On Friday, the Miami Herald reported that State Attorney Ed Brodsky won’t seek maximum sentences for Elissa Alvarez and Jose Caballero, who were convicted on Monday of public lewdness for (no-longer-allegedly) having sex on a public beach in Bradenton, within sight of several families. The two could have faced 15 years in prison, along with sex offender registration.
That they’re going to get less than that (though it’s still unclear how much less) is good news not just for the couple, but for Florida — the announcement will hopefully at least slightly deflate the roiling clouds of gleeful indignation over yet another example of Florida So Crazy.
Because let’s be real: a solid proportion of the advertising aimed at out of state tourists holds forth the subtle promise that, if you come to Florida, you might end up sticking things into things while covered in sand. (Enticing, right?) Putting a couple away for more than a decade for doing what comes naturally when in the presence of the ocean’s sublime beauty would be, at the very least, horrible PR.
Of course, many people still feel it’s absurd that Alvarez and Caballero face any jail time. And there’s no indication that they won’t have to register as sex offenders, a designation that closes down the possibilities of a person’s entire life with the stark finality of a descending black curtain.
They made a mistake, no doubt. In fact, they come across as grade-A self-involved morons (among other evidence for the prosecution in that case: Caballero was arrested wearing a thong).
But for context, it’s not hard to find examples of felony sentences such as a six years for rape (celebrity category), or 10 years for child murder. Alvarez or Caballero’s sentences ending up anywhere remotely close to those would instantly make prosecutors guilty of worse judgment than the convicts ever showed.
In fact, the sentencing process, rather than any debate over decency, is the real point of concern here. Jurors in criminal trials are tasked with determining innocence and guilt – but have no procedural access to the sentencing guidelines for the charges they’re deliberating.
There are certainly good reasons for that (please, please tell me there are good reasons for that…), but the upshot is that the case says nearly nothing about the moral standards of Floridians. The defense in the case feebly argued that Alvarez was just 'dancing' on top of Caballero, but there were multiple witnesses, and even a cell phone video that’s pretty hard to refute.
Jurors’ only job was to process these facts, not weigh what they thought the response should be. There’s no guarantee that a jury would have gone easy on the couple in sentencing — but whatever sentence comes down, it won’t have been decided by the couples' fellow beachgoing citizens.
In Caballero’s case, it might not even have been decided by a judge. He has a prior felony conviction, and recently completed serving that sentence. Under Florida law, prosecutors could have filed for an automatic 15 year sentence for the new offense, with seemingly no discretion left in the hands of the judge. The Herald reports that Brodsky has withdrawn that paperwork. Let’s hope someone takes the opportunity to make a good decision here.
This article appears in May 7-13, 2015.