 11, when commercial fisherman Abilio Gil and his stepson, Yardiel Penton, videotaped Barbuscio and Peralta pulling a lobster trap belonging to commercial fisherman Dana Pettit onto Barbuscio’s boat between Rodriguez Key and Tavernier Creek.

In announcing his ruling, Garcia said the poor-quality video was of little value as evidence, but it did contain Gil’s spoken description of the defendants’ action. Gil was watching through binoculars while Penton operated the camcorder. Garcia said the eyewitness account was credible and weighed heavily in his decision.

Assistant State Attorney Colleen Dunne also provided photos of the trap, buoy and rope, and had the trap brought into the courtroom. She said the photos taken the day of the incident clearly show the rope and trap had been recently handled, as silt and marine growth on the items had been disturbed.

A sentencing hearing is set for June 29.

Lobster Poaching Convictions of Father & Son Cavagnaros Tossed on a Technicality

A former Upper Keys elected official and his son, both commercial fishermen convicted of lobster trap molestation, should get a new trial, an appellate court has ruled.

Michael Cavagnaro Sr. and his namesake son had their convictions overturned by the 3rd District Court of Appeal, according to a six-page opinion the court released Wednesday.

The court found that Monroe County circuit Judge Luis Garcia failed to explain “reasonable doubt” to jurors before their deliberations in the June 2010 trial. The jurors should have been given the Florida Standard Jury Instruction (Criminal) 3.7, wrote an appellate judge. The instructions explain reasonable doubt, burden of proof and other legal definitions.

“This is not a case in which a trial judge inadvertently skips an instruction while reading the assembled instructions,” the ruling states. “Trial counsel for the state and the defendants simply did not include such an instruction in the compilation for the jury charge.”

Prosecutors must prove a person’s guilt to jurors beyond a reasonable doubt in order to convict someone in a criminal case.

The 3rd DCA found that the error “reaches down into the validity of the trial itself,” and that it was a “fundamental error requiring reversal.”

Lawyers with the Attorney General’s Office can ask the 3rd DCA for a rehearing within 10 days and before that hearing the 3rd DCA opinion published Wednesday is not considered final.

That office handles criminal appeals that arise from the Monroe County State Attorney’s Office.

The error is major because the evidence presented in trial was circumstantial and the limited eyewitness testimony was not conclusive, according to the ruling.

“One of those witnesses admitted that he had a pre-existing dislike for one of the defendants and a pre-existing friendship with the state wildlife official to whom he reported the alleged crimes,” wrote 3rd DCA Judge Vance E. Salter. “The global positioning system (GPS) tracking evidence pertaining to the defendants’ boat demonstrated, according to the defendants’ expert, only that the boat’s track came no closer than 196 feet from the lobster traps at issue in the case. The state’s GPS witness did not rebut that analysis. Under the ‘totality of the record,’ we conclude that a fundamental error in the jury instructions has been shown.”

Assistant State Attorney Colleen Dunne prosecuted the Cavagnaros and will prosecute them again should the appellate ruling stand, she said. Dunne has taken a lead role in Monroe County prosecution of fishery violations and has spent much of the last two months lobbying Florida lawmakers in Tallahassee for tougher penalties against convicted poachers.

“This is unfortunate, but the facts remain the same,” Dunne said. “I’m ready, willing and able to retry this case.”

Marathon-based attorney Bill Heffernan represented both men at trial, but their appeal was handled by longtime appellate attorney Joel Hirschhorn of Miami.

“They [3rd DCA] got it right, 100 percent,” Hirschhorn said. “The first time I read the jury instructions, I thought the court reporter dropped something or that we were missing a page. I couldn’t believe that the standard jury instruction was not given. This is the first case I’ve seen in 44 years that the standard instruction was not given.”

In August 2010, Garcia sentenced Cavagnaro Sr. and his son to nine months and six months, respectively, in county jail. He also ordered each Cavagnaro to pay $5,000 to the Florida Fish and Wildlife Conservation Commission for its investigative costs and $8,392 to the State Attorney’s Office for its prosecution costs. Father and son were also ordered to pay $5,000 and $2,500 fines, respectively, to the Marine Resource Trust Fund.

Garcia allowed both to stay out of jail under the surveillance of the Department of Corrections pending their appeal, Heffernan said. He also delayed, or stayed in legal parlance, their fines, also pending their appeal.

