COMPETENCY DECISION ON ACCUSED RAPIST DELAYED FOR NEW EVALUATIONS (HOMOSEXUAL PREDATOR)

His hands chained and cuffed together, his brown hair tangled and unkempt, his eyes ratcheted straight down to the wooden desktop in front of him, accused child rapist William Salisbury said nothing as he sat in court Monday.

He didn't talk to his attorney. He didn't talk to the deputies leading him from the jail cell adjoining the courtroom to the defense table.

As he walked to his seat, Salisbury merely looked at the gallery of people in the room, including two doctors subpoenaed to testify about how he's mentally ill. He sat down, stared downward and didn't move.

"At this point, I can't communicate with him or do anything regarding his case," Salisbury's attorney, Assistant Public Defender Shannon Brown, said after the hearing ended.

Collier Circuit Judge Lawrence D. Martin was set for a hearing on whether Salisbury, 34, 4295 11th Ave. S.W., is mentally competent to stand trial on kidnapping, child abuse, rape, and lewd and lascivious molestation charges. If convicted, Salisbury could receive a life sentence.

The hearing was postponed for several months after the prosecutor objected to going ahead with year-old psychiatric evaluations.

Two of the three doctors who evaluated Salisbury did so more than a year ago. Dr. Elizabeth Harrison of Naples said Salisbury is competent. Dr. Paul Kling of Fort Myers said Salisbury isn't. But both can testify only about Salisbury's mental state at the time of the evaluation in October 2003, prosecutor Steve Maresca argued.

Only Dr. Harald Lettner of Naples examined Salisbury recently. After an evaluation in August, the doctor agreed with Kling, saying Salisbury isn't mentally competent.

Even with the subpoenaed doctors present to testify, Martin said he couldn't rule without fresh information.

"I'm not sure that anything I can do at this point would stand up on appeal," Martin told the attorneys.

Martin ordered all three doctors to re-evaluate Salisbury. Then a hearing would be scheduled within 30 days so the examinations will be more useful for the decision about Salisbury's mental state.

Investigators say Salisbury abducted one boy in December 2002 from Golden Gate Community Park. He drove around with the child for three hours and raped him before dropping him off near Pine Ridge Road in North Naples, investigators say.

And in April 2003, investigators say, Salisbury snatched another 6-year-old boy from in front of his home in Golden Gate Estates and then released him on a dark stretch of Golden Gate Boulevard about four hours later. Salisbury hit the boy, who had scratches on his head and neck from being forced into a truck, according to arrest papers.

A defendant must be able to understand the nature of the charges and the court proceedings as well as assist in his own defense before he can stand trial. Brown said Salisbury isn't able to do this.

Under Florida law, two doctors must say a defendant is mentally incompetent before a judge can rule that way. And even then, it's up to the judge's discretion after he hears the testimony.

If found to be incompetent, the case isn't dismissed. It remains pending as the defendant is sent to the state mental hospital in Chattahoochee, where he receives treatment and medication to handle whatever mental illness prevents him from having the competency to go to trial. Once doctors there believe he can do so, another hearing is held and a judge must rule the defendant can face trial.

Brown hasn't yet put on the record with the court why she believes Salisbury wasn't competent. But she asked for the evaluations because she can't prepare a defense or ethically let him plead to the charges, even if he said he was willing.

The evaluations cost between $400 and $1,000 each, depending on the length of time and the battery of tests they require, Brown said.

A competency question isn't necessarily related to or indicative of a plan to pursue an insanity defense, Brown said.

However, Brown did ask the doctors to evaluate Salisbury to see if he met the legal definition of insanity at the time the crimes are alleged to have occurred, court records show. Insanity is when a mental disorder prevents a defendant from knowing the difference between right and wrong.

Salisbury, who remains in the Collier County jail without bond following his June 2003 arrest, has pleaded innocent.

I am sick of these animals. They need to be stoned to death. It's an epidemic!

Parents urged to keep kids off porn sites
Jeremy Boren, Times Staff
11/30/2004

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The lurid Internet conversations unsealed last week between a Baden police officer and a 14-year-old boy were a harsh reminder for parents of the peril children can face online.

An FBI agent testifying against suspended Baden officer Kenneth Jones said the officer frequented online chat rooms and Web sites that cater to men seeking out young boys. The magistrate deciding whether to release Jones on home arrest even mentioned her own 14-year-old son to register her disgust of the Internet coercion allegation against the 14-year police officer. Another judge is still reviewing Jones' request for house-arrest release.

