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.”

Related posts

• 3 Lower Florida Keys Lobster Mobsters Arrested (0)
• Lobster Mobsters Get Early Start on Mini Season (0)
• More Lobster Mobsters Arrested (0)
• Key Largo Lobster Mobsters Convicted (0)
• Lobster Mobster Harry Bethel Jr Found Guilty (0)
• Lobster Mobster Caught Off Grassy Key (0)

According to a Coast Guard report, identifying the owner involved extensive international collaboration. A Key Largo boater initially notified watchstanders at Coast Guard Sector Key West, Fla., that the kayak was found drifting six miles east of Key Largo. Coast Guard responders searched the local area to find the owner and confirm no one was in distress. Once local search efforts were completed, the Coast Guard expanded its search and contacted a Fenn kayak distributor in Costa Mesa, Calif.

Notably, Fenn kayaks are manufactured in South Africa and sold by only two kayak distributors in the U.S. One of the distributors posted an online notice, which was spotted by the owner’s friend in Mauritius, an African country off the east coast of Madagascar, who contacted the owner in the Cayman Islands. The owner is now making plans to retrieve the lost kayak.

“This case was a good exercise for our search and rescue planners,” said Capt. Pat DeQuattro, commander of Coast Guard Sector Key West. “I’m very pleased with their determination and initiative to track down the owner of this unique kayak.”

Related posts

• No related posts.

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.

Related posts

• 3 Lower Florida Keys Lobster Mobsters Arrested (0)
• Key Largo Lobster Mobsters Sentenced to Jail Time (0)
• Lobster Mobsters Get Early Start on Mini Season (0)
• Key West Lobster Fest 2010 (0)
• More Lobster Mobsters Arrested (0)
• Lobster Mobster Harry Bethel Jr Found Guilty (0)
• Lobster Mobster Caught Off Grassy Key (0)
• More Lobster Mobsters Sentenced to Prison (0)
• Another Lobster Mobster Trial Begins (0)
• Adios Lobster Casitas & Lobster Mobsters (0)
• More Lower Keys Lobster Mobsters Arrested (0)
• Lobster-poaching ring leader gets 2.5 years in federal pen (0)
• Gary Graves — Crab King of Keys Fisheries (0)
• Commercial Lobster/Crawfish Management Open Forum (0)

Alecia Adamson and Lad Akins capture a small lionfish from inside a protected swim area at Harry Harris Park on Thursday. Sightings of the nonnative lionfish are becoming more common in Keys waters.

A lionfish capture Thursday took only minutes, but it ranks as one of the most worrisome lionfish incidents yet in Florida Keys waters. The juvenile lionfish, measuring just under two inches long, was captured in the shallow water of an enclosed swim area at Harry Harris County Park in Tavernier.

“We don’t want people to panic, but this is a little disturbing,” said Lad Akins of the Reef Environmental Education Foundation, looking at the park’s beach, crowded even on a weekday afternoon. Akins, one of the best-known experts in lionfish eradication in Florida and Caribbean waters, and REEF associate Alecia Adamson netted and bagged the lionfish near a culvert on the west side of the Harry Harris swim basin.

The swim area is completely surrounded by a stony seawall, but three large culverts allow water exchange. Grates in the culverts screen large animals out but even an adult lionfish could pass in the grate openings. “We’ve had some lionfish sightings near shore before, but nothing like this,” Akins said. “It shows the value of early detection and rapid response.”

In the 14 months since January 2009, when the first lionfish was spotted in Keys waters, there have been 119 sightings in Monroe County waters, with 71 lionfish captured. Most have been juveniles, but fish up to 9 inches have been taken locally. Lionfish are an invasive species, a Pacific Ocean fish notable for its array of feathery plumed spines. All of the spines pack a strong venom jolt for swimmers or divers who are stuck. Lionfish stings are extremely painful and can cause respiratory problems but are not usually fatal.

Lionfish are not aggressive toward swimmers or divers, but they often do not shy away from humans. It is possible to hit one by accident. “Some of the big ones are curious. They’ll come up to see what a diver is doing,” Akins said.

The species may have gained a foothold along the U.S. coast and the Caribbean when hurricanes flooded South Florida, or when private owners released them when they outgrew home tanks. Biologists worry the fast-breeding and ravenous lionfish have no natural enemies in Atlantic waters and could become a threat to native fish populations. In areas like the Bahamas, lionfish have overwhelmed reefs.