Both men, however, lost their commercial fishing licenses. The appeal means they may be able to reapply for those licenses, pending the outcome of future court proceedings, Heffernan said.

Should there be a second trial, they will be represented by Hirschhorn. The attorney said both men passed polygraph tests, which were not presented at trial.

“I’m defending them now and it’s going to be a different ball game,” Hirschhorn said.

The Cavagnaro case became a bellwether for commercial fishermen and environmentalists in the Florida Keys as an example of the changing attitude toward busting and prosecuting lobster poachers.

“It’s certainly unfortunate that this case was overturned on a technicality,” said Bill Kelly, executive director of the Florida Keys Commercial Fishermen’s Association. “We’re confident that the State Attorney’s Office will prevail in a retrial of this case. Colleen Dunne has become a strong ally within our industry in bringing trap robbing under control.”

The case began on Aug. 25, 2009, when commercial fishermen reported the Cavagnaros to state marine officers, saying a boat they were on was at the site of another commercial fisherman’s trap. They were arrested and charged with one count of trap molesting and one count of theft of a trap and/or its contents. Both are third-degree felonies.

Commercial fishermen in two boats reportedly watched the Cavagnaros pulling traps that allegedly didn’t belong to them near Molasses Reef, said Florida Fish and Wildlife Conservation Commission spokesman Bobby Dube.

While one boat chased the Cavagnaros, the other stayed behind, picked up a trap they had left, and called state wildlife officers.

Cavagnaro Sr. was born and raised in Brooklyn, N.Y., and in the 1970s moved to Florida and worked as a firefighter. He had been a Key Largo Fire-EMS District board member since 2005, until Gov. Charlie Crist suspended him on Nov. 9, 2009, after his arrest. He did not file for re-election to the board in 2010 after his conviction. The district’s website said he owned a commercial fishing business.

alinhardt@keysnews.com

Lobster Mobster Harry Bethel Jr Found Guilty

BY ADAM LINHARDT Citizen Staff
alinhardt@keysnews.com

It took a jury four hours Friday to find Harry Bethel Jr. and his two mates guilty of pulling another fisherman’s lobster traps three years ago.

Bethel Jr., 48, and co-defendants Shamus Davis, 32, and Lawrence Pinder, 54, were found guilty of one count of trap molestation, a third-degree felony with a maximum punishment of five years in prison. Each is scheduled to be sentenced before circuit Judge David Audlin on June 28.

Audlin granted Assistant State Attorney Val Winter’s request that fishing licenses for each man be revoked pending sentencing. Each could have their licenses permanently revoked at that time, Winter said. None of the defendants was taken into custody, as Audlin did not find them to be a threat to the community, Winter said. Each initially was charged with two counts of trap molestation. Jurors found them guilty of pulling only one of the two traps the state argued they molested while fishing aboard Bethel Jr.’s crawfish vessel, the Kayla Renee II, near Sugarloaf Key in 2007.

“They found them guilty on the trap that [a Florida Fish and Wildlife Conservation Commission (FWC)] pilot had under constant surveillance,” Winter said. Two FWC officers responded to the Kayla Renee II under the direction of FWC pilot Lt. John Murphy, according to court testimony. Much of the state’s case centered on Murphy’s testimony of what he saw while on patrol about 2,000 to 3,000 feet in the air.

Defense attorney Manny Garcia, who is representing Bethel, and Assistant Public Defender Christopher Bridger, assigned to the other two defendants, hammered away in their closing arguments Friday at what Murphy was able to see from that height. It was the second trial in the case, as prosecutors failed to convince a jury in January that the fishermen had molested any traps. Audlin declared a mistrial after jurors failed to reach a verdict in the first trial.

In an unrelated arson case, Bethel Jr. has not accepted a plea agreement offered by prosecutors. Winter declined to comment on the specifics of the offer until it has been legally accepted or rejected in court and made public. That charge carries a maximum of 35 years in prison and $5,000 in fines if Bethel is found guilty. Prosecutors allege he set fire to a thatched-roof tiki hut at the home of his cousin and business partner, with whom he was arguing, in September 2007.

Bethel is the son of former Key West City Commissioner Harry Bethel Sr. and current Key West Bight Board chairman.

