| Probable cause affidavit: |
SUBMITTED BY: LIOTTA, KATHLEEN 0417 (AR13-4221) KNOWINGLY AND UNLAWFULLY COMMIT LEWD AND LASCIVIOUS BATTERY UPON AN ELDERLY PERSON AND A DISABLED PERSON (FEMALE VICTIM 022123) BY FORCING HIS FINGER INSIDE THE VICTIMâS VAGINA (DIGITAL PENETRATION) WITHOUT THE VICTIMâS PERMISSION OR CONSENT. THE VICTIM IS A DISABLED ADULT FEMALE WHO IS BLIND AND NEEDS 24 HOUR ASSISTANCE DUE TO HER INABILITY TO SEE. THE DESCRIBED ACTS WERE COMMITTED BY A PERSON ACTING IN THE ROLE OF A CARE GIVER WHO HAD KNOWLEDGE OF THE VICTIMâS DISABILITY, IN VIOLATION OF FLORIDA STATE STATUE 825.1025 (2)(A) KNOWINGLY AND UNLAWFULLY COMMITS SEXUAL BATTERY UPON A PERSON 12 YEARS OF AGE OR OLDER (FEMALE VICTIM 022123) WITHOUT THAT PERSONâS CONSENT, BY FORCING HIS FINGER INSIDE THE VICTIMâS VAGINA (DIGITAL PENETRATION) WITHOUT THE VICTIMâS PERMISSION OR CONSENT. THE VICTIM IS A DISABLED ADULT FEMALE WHO IS BLIND AND NEEDS 24 HOUR ASSISTANCE DUE TO HER INABILITY TO SEE. THE VICTIMâS HANDICAP PREVENTED HER FROM FLEEING FROM THE DEFENDANT TO AVOID THIS ACT. THIS IS IN VIOLATION OF FLORIDA STATE STATUE 794.011 (4)(F) ON 011013, OUR AGENCY RESPONDED TO A CITRUS COUNTY FACILITY, WHERE THE ELDERLY VICTIM RESIDES. THE VICTIM HAD REPORTED THE SEXUAL ABUSE DESCRIBED ABOVE (DIGITAL PENETRATION) TO ONE OF HER FEMALE NURSES AFTER THE NURSE NOTICED THE VICTIMâS UPSET BEHAVIOR. THE VICTIM DISCLOSED THE SEXUAL ABUSE ON 010913. THE ADULT PROTECTIVE SERVICES WERE NOTIFIED ON THE SAME DATE. ON 010913, THE ELDERLY VICTIM COMPLAINED OF âBURNING URINATIONâ, WHICH WAS A COMPLAINT THAT SHE HAD NOT VOICED BEFORE. ON 011013, WHEN OUR AGENCY WAS NOTIFIED, ONE OF OUR PATROL UNITS INTERVIEWED THE ADULT VICTIM. I CONDUCTED A FOLLOW UP INTERVIEW WITH THE VICTIM ON 011513. DURING MY INTERVIEW THE VICTIM DISCLOSED THAT THE DEFENDANT DIGITALLY PENETRATED HER VAGINA. SHE EXPLAINED THAT SHE WAS SITTING ON THE TOILET AND THE DEFENDANT CAME AND TOLD HER THAT HE WAS GOING TO PREPARE HER FOR BED. SHE ADVISED THAT HE BEGAN TOUCHING HER VAGINA WITH HIS HAND. SHE TOLD ME THAT HIS HAND WAS VERY BIG. SHE ALSO TOLD ME THAT SHE HAD NOT HEARD HIS VOICE BEFORE AND DID NOT RECOGNIZE HIS VOICE AS FAMILIAR. THE VICTIM CONFIRMED THAT NOT ONLY DID THE DEFENDANT TOUCH HER VAGINA; HE ALSO STUCK HIS FINGER INSIDE OF HER VAGINA. SHE CLARIFIED THAT THIS WAS NOT DONE FOR CLEANING PURPOSES. THE VICTIM TOLD ME THAT SHE KEPT ASKING THE DEFENDANT WHY HE WAS TOUCHING HER LIKE THIS. SHE HAD ALSO STATED THAT THE DEFENDANT DID NOT USE A WASH CLOTH WHEN DOING THIS ACT. THE VICTIM WAS SHAKING AND VERY UPSET AS SHE DESCRIBED THE ACTS THAT THE DEFENDANT DID