Articles Tagged with “Judge Matthew Destry”

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Fabian Palmer, a 25 year-old from Jamaica, found himself working on the Enchantment of the Seas, a cruise ship operated by Royal Caribbean. During a Christmas cruise, Palmer, who was assigned to maintaining the vessel’s pool areas, befriended a young girl, age 14.

We reported on the sordid events in a previous article here: Another Crew Member Pleads Guilty to Sexual Rape Charges of Minor Passenger on Royal Caribbean Cruise

fabianpalmerfacebook.jpgFor several days, Palmer would leave written notes to the minor girl, until the night of December 23, 2011. That night, Palmer took the child into a bathroom located inside a male locker room. He locked the doors behind them and despite the girl’s protests, performed multiple sexual acts. The FBI came into possession of video surveillance footage that showed Palmer lead the child in the male locker room and in one of the bathrooms.

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Cruise Ship Lawyers Blog was first to report the alleged sexual assault that occurred during a 10-day cruise aboard Royal Caribbean operated ship the Allure of the Seas.

Luiz Scavone was charged last January with two counts of lewd and lascivious battery on a 15-year old female passenger. Initially, Scavone plead not guilty and attempted to post bail in order to wait for trial in Brazil, his home country. You can read our previous posts on this incident here:

scavone-original_resize.jpgCruise Ship Passenger Raped Aboard Royal Caribbean’s Allure of the Seas

Alleged Cruise Ship Rapist Asks Judge to be Released

Alleged Rapist of Cruise Passenger Luiz Scavone held without Bail

Last week, Scavone plead guilty to the battery charges and was sentenced to one year in jail. Once released, Scavone will have to register as a sex offender and will be deported to Brazil immediately.

Even though Scavone’s family and lawyer claimed that the 15-year-old teenager consented to having sexual relations with the 20-year-old, the facts of the incident were never questioned. According to the prosecutor, the teenager was lured by Scavone’s little brother (15) to Scavone’s cabin under false pretenses. The young girl thought she was going to a small party cabin and to meet other friends. She realized once the door closed behind her that she was alone with Scavone and his little brother where it is alleged they took turn raping the minor cruise passenger.

allure of the seas rccl_resize.jpgThe next day, the parents of the victim alerted the crew. The FBI and local authorities were called and arrested the Scavone brothers as soon as the ship arrived in Fort Lauderdale.

The criminal case against the younger of the two Scavone was completed several weeks ago and he is now back in his home country. His brother, Luiz Scavone, will not be back in Brazil before he spends the balance of his sentence behind bars.

Judge Matthew Destry was faced with an important decision early on in the criminal trial, having to rule whether Scavone could be freed on bail. The State of Attorney’s Office argued that it would be ill-advised for Scavone to be allowed to post bail because they could not prevent him from leaving the country and returning to Brazil while the charges were pending. To their point, a recent amendment to the Brazilian constitution provides that Brazilian citizens are not to be deported to a foreign country when criminal charges are pending against them. In other words, allowing Scavone to post bail and leave the USA would have meant that the teenager’s attacker would never be punished for the alleged rape.
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We reported last week that, Luiz Scavone, a 20-year-old Brazilian citizen, was arrested during a cruise on Allure of the Seas.

On Friday, Broward Circuit Judge Matthew Destry ordered 20-year-old Luiz Scavone to be held without bail Friday. Judge Destry motivated his decision by the belief that, if released on bail, Scavone could easily flee the country: “This is South Florida. Let’s face it: If you want to get on a boat and leave for South America, that can happen, with or without a passport. It’s not difficult to do.” Prosecutors argued in favor of Scavone to be held without bail because of his brazilian citizenship.

LuizScavoneHearing2.jpgBrazil has recently passed an amendment to its constitution making it illegal for a Brazilian citizen to be extradited from Brazil to a foreign country to face criminal charges. In other words, should Scavone leave the country and enter Brazil, The United States would never be able to prosecute the 20-year-old for his alleged criminal acts.

The victim, a 15-year-old teenage girl from Iowa, reported the sexual assault immediately to the cruise ship employees. She claims that another 15-year-old male lured her into a private cabin under false pretenses. Luiz Scavone was waiting for them in the cabin. The minor victim refused the two men’s sexual advances, and they proceeded with ripping her clothes off and took turn raping her.

allure of the seas cabin.jpg

We have recently learned that the minor who lured the victim to a private cabin is Luiz Scavone’s 15-year-old brother. The alleged minor assailant who is being held as a juvenile faces criminal charges, though not as serious as his big brother. Luiz Scavone is charged with lewd and lascivious battery on a victim younger than 16 and older than 12. He faces up to 15 years in prison if convicted.

You can read our reports here:

Cruise Ship Passenger Raped Aboard Royal Caribbean’s Allure of the Seas

Alleged Cruise Ship Rapist Asks Judge to be Released

The attorney for the two alleged assailants, their uncle, has declared last week that the victim consented to the sexual encounter and that she was not forced to do anything. Luiz Scavone has pled not guilty.
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As we previously reported here, Luiz Scavone is facing charges for committing a lewd and lascivious act on a 15 year-old girl while on a Royal Carribean cruise ship “Allure of the Seas”. Yesterday, Scavone’s defense counsel asked Broward Circuit Judge Matthew Destry to set a low bail or no bail at all. The prosecutors moved for a high bail arguing that Mr. Scavone, a Brazilian citizen, poses a substantial flight risk. Judge Destry will hear arguments from both sides before ruling on the bond issue, during a court hearing set for Friday morning. At the hearing, Judge Destry’s decision is surely going to take into account the fact that exists a loophole in Brazil’s constitution which was recently amended and now provides that the extradition of its natives accused of crimes in other countries is prohibited.

Luiz Scavone Mugshot.jpgLuiz Scavone, along with another 15-year-old male, also a Brazilian citizen, allegedly lured a teenage girl into a private cabin and sexually assaulting and raping her. The 20-year-old faces charges for a second-degree felony, punishable by up to 15 years in prison.

The lawyer and relative of the two Brazilians who were arrested at Port Everglades and now accused of sexually assaulting and raping the 15 year-old teenage girl stated that they are innocent and that the intercourse was consensual. The newspaper Folha de S. Paulo reports that the 15 year-old resident of Ponta Grossa (PR), said he met the girl in the nightclub of the ship. His attorney is claiming that the sex was consensual: “He’s a child. They went to the bedroom and had sex. At no time there was persuasion. Then, pressed by her family, she said she was raped. Her mother is a lawyer”.

The uncle added that the ship has cameras and the family intends to use the images to show that there was consent. To the police, the girl said she thought she would find friends, but in the cabin, the Brazilian was forced to have sex. She testified and underwent clinical examination. According to the lawyer, the Sao Paulo resident, Neto Luiz Antonio Scavone, also was in the cabin. He had invited another girl, who then walked away. The attorney for Luiz Scavone, said today that his client “will plead not guilty when formally charged”.
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