A rabbi
from Brooklyn crosses paths with a thug from Miami; it sounds like the
beginning of a bad novel. Instead, it was the end of a good life. On August
9th, 2014, Rabbi Joseph Raksin was shot and killed while walking to temple. The
investigation and subsequent prosecution of the suspected killer has left the
community in uproar.
The
Miami-Dade Homicide Bureau has some of the best detectives in the country.
Still, for more than a year, there were no arrests in this high-profile,
politically-charged case. Some thought
was a robbery gone wrong, but others thought to be a hate crime. Then, on December 9th, 2015, the authorities
held a press conference. With a mug shot and a poster full of charges, the
State Attorney announced the arrest of Deandre Charles as the suspected killer.
They cited evidence including cell phone records, DNA from the crime scene, and
a sketch of the killer.
Deandre
Charles is a black kid from Miami Gardens. He attended Miami Norland High
School. He was 14 years old at the time of Rabbi Raksin’s murder. Miami Gardens
is a troubled section of North Miami-Dade County where good citizens deal with
shootings, robberies, or murders every day. The area produces cold-blooded killers,
even 14-year-old killers. The case sounds good, right? We've got a murderer
here!
The State believes
its case is solid. On March 23rd, 2016, there was a hearing on Charles’ motion
for bond - this is where Charles asks a judge to be released on bond prior to
trial and if granted, the release conditions would be listed in the judge’s
order. At the hearing, the State shared
details of their case against Charles. What they shared was less than
compelling and a lot less than a solid murder case.
First, the
DNA evidence: at the time of the murder, DNA evidence was collected from the
crime scene and the rabbi's clothes. Six days after the killing, the police
stopped a car that was seen near the crime scene. Charles was a passenger in
the car during the stop. Police impounded the car and collected additional DNA
samples. The DNA recovered by the police from the scene, the car used in the
murder, and the rabbi’s clothing was a mixture, meaning the samples each
contained DNA from multiple people. DNA experts from Florida International
University testified that the DNA recovered was consistent with Charles’ DNA,
but they also found consistent with half the world’s population. The DNA
literally could have come from anyone, Charles, you, or me.
A cellphone
owned by Charles’ mother, pinged near the scene before and after the murder. Charles
and his family live in the area, it doesn't seem unreasonable that the cell
phone would "ping" in the area. An informant named three persons
involved in the murder, Deandre Charles' name wasn’t among them. A witness, who
later identified Charles in a photographic lineup, described the person he saw running
from the scene as a tall, thin black man and in his twenties. Charles was 14.
Oh, and
that sketch? The witness drew it, not a police sketch artist. To be kind, I would describe the sketch as
simple, child-like. It looked more like a cartoon than a person. The Judge
being kind described it as “folk art.” It doesn't look like is Deandre Charles or
anyone else for that matter.
When the
police interviewed Charles, he denied any involvement and told investigators he
was at home. There were no witnesses to the actual murder. Other than the
witness identifying Charles in the vicinity, there is no direct evidence
presented that even places Charles at the scene of Rabbi Raskin's murder. And
though the single witness puts Charles in the area, his mere presence doesn't mean
that he committed the crime.
Judge Jason
Bloch heard this evidence at the hearing. In order to deny a bond request, the
State must present evidence that meets a higher
standard than that which is necessary to convict at trial. Judge Bloch
ruled that the State did not meet this standard, and his order allows for
Charles' conditional release, once Charles posts a $300,000 bond. Many in the community are angry
that the subject in the rabbi's murder may bond out and be under house arrest
instead of in jail before his trial. Some have questioned Judge Bloch's ruling.
But is
it the judge who is to blame or are the authorities who brought forth a
questionable, entirely circumstantial case?
Can one be
convicted of murder based on circumstantial evidence? Yes. Did Deandre Charles
murder Rabbi Joseph Raskin? Maybe. Can the State of Florida prove this? Hardly,
at least at this time the State’s case looks to be rather weak. Under the
circumstances and reviewing the evidence presented, most judges would have
reached the same conclusion as Judge Bloch. What Judge Bloch did was look at the evidence
presented to him by the State and not the person accused, the victim, nor the
politics involved. And Charles? He is
still in jail, unable to post the $300,000 bond.
Patrick
J. McGeehan, Esq. is a criminal defense and family law attorney in Miami,
Florida. In addition to having over 20
years of law enforcement experience in the South Florida region, Mr. McGeehan was
a police instructor in several areas as well as a court certified expert
witness in D.U.I., speed measurement, accident reconstruction and other law
enforcement fields. Mr. McGeehan has
been featured on numerous national news networks, radio and print media
regarding his legal work. He can be
reached at the Law Offices of Patrick J. McGeehan, P.A., One Biscayne Tower, 2 South Biscayne
Boulevard, Suite 3760, Miami, Florida 33131, 305-577-4933, patrick@pjmlawyer.com; www.pjmlawyer.com
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