TO HER. SHE INDICATED THAT PRIOR TO THIS INCIDENT, SHE HAD FELT VERY SAFE AND WELL TREATED. SHE TOLD ME THAT THE DEFENDANT WAS VERY ROUGH AND HURT HER. THE VICTIM TESTIFIED THAT THE INCIDENT OCCURRED SOMETIME LAST WEEK (THE WEEK OF JANUARY 7, 2013). DURING MY INTERVIEW, THE ALMOST 90 YEAR OLD FEMALE VICTIM CONFIRMED THAT SHE IS BLIND AND HAS NO SIGHT. I ASKED HER A FEW QUESTIONS TO DETERMINE IF SHE COULD UNDERSTAND AND COULD COMMUNICATE EFFECTIVELY. SHE WAS ABLE TO COMMUNICATE WITH ME ABOUT THIS INCIDENT, AS WELL AS UNRELATED TOPICS. BASED ON THE EVENTS PORTRAYED TO ME BY THIS VICTIM, IT WAS CLEAR THAT THE DEFENDANT WAS ACTING IN A SEXUAL MANNER AND NOT ATTEMPTING TO CLEAN THE VICTIM OR PREPARE HER FOR BED. ON THE SAME DATE (011513), I INTERVIEWED OTHER STAFF MEMBERS AT THIS FACILITY. THE TESTIMONY PROVIDED TO ME WAS THAT ALTHOUGH THE VICTIM IS BLIND, SHE CAN AND DOES WASH HERSELF. THE STAFF EXPLAINED THAT ALMOST EVERY NIGHT THE VICTIM IS LEFT ON THE TOILET IN HER ROOM. SHE IS GIVEN ANYWHERE FROM 15 MINUTES TO 45 MINUTES TO USE THE TOILET AND GIVE HERSELF A SPONGE BATH OR WIPE UP. ONCE SHE HAS COMPLETED THESE TASKS, SHE WILL RING A CALL BELL FOR ASSISTANCE TO GET INTO HER BED. THIS VICTIM HAS VOICED A PREFERENCE FOR FEMALE CARE COMPANIONS OR NURSES AND THAT WAS WELL KNOWN TO OTHER STAFF MEMBERS. THE VICTIM DOES NEED ASSISTANCE WHEN SHE WALKS OR GOES INTO THE SHOWER SO SHE DOES NOT FALL. DURING MY INVESTIGATION, ON 011513, I INTERVIEWED THE MALE STAFF THAT ARE ASSOCIATED WITH DAILY OR NIGHTLY PATIENT CARE. ON 012313, I CONDUCTED FOLLOW UP INTERVIEWS WITH A FEW OF THE MALE STAFF MEMBERS. THE DEFENDANT WAS ONE OF THOSE FOLLOW UP INTERVIEWS. DURING MY INITIAL INTERVIEWS, THE DEFENDANT TOLD ME THAT HE HAD NEVER TAKEN CARE OF THIS VICTIM OR SEEN HER. HE THEN RECALLED THAT HE HAD MET HER DURING HIS ORIENTATION IN NOVEMBER OF 2012, BUT HAD NO INTERACTION WITH HER OTHER THAN THAT. THE DEFENDANT DENIED EVEN GOING DOWN INTO THE HALL WHERE THE VICTIM LIVES. HE ONLY INITIALLY ADMITTED TO GOING TO THE MAIN AREA TO CHAT WITH OTHER NURSES DURING HIS DINNER BREAK. ON THE 012313 INTERVIEW, THE DEFENDANT ADMITTED TO KNOWING THE VICTIM WAS BLIND. HE INDICATED THAT HE WOULD OFTEN SEE HER SITTING IN THE MAIN AREA (ADJACENT TO HER HALL) AS SHE WOULD LISTEN TO THE TELEVISION. HE NOW ADMITS TO BEING OVER IN THAT AREA, WHICH IS A DISTANCE FROM HIS WORK AREA QUITE OFTEN (OVER 10 TIMES). HE IS STILL DENYING PROVIDING ANY CARE FOR THIS VICTIM AT THIS TIME IN THE INTERVIEW. UPON FURTHER DISCUSSION, I UPDATED THE DEFENDANT ON THE PROGRESS OF MY INVESTIGATION AND OF SOME INFORMATION THAT I HAD LEARNED. THE