A case involving sex crimes against a child has resulted in a conviction due to extremely crucial evidence being allowed in the case, thanks to a change in the law sponsored by Florida State Representative Jenna Persons-Mulicka and Florida State Senator Jonathan Martin and signed into law by Governor Ron DeSantis.
This law change led to the conviction of Juan Alameda, of Immokalee, for Familial or Custodial Sexual Battery and Lewd or Lascivious Molestation. The defendant molested a young girl multiple times. It was the evidence involved in this specific case that led to State Attorney Amira Fox’s team writing a suggested revision to the law to admit this important evidence.
Assistant State Attorneys Laura Mason and Mara Marzano prosecuted the case during a three-day trial in Collier County. The jury returned the guilty verdict just after 7 p.m. Friday.
Key evidence in this case was a recording of the defendant during the commission of the crime. A guardian of the child victim had suspicions about the defendant who had made a concerning statement about the child. The guardian then put the child’s cell phone in a doll house, located in the living room of a residence, to record any interaction between the defendant and the child. The next morning, the guardian checked the phone and heard what sounded like a crime being committed. They immediately contacted the Collier County Sheriff’s Office.
State Representative Persons-Mulicka and State Senator Martin sponsored House Bill 934.03, signed by Governor DeSantis in April 2024. Now Florida Statute 934.03, states, in part, that it is lawful for a parent or legal guardian of a child under 18 years of age to intercept and record an oral communication if the child is a party to the communication and the parent or legal guardian has legal grounds to believe that recording the communication will capture a statement by another party to the communication that the other party intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence against a child.
“Prior to this new law, this recording would not have been admissible in court. This law is largely responsible for this important conviction as is the commendable work of the prosecutors in this case who dedicated many hours and used their legal expertise to navigate other challenges such as not having the guardian or victim participating in the case,” said State Attorney Fox.
“I also want to express gratitude to Governor DeSantis for signing the bill into law following the work of Representative Persons-Mulicka and Senator Martin. This law is already having a crucial impact on keeping Florida safe from predators,” said State Attorney Fox.
Sentencing is scheduled for June 4, 2025. The State is seeking life in prison.
Samantha Syoen – State Attorney’s Office Communications Director