Since March 31, six lionfish sightings have been reported locally to staff with the Mote Marine Laboratory and the Florida Keys National Marine Sanctuary. “We expected this, since it’s getting warmer and more people get back into the water,” sanctuary spokeswoman Karrie Carnes said.

A tropical-fish collector spotted one this week at a piling near the Niles Channel Bridge in the Lower Keys. Other recent sightings have come from the Bibb shipwreck in about 130 feet of water off Key Largo, and the Aquarius underwater marine laboratory site at Conch Reef off Islamorada. Staff with the state Fish and Wildlife Research Institute found a lionfish inside an experimental lobster trap in the Gulf of Mexico north of the Seven Mile Bridge.

An Ocala couple, Darby and Tammy Dugan, recognized the lionfish at Harry Harris Park on Wednesday while taking pictures of sea life. “They told the staff at Ocean Divers about it, and Ocean Divers knew to call it in,” Akins said. “The fish was exactly where the Dugans said they saw it.” The Keys sanctuary held a September training session on lionfish capture, and issued 100 permits to dive-operation staff to use nets or slurp guns to take lionfish they see inside Sanctuary Preservation Areas, where all harvest of fish usually is banned.

“Our goal is to control lionfish, especially in areas like the SPAs,” Carnes said. “It’s not really feasible to say we can eradicate them, given the ocean currents and increasing numbers of lionfish.” Another training session for lionfish removal is being planned for later this year.

Meanwhile, staff at the REEF headquarters in Key Largo is working with federal marine biologists to prepare a lionfish cookbook, in hopes of raising awareness of the lionfish as a food fish. Divers and snorkelers who sight a lionfish should call local reporting hotlines: (305) 852-0030 or (305) 395-8730.

Related posts

• 9 Inch Lionfish Captured on Key Largo Elbow Reef (0)

ISLAMORADA — In the late 1970s, Sam Wampler was tasked with finding a home base for a new Boy Scouts of America program that provided adventures on the high seas for scouts from around the country.

Wampler, at the time the camping director for the Boy Scouts’ Miami region, found the spot he was looking for in 1980 on the site of a rundown hotel at the southwest tip of Lower Matecumbe.

Two-hundred-and-fifty-thousand scouts later, Florida Sea Base has become a staple of the Boy Scouts of America and a key player in the economic life of Lower Matecumbe Key and surrounding islands.

“We are literally influencing families across this nation,” said Keith Douglass, the Sea Base facilities director.

Florida Sea Base won’t officially turn 30 until this summer. But on Monday the Lower Matecumbe institution was scheduled to hold its birthday party early to coincide with the 100th anniversary of the Boy Scouts of America.

Wampler passed away seven years ago, but wife Sharon remembers that first year, when she guesses 1,000 to 2,000 scouts visited the base.

According to local lore, during the summer of 1980 Sea Base staff had to fend off patrons of the old Toll Gate Inn, who were unaware that the former brothel and seedy watering hole had been converted into a place that could safely be called, well, more wholesome.

Over time those Tollgate customers disappeared entirely and Sea Base flourished. New dormitories were built, as well as an administrative building and conference center. In 1982 the scouts acquired the 105-acre Munson Island off Big Pine Key. Then in 2001 the scouts opened the Brinton Environmental Center on Summerland Key.

All are used in the various Sea Base adventures programs, which include multi-day sails, dive training, fishing excursions and primitive camping on Munson.

According to Sea Base officials, today more than 10,000 scouts a year descend upon the Lower Matecumbe locale, which is one of only three High Adventure bases run by the Boy Scouts of America.

Douglass says all those people mean big dollars to the local community. The scouts often visit local attractions like Theater of the Sea and the Florida Keys History of Diving Museum. If their families come for a visit they stay at local lodges. And Sea Base does a lot of its buying locally.

“We spent over $30,000 in bait alone just last year and that’s all local,” Douglass said.

Meanwhile, Sharon Wampler says she can’t believe how big the Sea Base program has grown over the past 30 years.