DEFENDANT NOW ADMITS TO HEARING THE VICTIMâS CALL BELL FOR ASSISTANCE GO OFF. HE EXPLAINED THAT HE WAS ON A BREAK WITH TWO OTHER FEMALE STAFF MEMBERS IN HIS WORK AREA. HE EXPLAINED THAT HE TOLD THE TWO FEMALE STAFF MEMBERS TO CONTINUE ON THEIR BREAK AND HE WOULD TEND TO THE VICTIM. THE DEFENDANT TOLD ME THAT HE WENT TO THE VICTIMâS DOORWAY AND ENTERED THE ROOM. HE ADVISED THAT HE THEN OPENED THE DOOR TO CHECK ON THE VICTIM. AS I HAVE BEEN IN THE FACILITY AND IN THE VICTIMâS ROOM, I KNEW THAT THERE WAS ONLY ONE DOOR AND THAT IS THE DOOR TO THE VICTIMâS ROOM. THE DOOR THAT HE WAS TALKING ABOUT WAS THE VICTIMâS BATHROOM. THE DEFENDANT HOWEVER INITIALLY TOLD ME A DIFFERENT STORY. HE ADVISED THAT HE SAW THE VICTIM IN HER BED AND SHE HAD ACCIDENTLY ROLLED OVER AND HIT HER EMERGENCY BUTTON BY ACCIDENT. HE SAID THAT HE SIMPLY CHECKED ON HER AND SHE WAS OKAY SO HE LEFT. I CONFRONTED HIM ON THE INFORMATION THAT HE PROVIDED AND THEN HE ADMITTED THAT HE HAD ACTUALLY WENT INTO THE VICTIMâS BATHROOM AND SHE WAS SITTING ON THE TOILET. HE HAS NOW CONFIRMED THE VICTIMâS VERSION OF EVENTS BY THIS STATEMENT. HE ADMITTED TO MAKING A STATEMENT TO THE VICTIM THAT HE WAS THERE TO ASSIST HER IN GETTING READY FOR BED. THIS IS ALSO CONSISTENT WITH THE VICTIMâS STATEMENT TO ME AND OTHERS. HE RECALLED THAT THIS WAS AROUND 0030-0130 ON 010813. THE DEFENDANT SAID THAT THE TWO FEMALE NURSES HAD JUST FINISHED THEIR FIRST INITIAL ROUNDS AND THAT HELPED HIS RECOLLECTION OF THE TIME. DURING THIS VERSION, THE DEFENDANT TRIED TO INITIALLY SAY THAT HE WAS PROVIDING CARE TO THE VICTIM AFTER HER BATHROOM USE. I BEGAN TO DESCRIBE THE VICTIMâS FEAR AND TRAUMA THAT SHE HAD DESCRIBED TO ME DURING HER INTERVIEW. DURING THIS PORTION OF THE INTERVIEW, THE DEFENDANT ADMITTED TO PUTTING HIS FINGER INSIDE OF THE VICTIMâS VAGINA. THE DEFENDANT HAD ALREADY BEEN READ MIRANDA PRIOR TO HIS INTERVIEW ON THIS DATE. HE HAD WAIVED HIS RIGHTS AND AGREED TO THE INTERVIEW. THE DEFENDANT WAS ASKED OTHER QUESTIONS PERTAINING TO THIS INCIDENT. HE COULD NOT ADVISE WHY HE TOOK ADVANTAGE OF THIS VICTIM. HE FINALLY TOLD ME THAT IT WAS THE OPPORTUNITY AND THE FACT THAT THE VICTIM WAS BLIND. UPON CONCLUSION OF THE INTERVIEW, THE DEFENDANT APOLOGIZED FOR HIS ACTIONS TO THIS VICTIM. HE AGREED THAT IF ANYONE HAD TREATED HIS MOTHER IN THIS FASHION, HE WOULD BE REALLY UPSET. THE DEFENDANT APOLOGIZED TO THE VICTIM FOR HIS ACTIONS IN A LETTER. THE DEFENDANT WAS PLACED UNDER ARRESTED, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND TRANSPORTED TO THE CITRUS COUNTY JAIL BY DEPUTY RICCI. THE DEFENDANTâS TOTAL BOND IS $15,000.00 PER THE BOND SCHEDULE. |