Although little is known about the 14-year-old in Jones' case, one thing is clear: The boy was able to spend hours online chatting with Jones, who eventually set up several meetings, where the two engaged in sexual acts, according to an affidavit against Jones made public last week.

Parents have two avenues when it comes to protecting children from online predators and offensive content: Be a parent, or be prepared to spend time and cash playing Internet spy.

"Be a parent. Be there. When my kids are on the computer, I watch them like a hawk," said Robert Capo, a father of three young children and storeowner of Computer Central in New Brighton.

Capo said customers ask for impossibilities when it comes to filtering all explicit content from an ever-growing Web of explicit sites.

So for some, the next best thing is spying. One of Capo's customers explained that he wanted to catch his daughter visiting offensive Web sites.

The man wanted to install an expensive software suite designed to capture images of his computer's screen as his daughter used it. "I don't know if he found what he was looking for. But he didn't complain either," Capo said.

Computer spying tools abound. The popular "eBlaster" program, manufactured by SpectorSoft Corp. of Vero Beach, Fla., promises its software can confirm or allay a variety of personal and workplace suspicions. "Is your spouse cheating on you? Are your children being approached by child molesters? Are your employees stealing from you by goofing off all day online? Do they close chat and other windows whenever you appear?" the company's Web site asks.

The booming company's $99.95 program tracks e-mail, online chat and other messages, and e-mails them to the software owner.

Other programs, such as AOL Instant Messenger's Guardian add-on, offer a limited look at child's activity online by tracking Web sites visited, e-mail addresses used and the number of chat messages sent to messenger "buddies" online. Messenger also offers a timer that cuts off a user after a set time.

Yet another option is a keystroke logger, a device that attaches to a computer and quietly logs each key tap for later review - a computer version of a telephone bug.

There are simpler ways, Capo said. A password on the family computer would keep children from using the system when parents aren't around to type it in. Putting the computer in a visible area of the home such as the kitchen or living room lowers the risk of banned content appearing on screens in front of parents' eyes.

Therapist Suzanne Watkins said those are good ideas, ones that she shares with her clients at the Cranberry Psychological Center. "I have encouraged parents to limit the children's time on the computer. Get a timer if you need to," she said.

Watkins said children get into trouble when they're using a computer for long hours at night, when parents are away or without restrictions.

Parental responsibility rings true elsewhere, as well. A July U.S. Supreme Court ruling striking down the Child Online Protection Act put the onus on parents to monitor their children.

The ruling said that punishing online pornographers would have a "chilling" effect on the First Amendment and that COPA assumed, incorrectly, that parents wanted to protect their children but didn't have the means to monitor them.

The court's opinion said Web filters could be a better tool than the penalties within COPA.

Even so, Watkins, who works with teens and families, said there are too many unknowns online to rely solely on software filters and the like, which suffer their own vulnerabilities from a mounting number of programs designed to eliminate spying programs for computers.

"There is a whole line of deception out there that we don't see, so we don't know. You have no idea of what's going on with the person at the other screen," Watkins said. "The biggest lie out there is that kids are kids. No, they're adults in minibodies."

Jeremy Boren can be reached online at jboren@timesonline.com.

©Beaver County Times Allegheny Times 2004

Convicted Sex Offender Arrested for Sexual Battery in Lee County

November 24, 2004

The Florida Department of Law Enforcement announces the arrest of Jose Fernando Buisan, 44, of Valrico, Fla. Buisan is charged with sexual battery on a child under the age of 12. FDLE special agents arrested Buisan Tuesday evening at his residence in Valrico.

Buisan, a convicted sex offender, is accused of sexually battering a 7-year-old female while living in Fort Myers between the months of February and August 2000. Earlier this month the Lee County Sheriff’s Office was contacted with information about the alleged battery. Because the investigation may involve multiple jurisdictions FDLE was requested by the Lee County Sheriff’s Office to assume the investigation.

Buisan was booked into the Hillsborough County Jail under a $100,000 bond.

FDLE special agents are continuing to investigate and expect that more charges will be filed. FDLE is asking anyone who might have information regarding Jose Buisan to contact FDLE at 1-800-407-4880.

http://www.fdle.state.fl.us/press_releases/20041124_Jose_Buisan.html

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