“Sam is up there just laughing at the whole thing, happy about it,” she said.

rsilk@keysnews.com

Related posts

• Bud n’ Mary’s Marina in Islamorada – Video (0)
• Why Unincorporate the Village of Islands – Islamorada (0)

Park gates will reopen after hours at 7 p.m. and remain open as long as there are seats in the auditorium, which is wheelchair accessible. Seating is limited, so be on time; bring a seat cushion for added comfort. The program is sponsored by Dagny Johnson Key Largo Hammock Botanical State Park. For more information, call Elena Muratori at 305-451-1202.

Related posts

• No related posts.

KEY LARGO — A resurgent Florida Keys Wild Bird Center has hired a hospital coordinator to care for injured and sick birds and found a new location for its medical facility.

“It’s clear sailing from here,” said Bob Gintel, the new chairman of the center’s board of directors.

The turnaround comes just two months after the near closure of the facility due to funding shortfalls. But local media publicity, an infusion of donations and a reorganization of the board has kept the center afloat.

“People on the board stepped up to the plate and we are using the money we collected,” Gintel said. “There was an outpouring of money and we were able to pay off all of the vendors.”

The Ocean Reef Foundation and two other Ocean Reef Club members donated $22,000, an anonymous Islamorada resident donated $25,000 and Gintel himself ponied up $10,000 to get the non-profit rescue center back on an even keel.

In response to licensing and federal flood-plain concerns, the center has signed a one-year lease to use a vacant veterinary clinic at mile marker 94 as the center’s hospital and office. The new facility opened Monday.

However, the gift shop, wild bird educational exhibit and the daily 3:30 p.m. feeding will remain at mile marker 93.6, bayside.

Virginia Bowen, formerly of the now-defunct Folke Peterson Wildlife Center in Broward County, has been hired as the wildlife care manager. Vered Nosrad, past director of that same Broward facility, is the new director of the hospital.

“They bring a licence with them and they are highly regarded by the regulators,” Gintel said. “We’re not going to have all the flaunting of the laws as they did in the past.” [Interesting]

Hospital assistant Staci Dillis will continue to help with surgeries and rehabilitation.

sgibbs@keysnews.com

Related posts

• No related posts.

Veterinarians at the Miami Seaquarium are rehabilitating a young manatee found emaciated near his dead mother in the mangroves near Tavernier Creek on Thursday.

The 5- to 6-month old calf, named Kahiki after the Kahiki Harbor subdivision on Plantation Key where it was brought to shore, weighed just 77 pounds — nearly half the weight of a healthy calf.

“That’s near a birth weight almost,” said Seaquarium veterinarian Maya Rodriguez. “It’s because he was not getting any nutrients from the mother.”

The mother appeared to have been struck by a boat propeller and suffered extensive internal damage, according to officials with the Florida Fish and Wildlife Conservation Commission.

Residents reportedly spotted the mother and calf more than a month ago in marinas and neighborhood canals near Tavernier Creek.

“At that time, it appeared the mother was moving and feeding OK,” FWC manatee biologist John Cassady said. “The decision was to let them go and let the calf get a little bigger so we wouldn’t put the stress of a capture on it.”

On Wednesday, Cassady responded to another sighting of the pair and said he knew the mother was near death. Cassady placed a radio transmitter on the mother’s tail to locate them on Thursday for a rescue.

Wildlife officials followed the signal to the mother’s body, which was rolled over on its back in mangrove roots with the calf still by her side.

“She had died just within a day. If we had not gotten that call [on Wednesday] and put the tag on her, we would’ve never found the calf,” Cassady said.

The calf is receiving daily antibiotic treatments and formula feeding in a heated pool at the Seaquarium, and his health has improved slightly, but he remains in critical condition, Rodriguez said.

If the calf recovers, it would likely stay at the Seaquarium for two years before it is large enough to be released into the wild, Rodriguez added.

The Miami Seaquarium is one of only three critical-care facilities for injured manatees in the state. This is the 10th manatee rescued and brought to the Seaquarium this year.

Residents who spot injured or distressed manatees and other wildlife are encouraged to call the FWC’s wildlife alert hotline at (888) 404-3922.

