Defendant charged with attempted murder of LEO held without bail
Posted on June 22, 2010 3:00 AM EST
A defendant currently charged with attempted first degree murder
of law enforcement officer appeared at a bond hearing
before a circuit court judge in an effort to secure bail. Attempted first degree murder is a first degree felony punishable by life in prison. Under the law in the State of Florida, anyone charged with a first degree felony punishable by life in prison will initially be held without bail from the time of arrest. However, an experienced Miami criminal lawyer
will set the case as soon as possible for an Arthur hearing. Depending on the strengths and weaknesses of the case, a prosecutor may agree or stipulate to the entry of a bond. If not, the prosecution must prove that defendant committed the crime before a judge with standard being proof evident, presumption great. If the burden is met, the judge will determine whether or not a defendant is a flight risk or a danger to the community in determining whether or not to set a bond.
Michael Robertson appeared for an Arthur hearing with his criminal defense lawyer before a circuit court judge. Evidence established that the defendant was initially pulled over by a Miami-Dade County RID (Robbery Intervention Detail) detective. Once the defendant stepped from his vehicle and while he was be patted down, he fled from the detective. The defendant allegedly entered an apartment building and dropped a 30 pound cinder block on the detective's head. The defendant then proceeded downstairs, kicked and beat the detective, eventually fleeing the scene in the detective's automobile. The detective suffered severe brain injuries, a fractured right arm, a collapsed lung and lacerated spleen.
A passerby allegedly identified the defendant as the man who committed the offense. Video surveillance also placed the defendant in the area where the crime was committed. While witnesses often make misidentifications and surveillance video can often be fuzzy, the lead detective testified that the Defendant's DNA was found on the driver's side visor. While DNA evidence is very compelling to judges and juries alike, the weight of that type of evidence will depend on the specific results of the testing. A 1 in 20 match is certainly less compelling when the results come back in the millions. According to the lawyer representing the defendant, a formal report has not been released from the Miami-Dade County State Attorney's Office regarding the DNA results.
Another piece of evidence brought out in the testimony was the fact that the defendant's fingerprint was found on the inside of the driver's side door. Fingerprints, like DNA evidence, are physical evidence that strongly bolster a prosecutor's case. Apparently, the evidence was substantial enough to allow the judge to find proof evident, presumption great and find that the defendant is a danger to the community, and thereby holding him without a bond. Once the reports are provided to his counsel, an explanation will have to be provided for the location of the DNA and the fingerprint to secure an acquittal in front of a jury. Experienced criminal lawyers will also seek to have their own experts evaluate the DNA and fingerprint evidence, because as well all know the crime lab specialist are employed by the police department. Being the prosecution will likely seek to put Robertson behind bar for many years, the evidence must be closely scrutinized before the case is presented to a jury.
No Bail in Cinder-Block Attack on Miami-Dade Detective, The Miami Hearld.com June 15, 2010.