[my_adsense_shortcode_1]
We have new tendencies in a tale we’ve been investigating for almost a 12 months. The Cape Coral 5th grader accused of threatening violence at his college is going again to courtroom.
The tale made nationwide and world headlines final would possibly, when the Lee County Sheriff’s Office perp walked the ten-year-old and posted it to Facebook, with few information about what led as much as his arrest.
WINK News Investigates Reporter Céline McArthur has been main our unique protection of this situation. She explains what came about in courtroom and what new information the pass judgement on could have as she makes her determination.
The May tenth listening to for Daniel Marquez grew to become out to be a listening to to arrange the following courtroom date to speak about the movement to brush aside. Both facets will pass during the proof amassed on this case, in addition to a brand new—and doubtlessly recreation converting—prison construction. At that time, the pass judgement on can come to a decision if the costs are dropped or Daniel is going to trial.
The Marquez circle of relatives, wearing fits, are again in courtroom, desperate to transparent Daniel’s report.
“I will say that they’re wrong. Because I never did anything wrong,” stated Daniel, just about a 12 months after his arrest.
The rate in opposition to him — Florida Statute 836.10 — Written or digital threats to kill, do physically harm, or behavior a mass capturing or act of terrorism.
A month after Daniel’s arrest, Sheriff Carmine Marceno advised me why he felt the boy used to be responsible.
Marceno: “Any person, any person would look and say, guns, get ready for water day. That is a threat.”
McArthur: “What if you were wrong?”
Marceno: “Well, I’m not going to be wrong going with what I feel.”
But listed here are the info.
One textual content learn, “scammed a friend,” adopted by a display shot of cash.
Another learn, “I bought this,” adopted by a display shot of weapons.
A 3rd textual content learn “get ready for water day” with a humorous emoji.
In an interview with LCSO deputies—received completely by WINK News—you’ll be able to pay attention Daniel give an explanation for why he despatched the texts.
Detective Tyler Mackereth: “I mean, you can hold it, but.. Wow, for a lot of money.”
Daniel: “Yeah, it was just a joke.”
Without another proof to contradict that clarification, Daniel’s legal professional Alex Saiz clarifies why that comic story isn’t against the law, why it’s other from the pretend or actual risk, Marceno accused Daniel of creating.
“When it comes to a fake threat, the idea of a threat is that you’re trying to put the person in fear, that fear feels real,” stated Saiz. “But when somebody’s sending you a message they never intend for you to take seriously, they’re never trying to put you in that fear, the law treats that very differently. Because without that intent to put you in fear, there isn’t a crime there that’s punishable.”
You gained’t in finding the phrase intent in that law, however the idea that remains to be there.
Alan Dershowitz, Harvard Professor Emeritus and Civil Rights Attorney, explains what’s referred to as mens rea in American law. Its literal translation: responsible thoughts.
“Intent must be presumed as part of any statute, unless the statute explicitly excludes it. Obviously, it is very relevant on this case.”
Alan Dershowitz, Harvard Professor Emeritus and Civil Rights Attorney
Florida’s Fourth District Court of Appeal has the same opinion. In February, it overturned a conviction in opposition to a kid accused of sending threatening messages to a classmate thru Instagram. The trial courtroom concluded “the intent of the youth was irrelevant.” The appellate courtroom dominated that used to be improper. Saiz says that used to be a large deal for Daniel, and another circumstances transferring ahead.
“Having the court come out with a decision which held the exact interpretation of the law that we had, it feels like a bit of a vindication,” stated Saiz.
Dershowitz doesn’t constitute Daniel, however I requested him to study his case report.
“I want to commend you, I want to commend your television station for making this story available to all of us so we can see it and we the citizens can demand changes, because this case cries out for multiple changes,” stated Dershowitz.
He’s difficult the closed-door procedure used to detain youngsters. Here’s the rating sheet used by the Department of Juvenile Justice. 13 issues or extra will get you locked up. Daniel scored 20 proper off the bat for what’s indexed as a violent prison.
“That’s ridiculous,” stated Dershowitz. “It shows you the scoring system means nothing. It’s the scorer, that means something and the scorers here obviously were showing their bias.”
Had the scorer decided on Option “E” for a non-violent prison, Daniel should not have earned sufficient issues for automated detention. Daniel’s father Dereck says the long-term have an effect on of locking up his son, who used to be 10-years-old on the time, has but to be observed, which is unsettling.
“He used to be a little bit more independent, wanting to venture out now he wants to stay close,” stated Dereck. “He’s just more reserved that he was the way it was before.”
Perhaps probably the most consequential factor on this case, is one thing our prison gadget does now not deal with: Facebook and TikTok.
“The framers of the Constitution could not have imagined how social media can impact a case, even the Supreme Court,” stated Dershowitz. He provides, “and once the social media gets at somebody, it’s often more than a presumption. It’s a certainty of guilt.”
Dershowitz and Saiz each say those posts created a dangerously deceptive narrative of what came about, which straight away influenced the social media courtroom of public opinion. And it came about ahead of Daniel may just pass during the judicial procedure.
“As to why they didn’t get into the specifics of the of the case, I can think of two reasons, neither of them particularly good,” stated Saiz. “One, they didn’t know fully what was going on before they went to publish it, which tells you a lot about the person publishing the story. Or two, they did know the details of what was going on, and decided not to put them because it would make it look like this was an overreaction.”
Dershowitz reacts to the TikTok post from LCSO about Daniel, the place Marceno says partially, “If a 10-year-old, 12-year-old, 18-year-old presses the trigger, the aftermath is the same.”
“He made statements suggesting this kid actually had a gun. Maybe even pulled the trigger. And that’s not what happened here,” says Dershowitz. “And a sheriff has an obligation to be straight with the public and he wasn’t.”
Dereck hopes his circle of relatives’s tale will trade that.
“I know a lot of people say that it’s not going to be my family, it’s not going to be me,” stated Dereck. “But when it is, that’s when you really think like, why why is this happening?”
The Motion to Dismiss listening to is scheduled to happen in June, the day ahead of categories finish for Daniel. You can rely on us to be there.
The Lee County Sheriff’s Office hasn’t replied my questions on this situation since June of final 12 months. Coming up in our subsequent a part of the collection, we’re going to listen to what one of the most deputies who arrested Daniel needed to say about that day.
It’s a tale you’ll simplest see on WINK News.