By DAVID BALL
dball@keysreporter.com

Related posts

• Manatees Succumb to Climate Change (0)
• Biologists Free Key Largo Manatee Entangled in Fishing Line (0)
• Pregnant Patsy the Manatee Released…In Homestead? (0)
• Pregnant Patsy the Manatee Captured in Key Largo (0)

The festivities are to kick off Friday, Oct. 23, with a parade down U.S. Highway 1. The procession is expected to gather at 5:30 p.m. along Caribbean Drive, ending at the Holiday Inn Tiki Bar, mile marker (MM) 100 oceanside — not far from the place where Black Caesar is thought to have maintained a harem and buried treasure worth millions of dollars.

Float judging and a costume contest are to begin at the Tiki Bar at 7 p.m., along with a Pirate Bash on the Bay with live music. Tickets for the bash are $20 per person plus tax and gratuity.

Those eager to come face-to-face with the fearsome pirate — or at least his modern-day stand-in — are likely to do so Saturday, Oct. 24, from noon to 11 p.m. at MM 104 bayside. Caesar and his buccaneer brethren might be spotted haunting the Pirate Bazaar and Thieves’ Market, set to begin at noon at the Big Chill, Sundowners, Cactus Jacks & Señor Frijoles. Pirate paraphernalia, memorabilia and art are to be among the attractions for attendees.

Also Saturday, scallywags are to take to the high seas for underwater treasure hunts and an underwater poker tournament. Along with an above-water contest open to the public, the underwater action is part of a three-day Pirates’ Poker Challenge that coincides with the festival.

For nongambling types, a concert on the water on Blackwater Sound commences at 2 p.m. off Sundowners and the Big Chill bayside complex.

The pillaging and plundering is to intensify at 6 p.m. as pirates invade Key Largo in a professionally choreographed re-enactment of Black Caesar’s return — complete with artillery line, encampments, battles and skits on Blackwater Sound.

Like the concert, these can be viewed from Sundowners and the Big Chill. Grog, grooves and golden treasure are to abound as the bazaar continues well past the blasts of festive fireworks set for 9 p.m.

The action Sunday, Oct. 25, is to include Black Caesar’s By-Land-or-Sea Poker Run beginning at 11 a.m. at Sundowners, MM 104. Pirates are expected to hit ports of call such as the Bayside Grille, Snappers, Mandalay, Pilot House, Coconuts and Gilbert’s Resort.

Key Largo Pirates Festival organizers also plan to host The Good, The Bad & The Ugly costume contest at a location yet to be determined. Prizes await the sexiest and scariest pirates, best buccaneer and best wench. In addition, revelers can enter conveyances including bikes, cars and boats in a contest for best-decorated conveyance.

The pirate festival is to culminate in a Buccaneer Finale at the Caribbean Club, MM 104 bayside. Attendees can expect to find wild-eyed pirates jiving to live music and imbibing the island’s grub and grog before the climactic handing over of the loot.

For a complete parade route and more festival information, visit www.keylargopiratesfest.com or call Sue Finney at (305) 394-3736.

For information on area accommodations, call the Key Largo Chamber of Commerce at (800) 822-1088 or (305) 451-4747, or visit the official Florida Keys & Key West Web site at www.fla-keys.com

Related posts

• No related posts.

Biologists with the Florida Fish and Wildlife Conservation Commission’s (FWC) Fish and Wildlife Research Institute and the Dolphin Research Center rescued a female manatee today at Gilbert’s Marina in Key Largo.

Biologists captured the animal so they could remove monofilament fishing line that was embedded in the manatee’s right flipper. If left untreated, the entanglement could lead to the loss of the flipper.

A Miami Seaquarium veterinarian removed the line, treated the wound and deemed the animal healthy enough for immediate return to the wild.

Monofilament fishing line can cause serious injury or death for a variety of Florida wildlife. Florida’s Monofilament Recovery and Recycling Program is a statewide effort to educate the public about the problems caused by monofilament line left in the environment, to encourage recycling through a network of line-recycling bins and drop-off locations, and to conduct volunteer fishing line cleanup events. For more information, visit www.fishinglinerecycling.org.

To report a dead or distressed manatee, call the FWC’s Wildlife Alert hotline at 888-404-FWCC (3922).

For more information on manatee research, visit http://research.MyFWC.com/manatee.

Related posts

• Manatees Succumb to Climate Change (0)
• Baby Manatee Rescued – Plantation Key (0)
• Pregnant Patsy the Manatee Released…In Homestead? (0)
• Pregnant Patsy the Manatee Captured in Key Largo (0)