Lobster Mobster Caught Off Grassy Key

By KEVIN WADLOW

http://www.keysnet.com

Wednesday, June 02, 2010

Fifteen lobster tails were seized as evidence Monday when state wildlife officers arrested a St. Augustine man spearfishing near Grassy Key. Florida Fish and Wildlife Conservation Commission officers charged Bruce L. Beall, 39, with 19 misdemeanor counts of conservation violations.

FWC officers checked Beall when they saw him spearfishing in Gulf of Mexico waters north of Grass Key, FWC spokesman Bobby Dube said. It’s illegal to spear lobster, and to separate tails from the lobster body on the water. All the tails were undersized and taken in a closed season, Dube said.

If the lobster had been egg-bearing, “he’d have had the whole set” of possible crawfish violations, Dube noted. The incident was the most serious conservation violation reported from the Memorial Day weekend in the Keys, the officer said.

Lobster season is closed from April 1 to the sport-diving days the last Wednesday and Thursday in July.

More Lobster Mobsters Sentenced to Prison

By ADAM LINHARDT Citizen Staff

Two Bay Point men were sentenced to a year in prison on charges that they conspired to poach lobster, a judge ruled Monday, closing the last chapter on two illegal lobster harvesting cases that snared eight people.

John Buckheim, 23, and Nick Demauro, 24, both apologized to federal Judge James Lawrence King, their friends, family and wildlife officers.

“I acknowledge and take full responsibility for what I did,” Buckheim said. “I was young and stupid and I’m not implying that I’m old or wise now, only that I’m heading in the right direction. … I’m sorry for this major mistake and you won’t find me in this position again.”

Demauro told the judge he had “taken everything for granted.”

Both men pleaded guilty in October to harvesting lobsters by diving on illegal artificial habitats, called casitas, primarily in the Content Keys area north of Big Pine Key, from July 2008 through October 2008, according to court documents.

The judge granted U.S. Attorney Thomas Watts-Fitzgerald’s request to delay their prison sentence 100 days so both men can continue their work removing as many as 600 casitas from Florida Keys waters. The judge ordered both to surrender to corrections officials on May 12.

The judge also allowed both men to resume legal commercial fishing immediately upon their release from prison, despite the prosecutor’s recommendation that both be prohibited during the two years of supervision that is to follow their release.

Miami defense attorneys Bruce Alter and Steven Potolsky urged the judge to consider the defendants’ ages, their clean criminal histories and their desire to make amends as mitigating factors at sentencing, but the prosecutor was unmoved, painting the men as astute fishermen who knew the risks involved.

“These were not youths who stumbled into this,” the prosecutor told the judge, describing taped conversations between the two men, and the hundreds of casitas they fished.

Buckheim and Demauro worked for David and Denise Dreifort of Cudjoe Key at one time. The latter were sentenced in July for spearheading a large lobster poaching ring that involved four other people, in a separate but related case. David Dreifort was sentenced to 2¬½ years in prison in July. His wife was sentenced to seven months in prison. Prosecutors found thousands of lobsters at one of their homes on Lookdown Lane last year.

Buckheim and Demauro began their own illegal operation after their stint with the Dreiforts, and they sold lobster to a Stock Island seafood company in 32 separate incidents for a total of $45,974, records say. The company has not been charged in the case, the prosecutor said.

Both men were warned by David Dreifort to cease their operation after he was indicted, but they continued, the prosecutor said. Federal agents began visual and electronic surveillance of Buckheim and Demauro during the larger investigation that involved the Dreiforts, reports say.

Both pleaded guilty as part of a plea agreement in which prosecutors dropped two charges that could have added at least 10 years to their sentences.

alinhardt@keysnews.com

Another Lobster Mobster Trial Begins

Jury selection began Monday and open arguments are expected today in the lobster trap molesting trial of three Key West residents. Harry Bethel Jr. faces two felony counts of lobster trap molesting for allegedly pulling fishermens traps near Mayland Shoal in the Atlantic Ocean off Sugarloaf Key in January 2008. Bethel, Lawrence Pinder, 59, and M. Shamus Davis, 30, rejected a plea agreement that called for a year in prison.Bethel is the namesake of a former Key West city commissioner and current Key West Bight Board chairman.

via Mile Markers | KeysNews.com.